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Commercial Court and Arbitration Pleadings
Charles Macdonald QC MA (Oxon) and Chirag Karia MA (Cantab), LLM
Publication Date:
2005
Publisher:
Bloomsbury Professional
Copyright:
2005 Bloomsbury Professional
GO
Contents
Contents
Expand All
Collapse All
Preface
Table of Statutes
Table of Statutory Instruments
Table of Cases
Close section
Part I: Introduction
Close section
Chapter 1: Introduction
The purpose of this book
What the book does not set out to do
Why ‘pleadings’?
The purpose of pleadings
Close section
Chapter 2: Commercial Court Pleadings:Technical Requirements and Effective Communication
Technical requirements
Close section
Part II: Commercial Court Pleadings
Close section
Chapter 3: Shipping – Charterparties
TIME CHARTERPARTIES
VOYAGE CHARTERPARTIES
Pleading
4. Payment of Freight
6. Laytime
7. Demurrage
Close section
Chapter 4: Shipping – Bills of Lading
CARGO CLAIMS
Pleading
GENERAL AVERAGE
Pleading
Close section
Chapter 5: Shipping – Marine Insurance
Law
The policy
Insurable interest
The loss
The burden of proof
Pleading issues
Pleading:Total loss
Pleading: Partial loss
Close section
Chapter 6: Carriage of Goods by Road and Air
CARRIAGE OF GOODS BY ROAD
Specimen statements of case
CARRIAGE OF GOODS BY AIR
The Montreal Convention
Pleading
Chapter 7: Commercial Insurance – Non Marine
Close section
Chapter 8: Reinsurance
Introduction
Pleading
The loss and judgment:
Aggregation:
Avoidance
Construction
Respondents
Purported avoidance:
Close section
Chapter 9: Banking
DOCUMENTARY CREDITS
Close section
Chapter 10: International Trade and Sale of Goods
International sale of goods: cif and fob contracts
Close section
Chapter 11: Agency
Law
Pleading
Close section
Chapter 12: Professional Negligence
Law
Pleading
Close section
Part III: Commercial Court: Other Documents
Close section
Chapter 13: Appeals
APPEALS: NOTICE OF APPEAL, RESPONDENT’S NOTICE, RESPONDENT’S NOTICE WITH ADDITIONAL GROUNDS
Pleading
Close section
Chapter 14: Conflict of Laws and Stays
Service Out: Applications For Permission To Serve A Claim Form Out Of The Jurisdiction
Pleadings
Close section
Chapter 15: Search and Freezing Orders
Freezing Injunctions
Search Orders
Pleading
Application for Freezing Injunction
Close section
Chapter 16: Arbitration Applications
Stay Of Legal Proceedings: Section 9, Arbitration Act 1996
Procedure
Pleading
Application for Stay of Legal Proceedings
Witness Statements
(1) The contract
(2) The arbitration clause
(1) No arbitration clause
(2) Substantive step taken by the Defendant
Time Extensions:The Arbitration Act 1996
Extending time in arbitral proceedings
CPR procedure
Pleading
Claim Form (Arbitration) – N8 Grounds of application
Witness statement in support
Witness statement in opposition
Challenging An Award For Serious Irregularity/Permission To Appeal: Sections 68 And 69, Arbitration Act 1996
Section 69
Pleading
ADDENDUM TO ARBITRATION CLAIM FORM
Application for Delivery Up Order
Close section
Chapter 17: Case Memorandum and List of Issues
Generally
Case Memorandum
A summary of the dispute
A procedural summary
List of issues
Case management information sheet
Procedural History
In Issue
Procedural History
In Issue
Close section
Chapter 18: Offers to Settle and Payments into Court
Introduction
A Defendant’s offer to settle a money claim needs a Part 36 payment – CPR 36.3
Form and content of a Part 36 offer – CPR 36.5
Form and content of a Part 36 offer – CPR 36.5
Form of Part 36 Payment – CPR 36.6
Offer to settle a claim for provisional damages – CPR 36.7
Date when a Part 36 offer or Part 36 payment is made and accepted – CPR 36.8
Seeking clarification of a Part 36 offer or a Part 36 payment notice – CPR 36.9
Offers to settle made before the commencement of proceedings – CPR 36.10
Time for and consequence of acceptance of a defendant’s Part 36 offer or a Part 36 payment – CPR 36.11, 36.13 and 36.16
Time for and consequence of acceptance of a claimant’s Part 36 offer – CPR 36.12 and 36.14
The effect of accepting a Part 36 offer or Part 36 payment – CPR 36.15
Acceptance of a Part 36 offer or payment made by one or more, but not all, defendants – CPR 36.17
Restrictions on disclosing a Part 36 offer or a Part 36 payment – CPR 36.19
Costs consequences in the event that the claimant fails to do better than a Part 36 offer or a Part 36 payment – CPR 36.20
Costs and other consequences where a claimant does better than he proposed in his Part 36 offer – CPR 36.21
Interest – CPR 36.22
Offers to settle in collision cases – CPR 61.4(10)–(12)
Offers to settle in arbitrations
PRECEDENTS
Part 36 offer in respect of the whole or part of a money claim made more than 21 days before trial
Notice of acceptance and request for payment in respect of a payment into court made under CPR 36
Part 36 offer by a Defendant in respect of the whole of a non-money claim made more than 21 days before trial
Part 36 Offer relating to the whole of a non-money claim made less than 21 days before the trial
Part 36 offer relating to part of the claim/a particular issue made more than 21 days before the trial
Claimant’s Part 36 offer relating to the whole of a money claim made more than 21 days before the trial
Claimant’s Part 36 offer relating to part of a money claim made more than 21 days before the trial
Pre-action offer by a defendant in a money claim
Claimant’s pre-action offer in a money claim
Letter with offer to settle in respect of a claim to establish liability for a collision claim (other than a claim for loss of life or personal injury)
Respondent’s offer to settle a money claim in arbitration proceedings
Claimant’s offer to settle a money claim in an arbitration
Index
[44.201.72.250]
44.201.72.250