A party to proceedings (usually the defendant) may be able to obtain an order that another party (usually the claimant) provide security for its costs.

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Force majeure refers to events which are beyond the control of the parties to a contract such as war, epidemic, geological disaster or an act of god.

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Summary judgment is a means by which the court can give judgment on a claim (or a particular issue within a claim) without the need for a trial.

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Directors are responsible for the management of a company’s business and so are subject to certain duties to safeguard the interests of the company.

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Freezing orders are a severe injunction and are not available by right – the court will exercise its discretion in ordering them.

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Disputes in which fraud is suspected involve from the outset important tactical considerations, including identifying, tracing and preserving assets against which to enforce subsequent court orders.

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If a breach of contract is so serious that it can be said to go to the core of the contract and deprives the innocent party of the benefit of the contract, then it may be a repudiatory breach that gives the innocent party the option of treating the contract as terminated and seeking damages.

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These claims are made under the Insolvency Act 1986 (“the Insolvency Act”) and are known as antecedent transaction claims.

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This guide is a very brief outline only of the Court procedure.

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The purpose of “disclosure” is to make available to all parties documents which might tend to support or undermine the parties’ cases.

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Arbitration is intended to be final and binding but that does not prevent aggrieved parties from applying to the English High Court to challenge the arbitration award.

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The various grounds on which a company may be compulsorily wound up are set out in section 122 (1) of the Insolvency Act 1986 (“the Act”).

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These requests are governed by Part 18 of the Civil Procedure Rules (“CPR”).

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The court can issue an injunction to order a party to refrain from doing a particular action or requiring them to do a specified action.

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The courts encourage parties to settle their disputes and “without prejudice” negotiations are a common tool for that.

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‘Privilege’ is a key legal concept in litigation.

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