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The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Covert recordings of neuropsychological testing (Celikdemir v PGR Timber Ltd)
Belgian Supreme Court upholds the application of the 2005 Hague Convention to exclusive choice of court agreements concluded during the Brexit transition period
The following IP news provides comprehensive and up to date legal information on Getty wins permission to appeal Stability AI copyright case
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Misrepresentation—damages as a remedyThis Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA 1967).For consideration of when the courts will rescind a contract for misrepresentation and when parties can
Knowing receipt and dishonest assistance claimsIntroductory observationsClaims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory liability’ claims in that they involve pursuing a defendant who has been involved
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious
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