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The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Court’s power to grant anonymity orders in personal injury litigation to ensure the proper administration of justice (PMC v Cwm Taf Mogannwg UHB)
The following Dispute Resolution news provides comprehensive and up to date legal information on Anti-enforcement injunction to prevent enforcement of an English judgment overseas (Federal Government of Nigeria and another v Williams)
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...
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
Claims against directors—key considerations for dispute resolution practitionersThis Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a director, the likely claimant(s) in actions involving directors as well
Causation and remoteness in tort and negligence claimsThis Practice Note considers the requirement for causation as part of establishing a viable claim in tort, including in negligence claims. It considers the aspects of factual causation: including the ‘but for’ test, evidencing it and its limits,
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity of a statement, however, the next question is whether that false
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