Claims and remedies

View Dispute Resolution by content type:

News
Practice notes
Precedents
Q&As

Sub Topics We Cover

Actionable misrepresentation and negligent misstatement Civil fraud Contract interpretation Contractual breach and remedies Corporate disputes Cryptoassets for dispute resolution lawyers Debt claims Defamation ESG for dispute resolution lawyers Estoppel—common law and equitable Forming enforceable contracts Insolvency for dispute resolution lawyers Professional negligence claims Protecting confidential information Remedies and tax Restitution, unjust enrichment and related claims Terminating contracts The doctrine of res judicata The economic torts Tort and negligence Transferring contracts and rights of third parties

Latest Dispute Resolution News

Dispute Resolution weekly highlights—3 April 2025

Dispute Resolution weekly highlights—3 April 2025

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—3 April 2025

Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

The following Information Law news provides comprehensive and up to date legal information on Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)

UK declares that the Hague Judgments Convention shall extend to Scotland and Northern Ireland

UK declares that the Hague Judgments Convention shall extend to Scotland and Northern Ireland
HMCTS announces centralisation of combined writ of control applications to CNBC

HMCTS announces centralisation of combined writ of control applications to CNBC

Featured Dispute Resolution content

Rescission of a contract

Rescission of a contract

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 judicata

The doctrine of res judicata

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—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...

Tort—the different types of tort

Tort—the different types of tort

Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...

Practice notes

Novation—why and how to novate a contract

Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
Read More >
Produced in partnership with Jon Chapman of Clarkslegal LLP
28th Mar
tag iconIn-house
Practice notes

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
Read More >
1st Mar
Practice notes

Negligence—when does a duty of care arise?

Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
Read More >
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes

Discharge by frustration

Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
Read More >
1st Mar
tag iconIn-house tag iconCOVID-19
Practice notes

Void contracts

Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
Read More >
1st Mar
Practice notes

Forming enforceable contracts—consideration

Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...
Read More >
2nd Mar
tag iconIn-house
Practice notes

Derivative claim—what it is and when to use it

Derivative claim—what it is and when to use itA guide to specific terminology used in this Practice Note is provided—see below.What is a derivative...
Read More >
Produced in partnership with Mark Hubbard of New Square Chambers
28th Mar
Practice notes

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...
Read More >
1st Mar
Practice notes

Negligence—when is the duty of care breached?

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...
Read More >
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes

The tort of deceit

The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...
Read More >
2nd Mar
tag iconIn-house
Practice notes

Promissory estoppel

Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...
Read More >
Produced in partnership with Nicholas Macklam of Radcliffe Chambers
2nd Mar
Practice notes

Drafting the particulars of claim

Drafting the particulars of claimThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR....
Read More >
2nd Mar
tag iconIn-house
Practice notes

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel...
Read More >
Produced in partnership with Nicholas Macklam of Radcliffe Chambers
2nd Mar
Practice notes

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a...
Read More >
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
28th Mar
Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
Read More >
1st Mar
tag iconIn-house
Practice notes

CPR Part 8 claims (alternative procedure for claims)

CPR Part 8 claims (alternative procedure for claims)This Practice Note provides guidance on the interpretation and application of the relevant...
Read More >
1st Mar

Popular documents

Where are misrepresentations made? Jurisdictional traps for the unwary (Bellmare Holdings Ltd v Wells)

Dispute Resolution analysis: The High Court has provided concise guidance as to how misrepresentation should be analysed when considering jurisdictional gateways. Under Article 5(3) of the Lugano Convention, in negligent misstatement cases, the place of the event giving rise to damage is normally

Unfair prejudice—Court of Appeal consideration of application to strike out parts of a petition (Zedra

Dispute Resolution analysis: A petitioner claiming unfair prejudice is entitled to rely on breaches by the directors of their fiduciary and statutory duties to the company as conduct of the affairs of the company which was unfairly prejudicial to the petitioner. In this case, Zedra (the petitioner)

Rescission of a contract

Rescission of a contractThis Practice Note considers the remedy of rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract

The doctrine of res judicata

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 action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on