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Latest Dispute Resolution News

CTJ publishes LCCC practice note establishing specialist Arbitration Claims List

CTJ publishes LCCC practice note establishing specialist Arbitration Claims List
SCJC amends Court of Session rules following UK's Hague Convention signing

SCJC amends Court of Session rules following UK's Hague Convention signing
CTJ publishes Commercial Court annual report 2023–24

CTJ publishes Commercial Court annual report 2023–24
Ruling on specific disclosure applications, transcripts: privilege and redactions (Clarke v Guardian)

Ruling on specific disclosure applications, transcripts: privilege and redactions (Clarke v Guardian)

The following Dispute Resolution news provides comprehensive and up to date legal information on Ruling on specific disclosure applications, transcripts: privilege and redactions (Clarke v Guardian)

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...
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Produced in partnership with Jon Chapman of Clarkslegal LLP
1st 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...
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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...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
1st 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)...
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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...
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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...
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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...
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Produced in partnership with Mark Hubbard of New Square Chambers
1st 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...
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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...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
1st 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...
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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...
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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....
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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...
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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...
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Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
2nd 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...
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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...
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1st Mar

Popular documents

Forum non conveniens—principles

Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to

Cross-border enforcement—CJJA 1982 and submission to the foreign court's jurisdiction

Cross-border enforcement—CJJA 1982 and submission to the foreign court's jurisdictionThis Practice Note considers the position under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) where enforcement proceedings for a foreign judgment are brought in the courts of England and Wales and there

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For

Rome I—parties fail to choose the applicable law

Rome I—parties fail to choose the applicable lawThis Practice Note considers the application of Regulation (EC) 593/2008 on the law applicable to contractual obligations, commonly known as Rome I, to circumstances in which the parties have not chosen the applicable law. It considers the law