Effectively managing evidence is crucial for success in dispute resolution. This guidance empowers practitioners with insights on gathering, preserving, and presenting evidence strategically to strengthen their cases and achieve favourable outcomes. Disclosure procedures play a pivotal role in dispute resolution. Our expert advice helps practitioners navigate the intricacies of disclosure, ensuring compliance while leveraging information to their advantage throughout the litigation process.
PI & Clinical Negligence analysis: The Court of Appeal considered an appeal by the Ministry of Defence (MoD), against a first instance decision...
Dispute Resolution analysis: The High Court has addressed an apparently undecided question—when does time begin to run where a claimant is induced by...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
Information Law analysis: In Vince v Associated Newspapers Ltd, the Court of Appeal held that the Daily Mail's juxtaposition of a claimant's...
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...
Bankers Trust ordersThis Practice Note explains the court’s ability to make a Bankers Trust order and the nature of such an order. It examines the origins of this equitable jurisdiction; and describes the requirements to be shown for the court to make such an order. The guidance will also address
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege and common interest privilege, including where they are relevant, how they arise, their key features, how they operate, examples and how they can be waived.The interest in privileged documents
Pre-action disclosure—key considerations and casesThe purpose of pre-action disclosureAn applicant may ask a court to order that a potential defendant to civil proceedings should disclose to them (before proceedings have begun) documents likely to be in the potential defendant’s control that they
Disclosure Scheme—Initial DisclosureThis Practice Note considers the provision of Initial Disclosure with a party’s statement of case under the Disclosure Scheme in operation in the Business and Property Courts (B&PCs) under CPR PD 57AD. It considers what must be provided, the obligations on the
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