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Latest Dispute Resolution News

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

175th Practice Direction update—in force 20 November 2024

175th Practice Direction update—in force 20 November 2024

Dispute Resolution weekly highlights—21 November 2024

Dispute Resolution weekly highlights—21 November 2024

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—21 November 2024

176th Practice Direction update—in force 19 November 2024

176th Practice Direction update—in force 19 November 2024

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...

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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

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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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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

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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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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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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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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

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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

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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

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

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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

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

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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

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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

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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Popular documents

Precautionary (quia timet) injunctions

Precautionary (quia timet) injunctionsWhat is a precautionary (quia timet) injunction?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a

Interim injunctions—variation, discharge and appeals

Interim injunctions—variation, discharge and appealsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further

Interim delivery up orders and preservation of property

Interim delivery up orders and preservation of propertyNote that the guidance in this Practice Note concerns the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional

Injunctions—guiding principles

Injunctions—guiding principlesWhat is an injunction?An injunction is defined in the glossary to the CPR as ‘a court order prohibiting a person from doing something or requiring a person to do something’. It is a tool used by the courts to prevent injustice.The power to grant injunctions is extremely