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Latest Dispute Resolution News

SRA clarifies regulatory approach to SLAPP cases amid ongoing investigations

SRA clarifies regulatory approach to SLAPP cases amid ongoing investigations

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

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

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

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

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

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

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

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

Limitation—extensions of time under the Limitation Act 1980

Limitation—extensions of time under the Limitation Act 1980This Practice Note considers the different ways in which limitation periods may be postponed and/or extended pursuant to Part II of the Limitation Act 1980 (LA 1980).Extension or exclusion of time limitsPart II of the LA 1980, ss 28-34

Limitation—professional negligence claims

Limitation—professional negligence claimsThis Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in respect of claims in both contract and in tort.For more background information on limitation, see:

Letter of claim—contractual debt claim

Letter of claim—contractual debt claim[On the headed notepaper of the creditor’s solicitors]FAO [Insert name of the debtor’s solicitors][Address line 1][Address line 2][Postcode][Date]Dear [insert name][Insert creditor’s name] AND [Insert debtor’s name]Letter of claim[We write further to our letter

In what circumstances can you assign a claim or cause of action?

In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation.For guidance on how to assign a claim or cause of action, with particular consideration