Navigate the intricacies of dispute resolution with our expert guidance on pre-action and limitation considerations. Prepare robust pre-action tactics and comprehend the statutory deadlines that govern your case’s viability. Stay ahead with practical strategies and insights tailored specifically for dispute resolution specialists.
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
The Supreme Court unanimously dismissed Forthwell Ltd’s appeal against Pontegadea UK Ltd concerning damages for lost trading profits at the Rogano...
The Master of the Rolls and the Minister of State have approved the 197th Practice Direction update to the Civil Procedure Rules 1998 (CPR). It amends...
Public Law analysis: The High Court refused to strike out or summarily dismiss Bromcom’s unlawful means conspiracy claim alleging that Arbor’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...
Limitation—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on tort, with particular focus on joint tortfeasors, concurrent duties between contract and tort claims,
After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-Action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?We have assumed that It is assumed
Limitation—fraud, deliberate concealment and mistakeThis Practice Note considers section 32 of the Limitation Act 1980 (LA 1980). In particular, it addresses how a court might apply this provision when considering the postponement of limitation periods in claims involving a fraud, deliberate
What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of breach or the date when the breach could reasonably have been discovered?Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act
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