Pre-action and limitation

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Latest Dispute Resolution News

Minutes of the CPR Committee meeting—1 November 2024

Minutes of the CPR Committee meeting—1 November 2024

The following Dispute Resolution news provides comprehensive and up to date legal information on Minutes of the CPR Committee meeting—1 November 2024

Online Procedure Rule Committee minutes—2024 in review

Online Procedure Rule Committee minutes—2024 in review

The following Dispute Resolution news provides comprehensive and up to date legal information on Online Procedure Rule Committee minutes—2024 in review

Dispute Resolution weekly highlights—19 December 2024

Dispute Resolution weekly highlights—19 December 2024

The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—19 December 2024

MoJ publishes results from the Legal Problem and Resolution Survey 2023

MoJ publishes results from the Legal Problem and Resolution Survey 2023

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—tort claims

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,

Letter of claim—breach of contract

Letter of claim—breach of contract[ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS LINE 2][POSTCODE][DATE]Dear [insert name][PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME]LETTER OF

Amended pre-action protocols likely in force 6 April 2015

Dispute Resolution analysis: the Civil Procedure Rule Committee (CPRC) is in the process of making significant amendments to a number of the pre-action protocols and will be introducing a new debt protocol. We understand that it is likely that the following protocols will come into force on 6 April

The pre-action protocols and when they apply

The pre-action protocols and when they applyThis Practice Note details the pre-action protocols, referring to the Practice Direction Pre-Action Conduct and Protocols, as well as providing an overview of the various specific pre-action protocols which might be relevant to your dispute.It provides