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The Ministry of Justice (MoJ) has published a policy paper providing a one-year update on its artificial intelligence (AI) Action Plan for Justice and...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
Dispute Analysis: The Court of Appeal dismissed the claimants’ appeal against the setting aside of a worldwide freezing order obtained on a Chabra...
Employment analysis: In Hancox v Kenneth Sutherland, the Employment Appeal Tribunal (EAT) allowed an appeal against a successful strike out on the...
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...
Written pleadings in Scottish civil litigationThis Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland.In Scotland, as in other jurisdictions, a party wishing to present or defend a civil claim must first put that claim or defence in writing. These
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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