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This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
Law360, London: The US-Israel conflict with Iran may give rise to complex commercial disputes in England similar to those following the coronavirus...
The Ministry of Justice’s report, Harnessing English Law for Economic Growth with purpose, presents arbitration and the resolution of cross-border...
Dispute Resolution analysis: Senior Costs Judge Rowley, in his second judgment in this case, undertook an assessment of expert medical agency fees...
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...
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Setting aside default judgment—discretionary grounds (CPR 13.3)Where a claimant has obtained judgment against a defendant who failed to file an acknowledgment of service or a defence (known as a default judgment or judgment in default), the defendant can ask the court to exercise its discretion to
Summary judgment—relevant factors and examplesThe Practice Notes:•Summary judgment—principles of approach•Summary judgment—no real prospect of success•Summary judgment—no other compelling reason for a trialset out the general approach to summary judgment applications and the two separate limbs for
Summary judgment—no real prospect of successAmendments to CPR Part 24 and CPR PD 24—1 October 2023Practitioners should note that the CPR provisions relevant to summary judgment were amended with effect from 1 October 2023. CPR Part 24 was substituted and CPR PD 24 was revoked. The changes
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