The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—3 April 2025
The following Information Law news provides comprehensive and up to date legal information on Withholding DSAR documents from inspection during data protection proceedings by relying on a Data Protection Act 2018 exemption (Cole v Marlborough College)
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...
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 tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
Strike out for abuse of process (civil) (CPR 3.4(2)(b))Strike out for abuse of process–basis of applicationUnder CPR 3.4(2)(b), the court may strike out a statement of case if it appears to the court ‘that the statement of case is an abuse of the court's process or is otherwise likely to obstruct
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
Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))Under CPR 3.4(2)(a), the court may strike out a statement of case if it appears to the court ‘that the statement of case discloses no reasonable grounds for bringing or defending the claim’.It is evident from this
Strike out—after a strike out order has been madeWhat happens after a strike out order has been made?CPR PD 3A, para 1.6 provides that where a rule, practice direction or order states ‘shall be struck out or dismissed’ or ‘will be struck out or dismissed’ this means that the striking out or
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