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The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—5 February 2026
The following Arbitration news provides comprehensive and up to date legal information on Tort claims and contractual exclusions—jurisdiction of arbitral tribunal (MS ‘V1’ and another v SY Co)
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...
Summary judgment—the hearing, orders and costsThis Practice Note considers what may happen at a summary judgment application under CPR 24, including case management issues, what orders the court can make (including conditional orders), costs of the application and practical considerations when
Setting aside default judgment—mandatory grounds (CPR 13.2)If default judgment is wrongly entered against a defendant the court must set that judgment aside. CPR 13.2 sets out mandatory grounds for setting aside a default judgment—if these grounds are present the court has no discretion and must set
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
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))Under CPR 3.4(2)(c), the court may strike out a statement of case if it appears to the court that there has been a failure to comply with a rule, practice direction or court order.It is evident from this that an
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