The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—30 January 2025
No police duty to protect from third party harm—applying the Tindall principles (Chief Constable of Northamptonshire Police v Woodcock, HD and others v Chief Constable of Wiltshire Police)
The following Commercial news provides comprehensive and up to date legal information on Amendments in retrospect—Repair or replace? (R v Revenue and Customs Commissioners)
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...
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
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
Strike out applications—what, who and whenThis Practice Note considers who may bring an application to strike out a statement of case (or part of a statement of case), identifies the three grounds on which such application may be brought and timing issues as to when such an order may be made.What is
Does a defendant require permission of the court to file a defence late (outside the agreed 28-day extension)?The general rule, set out in CPR 15.4(1) is that the period for serving a defence is:•14 days after service of the particulars of claim, or•if the defendant files an acknowledgment of
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