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Practice notes
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,...
Practice notes
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
Q&As
What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
Practice notes
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...
Practice notes
Mistake in contract lawThis Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake,...
Practice notes
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
Practice notes
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR
Practice notes
Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
Produced in partnership with Jon Chapman of Clarkslegal LLP
Practice notes
Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:•acted in a particular way, or•failed to act...
Practice notes
Bills of exchange—structure and partiesBills of exchange are negotiable instruments that represent an unconditional promise by one party to pay...
Produced in partnership with Ed Bellamy, Marta Bishop and Jad Hussain of Paul Hastings (Europe) LLP
Practice notes
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
Practice notes
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Practice notes
Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
Practice notes
RepudiationThis Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes...
Practice notes
Discharge by frustrationCoronavirus (COVID-19): In addition to the below content on force majeure generally, see also:•Coronavirus (COVID-19)...
Practice notes
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
Practice notes
Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter...
Practice notes
Causation and intervening acts in criminal casesCriminal offences are generally divided into two categories: •conduct crimes, and •result crimesA...
Practice notes
Threats to killThe offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown...
Practice notes
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in...

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Arbitral award set aside under section 68(2)(a) (Mare Nova Inc v Zhangjiagang Jiushun Ship Engineering Co Ltd)

Arbitration analysis: The court remitted an award back to a tribunal for reconsideration because the tribunal had rejected a claim for damages on the basis of an argument that had neither been raised by the parties nor put to them in the course of the arbitration. The court was satisfied that the tribunal had erred in law and so had the claimant...

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Fast fashion, measured justice—High Court adopts cautious approach in Farfetch liquidation Re Farfetch Ltd (in liquidation)

Restructuring & Insolvency analysis: The High Court has taken a measured approach in addressing applications by Joint Official Liquidators (JOLs) seeking oral examination of former Farfetch executives. In partially refusing these applications under Article 21 of the UNCITRAL Model Law, the court determined that written responses would suffice at...

18th February
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UPC publishes inaugural annual report, showcasing first-year progress

The Unified Patent Court (UPC) has published its first annual report, detailing its activities and achievements since commencing operations on 1 June 2023. The UPC has reported a successful handling of an increasing caseload, contributing to the development of a consistent body of patent law across member states. The Court has emphasised its...

18th February
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FCA imposes fine against Mako for failings relating to cum-ex trading

The Financial Conduct Authority (FCA) has fined Mako Financial Markets Partnership LLP (Mako) £1,662,700 for failing to maintain effective systems and controls to prevent financial crime and for not adequately applying existing policies and procedures, breaching FCA Principles 2 and Principle 3. This case concludes the FCA's investigations into...

18th February
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