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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...

Latest News

Crying over spilt ‘milk’? Oatly loses TM battle to Dairy UK (Dairy UK v Oatly)

IP analysis: The Court of Appeal allowed an appeal by Dairy UK Ltd and reinstated a declaration made by the UK Intellectual Property Office that Oatly AB's trade mark ‘POST MILK GENERATION’ was invalidly registered for oat-based goods. The court of appeal followed the ruling in VSW v TofuTown,and held that trade marks would fall within the...

13th December
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Revised National Planning Policy Framework published

Planning analysis: The government has published a revised version of the National Planning Policy Framework (NPPF). Key changes from the previous version, published in December 2023, impact green belt policy and policy on establishing housing need and housing land supply. There is also greater policy support for infrastructure and community...

13th December
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Hawaii climate insurance case is good news for energy companies

Law360, Expert analysis: Increasing numbers of legal claims are proceeding around the world alleging that the public were misled about the risks associated with climate change, resulting from fossil fuels and greenhouse gas emissions. Amy Lacey, partner, and Ayo Babatunde, associate at Fenchurch Law analyse the Hawaii Supreme Court’s decision in...

13th December
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Exclusions reconsideration case confirms courts focus on ‘substance over form’ (RWU v A Governing Body of A Academy)

Local Government analysis: This case challenged a Governing body's Disciplinary Panel’s (GDP) reconsideration decision not to reinstate an excluded pupil. This followed an Independent Review Panel’s (IRP) decision to quash the GDP’s initial non-reinstatement decision and direct a reconsideration. Judge Fordham dismissed all four grounds of the...

13th December
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