Claims and remedies

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Claims and remedies guidance:

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...

Practice Note

What is subrogation? Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of another and to bring...

Practice Note

This Practice Note sets out certain key cases and associated relevant content in relation to construction of finance documents. The cases are divided by topic area and...

Practice Note

When advising on contractual construction you should consider: • the guiding principles used by the court when interpreting the meaning of contracts, including the...

Practice Note

Contract interpretation—starting point—the contract itself Unless alleging mistake, fraud or misrepresentation, parties are bound by the documents which they sign,...

Practice Note

This Practice Note considers the court’s approach when there is dispute as to which party’s terms and conditions govern their contract in a ‘battle of the forms’ scenario...

Practice Note

Liquidated damages v penalties—when does the issue arise? Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular...

Practice Note

Express and implied contractual terms distinguished Contractual terms may be either express or implied: • express terms—are terms which are actually recorded in a written...

Practice Note

Parties may often seek to specify that the entirety of their contractual relationship is governed by the written contract they have signed. This is what is known as an...

Practice Note

The basic approach of contract interpretation as provided by Lord Hoffmann’s five principles in ICS v West Bromwich Building Society (see Practice Note: Contract...

Practice Note

Key questions for any litigator when reviewing a contract will be: • what does the contract mean? • what are the parties’ respective rights and obligations under the...

Practice Note

In addition to the guiding principles on contract interpretation provided by Lord Hoffmann in ICS (see Practice Note: Contract interpretation—the guiding principles),...

Practice Note

What are contractual terms? The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another. A contractual term is...

Practice Note

This Practice provides some practical illustrations of the operation of the Contracts (Rights of Third Parties) Acts 1999, considering group liability and defences under...

Practice Note

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages and the different...

Practice Note

There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are available where it...

Practice Note