In an action for injuries arising from negligence it was a complete defence at common law if the defendant proved that the plaintiff, by some negligence on his own part, directly contributed to the injury1. However, the Law Reform (Contributory Negligence) Act 19452 provides that where any person suffers damage3 as the result partly of his own fault4 and partly of the fault5 of any other person or persons6, a claim in respect of that damage is not to be defeated by reason of the fault of the person suffering the damage, but the damages recoverable7 in respect thereof
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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