The following Tax news provides comprehensive and up to date legal information on UT considers taxpayer’s application for permanent anonymity and third party disclosure request (HMRC v The Taxpayer and Others)
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...
Comparison of forms of ADR and litigationThis table shows the differences between litigation and the main different forms of alternative dispute resolution (ADR).Type of DRArbitrationLitigationAdjudicationExpert determinationMediationPublic/privatePrivate (with limited exceptions, eg investor-State
What is ADR?Definition of ADRADR is described in the Glossary of the CPR as ‘a collective description of methods of resolving disputes otherwise than through the normal trial process’. (Note, although the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute
Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clausesMany contracts contain dispute resolution clauses. Sometimes these are straightforward clauses simply providing for litigation or perhaps arbitration (and sometimes also dealing with jurisdiction and
Expert determinationExpert determination is a form of alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation disputes. It defines expert determination and considers the agreement between the parties for choosing/appointing the
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