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The following Dispute Resolution news provides comprehensive and up to date legal information on Denmark's £1.4bn cum-ex loss raises legal strategy doubts
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
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...
Mediation-arbitration (med-arb)—an introduction [Archived]ARCHIVED: This archived Practice Note considers the use of mediation-arbitration (med-arb) to resolve commercial disputes. It is not maintained and is for background information only. For information on alternative dispute resolution (ADR) in
Mediation—confidentiality and privilegeConfidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different levels of confidentiality:•one covering all that is said or happens during the mediation•the other covering the
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
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