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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...
Anonymisation—protecting the identity of a personThis Practice Note looks at the protection of the identity or anonymisation of a person in civil litigation proceedings under CPR 39.2(4). It considers when the court may derogate from the general principle of open justice in the context of
Discontinuance of a claimAmendments to CPR 38With effect from 6 April 2023, CPR 38 is amended in a number of ways, including:•clarifying that the definition of ‘claim’ in CPR 38 includes ‘a cause of action or part of one’•amending the language of CPR 38.5(2) to refer to the end of ‘the claim’ rather
What is the procedure for coming off the record? Does it require the client’s consent and/or co-operation for a solicitor to come off the court record?A solicitor is ‘on the record’ for a litigant where the address for service of a party is the business address of that solicitor unless and until the
Can a defendant discontinue its counterclaim and if so, what is the procedure for doing so and what are the cost consequences?An ‘additional claim’ is any claim other than the claim brought by the claimant against the defendant: CPR 20.2(2)(a). A counterclaim is, therefore, a species of additional
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