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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...
Knowing receipt and dishonest assistance claimsIntroductory observationsClaims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory liability’ claims in that they involve pursuing a defendant who has been involved
Contract interpretation—entire agreement clausesParties 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 ‘entire agreement clause’. This Practice Note considers why they are used and some
Claims against directors—key considerations for dispute resolution practitionersThis Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a director, the likely claimant(s) in actions involving directors as well
Causation and remoteness in tort and negligence claimsThis Practice Note considers the requirement for causation as part of establishing a viable claim in tort, including in negligence claims. It considers the aspects of factual causation: including the ‘but for’ test, evidencing it and its limits,
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