Unlock a wealth of knowledge tailored for experts in dispute resolution. Our content on claims and remedies offers in-depth practical guidance to efficiently navigate disputes and ascertain precise remedies. Stay ahead with current practices and innovative strategies essential for achieving the most favourable outcomes for your clients.
Dispute Resolution analysis: The High Court refused to restrain Swan Bitcoin, the 20% minority shareholder in 2040 Energy Ltd, from pursuing a British...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
The Courts and Tribunals Judiciary (CTJ) has published a protocol formalising an informal resolution route for legal professionals—barristers,...
The UK Jurisdiction Taskforce (UKJT) has published a legal statement on liability for artificial intelligence (AI) harms under English and Welsh...
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...
Misrepresentation—damages as a remedyThis Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA 1967).For consideration of when the courts will rescind a contract for misrepresentation and when parties can
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious
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,
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity of a statement, however, the next question is whether that false
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