When does an agency relationship arise? Agency is an arrangement under which a principal appoints an agent to act at its direction for specified purposes. In particular,...
This Practice Note considers agreements to agree, and why an agreement to agree certain contractual terms at a future date has traditionally been held to be...
There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008, a company could not...
This Practice Note should be read in conjunction with Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Guidance For guidance on the...
This Practice Note identifies a number of common assignment scenarios and key considerations when involved in such scenarios, such as intra-group assignment, assigning...
There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008, a company could not...
This Practice Note provides an introduction to bailment, which is a large and complex topic. This Practice Note provides a working definition of bailment and practical...
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a...
Having established the existence of a ‘professional’ who may owe duties to their client, it is then necessary to consider the bases on which such duties may be founded....
When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...
This Practice Note considers causation and remoteness in professional negligence claims, encompassing the ‘but for’ test (considered in Kuwait Airways v Iraqi Airways),...
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for...
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per Ivey v Genting) and...
Fraud—what is it? Fraud can best be described as the deliberate or intentional use of misrepresentation, deception or dishonesty to deprive, in order to make a gain or...
This Practice Note on civil fraud (commercial fraud) summarises the main heads of claim (causes of action in fraud) which you may consider pleading in a civil fraud...
The legal issues that arise in civil fraud cases can be many and varied and are usually also inherently complicated. While it is critical that each case is analysed on...
The legal issues that arise in civil fraud cases can be many and varied and are usually also inherently complicated. While it is critical that each case is analysed on...
What is subrogation? Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of another and to bring...
Produced in partnership with David Hirst of 5RB The purpose of the claim form The claim form is the document used to start proceedings. It contains information relevant...
This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract. For the basic...
