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 allowed a jurisdiction challenge and set aside proceedings where the claimant had purported to serve an...
Restructuring & Insolvency analysis: The High Court restrained two winding-up petitions arising from disputed construction debts. One payment...
Dispute Resolution analysis: the Commercial Court granted a post-judgment worldwide freezing order against an airline owing approximately USD250...
Dispute Resolution analysis: the Court of Appeal dismissed a challenge to the joinder of a deceased defendant’s widow and permission to serve...
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...
Can the tort of conversion apply where one individual took money from another individual's bank account?The tort of conversionThe tort of conversion is concerned with cases where one person (D) has misappropriated goods belonging to another (C).It requires the existence of three elements:•D’s
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
Loss of chance damagesThis Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples v Simmons & Simmons, its further consideration in Wellesley v Withers and the Supreme Court’s clarification
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
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