Claims and remedies

Claims and remedies guidance:

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,...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

This Practice Note identifies a number of common assignment scenarios and key considerations when involved in such scenarios, such as intra-group assignment, assigning...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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....

Practice Note

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation...

Practice Note

As considered in Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity, a professional negligence claim may be founded in...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note

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...

Practice Note