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Dispute Resolution analysis: The Court of Appeal has upheld a ruling that a payment made by a company director to a High Court Enforcement Agent...
Dispute Resolution analysis: The Admiralty Court held that solicitors who wrongly represented that they were instructed by insurers were in breach of...
Dispute Resolution analysis: The court dismissed a defendant’s application to vary a passport order, finding that they had failed to demonstrate...
Law360, Expert analysis: On 12 February 2026, the Civil Section No 27 of the Barcelona Court of First Instance delivered Auto No 86/2026 in...
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
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
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