A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity...
What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12...
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
In order to bring a claim in negligence against the solicitors, M will have to establish:•that it was owed a duty of care by the solicitors•that the...
By way of example, is it possible to have a master sale and purchase agreement governed by English law pursuant to which one party agrees to assign or...
All employees are under a duty of fidelity to their employer. The duty of fidelity is also known as the duty of good faith, or of loyalty.Fidelity is...
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...
There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are...
This Practice Note considers the standard of care in professional negligence claims, originally formulated in Bolam v Friern Hospital as being that of...
This Practice Note considers tortious liability issues where more than one party is responsible for the damage suffered by the claimant.It considers...
An intra-group reorganisation involves the transfer of group company share capital or group assets between two or more companies in the same corporate...
What are contractual terms?The terms of a contract define the existence and scope of the parties’ respective rights and obligations to one another.A...
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