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This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
The Supreme Court unanimously dismissed Forthwell Ltd’s appeal against Pontegadea UK Ltd concerning damages for lost trading profits at the Rogano...
The Master of the Rolls and the Minister of State have approved the 197th Practice Direction update to the Civil Procedure Rules 1998 (CPR). It amends...
Public Law analysis: The High Court refused to strike out or summarily dismiss Bromcom’s unlawful means conspiracy claim alleging that Arbor’s...
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...
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
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
Causation and remoteness in tort and negligence claimsThis Practice Note considers the requirement for causation as part of establishing a viable claim in tort, including in negligence claims. It considers the aspects of factual causation: including the ‘but for’ test, evidencing it and its limits,
Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation)A claim for misrepresentation requires that the statement made must have been false. This is the ‘falsity’ requirement.Having established the falsity of a statement, however, the next question is whether that false
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