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.
The following Dispute Resolution news provides comprehensive and up to date legal information on Dispute Resolution weekly highlights—3 July 2025
The following Dispute Resolution news provides comprehensive and up to date legal information on Disclosure under PD 57AD (disclosure scheme)—guidance on extended disclosure applications (AmTrust v Endurance)
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...
Misrepresentation—damages as a remedyThis Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA 1967).For consideration of when the courts will rescind a contract for misrepresentation and when parties can
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
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
0330 161 1234