Contractual breach and remedies

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Precedents
Before making an applicationDetermine when the defence is due to be filed. Any application to extend time should be made prior to that time period...
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9th Nov
Practice notes
This Practice Note looks at the admissibility of expert evidence under CPR Part 35 and the Civil Evidence Act 1972 (CEA 1972). In particular, it...
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9th Nov
Practice notes
Coronavirus (COVID-19): if serving documents outside the jurisdiction, this may be affected by the impact of coronoavirus on the availability of both...
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Produced in partnership with Camilla McPherson 12th Jan
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for public access to documents. For guidance, see:...
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9th Nov
Practice notes
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For...
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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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9th Nov
Practice notes
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually...
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9th Nov
Practice notes
This Practice Note explains the indemnity principle as applied when seeking to recover costs in proceedings. The principle sets out the extent of a...
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9th Nov
Practice notes
What is merger in judgment and its relationship with res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...
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9th Nov
Practice notes
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Contractual breach and remedies content

Practice notes
Claims for rectificationThis Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a...
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12th May
Practice notes
NOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use ctrl+f to search its contents.The general...
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11th May
Practice notes
This Practice Note considers in detail when damages for loss of a chance (loss of an opportunity damages) may be recoverable, with reference to the...
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Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 11th May
Practice notes
Scope of this Practice NoteThis Practice Note on contract breach claims provides practical guidance and tips when bringing a claim for breach of...
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10th May
Practice notes
This Practice Note considers key issues in IT disputes (ie legal disputes which have an IT element), focusing particularly on issues that commonly...
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29th Apr
Q&As
This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of chance claims can be complex. For a summary of practical...
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28th Apr
Practice notes
This Practice Note considers how to pursue a breach of warranty claim in the context of warranties provided in a sale and purchase agreement (SPA)...
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26th Apr
Practice notes
This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 26th Apr
Practice notes
Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...
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23rd Apr
Practice notes
This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in...
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21st Apr
Practice notes
This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. It provides guidance on the common law and...
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20th Apr
Practice notes
This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...
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Produced in partnership with Quentin Tannock of 4 Pump Court 16th Apr
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 15th Apr
Practice notes
In this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for bringing a claim for breach of...
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12th Apr
Q&As
In the absence of any further information, it appears in this situation that A would be deemed a bona fide purchaser for value, see Practice Note:...
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9th Apr
Practice notes
Jurisdictions coveredThe following jurisdictions are covered in this report:Armenia; Australia; Canada; Germany; Japan; Mexico; Spain; Switzerland;...
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9th Apr
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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9th Apr
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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9th Apr

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