Contractual breach and remedies

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Practice notes
This Practice Note considers estoppel by representation and estoppel by convention. For general guidance on what an estoppel is and when it may be...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to...
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9th Nov
Practice notes
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...
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9th Nov
Practice notes
What is a wasted costs order?A wasted costs order is defined in CPR PD 46, para 5.1 as an order:•that a legal representative pay a sum in respect of...
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9th Nov
Practice notes
This Practice Note considers when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
Sanderson and Bullock orders—what are they?Sanderson and Bullock orders are co-defendant costs orders which may be appropriate in circumstances in...
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Produced in partnership with Nevil Phillips of Quadrant Chambers 12th Jan
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners in a number of areas covered in this...
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Produced in partnership with Robert Brodrick and Stephen Woodward of Payne Hicks Beach 12th Jan
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
Practice notes
Cause of action estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general...
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Produced in partnership with Jack Mitchell of Old Square Chambers 12th Jan
Practice notes
This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...
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9th Nov
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
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
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering security for costs. For...
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9th Nov
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
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9th Nov
Practice notes
This Practice Note considers the requirement for the representor both to have intended to and actually to have induced the representee, by their...
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Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent Contractual breach and remedies content

Practice notes
When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 19th Jan
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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18th Jan
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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18th Jan
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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18th Jan
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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18th Jan
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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18th Jan
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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18th Jan
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 18th Jan
Practice notes
This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 18th Jan
Practice notes
This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie...
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Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 18th Jan
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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18th Jan
Practice notes
This Practice Note considers what ‘negotiating damages’ (previously sometimes known as Wrotham Park damages) are, when they may be available as a...
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18th Jan
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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18th Jan
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 18th Jan
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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15th Jan
Practice notes
This Practice Note outlines when a claim for rectification may be appropriate, what you need to establish to succeed on such a claim and what evidence...
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15th Jan
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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15th Jan
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 15th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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15th Jan
Practice notes
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...
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15th Jan

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