Contractual breach and remedies

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
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...
Read More >
Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
Read More >
19th May
Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
Read More >
19th May
Practice notes
Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
Read More >
19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
Read More >
19th May
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
Read More >
Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
Read More >
19th May
Precedents
[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
Read More >
Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
Read More >
19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
Read More >
19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
Read More >
19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
Read More >
19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
Read More >
19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
Read More >
19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
Read More >
19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
Read More >
19th May

Most recent Contractual breach and remedies content

Q&As
What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...
Read More >
Produced in partnership with Jamas Hodivala of Matrix Chambers 17th Sep
Practice notes
Contract disputes—key and illustrative decisionsNOTE: due to length of this Practice Note it is adviseable not to print the Practice Note but to use...
Read More >
16th Sep
Practice notes
Contract interpretation—distinguishing between liquidated damages and penalty clausesLiquidated damages v penalties—when does the issue arise?Parties...
Read More >
16th Sep
Precedents
Particulars of claim—contractual debt claimClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...
Read More >
15th Sep
Precedents
Defence (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Read More >
15th Sep
Precedents
Particulars of claim—breach of contractClaim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES...
Read More >
15th Sep
Precedents
Defence and counterclaim (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND...
Read More >
15th Sep
Precedents
Reply (civil claim generic)Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Read More >
15th Sep
Q&As
Can I rely on ‘Certificates of Force Majeure’ issued by the Chinese government confirming that coronavirus (COVID-19) is force majeure as a force...
Read More >
Produced in partnership with Richard Colbey of Lamb Chambers 15th Sep
Q&As
How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
Read More >
Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
Read More >
15th Sep
Practice notes
Contractual damages—general principlesThis Practice Note considers the general principles of recovering damages for contractual breach, starting with...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th Sep
Practice notes
Causation and remoteness in contractual breach claimsWhen considering a claim for damages (see Practice Note: Contractual damages—general principles...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th Sep
Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
Read More >
Produced in partnership with Zainab Hodgson of CMS 15th Sep
Practice notes
Limitation—contract claimsIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.GeneralGenerally, the limitation period for...
Read More >
15th Sep
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...
Read More >
15th Sep
Practice notes
Mitigation in contractual breach claimsWhen is mitigation in contract claims relevant to consider?Even where causation and remoteness have been...
Read More >
Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 15th Sep
Practice notes
Starting an SPA breach of warranty claim—a practical guideThis Practice Note considers how to pursue a breach of warranty claim in the context of...
Read More >
13th Sep
Q&As
A is in administration and owes a sum to B. B owes a sum to A. What steps can B take?In this Q&A, we have assumed that B’s claim is smaller than...
Read More >
13th Sep

Popular documents