Contractual breach and remedies

View Dispute Resolution by content type:

Latest Dispute Resolution News

Featured Dispute Resolution content

Practice notes
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...
Read More >
9th Nov
Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
Read More >
9th Nov
Practice notes
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
Read More >
Produced in partnership with K & L Gates 12th Jan
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...
Read More >
9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
Read More >
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 default judgment. For...
Read More >
9th Nov
Practice notes
This Practice Note sets out the considerations when seeking to file a defence.For guidance on drafting a defence, see Practice Notes: Drafting the...
Read More >
9th Nov
Precedents
[insert name and address of defendant or defendant'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 12th Jan
Practice notes
This Practice Note sets out the service provisions in relation to applying for or obtaining a charging order under CPR 73 and CPR PD 73.This Practice...
Read More >
9th Nov
Practice notes
Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see Coronavirus (Covid-19) considerations...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
Read More >
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...
Read More >
9th Nov
Practice notes
Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional...
Read More >
Produced in partnership with Alice Nash of Hailsham Chambers 12th Jan
Practice notes
Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...
Read More >
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...
Read More >
Produced in partnership with Charles Spragge of Druces 12th Jan

Most recent Contractual breach and remedies content

Q&As
In this Q&A we have limited our research to cover specific performance. We refer to specific performance where time for performance has passed. In...
Read More >
Produced in partnership with Jonathan Edwards of Radcliffe Chambers 11th Feb
Q&As
We have assumed for the purposes of this Q&A that there is a clause in a contract which allows party A to terminate and the situation where party B is...
Read More >
11th Feb
Q&As
A claim for loss of profits arising out of reputational harm can be a head of loss in a number of different actions. In defamation it is necessary for...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Feb
Q&As
Reliance lossesThe court may award reliance-based damages to put the innocent party in the position it would have been had they never entered into the...
Read More >
11th Feb
Q&As
When can you apply for specific performance of a contract?As explained in our Practice Note Equitable remedies in contractual disputes, specific...
Read More >
11th Feb
Q&As
In terms of any contractual breach and resultant claim, this will depend on a variety of factors including the identity of the parties to and terms of...
Read More >
11th Feb
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...
Read More >
11th Feb
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...
Read More >
11th Feb
Q&As
The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The...
Read More >
Produced in partnership with XXIV Old Buildings 11th Feb
Q&As
There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it must be expressly set out in the contract (ie...
Read More >
Produced in partnership with Richard Nicholas of Browne Jacobson 11th Feb
Q&As
Traders seeking to rely on force majeure provisions in their contracts with consumers for delays in performance caused by the coronavirus (COVID-19),...
Read More >
11th Feb
Q&As
What is the doctrine of frustration?If the contract does not include a force majeure clause or it does but the applicable force majeure event is not...
Read More >
11th Feb
Q&As
While a force majeure certificate from China could not bind the English courts in their determination of whether such an event had occurred for the...
Read More >
Produced in partnership with Richard Colbey of Lamb Chambers 11th Feb
Q&As
Claims involving dishonest conductDepending on the circumstances, you may wish to consider Practice Note: Civil fraud—frequently asked questions (FAQ)...
Read More >
9th Feb
Practice notes
The Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998, or the Act) creates rights for businesses (and organisations in the public...
Read More >
5th Feb

Popular documents