Contractual breach and remedies

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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
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
Practice notes
This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...
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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
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
[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan
Practice notes
This Practice Note considers success fees, a form of fee, which may be payable as a consequence of a successful claim where that claim has been funded...
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9th Nov
Practice notes
What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...
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Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan
Practice notes
This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
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...
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9th Nov
Practice notes
BackgroundThe limitation period for an action founded on tort is six years from the date on which the cause of action accrued pursuant to section 2 of...
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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
Practice notes
As observed by Coulson J in Russell v Stone, ‘standstill agreements have become much more common than they ever used to be’ and yet, as that case...
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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 jurisdiction. 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

Most recent Contractual breach and remedies content

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...
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5th Feb
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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26th 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 26th Jan
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 26th 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 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
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 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
Q&As
‘Wrotham Park’ damagesDerived from the case of Wrotham Park Estate Co v Parkside Homes Ltd, ‘negotiating damages’ (or ‘licence fee’ damages as they...
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Produced in partnership with James Tunley of Lamb Chambers 8th Jan
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 8th Jan
Q&As
Judicial review is considered to be a remedy of last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

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