Contractual breach and remedies

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Fresh evidence of fraud after trial—what is the right approach? (Dale v Banga)

The following Dispute Resolution news provides comprehensive and up to date legal information on Fresh evidence of fraud after trial—what is the right approach? (Dale v Banga)

Does a Tomlin order provide ‘credit’ under the Consumer Credit Act 1974? (Gertner v CFL Finance)

The following Banking & Finance news provides comprehensive and up to date legal information on Does a Tomlin order provide ‘credit’ under the Consumer Credit Act 1974? (Gertner v CFL Finance)

Coronavirus (COVID-19)—Foreign Process Section’s availability update

The following Dispute Resolution news provides comprehensive and up to date legal information on Coronavirus (COVID-19)—Foreign Process Section’s availability update

UK data adequacy decisions due to receive EDPB opinion in mid-April

The following Commercial news provides comprehensive and up to date legal information on UK data adequacy decisions due to receive EDPB opinion in mid-April

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Tomlin orders

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR...

Tort—the different types of tort

This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...

Third party rights—the common law doctrine of privity of contract

This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...

Forum non conveniens—scope and application

This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...

Practice notes

The tort of deceit

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...

9th Nov

In-house

Practice notes

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

9th Nov

Practice notes

Part 18 requests for further information (CPR 18)

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...

9th Nov

In-house

Practice notes

Expert reports

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Case management—court's powers—Dispute Resolution

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Practice notes

Conditional fee agreements—success fees

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...

9th Nov

In-house

Practice notes

Unfair prejudice petition—what it is and when to use it

What is an unfair prejudice claim (a section 994 petition)?An unfair prejudice petition is a statutory remedy available to shareholders of a company...

Produced in partnership with Mark Hubbard of New Square Chambers 12th Jan

Practice notes

Fixed costs—fast track trial costs

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...

9th Nov

Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...

9th Nov

Practice notes

Charging orders—who serves interim and final charging orders?

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...

9th Nov

Practice notes

Limitation—latent damage

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...

9th Nov

Practice notes

Disclosure—preparing the list of documents

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Standstill agreements to suspend or extend limitation

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...

9th Nov

COVID-19

In-house

Practice notes

Jurisdiction—determining an individual’s domicile

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering jurisdiction. For...

9th Nov

Practice notes

Mediation—confidentiality and privilege

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different...

9th Nov

In-house

Most recent Contractual breach and remedies content

Practice notes

Late Payment of Commercial Debts (Interest) Act 1998

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...

5th Feb

In-house

Practice notes

Starting a breach of contract claim—a practical guide

Scope of this Practice NoteThis Practice Note on contract breach claims provides practical guidance and tips when bringing a claim for breach of...

26th Jan

Practice notes

Contractual damages—general principles

This Practice Note considers the general principles of recovering damages for contractual breach, starting with the compensatory function of damages...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 26th Jan

In-house

Practice notes

Causation and remoteness in contractual breach claims

When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 26th Jan

In-house

Precedents

Defence and counterclaim (civil claim generic)

Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...

18th Jan

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 [insert location]]][Specify...

18th Jan

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 [insert location]]][Specify...

18th Jan

Practice notes

Limitation—contract claims

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...

18th Jan

In-house

Practice notes

The remedy of damages—general principles

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...

18th Jan

Practice notes

Contract interpretation—distinguishing between liquidated damages and penalty clauses

Liquidated damages v penalties—when does the issue arise?Parties will sometimes seek to agree in their contract what sums should be payable upon...

18th Jan

In-house

Practice notes

Loss of chance damages

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...

Produced in partnership with Anneliese Day QC and Christopher Knowles of Fountain Court Chambers 18th Jan

Practice notes

Contractual damages—non-pecuniary losses

This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie...

Produced in partnership with Zainab Hodgson and Kavidha Clare of CMS 18th Jan

Practice notes

Starting an SPA breach of warranty claim—a practical guide

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)...

18th Jan

Practice notes

Negotiating damages for contractual breach

This Practice Note considers what ‘negotiating damages’ (previously sometimes known as Wrotham Park damages) are, when they may be available as a...

18th Jan

Practice notes

Claims for rectification

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...

15th Jan

Practice notes

Bailment

This Practice Note provides an introduction to bailment, which is a large and complex topic.This Practice Note provides a working definition of...

Produced in partnership with Quentin Tannock of 4 Pump Court 15th Jan

Q&As

Where a seller is bringing proceedings against a supplier for faulty goods and anticipates further action from buyers in the future, should the seller seek a declaratory judgment for further proceedings for stock sold as well as damages for unsold stock?

We have assumed that the contract between A and B is a business-to-business contract.Initial claim between A and BB’s claim against A in respect of...

11th Jan

Q&As

What impact did the findings in Marathon v Seddon have on awards of ‘Wrotham Park’ damages? Are ‘Wrotham Park’ (or negotiating) damages regularly awarded?

‘Wrotham Park’ damagesDerived from the case of Wrotham Park Estate Co v Parkside Homes Ltd, ‘negotiating damages’ (or ‘licence fee’ damages as they...

Produced in partnership with James Tunley of Lamb Chambers 8th Jan

Practice notes

Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...

Produced in partnership with Zainab Hodgson of CMS 8th Jan

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 last resort. Accordingly, the Administrative Court will not normally entertain a claim for judicial...

Produced in partnership with Jamas Hodivala of Matrix Chambers 8th Jan

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Contractual breach and remedies

View Dispute Resolution by content type:

Latest Dispute Resolution News

Fresh evidence of fraud after trial—what is the right approach? (Dale v Banga)

Does a Tomlin order provide ‘credit’ under the Consumer Credit Act 1974? (Gertner v CFL Finance)

Coronavirus (COVID-19)—Foreign Process Section’s availability update

UK data adequacy decisions due to receive EDPB opinion in mid-April

Featured Dispute Resolution content

Tomlin orders

Tort—the different types of tort

Third party rights—the common law doctrine of privity of contract

Forum non conveniens—scope and application

Most recent Contractual breach and remedies content

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Transferred malice

Constructive trusts

Skeleton arguments

Promissory estoppel

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