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Regulating the use of automatic recognition technology (R (on the application of Bridges) v Chief Constable of South Wales Police)

The following Corporate Crime news provides comprehensive and up to date legal information on Regulating the use of automatic recognition technology (R (on the application of Bridges) v Chief Constable of South Wales Police)

Oral disclosures of personal information and the GDPR

The following Dispute Resolution news provides comprehensive and up to date legal information on Oral disclosures of personal information and the GDPR

Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

The following Dispute Resolution news provides comprehensive and up to date legal information on Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

The following Commercial news provides comprehensive and up to date legal information on Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

Featured Dispute Resolution content

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...

Forming enforceable contracts—intention to create legal relations

An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for...

Contractual damages—pecuniary losses

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

Practice notes

Stay of proceedings—when can you apply to stay a claim?

This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...

9th Nov

Practice notes

CPR Part 8 claims (alternative procedure for claims)

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

Committal proceedings—sentencing [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note is for historical reference only as it refers to CPR 81 as it...

Produced in partnership with Richard Shepherd of Albion Chambers 12th Jan

Practice notes

Negligence—when does a duty of care arise?

This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...

Produced in partnership with Professor Richard A Buckley 12th Jan

Practice notes

Claim for subrogation—a restitutionary remedy

What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...

9th Nov

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 12th Jan

Practice notes

Mediation—advantages and disadvantages

What is mediation?Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR).It is a form of assisted ADR in the...

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

Practice notes

Defences to Tort Claims

Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a...

Produced in partnership with Aileen McErlean of Hardwicke Chambers 12th Jan

In-house

Practice notes

Detailed assessment—default costs certificate

The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8).What is a default costs certificate?A...

9th Nov

Practice notes

Disclosure by a non-party—Rule 31.17

This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the...

9th Nov

Practice notes

Restitution for unjust enrichment—elements of the claim

What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...

9th Nov

In-house

Practice notes

Model ADR clauses

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...

9th Nov

Precedents

Drafting note for application notice to extend time for filing the defence

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...

9th Nov

COVID-19

Practice notes

Contract interpretation—terms implied by custom and usage

Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually...

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 Corporate disputes content

Practice notes

Fiduciary Duties

Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some...

19th Jan

Practice notes

Majority-minority joint venture dispute—a practical illustration

This Practice Note identifies the key factors you should consider when advising a client where an issue or potential dispute has arisen in the...

Produced in partnership with John Gilbert at Bracewell 18th Jan

Practice notes

Joint venture disputes—how to respond

This Practice Note identifies the key practical considerations when faced with a potential joint venture (JV) dispute. It is relevant to all forms of...

Produced in partnership with John Gilbert at Bracewell 18th Jan

Practice notes

Just and equitable winding-up—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan

Practice notes

Derivative claim—what it is and when to use it

A guide to specific terminology used in this Practice Note is provided—see below.What is a derivative claim?A derivative claim (or derivative action)...

Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan

Practice notes

Reflective loss—key and illustrative decisions

This Practice Note summarises a number of key and/or illustrative cases relevant to the rule against reflective loss.For further guidance on the...

18th Jan

Practice notes

Corporate joint venture dispute—dealing with deadlock: initial considerations

This Practice Note identifies, from a practical perspective, the initial factors to consider where an irreconcilable conflict arises between parties...

Produced in partnership with John Gilbert at Bracewell 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

Reflective loss

This Practice Note considers the scope of the reflective loss rule. It addresses the background to and implications of the rule against reflective...

18th Jan

Practice notes

Unfair prejudice petition—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan

Practice notes

Just and equitable winding-up—what it is and when to use it

A guide to specific terminology used in this Practice Note is provided—see below section titled ‘Key terms encountered when applying for a winding-up...

Produced in partnership with Mark Hubbard of New Square Chambers 18th Jan

Practice notes

Resolving derivatives disputes—key cases

This Practice Note sets out certain key cases and associated analysis relevant to derivatives practitioners. The cases are divided by topic area and...

17th Jan

Practice notes

Dispute resolution and derivatives

The nature, main types and main uses of financial derivatives are summarised in Practice Notes: The nature of financial derivatives and Types of...

Produced in partnership with Chris Webber of Squire Patton Boggs 17th Jan

Practice notes

Unfair prejudice petitions—key and illustrative decisions

This Practice Note summarises a number of key and/or illustrative cases relevant to an unfair prejudice claim or petition. It is intended to provide a...

15th Jan

Practice notes

Claims against directors—key considerations for dispute resolution practitioners

This Practice Note outlines some of the key considerations when dealing with claims concerning company directors. It addresses the definition of a...

15th Jan

Practice notes

Derivative claim—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 15th Jan

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 15th Jan

Practice notes

Auditors and liability limitation agreements

There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008,...

14th Jan

Practice notes

An auditor’s liability and its limits

There are statutory provisions relating to the liability of an auditor of a company and the limits that may be placed upon it. Prior to 6 April 2008,...

14th Jan

Q&As