Tort, negligence and nuisance claims

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Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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23rd Oct
Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when determining whether a claim form...
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21st Oct
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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20th Oct
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 1st Oct
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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30th Sep
Practice notes
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...
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28th Sep
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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26th Sep
Practice notes
This Practice Note looks at loss of privilege in civil litigation in the context of legal professional privilege (LPP) and in particular considers the...
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26th Sep
Practice notes
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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26th Sep
Practice notes
This Practice Note is a useful guide when considering whether you can amend a claim form, amend a defence or amend a different form of...
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25th Sep
Practice notes
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which...
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25th Sep
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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25th Sep
Practice notes
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in...
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25th Sep
Practice notes
This Practice Note considers the general principles, meaning and rationale behind privilege. It identifies the different types of privilege, including...
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25th Sep
Practice notes
What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party...
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25th Sep
Practice notes
The principal limitation periodsThe following table includes the principal types of action and details the number of years within which such a claim...
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25th Sep

Most recent Tort, negligence and nuisance claims content

Practice notes
Negligence—what are the key ingredients to establish a claim in negligence?For liability in negligence to be founded, four key ingredients must be...
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25th Sep
Practice notes
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise...
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25th Sep
Practice notes
In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in...
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25th Sep
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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25th Sep
Practice notes
This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods...
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25th Sep
Practice notes
Noise is one of the categories of statutory nuisance. Noise nuisance covered by statute includes:•noise in the street from vehicles, equipment,...
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25th Sep
Practice notes
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
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26th Sep
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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26th Sep
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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26th Sep
Practice notes
In most torts, where a defendant breaches its duty towards the claimant, it is only liable if the claimant can establish that the breach in question...
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26th Sep
Practice notes
This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in...
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26th Sep
Practice notes
The number of claims against banks continues apace. This Practice Note focuses on specific issues arising in respect of the tortious duty of care owed...
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26th Sep
Practice notes
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...
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26th Sep
Practice notes
Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...
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26th Sep
Practice notes
This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in...
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26th Sep
Q&As
It is worth beginning any analysis of the problem posited by this question by establishing the potential causes of action that might be open to party...
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Produced in partnership with Christopher Snell of New Square Chambers 28th Sep
Q&As
In answering this Q&A, we assume you are referring to a business to business transaction for the hire of goods which have not been supplied fit for...
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28th Sep
Q&As
For further guidance on a claim under Fraud Act 2006 (FrA 2006), see Practice Note: Fraud by false representation.Untrue warranty scenarioThis...
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28th Sep

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