Tort, negligence and nuisance claims

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Practice notes
This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on...
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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 when damages are available as a remedy for a misrepresentation claim with reference to the Misrepresentation Act 1967 (MA...
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Produced in partnership with Charles Spragge of Druces 12th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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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
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...
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9th Nov
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...
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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...
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9th Nov
Practice notes
The general rule—no costs recoveryThe general rule is that where a court order does not make any provision as to costs the parties are not entitled to...
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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 considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...
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9th Nov
Practice notes
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects...
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9th Nov
Practice notes
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
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Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan
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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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan
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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9th Nov
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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9th Nov

Most recent Tort, negligence and nuisance claims content

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 11th May
Practice notes
The general principles applicable in negligence claims cases as to existence and standard of the duty of care, breach, causation and loss, can be...
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11th May
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 11th May
Q&As
This Q&A should be read in conjunction with Practice Note: Loss of chance damages.Loss of chance claims can be complex. For a summary of practical...
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28th Apr
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 Apr
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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21st Apr
Practice notes
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...
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Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 16th Apr
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 16th Apr
Practice notes
This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 15th Apr
Q&As
B may be able to claim against A under the Torts (Interference with Goods) Act 1977 (T(IG)A 1977).T(IG)A 1977, s 1 defines ‘wrongful interference with...
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9th Apr
Q&As
Laches is an equitable doctrine which, as a general rule, acts as an equitable bar to equitable claims (for example, in respect of claims for remedies...
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9th Apr
Q&As
The tort of conversionThe tort of conversion is concerned with cases where one person (D) has misappropriated goods belonging to another (C).It...
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9th Apr
Q&As
In the absence of any further information, it appears in this situation that A would be deemed a bona fide purchaser for value, see Practice Note:...
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9th Apr
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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9th Apr
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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9th Apr
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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9th Apr
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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8th Apr
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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8th Apr
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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Produced in partnership with Professor Richard A Buckley 8th Apr

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