Achieving successful outcomes in Dispute Resolution often hinges on the effective enforcement of judgments and awards. Understanding the nuances of enforcement mechanisms is crucial for practitioners to ensure compliance and optimise client satisfaction. Advise your clients confidently with detailed, practical guidance on various enforcement processes, from asset tracing to initiating enforcement actions across different jurisdictions. Navigate complex procedures and utilise expert tips to maximise the enforceability of legal decisions, reinforcing your reputation as a dependable legal professional in the field of Dispute Resolution.
Dispute Resolution analysis: The High Court dismissed Nexans SA’s challenge to English jurisdiction over Intralinks Inc’s claim for unpaid virtual...
Restructuring & Insolvency analysis: The Supreme Court held that a final and conclusive foreign money judgment gives rise at common law to an...
The UK Supreme Court (UKSC) has announced amendments to its Practice Directions. The amendments include clarification of restrictions on appeals from...
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Applying to vary or discharge a charging orderNOTE: with effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) are renamed as the Civil National Business Centre (CNBC)—see: LNB News 14/08/2023 12—CCMCC issues name and performance
How do I instruct a High Court Enforcement Officer to take control of goods?This Practice Note, produced in conjunction with enforcement specialists, The Sheriffs Office, sets out how to instruct a High Court Enforcement Officer (HCEO) to execute a writ of control to enforce a court judgment by
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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