Effectively managing evidence is crucial for success in dispute resolution. This guidance empowers practitioners with insights on gathering, preserving, and presenting evidence strategically to strengthen their cases and achieve favourable outcomes. Disclosure procedures play a pivotal role in dispute resolution. Our expert advice helps practitioners navigate the intricacies of disclosure, ensuring compliance while leveraging information to their advantage throughout the litigation process.
The following Information Law news provides comprehensive and up to date legal information on Data by any other name—Court of Appeal reverses Upper Tribunal’s ruling on the protection of ‘personal data’ (DSG v ICO)
The following Arbitration news provides comprehensive and up to date legal information on Arbitration—restraining arbitration proceedings pending a removal application or procedural challenge (A v B & another)
The following Dispute Resolution news provides comprehensive and up to date legal information on Challenging the enforcement of foreign judgments—practice, procedure and the relevance of foreign law (Peterson v Republic of Argentina)
Foreign law disputes—non-compliance with CMC order risked loss of foreign law defence (Direct Investments Ltd (a company in receivership incorporated in the British Virgin Islands) v Mittal-Goenka)
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...
Who can sign a statement of truth in a defence where the defendant is a limited company? Can a director, whose directorship was terminated prior to signing the statement of truth, validly sign it and what is the effect of such a director signing the statement of truth in these circumstances?A
Disclosure—preserving documentsThis Practice Note sets out the obligations under Practice Direction 31B, para 7 which apply once litigation is contemplated in relation to the preservation of documents and the consequences and considerations in relation to specific aspects of disclosure such as
Pre-action disclosure—key considerations and casesThe purpose of pre-action disclosureAn applicant may ask a court to order that a potential defendant to civil proceedings should disclose to them (before proceedings have begun) documents likely to be in the potential defendant’s control that they
Disclosure Scheme—Initial DisclosureThis Practice Note considers the provision of Initial Disclosure with a party’s statement of case under the Disclosure Scheme in operation in the Business and Property Courts (B&PCs) under CPR PD 57AD. It considers what must be provided, the obligations on the
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