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.
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including...
Law360, London: The US-Israel conflict with Iran may give rise to complex commercial disputes in England similar to those following the coronavirus...
The Ministry of Justice’s report, Harnessing English Law for Economic Growth with purpose, presents arbitration and the resolution of cross-border...
Dispute Resolution analysis: Senior Costs Judge Rowley, in his second judgment in this case, undertook an assessment of expert medical agency fees...
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...
Privilege—joint and common interest privilegeThis Practice Note considers the concepts of joint privilege and common interest privilege, including where they are relevant, how they arise, their key features, how they operate, examples and how they can be waived.The interest in privileged documents
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
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