Pre-action and limitation

Navigate the intricacies of dispute resolution with our expert guidance on pre-action and limitation considerations. Prepare robust pre-action tactics and comprehend the statutory deadlines that govern your case’s viability. Stay ahead with practical strategies and insights tailored specifically for dispute resolution specialists.

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Limitation Pre-action protocols Pre-action: general

Latest Dispute Resolution News

Unfair prejudice and breach of fiduciary duty (Saxon Woods Investments v Costa)

The following Dispute Resolution news provides comprehensive and up to date legal information on Unfair prejudice and breach of fiduciary duty (Saxon Woods Investments v Costa)

Court finds compelling justification to continue injunctions to prevent dangerous car-cruising against persons unknown (Birmingham CC and Wolverhampton CC and others v Persons Unknown)

Daughter entitled to sums for caring for her late mother prior to death (Rogers v Wills)

The following Dispute Resolution news provides comprehensive and up to date legal information on Daughter entitled to sums for caring for her late mother prior to death (Rogers v Wills)

Misuse of AI in court and the consequences (Ayinde v Haringey & Al-Haroun v Qatar National Bank)

The following Dispute Resolution news provides comprehensive and up to date legal information on Misuse of AI in court and the consequences (Ayinde v Haringey & Al-Haroun v Qatar National Bank)

Featured Dispute Resolution content

What is a tort?

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 claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...

Rescission of a contract

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 judicata

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...

Practice notes

Reserved judgments

Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...

30th May

Practice notes

Novation—why and how to novate a contract

Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...

Produced in partnership with Jon Chapman of Clarkslegal LLP

30th May

In-house

Practice notes

Void contracts

Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...

30th May

Practice notes

Negligence—when does a duty of care arise?

Negligence—when does a duty of care arise?This Practice Note considers the first question to ask when faced with a prospective claim in...

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

2nd Jun

Practice notes

Declaratory relief

Declaratory reliefThis Practice Note considers when, why and how you can apply to court for declaratory relief (a declaration from the court) and what...

2nd Jun

Practice notes

The different torts—property, people and animals

Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...

30th May

Practice notes

The application notice—form N244

The application notice—form N244This Practice Note provides guidance on completing the most common form of application notice, form N244.This Practice...

2nd Jun

Practice notes

Court etiquette

Court etiquetteThe most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake...

2nd Jun

Practice notes

Stay of civil proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

30th May

Practice notes

Promissory estoppel

Promissory estoppelFor guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see...

30th May

Practice notes

Grounds of appeal—appealing a finding of fact

Grounds of appeal—appealing a finding of factWhen will the court allow an appeal against a finding of fact?The appeal court will only allow an appeal...

2nd Jun

Practice notes

Restitution for unjust enrichment—elements of the claim

Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...

2nd Jun

In-house

Practice notes

Interest on judgment debts

Interest on judgment debtsThis Practice Note provides guidance on claiming interest on judgment debts.For information on claiming interest when...

2nd Jun

Practice notes

Misrepresentation—what statements will establish a claim?

Misrepresentation—what statements will establish a claim?This Practice Note considers the requirement for there to be a false statement of fact for an...

Produced in partnership with Harriet Campbell of Penningtons Manches Cooper

30th May

Practice notes

The tort of deceit

The tort of deceitDeceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently...

30th May

In-house

News

Dispute Resolution weekly highlights—14 March 2024

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2nd Jun

Most recent Pre-action and limitation content

Practice notes

Starting a claim for misuse of private information—a practical guide

Starting a claim for misuse of private information—a practical guideThis Practice Note considers how to start a claim for misuse of private...

20th Jun

Practice notes

Starting a UK GDPR compensation claim—a practical guide

Starting a UK GDPR compensation claim—a practical guideThis Practice Note provides guidance on pursuing a ‘UK GDPR claim’. This is with reference to...

20th Jun

Practice notes

In what circumstances can you assign a claim or cause of action?

In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted...

16th Jun

Practice notes

Limitation Act 1980—general application

Limitation Act 1980—general applicationIn this Practice Note, the Limitation Act 1980 is referred to as LA 1980.The function of limitation...

13th Jun

COVID-19

Practice notes

Limitation—fraud, deliberate concealment and mistake

Limitation—fraud, deliberate concealment and mistakeThis Practice Note considers section 32 of the Limitation Act 1980 (LA 1980). In particular, it...

13th Jun

Practice notes

Dispute resolution—data protection and GDPR considerations

Dispute resolution—data protection and GDPR considerationsOn 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note...

Produced in partnership with Miriam Everett (Global Head of Data and Privacy, Partner), Julian Copeman (Partner) and Hannah Brown (Associate) of Herbert Smith Freehills

13th Jun

Practice notes

The pre-action protocols and when they apply

The pre-action protocols and when they applyThis Practice Note details the pre-action protocols, referring to the Practice Direction Pre-Action...

13th Jun

Practice notes

Professional negligence claims—the pre-action protocol

Professional negligence claims—the pre-action protocolThis Practice Note sets out the position according to the Pre-Action Protocol for Professional...

Produced in partnership with Steven O'Sullivan

13th Jun

Practice notes

Limitation—amending a party name and substituting or adding (joinder) of parties

Limitation—amending a party name and substituting or adding (joinder) of partiesThis Practice Note considers the circumstances when a court may allow...

13th Jun

Practice notes

How to prepare a letter of claim

How to prepare a letter of claimThis Practice Note provides high-level guidance on how to prepare a letter of claim.For details of additional related...

13th Jun

Practice notes

Foreign Limitation Periods Act 1984

Foreign Limitation Periods Act 1984This Practice Note considers the application of the Foreign Limitation Periods Act 1984 (FLPA 1984). It discusses...

13th Jun

Practice notes

Non-compliance with pre-action provisions

Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction...

13th Jun

Practice notes

Part 36 offers—pre-action costs recovery

Part 36 offers—pre-action costs recoveryThis Practice Note provides information on pre-action costs recovery under Part 36, explaining when pre-action...

Produced in partnership with David Juckes of Hailsham Chambers

13th Jun

Practice notes

Pre-action protocol—possession claims by social landlords (including claims based on rent arrears)

Pre-action protocol—possession claims by social landlords (including claims based on rent arrears)This Practice Note sets out the scope and aims of...

13th Jun

Practice notes

Pre-Action Protocol for Housing Condition Cases (England)

Pre-Action Protocol for Housing Condition Cases (England)This Practice Note sets out the aims of the Pre-Action Protocol for Housing Condition Cases...

13th Jun

Practice notes

Pre-Action Protocol for Housing Disrepair Cases (Wales)

Pre-Action Protocol for Housing Disrepair Cases (Wales)This Practice Note sets out the aims of the Pre-Action Protocol for Housing Disrepair Cases...

13th Jun

Practice notes

Dilapidations claims at the end of the term

Dilapidations claims at the end of the termThis Practice Note sets out how damages for dilapidations are dealt with once a lease term has ended and...

13th Jun

Practice notes