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.
Dispute Resolution analysis: The High Court held that an insurer’s pre-action admission of liability made through its loss adjusters in 2022 bound the...
PI & Clinical Negligence analysis: In BS (a child proceeding by his mother and litigation friend) v Greene King Brewing and Retailing Ltd, Oxford...
Arbitration analysis: The High Court refused Clyde & Co LLP’s application under section 37 of the Senior Courts Act 1981 for an anti-suit injunction...
Dispute Resolution analysis: The High Court varied, but refused to discharge, an imaging order obtained against a departing employee alleged to have...
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...
Limitation—extensions of time under the Limitation Act 1980This Practice Note considers the different ways in which limitation periods may be postponed and/or extended pursuant to Part II of the Limitation Act 1980 (LA 1980).Extension or exclusion of time limitsPart II of the LA 1980, ss 28-34
After a letter of claim is sent, is there a time limit (apart from the 30-day limit) on when to issue a claim under the Pre-Action Protocol for Debt Claims? If a letter of claim was sent a year ago, is an updated letter of claim required, or can the claim be issued?We have assumed that It is assumed
Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction Pre-Action Conduct and Protocols may result in a party being sanctioned and what those sanctions might be.For more general guidance on the extent to which
In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation.For guidance on how to assign a claim or cause of action, with particular consideration
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