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: Senior Costs Judge Rowley, in his second judgment in this case, undertook an assessment of expert medical agency fees...
PI & Clinical Negligence analysis: When a party wants to rely on surveillance footage under CPR 32.1, the court will generally permit reliance on such...
Law360, London: BHP may avoid criminal contempt proceedings over allegations that it filed a case in Brazil to block English proceedings linked to the...
The Ministry of Justice (MoJ) has published a thematic report on digitalisation as part of the overarching HM Courts and Tribunals Service (HMCTS)...
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—amending a party name and substituting or adding (joinder) of partiesThis Practice Note considers the circumstances when a court may allow the parties to proceedings to be changed (in particular, a new party being added (joined) or substituted for another party) following a relevant
Limitation—fraud, deliberate concealment and mistakeThis Practice Note considers section 32 of the Limitation Act 1980 (LA 1980). In particular, it addresses how a court might apply this provision when considering the postponement of limitation periods in claims involving a fraud, deliberate
What is the limitation period for a breach of fiduciary duty claim? Does the period run from the date of breach or the date when the breach could reasonably have been discovered?Regarding limitation periods generally, see Practice Notes: Limitation—the principal limitation periods and Limitation Act
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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