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.
PI & Clinical Negligence analysis: The Court of Appeal considered an appeal by the Ministry of Defence (MoD), against a first instance decision...
Dispute Resolution analysis: The High Court has addressed an apparently undecided question—when does time begin to run where a claimant is induced by...
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions,...
Information Law analysis: In Vince v Associated Newspapers Ltd, the Court of Appeal held that the Daily Mail's juxtaposition of a claimant's...
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—tort claimsThis Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on tort, with particular focus on joint tortfeasors, concurrent duties between contract and tort claims,
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
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
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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