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This week's edition of Dispute Resolution weekly highlights includes analysis of a number of key DR developments and judicial decisions, including the...
The Master of the Rolls, Sir Geoffrey Vos, delivered the John Lehane Memorial Lecture at the Supreme Court of New South Wales, addressing the...
Commercial analysis: The High Court held that only the contracting AFH entity could enforce post-termination restrictive covenants against a...
The Solicitors Regulation Authority (SRA) has published a warning notice directed at all solicitors and law firms under its regulation. The notice...
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...
Inhibition in Scottish civil litigationThis Practice Note considers the position regarding the diligence of inhibition in Scotland. For guidance on:•other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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