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The following Arbitration news provides comprehensive and up to date legal information on Disclosure of confidential arbitration documents to facilitate policing of an undertaking (Bourlakova & others v Edelweiss Investments Inv)
The following Dispute Resolution news provides comprehensive and up to date legal information on Fixed costs do not apply to wrongful interference with goods (Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police)
A consent order has the effect of a ‘judgment’ for the purposes of engaging the cost consequences in CPR 36.17 (Thomas v Secretary of State for the Home Department)
The following Dispute Resolution news provides comprehensive and up to date legal information on Costs recoverability following split-liability Part 36 offers (Smithstone v Tranmoor Primary School)
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...
Motions in Scottish civil litigationCivil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic
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
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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