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The following Arbitration news provides comprehensive and up to date legal information on Limits of court assistance under sections 43–44 Arbitration Act 1996 (VXJ v FY, RH & XL)
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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...
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
Setting aside default judgment—mandatory grounds (CPR 13.2)If default judgment is wrongly entered against a defendant the court must set that judgment aside. CPR 13.2 sets out mandatory grounds for setting aside a default judgment—if these grounds are present the court has no discretion and must set
Setting aside default judgment—making the applicationThis Practice Note provides practical guidance on making an application to set aside a judgment entered against a defendant who failed to file an acknowledgment of service or a defence (known as a default judgment or judgment in default).For
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))Under CPR 3.4(2)(c), the court may strike out a statement of case if it appears to the court that there has been a failure to comply with a rule, practice direction or court order.It is evident from this that an
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