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The following Dispute Resolution news provides comprehensive and up to date legal information on Litigation-Funding dispute resumes amid uncertain future
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...
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
Strike out for abuse of process (civil) (CPR 3.4(2)(b))Strike out for abuse of process–basis of applicationUnder CPR 3.4(2)(b), the court may strike out a statement of case if it appears to the court ‘that the statement of case is an abuse of the court's process or is otherwise likely to obstruct
Summary judgment—relevant factors and examplesThe Practice Notes:•Summary judgment—principles of approach•Summary judgment—no real prospect of success•Summary judgment—no other compelling reason for a trialset out the general approach to summary judgment applications and the two separate limbs for
Summary judgment—no real prospect of successAmendments to CPR Part 24 and CPR PD 24—1 October 2023Practitioners should note that the CPR provisions relevant to summary judgment were amended with effect from 1 October 2023. CPR Part 24 was substituted and CPR PD 24 was revoked. The changes
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