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The following Dispute Resolution news provides comprehensive and up to date legal information on Minutes of the CPR Committee meeting—4 April 2025
The following Dispute Resolution news provides comprehensive and up to date legal information on Minutes of the OPR Committee meeting—14 April 2025
The following PI & Clinical Negligence news provides comprehensive and up to date legal information on Materiality is still material (Butler v Ward)
The following Arbitration news provides comprehensive and up to date legal information on Exclusive jurisdiction clause in settlement agreement takes precedence over prior arbitration clause, rules English Court (Destin Trading Inc v Saipem SA)
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...
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Tort—the different types of tortThis Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related...
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
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
Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))Under CPR 3.4(2)(a), the court may strike out a statement of case if it appears to the court ‘that the statement of case discloses no reasonable grounds for bringing or defending the claim’.It is evident from this
Strike out—after a strike out order has been madeWhat happens after a strike out order has been made?CPR PD 3A, para 1.6 provides that where a rule, practice direction or order states ‘shall be struck out or dismissed’ or ‘will be struck out or dismissed’ this means that the striking out or
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