The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:
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the Pre-Action Protocols and, in the event that none of the specific Pre-Action Protocols apply, the Practice Direction—Pre-Action Conduct and Protocols (the Practice Direction) set out the conduct usually expected of parties prior to the issue of proceedings. In particular, an effective exchange of information is encouraged between the parties, with an important part of this process being the letter of claim, or letter before action, which a potential claimant should prepare and send to the potential defendant, setting out the details of their proposed claim. We are not, however, aware of there being any formal service requirements for such document. For further information, see Practice Notes: The pre-action protocols and when they apply and Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols.
the formal service requirements in Part 6 of the CPR only apply when seeking to serve the claim form or other court documen
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This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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