The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note has been archived and is not maintained.
STOP PRESS: This Practice Note is under review to consider the impact of the UK and the EU entering into the Withdrawal Agreement. The Withdrawal Agreement provides for a transition or implementation period commencing on 31 January 2020. For guidance on the implications for applicable law during this period, see Practice Note: Brexit implementation period—applicable law.
This Practice Note covers the situation at the end of the implementation period following the UK leaving the EU. During the implementation period that starts on exit day ie the day the UK leaves the EU, the provisions in the withdrawal agreement will apply. For guidance, on the implementation period and the impact of the withdrawal agreement on service, see Practice Note: Brexit implementation period—applicable law.
This Practice Note considers the effect of the UK leaving the EU without a deal on determining which law to apply when dealing with a dispute ie the applicable law (also known as governing law). The key UK regulation dealing with no deal Brexit and applicable law is The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc) (EU Exit) Regulations 2019, SI 2019/834 which amends two EU regulations dealing with applicable law so as to bring them within UK law. The two EU regulations are Regulation (EC) 593/2008, Rome I which applies
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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,
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
This practice note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort mean? And how does tort relate to contract and criminal law•how has the law of tort developed?•what is the scope of tort, ie what interests does it protect? What
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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