Dispute Resolution analysis: In refusing a retrospective extension of time for filing of a respondent’s notice of appeal, Sweeney J has confirmed that the principles in CPR 3.9 on relief from sanctions as enunciated in Denton will be applied by the court. The respondent was debarred from relying at the appeal hearing on any matters which should have been included in the respondent’s notice. This decision is of interest to practitioners advising a respondent in receipt of an appeal notice.
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
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Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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