Disputes and remedies

Disputes and remedies guidance:

This Practice Note considers hearings for interim injunctions. In particular, it provides guidance on the interpretation and application of the relevant provisions of the...

Practice Note

On notice applications Interim Injunctions are temporary court orders used to regulate the position between the parties before trial. For information on common types of...

Practice Note

ARCHIVED: This Practice Note has been archived and is for historical purposes only. To assist those looking to see the development of the application of proportionality...

Practice Note

Contract Where 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 •...

Practice Note

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages in a judicial review...

Practice Note

Interested parties In the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly affected by the claim'. A...

Practice Note

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of addressing the issues...

Practice Note

What is Judicial Review? Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. This...

Practice Note

[On the headed notepaper of the creditor’s solicitors] FAO [Insert name of debtor] [Name of debtor’s solicitors] [Address line 1] [Address line 2] [Postcode] [Date] Dear...

Precedents

Produced in partnership with Leigh Callaway of Fladgate LLP [Name of creditor’s solicitors firm] [Address line 1] [Address line 2] [Postcode] [Date] [Ref: [insert...

Precedents

The general rule At common law, there cannot be two agreements that cover the same ground. When a contract is completed by deed, insofar as they cover the same ground,...

Practice Note

This Practice Note considers when contractual obligations merge on completion of a property contract and remedies that may be available after completion. For contractual...

Practice Note

An important part of the process of buying or leasing a property is raising pre-contract enquiries. There are many scenarios where enquiries may need to be raised,...

Practice Note

In this Practice Note, the Limitation Act 1980 is referred to as LA 1980. The function of limitation periods Statutory limitation periods seek to regulate the balance...

Practice Note

In this Practice Note, the Limitation Act 1980 is referred to as LA 1980. General Generally, the limitation period for bringing a claim for breach of contract is: • six...

Practice Note

This Practice Note looks at the limitation period for professional negligence (prof neg) claims and explains how to determine the date of accrual in respect of claims in...

Practice Note

The principal limitation periods The following table includes the principal types of action and details the number of years within which such a claim can be brought under...

Practice Note

This Practice Note addresses the issues arising out of the Limitation Act 1980 (LA 1980) in relation to tort claims. It looks at limitation periods for actions founded on...

Practice Note

What is mediation? Mediation is one of the most recognised and common forms of alternative dispute resolution (ADR). It is a form of assisted ADR in the sense that there...

Practice Note

Confidentiality is particularly important in the context of mediation to enable parties to participate fully. Mediations are covered by two different levels of...

Practice Note

This Practice Note sets out what fraudulent, negligent and innocent misrepresentations and negligent misstatements are in a property context and the differences between...

Practice Note

This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and...

Practice Note

This Practice Note deals with the extent of a valuer’s liability to buyers, sellers and mortgagees for inaccurate valuations, including the margin of error permitted to...

Practice Note

This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant...

Practice Note

Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has...

Practice Note

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations. Time is generally not of the essence for completion...

Practice Note