Resolving a dispute through a civil claim
Subsection
Topics
- ↗ Unfair contract terms
- ↗ Guarantees
- ↗ Principles of vicarious liability
- ↗ Duress and undue influence
- ↗ Core principles of tort
- ↗ Case management
- ↗ Permission
- ↗ Legal requirements for a claim under the Occupiers’ Liability Act 1957 (in relation to visitors) and the Occupiers’ Liability Act 1984 (in relation to non-visitors)
- ↗ Interim injunctions
- ↗ The overriding objective
- ↗ Track allocation
- ↗ Termination
- ↗ Negligence
- ↗ Case management directions for cases proceeding on the fast, intermediate, or multi-tracks
- ↗ Non-compliance with orders, sanctions, and relief
- ↗ Costs and case management conferences
- ↗ Evidence
- ↗ Relevance, hearsay, and admissibility
- ↗ The burden and standard of proof
- ↗ Expert evidence - Opinion evidence
- ↗ Duties of experts
- ↗ Single joint experts
- ↗ Discussion between experts
- ↗ Parties
- ↗ Privity of contract
- ↗ Rights of third parties
- ↗ Contract terms
- ↗ Express terms
- ↗ Incorporation of terms
- ↗ Preliminary considerations: limitation, pre-action protocols
- ↗ Parties and causes of action
- ↗ Destination of appeals
- ↗ Grounds for appeals
- ↗ Enforcement of money judgments
- ↗ Oral examination
- ↗ Methods of enforcement
- ↗ Core principles of contract law
- ↗ Formation
- ↗ Offer and acceptance
- ↗ Consideration
- ↗ Intention to create legal relations
- ↗ Certainty
- ↗ Capacity
- ↗ Terms implied by common law and statute
- ↗ Remoteness and loss
- ↗ Exemption clauses
- ↗ The interpretation of contract terms (conditions, warranties, and innominate terms)
- ↗ Variation
- ↗ Vitiating factors
- ↗ Misrepresentation
- ↗ Mistake
- ↗ Illegality
- ↗ Breach
- ↗ Remedies
- ↗ Damages
- ↗ Liquidated sums and penalties
- ↗ Injunctions
- ↗ Indemnities
- ↗ Causation and remoteness
- ↗ Duty of care (standard (general and professional)) and breach
- ↗ Causation (single and multiple)
- ↗ Claims for pure economic loss arising from either a negligent act or misstatement
- ↗ Claims for psychiatric harm
- ↗ Employers’ primary liability (operation and effect of the common law principles)
- ↗ Defences
- ↗ Illegality
- ↗ Occupiers’ Liability
- ↗ Defences
- ↗ Exclusion of liability
- ↗ Product liability
- ↗ Expiry or other specified event
- ↗ Principles of remedies for personal injury and death claims
- ↗ Principles in negligence
- ↗ Principles of the Consumer Protection Act 1987
- ↗ Nuisance
- ↗ Public and private nuisance
- ↗ The rule in Rylands v Fletcher
- ↗ Remedies (damages and injunctions) and defences
- ↗ Frustration
- ↗ Principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow their terms
- ↗ Where to start proceedings
- ↗ Procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction
- ↗ Entering and setting aside judgment in default
- ↗ Issuing a claim form
- ↗ Calculating limitation periods for claims in contract and tort
- ↗ Statements of case
- ↗ Jurisdiction of the specialist courts
- ↗ Basic principles of restitution and unjust enrichment in the context of termination of contract
- ↗ Volenti non fit injuria
- ↗ Issuing and serving proceedings
- ↗ Adding, removing, or substituting parties
- ↗ Deemed dates of service and time limits for serving proceedings
- ↗ Service by an alternative method
- ↗ Responding to a claim
- ↗ Admitting the claim
- ↗ Purpose, structure, and content of a claim form, particulars of claim, or defence relating to a claim in contract or tort
- ↗ Discontinuance and settlement
- ↗ Time limits for responding to a claim
- ↗ Requests for further information about statements of case
- ↗ Purpose, structure, and content of a reply, Part 20 claim, or defence to Part 20 claim
- ↗ Amendments
- ↗ Interim applications
- ↗ Procedure for making an application
- ↗ Specific performance
- ↗ Summary judgment
- ↗ Duty to mitigate
- ↗ Contributory negligence
- ↗ Witness evidence - Witness statements
- ↗ Affidavits
- ↗ Disclosure and inspection
- ↗ Orders for disclosure
- ↗ Standard disclosure
- ↗ Specific disclosure
- ↗ Waiver of privilege
- ↗ Trial
- ↗ Pre-action and non-party disclosure
- ↗ Electronic disclosure
- ↗ Privilege and without prejudice communications
- ↗ Summoning witnesses
- ↗ Preparations for trial - Purpose of pre-trial checklists (listing questionnaires) and hearings
- ↗ Purpose of trial bundles
- ↗ Costs management and budgeting
- ↗ Trial procedure
- ↗ Inter-partes costs orders (interim and final)
- ↗ The nature and effect of judgment
- ↗ Costs
- ↗ Non-party costs
- ↗ Part 36 and other offers
- ↗ Security for costs
- ↗ Fixed and assessed costs
- ↗ Appeals
- ↗ Purpose, procedure, and evidence required for particular applications
- ↗ Applicable law: mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales
- ↗ Allocation of business between the High Court and the County Court
- ↗ Service of a claim form within the jurisdiction
- ↗ Disputing the court’s jurisdiction
- ↗ Acknowledging service and filing a defence and/or counterclaim
- ↗ Practice Direction – Pre-action conduct
- ↗ Interim payments