Torts Notice meaning

In this issue: Key DR developments Claims and remedies Cross-border disputes Injunctions Litigation Evidence and disclosure New content Dates for your diary Useful information LexTalk® Dispute Resolution: a Lexis®Nexis community Daily and weekly news alerts Key DR developments Hague Judgments Convention—in force for the UK The Convention took effect in the UK this week, on Tuesday, 1 July 2025. It sets out a framework for recognising and enforcing judgments between contracting states where it operates. However, enforcement routes are not instantly available because Article 16’s transitional provision confines applicability to matters where the proceedings that led to the judgment were commenced after entry into force. It must also have been operative in both the enforcing state and the UK at the point UK proceedings began; it does not apply retrospectively. For further detail, see: LNB News 02/07/2025 11—HCCH announces 2019 Judgments Convention to enter force in UK. For guidance on the Convention’s...

Statutory balloting and notice requirements This Practice Note sets out the statutory balloting and notice rules a trade union must meet to obtain immunity from tortious liability for industrial action (such as a strike or action short of a strike) the appointment of a suitably qualified, independent scrutineer for ballots requirements for voting papers electronic balloting (e-balloting) ballot turnout and support thresholds the obligation to notify members of the outcome It also addresses balloting obligations following the Employment Rights Act 2025 (ERA 2025), effective from 18 February 2026, and, in light of international labour standards and ILO Convention 87, sets out the requirements for calling industrial action and the notices unions must serve on employers to retain statutory immunity At common law, industrial action is generally unlawful. A union that organises such action will typically commit one or more of the so‑called ‘economic’ or ‘industrial’ torts. Participants will often be in breach of their contracts of employment. Statute...

ARCHIVED : A persistent challenge for dispute resolution specialists is staying abreast of developments in case law that influence their practice area, or affect civil litigation procedure more generally. This Practice Note distils the principal appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, selected judgments of the Court of Justice of the European Union (Court of Justice)) that we have covered, giving users straightforward access to those rulings; see: Key civil litigation appeals in review—2021. You can navigate this material via the table of contents on the left-hand side, or search the tracker using [CTRL]+[F]. The Practice Note also highlights a number of forthcoming appeals, where identified, to support horizon scanning. It is not designed to be a comprehensive catalogue of every appeal and/or significant ruling of interest to dispute resolution practitioners. Note: regarding anonymity of natural parties where a request for a preliminary ruling is made to the Court of Justice, guidance from the Court of Justice...

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles principal appellate cases (ie rulings of the Court of Appeal and the Supreme Court and, where applicable, selected judgments of the Court of Justice of the EU (CJEU)) that we have covered, to make it simpler for users to locate those decisions. You can navigate the material via the collapsible table of contents on the left-hand margin and/or by using the hyperlinks listed below. The cases are arranged under these headings: Key DR Developments Brexit Applicable law Rome I Jurisdiction Jurisdiction and choice of court agreements Stays and disputing the court’s jurisdiction Brussels I (EC regulation) Brussels I (recast) (EU regulation) Service Service in the jurisdiction Service...

Taking back possession of a garage When a landlord has rented out a dwelling, for example a house or flat, they cannot lawfully regain possession of the property while the tenant remains in residence except by initiating court proceedings. This requirement, in such circumstances, is expressly imposed by sections 2 and 3 of the Protection from Eviction Act 1977 (PEA 1977)...

Where a lease is silent, items left at the premises after expiry of the term remain owned by the tenant (or any other third-party owner). The landlord, as a result, becomes an involuntary bailee of those items. This can create difficulties for a landlord aiming to clear the space for re-letting or another purpose, and may involve additional expense. In particular, the landlord: cannot take or dispose of the items, and must act in a manner that is right and reasonable may face liability in conversion, or for wrongful interference with goods, if the items are sold, damaged or discarded These exposures can be managed by using the procedures in the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), either by serving notice or asking the court for permission to sell the items. Serving notice is the route more often used in day-to-day practice in most cases overall...