Jurisdiction(s):
United Kingdom

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Key definition

Dispute resolution definition

What does Dispute resolution mean? Dispute resolution describes the processes used by lawyers and clients to resolve legal disagreements—by agreement, determination or adjudication—inside or outside court. It is a descriptive, cross‑practice term rather than a single statutory definition; particular mechanisms are set by procedure and sector legislation. In pensions practice, disputes between members, employers and trustees are commonly handled through internal dispute resolution procedures (IDRP/IDR), ombudsman schemes, alternative dispute resolution (mediation or arbitration), and litigation. In the UK, The Pensions Ombudsman (TPO) offers an Early Resolution Service and formal determinations; TPAS’s dispute‑handling functions have transferred to TPO, with general guidance now provided by...

2015 appellate round-up: UK civil dispute resolution—key decisions on jurisdiction, costs, procedure, contract, limitation and injunctions (UKSC, Court of Appeal, Privy Council, CJEU)

Published by a LexisNexis Dispute Resolution expert

Practice notes

ARCHIVED: This Practice Note is archived and not maintained.

Court of Appeal—continuing breach and concurrent causes of action

The Court of Appeal examined whether a continuing breach could operate as a concurrent cause of action when allocating loss under an indemnity in a share sale agreement that made the seller responsible for losses arising from services performed before the transfer date. The question was whether the pre-transfer negligence amounted to a breach of duty that persisted day by day after the transfer, so that a new cause of action accrued each day, creating a concurrent claim alongside the indemnified breach which, following EE Caledonia, would bar the appellant from relying on the indemnity. By a majority, and departing from the first instance decision, the court held there was no continuing breach, hence no concurrent cause of action, and the indemnity could be relied upon after the transfer until fresh causes of action later materialised (which occurred some nine months afterwards). Lady Justice Gloster dissented and would have upheld Popplewell J’s judgment in full. In the course of the judgment, Lord Justice Longmore expressed...

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Web page updated on 21/05/2026

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