Case management

Q&As

Do you need a trial bundle for a small claim?

The provisions of CPR PD 39A (which provide for a trial bundle and the requirements it must fulfil) do not apply to small claims trials by operation...

Produced in partnership with David Green of 12 King's Bench Walk 15th Feb

Practice notes

Civil contempt proceedings—permission and appropriate forum

Note: this Practice Note is relevant only to proceedings for contempt of court as considered under CPR 81 in force with effect from 1 October 2020 and...

Produced in partnership with Richard Shepherd of Albion Chambers 15th Feb

Practice notes

Unless orders

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

15th Feb

Q&As

Regarding Form N170, is the defendant required to pay a listing fee and to produce a proposed timetable for trial? How should the estimate of costs be presented?

In CPR 7 claims, there will ordinarily be costs budgets, which will stand as the estimate of costs. Cases where an estimate of costs will be relevant...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb

Practice notes

Civil contempt proceedings—illustrative decisions

Note: the procedural requirements for making a contempt application were substantially changed with effect from 1 October 2020. Substantial changes to...

13th Feb

Precedents

Buffer agreement—agreement to extend time for compliance

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

Produced in partnership with James Boyd of K&L Gates 12th Feb

COVID-19

Precedents

Witness statement in opposition to an application for relief from sanctions

Filed on behalf of the [Claimant OR Defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...

11th Feb

COVID-19

Precedents

Pre-trial review questionnaire (TCC Court Guide, Appendix C)

Precedent Pre-trial review questionnaire (TCC Court Guide, Appendix C) is the court form

11th Feb

Q&As

The court is closed and/or understaffed due to coronavirus (COVID-19). What should we do where, for example (a) I need to make an emergency application eg for a freezing or other injunction, (b) I need to pay a court fee/other, (c) I need to file and/or issue court documents by a certain deadline (d) documents are due to be served by the court?

During the current coronavirus (COVID-19) outbreak, it is likely that the day-to-day business of the courts will be disrupted due to, among other...

Produced in partnership with Daniel Laking of 39 Essex Chambers 11th Feb

COVID-19

Q&As

To what extent does an appeal of disclosure provisions within a directions order made at a CMC automatically stay the other directions in that order? What steps can and/or should the party take so as to stay that case management order pending the outcome of the appeal?

Stay of proceedingsIn general, neither the commencement of an appeal nor the grant of permission to appeal affects the enforceability of the material...

11th Feb

Precedents

Case Management Directions Form (TCC Court Guide, Appendix B)

Action no HT-................................ [Insert name of judge in title of order][Delete or amend the following directions, as appropriate to the...

11th Feb

Precedents

Draft Court Settlement Order (TCC Court Guide, Appendix G)

1The Court Settlement Process under this Order is a confidential, voluntary and non-binding dispute resolution process in which the Settlement Judge...

11th Feb

Precedents

Witness statement in support of an application for relief from sanctions

Filed on behalf of the [Claimant OR Defendant]Witness statement of [insert initial and surname of witness]Number of witness statement: [insert number...

11th Feb

COVID-19

Precedents

Witness statement in support of application to substitute a defendant after the expiry of the limitation period

Filed on behalf of the ClaimantWitness statement of [insert initial and surname of witness]Number of witness statement: [insert number of witness...

11th Feb

Precedents

Business and Property Courts Birmingham—directions template

IN THE HIGH COURT OF JUSTICEClaim No:BUSINESS AND PROPERTY COURTS IN BIRMINGHAM[FINANCIAL LIST (ChD) OR BUSINESS LIST (ChD) OR COMPANY & INSOLVENCY...

11th Feb

Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

General guidance regarding the implications of coronavirus (COVID-19) on dispute resolution can be found in Practice Note: Coronavirus (COVID-19)...

Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 11th Feb

COVID-19

Precedents

Order to substitute defendant after expiry of limitation period

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

11th Feb

Precedents

Application for relief from sanctions

Any application for relief from sanctions may be an additional or alternative application to some other form of relief eg permission to rely on the...

11th Feb

COVID-19

Q&As

Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission has been received for a further extension are the parties able to enter into another buffer agreement by way of amendment to that court order? The court order does not refer to any specified consequences of a failure to comply.

Buffer agreements under CPR 3.8CPR 3.8(3) and (4) allow parties to extend, by prior written agreement, the time for doing an act that is required by a...

Produced in partnership with James Tunley of Lamb Chambers 11th Feb

Q&As

Is it necessary to draw up a consent order when a Part 36 offer is accepted or should a discontinuance order be drafted to notify the court the proceedings have been settled? The Part 36 offer was proposed by the claimant and accepted by the defendant. Payment has already been made to the claimant as per the terms of the offer.

When a Part 36 offer which relates to the whole of a claim is accepted, the claim is stayed on the terms of the offer: CPR 36.14(1), CPR 36.14(2). The...

Produced in partnership with Tom Montagu-Smith QC 11th Feb

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