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CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how...

The tort of deceit

Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that...

Submission of no case to answer

IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before...

Nuisance—establishing a claim for private nuisance

Private nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land,...

Practice notes

CPR Part 8 claims (alternative procedure for claims)

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

9th Nov

Practice notes

Interim injunctions—the American Cyanamid guidelines

This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...

9th Nov

Practice notes

Fixed costs—what are they?

This Practice Note considers fixed costs under Part 45 of the Civil Procedure Rules. For detailed guidance on capped costs in the Business and...

9th Nov

Practice notes

Part 18 requests for further information (CPR 18)

This Practice Note provides guidance on when to make a request for further information under CPR 18, the timing of the request, what information you...

9th Nov

In-house

Practice notes

Court etiquette

The most important rule is to be polite. If you are polite to everyone at all times, it is hard to go seriously wrong.The judgeMake sure all mobile...

9th Nov

Practice notes

Interim applications—costs recovery

Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...

9th Nov

Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of...

9th Nov

Practice notes

Negligence—when does a duty of care arise?

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...

Produced in partnership with Professor Richard A Buckley 9th Nov

Practice notes

Expert reports

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

9th Nov

Precedents

Drop-hands settlement offer—post issue of proceedings

[ON YOUR LETTERHEAD][WITHOUT PREJUDICE SAVE AS TO COSTS][Insert date][Insert name and address of other party’s solicitor]Dear [insert contact...

9th Nov

Practice notes

Fixed costs—fast track trial costs

This Practice Note covers fixed trial costs in the fast track. These are costs the court may award as costs of the advocate preparing and appearing at...

9th Nov

Practice notes

Challenging court jurisdiction—general principles

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have...

9th Nov

Practice notes

Foreign Limitation Periods Act 1984

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering:•which applicable law to...

Produced in partnership with Thomas Ogden of 4 New Square and Anneliese Day QC of Fountain Court Chambers 9th Nov

Practice notes

Nuisance—what are public and private nuisance claims?

Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...

9th Nov

Practice notes

Unfair prejudice petition—the procedure

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

Produced in partnership with Mark Hubbard of New Square Chambers 9th Nov

Practice notes

Mediation—confidentiality and privilege

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

9th Nov

In-house

Most recent Court and the legal profession content

Practice notes

Court guides and other guidance

STOP PRESS: an amended version of the Chancery Guide was published on 30 November 2020. For further information, see: LNB News 30/11/2020...

1st Dec

Practice notes

Court fees in civil proceedings

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

1st Dec

Practice notes

Dispute Resolution—judicial practice notes and guidance

This Practice Note contains current judicial Practice Notes and judicial guidance of interest to Dispute Resolution lawyers, which apply in the...

1st Dec

Practice notes

Judges

The judicial branchThe judicial branch of government in England and Wales operates independently of the executive and legislature, and contains the...

Produced in partnership with Adam Cygan of University of Leicester and Mr Darragh Connell of Forum Chambers 29th Nov

Q&As

Are there any provisions that permit unclaimed funds originally deposited with the Court Funds Office to be repaid to the original person who deposited them if those funds remain unclaimed after a certain amount of years?

For the purposes of this Q&A, it has been assumed that monies due to an untraced landlord following a claim for enfranchisement of a leasehold...

Produced in partnership with Ryan Turner of Lamb Chambers 28th Nov

Q&As

What will the counterclaim fee be where damages are not to be more than £25,000?

When filing a counterclaim the same fee will apply as if the remedy sought were the subject of separate proceedings. You therefore need to determine...

28th Nov

Q&As

Is there a court fee to pay money into court?

We are not aware of any fee payable when paying money into court.Please, however, note that there is a fee of £50 payable when making an application...

28th Nov

Q&As

If a party wishes to bring a counterclaim in a probate claim, where the force and validity of the Will are disputed, is an application required for this and is a fee payable? If a defendant to the counterclaim is not a party to the proceedings, is leave of the court required to bring the counterclaim and is an application required?

BackgroundThe purpose of Part 20 is to enable counterclaims and other additional claims to be managed in the most convenient and effective manner (CPR...

28th Nov

Q&As

What is the court fee for issuing a claim pursuant to CPR 8 for an order for sale in the Chancery Division?

A Part 8 claim is begun by the claimant filing:•Form N208—Claim Form (CPR Part 8)—Commercial Court•the fee payable (where no money is claimed)—£528 in...

28th Nov

Q&As

What is the court fee for issuing a Part 8 claim for approximately £600,000 where the claim form is to be issued in the Senior Courts Costs Office? What documents need to support the claim form?

This Q&A covers the procedure to get a detailed assessment of costs without having to start a Part 7 claim. The requirements for using the costs-only...

28th Nov

Q&As

What is the court fee for issuing professional negligence proceedings against solicitors where the remedy is an indemnity in relation to costs that will be incurred in separate proceedings?

In order to establish what court fee is payable, see Court Fees Schedule from 6 March 2017. Specifically, the amount of fess payable will depend on...

28th Nov

Q&As

What are enhanced court fees?

In December 2013 the Ministry of Justice (MoJ) issued a consultation on reforming court fees, which included (in Part 2 of the consultation) the...

28th Nov

Q&As

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?

Amendment generallyA statement of case is defined in CPR 2.3(1).The court's permission for an amendment to a statement of case will not be required...

28th Nov

Q&As

When issuing County Court proceedings on behalf of a protected party, do query use the financial details of the protected party or the litigation friend when working out the court fee payable? Likewise, if you are issuing County Court proceedings for a minor, again do you use the financial details of the minor or the litigation friend when looking at the court fee remission form?

A court fee may be payable, and the question is whether, for the purposes of applying for remission of that fee, the relevant financial details of...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 28th Nov

Q&As

What court fee(s) are payable when a claimant in small claims track proceedings (claim value of £5,500) wants to issue a CPR 20 claim against a new party to the proceedings?

CPR 20 deals with counterclaims and additional claims and applies to:‘a) a counterclaim by a defendant against the claimant or against the claimant...

28th Nov

Q&As

A claim form has been served under protective proceedings and it has subsequently come to light that the value of the claim is much higher. Does the claim form need to be amended and a further court fee paid?

Additional court feeFor information on the fee that is payable when starting a claim, see the Civil Proceedings Fees Order, SI 2008/1053 (as amended)...

28th Nov

Q&As

What is, and how can a party confirm, the fee payable for presenting a petition under section 994 of the Companies Act 2006?

The Civil Proceedings Fees Order 2008 (CPFO 2008), SI 2008/1053, Sch 1 sets out the fees payable in respect of various types of court proceedings.CPFO...

28th Nov

Q&As

What is the court fee for issuing a claim under CPR 8 (alternative procedure for claims)?

We refer you to our Lexis®PSL Dispute Resolution Practice Note: Court fees in civil proceedings which provides information on the court fees payable...

28th Nov

Q&As

Does the filing of a CPR Part 20 claim (additional claim) require payment of an issue fee?

What is the position where a defendant files a counterclaim?Where a defendant files a counterclaim (which is described in the CPR glossary as being 'a...

28th Nov

Q&As