James Tunley

This Q&A considers the enforcement of a judgment against a company registered in a foreign jurisdiction where there are assets in England.

This Q&A considers the meaning of ‘reasonableness’ for a request for information or documentation under the Pre-Action Protocol for Professional Negligence.

This Q&A considers the potential problems of issuing claims close to the expiry of a limitation period during the current coronavirus (COVID-19) pandemic and public health measures.

This Q&A considers the definition of personal service when seeking to serve a document other than the claim form. The term ‘personal service’ is not specifically defined in CPR 6 for such documents.

This Q&A considers the options available to a judge at trial where a Defence to Counterclaim was filed out of time, without consent or permission from the court and no retrospective application for an extension of time to file the Defence to Counterclaim was made to the court.

This Q&A considers what a defendant can do where a claim has been over-valued and, as a consequence, allocated to a higher track than it otherwise would have been.Action prior to allocationThe first stage of allocation is the court sending the parties a notice provisionally allocating the claim to the track which appears to be most suitable for the claim (CPR 26.3(1)(a)). This is then followed by the directions questionnaires.If a defendant considers that the claim has been inflated or over-valued, then any submissions as to the appropriateness of the track ought to be raised within the directions questionnaire in the first instance. Section D2 of the fast and multi-track directions questions allows for brief reasons to be given about the track, but more detailed submissions and other information can be included at Section I.The financial value of the claim

This Q&A considers how to issue claims against an insurer directly following a RTA.

This Q&A considers the limitation period for a claim made under EnA 2002, s 94(4).

This Q&A considers CPR 3.13 and what the costs budget requirements are where a non-monetary claim is brought.

This Q&A considers how time is calculated under the CPR with reference to service.

This Q&A considers the registration of charging orders.

This Q&A considers the issue of disclosure of without prejudice correspondence within the pleadings.

This Q&A considers the procedure for amending a statement of case in a claim that has been allocated to the small claims track.

This Q&A considers whether a claimant should amend the address on the claim form where it is issued via MCOL and is served on the defendant at an incorrect address or whether the claimant can serve it on the defendant at the correct address without any amendment.

This Q&A considers an employer's vicarious liability for its employees and considers whether the claim should be brought against the employee, employer or both.

This Q&A considers third party debt orders where the amount deposited in the bank account does not cover the debt in full.

This Q&A looks into the application process for a writ of possession.

This Q&A deals with the question of whether, absent an express term, a loan becomes immediately repayable where the debtor is in default of payment by instalments.

This Q&A considers the rules regarding budget discussion reports and how best to comply when only one party has filed a costs budget.

This Q&A considers what extensions of time are permissible under CPR 3.8(3) and (4) and whether it can effectively be used more than once.