GLOSSARY
Case management definition
What does Case management mean?
The court's aim is to ensure civil claims are dealt with justly and at proportionate cost and it has wide powers under the CPR to actively manage cases to do so. A case management conference may be held to review steps taken and give future directions for claim progression.
Dispute Resolution
The procedural role of the court in ensuring the disposal of disputes in accordance with the overriding objective.
The court's aim is to ensure civil claims are dealt with justly and at proportionate cost and it has wide powers under the CPR to actively manage cases to do so. CPR Rule 1.4 sets out some of the activities which fall within the concept of case management. While the role of the CPR as a whole is to ensure the proper management of cases, CPR Rule 3 in particular sets out the court's general powers of case management.
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Business and Property Courts—shorter trials scheme
Business and Property Courts—shorter trials scheme This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. Purpose of the shorter trials scheme This Practice Note gives guidance on the shorter trials scheme (STS) in CPR PD 57AB to claims issued on or after 1 October 2015 in the Business and Property Courts. The scheme is intended to effect resolution of commercial disputes within commercial time frames through streamlining and controlling various case management procedures, including the pre-action procedure, statements of case, costs budgeting, disclosure, factual and expert evidence, interim applications, the trial timetable, cross examination at trial, etc. CPR PD 57AB deals with both the shorter and flexible trials schemes and came into effect on 1 October 2018, following a successful pilot scheme which operated under CPR PD 51N in the Rolls Building only. From 1 October 2018, the STS applies to all Business and Property Courts and to claims issued on or after 1 October 2015 (CPR PD 57AB, para 1.2). The flexible trials scheme (FTS) is also contained in CPR PD 57AB. This Practice Note only considers the STS. For guidance on the FTS, see Practice Note: Business and Property Courts—flexible trials scheme. Where the provisions of
Costs capping orders (prior to April 2013) [Archived]
Costs capping orders (prior to April 2013) [Archived] ARCHIVED: This Practice Note has been archived. It addresses provisions revoked on 1 April 2013 and is for historical purposes only. Costs capping orders and protective costs orders Costs capping orders (CCOs) and protective costs orders (PCOs) both place limits on the amount of costs to be paid in proceedings. However, it is important to distinguish between them, as the source of the court’s power in respect of the two is entirely separate, and the function and purpose of the two types of orders are very different. The general rule in respect of CCOs is now in r 44.18. In summary: • CCOs limit the level of costs a party can recover pursuant to a costs order subsequently made • PCOs limit the level of costs a losing party will have to pay Note: this rule does not apply to PCOs (r 44.18(3)) The introduction of CCOs On 6 April 2009, the CPR introduced new rules relating to costs capping orders. These are contained in r 44.18 - 44.20 and section 23A of the Costs Practice Direction. These codified the common law jurisdiction to cap costs. The case law pre 2009 on CCO can be found in Leeds Teaching Hospital and Telegraph Group. When will a CCO be made? CCOs limit the amount of future costs (including disbursements) which a party may recover pursuant to an order for
Preparing for an immigration appeal to the First-tier Tribunal (IAC)
Preparing for an immigration appeal to the First-tier Tribunal (IAC) Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the government’s response to the coronavirus (COVID-19) outbreak. For updates and links to useful information, news and news analysis in relation to the implications for immigration lawyers, see Practice Note: Coronavirus (COVID-19) immigration resources. The procedural steps to be followed in a First-tier Tribunal appeal are examined in the Practice Note on Procedure in the First-tier Tribunal (IAC). This Practice Note looks at the practical issues involved in the preparation of the evidence, appellant’s bundle and pleadings in an appeal to the First-tier Tribunal, following the lodging of the appeal and payment of any fee. Preparation of appellant’s bundle As a matter of the First-tier Tribunal’s case management powers, it will invariably require a party to produce a bundle of evidence. Under the online process, the respondent is required to provide the respondent’s bundle not later than 14 days after the notice of appeal is lodged. The model directions require the documents listed at r 24(1) of the Procedure Rules to be included within the respondent’s bundle. These are: • the notice of the decision to which the appeal relates and any other documents provided to the appellant giving reasons for the decision • any statement of evidence or application form completed by the appellant • any record of interview that
Drafting the particulars of claim
Drafting the particulars of claim This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. This Practice Note provides guidance on drafting the particulars of claim. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and electronic filing of statements of case. Particulars of claim—part of claim form or separate document? The particulars of claim can be included in the claim form or attached to the claim form as a separate document (CPR 7.4). If the particulars of claim are in a separate document they must either be served with the claim form, or within 14 days after service of the claim form; in any event, they must be served no later than the latest date for service of the claim form (CPR 7.4). In addition, the claim form must state that the particulars of claim will follow (CPR 16.2(2)). Particulars of claim served separately to the claim form must include the name of the court in which the claim is proceeding, the claim number, the title of the proceedings and the claimant’s address for service (CPR
Trespassers—possession proceedings
Trespassers—possession proceedings Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following: • proceedings for possession • forfeiture of business leases on the grounds of non-payment of rent • a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods • service of various notices to recover possession of residential properties • practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber) • insolvency legislation of both a permanent and temporary nature For further information and guidance, see: Coronavirus (COVID-19)—implications for property [Archived]. This Practice Note covers the procedure to recover possession from trespassers who entered premises as trespassers (more commonly known as squatters), or who remained on land without the consent of the person entitled to possession, by issuing possession proceedings under CPR 55. It does not include a claim against a tenant or sub-tenant, whether or not their tenancy has been determined. For recovery of possession from a former tenant or sub-tenant who remains in premises unlawfully on expiry of lawful occupation, see Practice Notes: CPR 55 procedure in relation to commercial property and CPR 55 procedure in relation to residential common law tenancies. This Practice Note also does not deal with private residential property let on an assured shorthold tenancy (ASTs) or social housing (including
Costs orders—payment and enforcement
Costs orders—payment and enforcement This Practice Note deals with provisions for the payment of costs orders. It considers the differences depending on whether the court order includes a time limit for payment and provides guidance on the expression and calculation of time limits. It also considers the stays of and enforcement of a costs order. For guidance on the ability of the court to deal with parties that fail to comply with interim costs orders, see Practice Note: Costs orders—debarring orders where there has been a failure to pay. This Practice Note does not cover either summary or detailed assessment of costs. Guidance on these matters can be found in the following subtopics: • Summary assessment • Detailed Assessment Payment of a costs order—if the court order includes a time limit CPR 44.2(1) provides the court with a general discretion as to costs. For guidance, see Practice Note: Cost orders—the general rule and the court's discretion. As well as a discretion as to whether the costs of one party are payable by another and the amount of those costs, this includes a discretion as to when those costs are to be paid. In practice, it is usual for the court to specify the time within which payment must be made when ordering the payment of a sum in respect of costs. Payment of a costs order—if the court order does not include
General civil restraint orders
General civil restraint orders This Practice Note should be read in conjunction with Practice Note: Civil restraint orders which deals with general information on civil restraint orders (CROs) that is common to all types of CRO. Also see Practice Notes: Limited civil restraint orders, Extended civil restraint orders, and Civil proceedings orders against vexatious litigants for information on other orders that can be made against vexatious litigants. What is a general civil restraint order (GCRO)? A GCRO may be made where a party persists in issuing claims or making applications that are totally without merit (TWM), in circumstances where an extended civil restraint (ECRO) would not be sufficient or appropriate (CPR PD 3C, para 4.1). It prevents the party from making any further applications or claims in specified courts without the prior permission of the court (CPR PD 3C, para 4.2). An example of a GCRO is attached to CPR PD 3C (Form N19B) (CPR PD 3C, para 5.3). As noted in Caine v Facebook Ireland Ltd, a GCRO is general in its application and applies to any proceedings in the relevant courts during its currency and so there is less scope for ambiguity that might be exploited in the case of an ECRO, about whether fresh proceedings fall within the scope of an ECRO. This means that any breach of the order is much more likely to be found
Complex commercial litigation—India—Q&A guide
Complex commercial litigation—India—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to complex commercial litigation in India published as part of the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Chadha & Co—Namita Chadha; Sakshi Arora; Shantanu Bhardwaj; Rupali Srivastava 1. How common is commercial litigation as a method of resolving high-value, complex disputes? Given the lackadaisical attitude and outdated procedural laws of the Indian courts, arbitration has been and continues to be a favoured mechanism for resolving complex and high-stake disputes. However, the enactment of the Commercial Courts Act 2015 (Commercial Courts Act) defining the timelines and streamlining the process, has imparted an impetus to commercial litigation alongside. 2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional? Although the culture and market for litigation in India is seen as unwieldy and a long-drawn-out process, it has been evolving with the positive changes brought in this regard. The courts in India are witnessing increased participation of international parties for dispute resolution. 3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have? Commercial law is not codified in India and is dealt with under several statutes, such as
Litigants in person—general considerations, resources and regulators' guidance
Litigants in person—general considerations, resources and regulators' guidance The Master of the Rolls issued guidance in March 2013, entitled Terminology for Litigants in Person, to clarify the correct terminology to be used to refer to individuals who conduct legal proceedings on their own behalf. The guidance directs that the term 'litigant in person' should be the sole term used to describe individuals who conduct legal proceedings on their own behalf and the term 'self-represented litigant' should not be used. Note, however, that the term 'self represented litigant' and 'unrepresented litigant' continues to be used in some parts of the CPR. For more information on terminology, see Practice Note: Litigants in person—terminology and representation. For more information on issues concerning litigants in person, also see Practice Notes: • Litigants in person—case management and relief from sanctions • Litigants in person—trial and non-attendance • Litigants in person—applications and orders • Litigants in person—terminology and representation • Litigants in person—pre-action protocols, statements of case and CPR 36 • Litigant in person costs—general principles • Litigant in person costs—procedure • Litigant in person costs—costs management and budgeting • Litigant in person costs—financial loss and hourly rates General considerations The reduction of publically-funded cases, the increase in the small claims limit and poor economic conditions have contributed towards a sharp rise in the number of litigants in person who use the court system today. Some litigants in person will be experienced in litigation
Civil proceedings orders against vexatious litigants
Civil proceedings orders against vexatious litigants This Practice Note should be read in conjunction with Practice Notes: Civil restraint orders, Limited civil restraint orders, Extended civil restraint orders and General civil restraint orders. When will a civil proceedings order be made? Where an individual repeatedly brings unmeritorious claims and/or court applications against the same or different parties, the Attorney General (AG), in the exercise of its public interest function, can apply to the court for an order pursuant to section 42(1) of the Senior Courts Act 1981 (SCA 1981) which prevents a vexatious litigant from bringing further civil proceedings without leave of the High Court. The advantage of a civil proceedings order over a civil restraint order (CRO) is that it is not limited in time to two years (which is the case for extended CROs and general CROs). If satisfied, the High Court may make a 'civil proceedings order', a 'criminal proceedings order' or an 'all proceedings order'. As the name suggests, a civil proceedings order (CPO) restricts the issue of civil proceedings, a criminal proceedings order restricts the issue of criminal proceedings, and an all proceedings order is a combination of the two. This Practice Note provides guidance on the CPO. For guidance on criminal proceedings orders, see Practice Note: Vexatious litigants in criminal proceedings. For an example of the court making an all proceedings order,
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Buffer agreement—agreement to extend time for compliance
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 division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST Between [insert name] Claimant and [insert
Accounts procedures for fee earners and support staff 2011 [Archived]
Accounts procedures for fee earners and support staff 2011 [Archived] 1 This document sets out our [accounting OR finance] systems and controls for fee earners and support staff. 2 Basic principles 2.1 We have an overriding duty to protect client money and assets. 2.2 To ensure compliance with this duty and with the SRA Accounts Rules 2011 (the Rules), all fee earners and support staff must comply with the systems and procedures set out in this document. 3 Accounts department 3.1 The [Accounts OR Finance] department is located at [insert location, eg office if you have more than one office or location within your office] and is led by [insert name and/or title], [who is also the firm’s Compliance Officer for Finance and Administration (COFA)]. 3.2 [insert any other information regarding the structure of your accounts departments, eg if you have different teams for different functions]. 4 Accounts system 4.1 We have a central accounting [and time recording] system called [insert name of your system]. [insert name or title] is responsible for the day-to-day operation of the accounts system. 4.2 Access to the accounts system is as follows: [state who has access, how to get access and whether access levels vary]. 4.3 Anyone with access to the accounts system must keep their password confidential and change their password regularly to maintain security. You must not ask members of the [Accounts OR Finance] department to divulge
Letter advising expert of forthcoming case management conference and asking for details for costs budgeting and timetabling
Letter advising expert of forthcoming case management conference and asking for details for costs budgeting and timetabling Dear [Insert] Re: [Insert name of client] Thank you for agreeing to report on this case. Your role in the litigation: We have assumed that your report will be limited to (insert) Documentation: We have assumed that you will be required to review [insert detail] There is a forthcoming case management and budgeting conference in this matter and we require confirmation from you as to the costs that you have incurred to date and likely future costs. In making this request we have made the following assumptions about the work that will need to be carried out in future in the case: • [insert] — Examination of Claimant — Re-examination — Conference with Counsel — Joint meeting with the [claimant’s/defendant’s] expert(s) — Oral evidence at trial We
Letter of instruction to costs draftsman to prepare a costs budget
Letter of instruction to costs draftsman to prepare a costs budget Dear [insert name of costs draftsman] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert date of birth] Date of Accident: [Date] You will note the proceedings served in this matter. As you aware, the case concerns [insert name of matter]. We anticipate that the likely issues in the case will be: [Insert details] 1 Incurred costs For details of incurred costs, see fee notes and file attached In brief, we have already prepared the following evidence: Expert evidence [Insert details of expert evidence] Witness evidence [Insert details of witness evidence] Counsel is acting on a [private OR CFA] basis. Relevant pre-action conduct by the other side: [Insert details] The defendants have [admitted liability OR denied liability OR failed to respond]: [Insert details]. The defendants were invited to mediate on [insert date] but [refused OR did not respond OR mediation failed]. The defendants have given the following disclosure: [insert details] The defendants have refused a request for disclosure of: [insert details] FUTURE WORK Future work on this case is likely to be as follows. 2 Statements of case An amendment to particulars is anticipated: [insert details]. Reply to defence is [necessary OR unnecessary]. Part 18 request is needed on the issue of [insert details]. Conference with counsel. 3 Case Management Conference
Letter advising expert of outcome of case management conference and providing future timetable
Letter advising expert of outcome of case management conference and providing future timetable Dear [Insert] Re: [Insert name of client/claimant] The Court have now timetabled the case in which you are involved as [Insert details eg liability expert] We enclose a copy of the court directions. The steps that you will need to be involved in consist as follows:- [Insert relevant court timetable details] You will be required to prepare a joint statement with the [Claimant’s OR
Case management directions
Case management directions Standard case management directions 1 The Claimant to provide the Respondent with a schedule of loss by 4.00pm on [insert date] [together with any documents relevant to mitigation of loss and any documents which evidence the sums set out in the schedule]. 2 [A list of issues to be agreed on or before 4.00pm on [insert date]. OR The Claimant to send a draft list of issues to the Respondent on or before 4.00pm on [insert date] and the Respondent to provide any amendments on or before 4.00pm on [insert date].] 3 The Respondent to serve a counter-schedule of loss on or before 4.00pm on [insert date] setting out which aspects of the schedule of loss are disputed and why and any alternative figures and calculations contended for. The Claimant to update the schedule of loss two weeks before the substantive hearing. 4 Mutual disclosure of documents by exchange of lists on or before 4.00pm on [insert date], copies of documents to be requested on or before 4.00pm on [insert date] and provided on or before 4.00pm on [insert date]. 5 [The parties to agree an index for the hearing bundle on or before 4.00pm on [insert date] and the Respondent to prepare bundles on or before 4.00pm on [insert date] and provide a copy to the Claimant. OR The Respondent to send a draft index for
Standard order 1.1—financial directions order—longer version
Standard order 1.1—financial directions order—longer version In the Family Court Sitting at [Court name] No: [Case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Child Support Act 1991 OR Schedule 1 to the Children Act 1989 OR The Inheritance (Provision for Family and Dependants) Act 1975 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Trusts of Land and Appointment of Trustees Act 1996 OR The Married Women’s Property Act 1882 and ss 67, 68 and 74 of the Civil Partnership Act 2004 ] OR The [Marriage OR Civil Partnership OR Relationship OR Family] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After consideration of the documents lodged by the parties [After reading the statements and hearing the witnesses specified in para [para number] of the Recitals below] Order made by [name of judge] on [date] sitting in [open court OR private OR at a [first directions appointment OR financial dispute resolution appointment OR case management hearing OR WARNING: IF YOU DO NOT COMPLY WITH THIS ORDER, YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND YOU MAY BE SENT TO PRISON, BE FINED, OR HAVE YOUR ASSETS SEIZED. [ The parties 1 The applicant is [applicant name] The [first] respondent is [respondent name] [The intervener is [intervener’s names] Further respondent[s]: [further respondents’ names]] [Specify if any party acts by a litigation friend] Definitions 2 Children of
Claim form (database right infringement)—the contents
Claim form (database right infringement)—the contents The purpose of the claim form A claim form is the document used to start proceedings. It contains information relevant to the proceedings, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, generally the claimant’s solicitor. Guidance as to the contents of a claim form generally can be found in the Practice Note: Claim form—the contents. This Precedent provides an containing suggested text for use in relation to a claim for database right infringement. The form sets out guidance as to the specific points which should be taken into account when completing a claim form for use in such proceedings. The claim form is part of a suite of Precedents, and should be read in conjunction with the following Precedents: • Particulars of claim (database right infringement) • Defence (database right infringement) • Reply (database right infringement) • Final order (database right infringement) In particular, it should be read in conjunction with the Precedent: Particulars of claim (database right infringement), because these two documents set out the scope of the claimant’s claim. Guidance on completing a claim form for database right infringement Title of proceedings The claim form and every other statement of case must be headed with the title of the
Standard multi-track directions—no expert evidence
Standard track'>multi-track directions—no expert evidence This Precedent is the Gov.uk standard direction order template to use in multi-track cases where no expert evidence is to be adduced. It should be used, in those circumstances, as the parties’ (and the court’s) starting point when seeking or making case management directions (CPR 29.1). Where single joint expert evidence is proposed or ordered, see Precedent: Standard multi-track directions—single joint expert. Where additional or alternative directions to those set out in the Precedent may be required (eg for a case management conference, for costs management directions, to allow for compliance with pre-action protocols, to request further information, where your claim is proceeding in a divisional court, etc), see the Gov.uk model paragraphs. These model paragraphs, together with guidance on them, are reflected in Precedent: Standard direction order templates and model paragraphs for multi-track cases. The courts have indicated they will have little sympathy with parties who seek to use their own firm’s and/or some other hybrid directions instead of the standard direction order templates. The draft directions in this precedent exactly follow the provisions set out in the Gov.uk website. 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 division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice
Business continuity plan—BCP—risk evaluation
Business continuity plan—BCP—risk evaluation Risk Impact (low/medium/high) Likelihood (low/medium/high) Measures already taken to reduce, avoid or transfer the risk Flooding High Low There is minimal risk of flooding from the firm’s office. We have the ability to use a temporary office in the event of an event at our office.The office is based on the third floor of the building. This is a serviced office maintained by the landlord. There are regular inspections of pipework, boilers and water supply as part of the offices’ overall maintenance programme.There are regular inspections of pipework, boilers and water supply conducted by the Landlord.The firm own the building and occupy all three floors. Archived files are stored in the basement. Despite the risk of flooding being low, raised flooring has been installed to prevent any water damage to the files. Regular inspections of the pipes and the heating system are undertaken. A move to homeworking can be quickly implemented for a number of key staff. Fire High Low We have the ability to use a temporary office in the event of an event at our office.The building is to be equipped with fire alarms and fire extinguishers. There are regular inspections and an annual check of the electrics and annual fire assessment conducted by the Landlord.A move to homeworking can be quickly implemented for a number of key staff. Theft Medium Low Although the building
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What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?
What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence? Small claims track—case management Claims on the small claims track are known as small claims and are governed by CPR 27 and CPR PD 27. Parties on the small claims track often act in person (known as litigants in person) and so the case management provisions have been focused and designed to make the dispute resolution process as quick, cheap and straightforward as possible. For further guidance on case management in relation to litigants in person, see Practice Note: Litigants in person—case management and relief from sanctions. The court has a very wide discretion as to the conduct of the proceedings. It is important to be aware that: • many parts of the CPR do not apply to small claims eg CPR 33, which includes provisions on dealing with hearsay evidence which might otherwise apply in these circumstances—see CPR 27.2 for a full list • recoverable costs are very limited The court can adopt any procedure it believes to be fair and appropriate to the dispute. Generally, the strict evidence rules don't apply, evidence does not need to be on oath and the court can limit
Does the court have a duty to dispose of cases as soon as possible?
Does the court have a duty to dispose of cases as soon as possible? This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules (CPR) and associated Practice Directions. There are several CPR rules that are applicable to ensuring cases are dealt with in a timely manner as set out below. Overriding objective CPR 1.1 sets out the overriding objective of the CPR, which is to enable the court to deal with cases justly and at proportionate cost. In doing so, the court must, among other things, ensure that a case is dealt with expeditiously and fairly. The court must further the overriding objective by actively managing cases and active case management includes ‘deciding promptly which issues need full investigation and trial and accordingly disposing summarily of the others’. While the court needs to be aware of the above, there needs to be a balance to ensure that cases are also dealt with justly. This is highlighted in the overriding objective as CPR 1.1(2)(d) states ‘ensuring that it is dealt with expeditiously and fairly’. While there is an obligation to be efficient, the courts’ duties under active case management involve a number of different considerations that must be taken into account. This should be borne in mind when assessing the speed of the claim, not least as the courts will want to ensure they
What is the time limit for applying for relief to reinstate a claim which has been automatically struck out under CPR 3.7A1 for non-payment of the trial fee?
What is the time limit for applying for relief to reinstate a claim which has been automatically struck out under CPR 3.7A1 for non-payment of the trial fee? Background A claim will be automatically struck out under CPR 3.7A1 if the claimant has not paid the court fee by the time and date stipulated in a fee notice, provided the court has complied with the requirements as to such notice. These include the amount of the fee, the time and date deadline, and notice of the consequence of failure to pay in time. Time limit for reinstatement After such striking-out any application to reinstate should be made under CPR Part 23. That part does not stipulate a specific time limit for such applications. The closest it comes is in CPR 23, CPR PD
Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made?
Where a client raises concerns about a serious safeguarding risk to a child, is there a responsibility to make a referral to social services? Is the client’s consent required for a referral to be made? What steps should be taken to ensure a referral is made? Safeguarding concerns relating to children are sadly a feature of the practises of most solicitors and barristers engaged in family law work. There is an inherent tension between the understandable desire to protect the child particularly where a serious safeguarding risk is identified, and the duty of confidentiality owed to the client. Legal representatives are not social workers, and their professional duties may from time to time conflict with what they perceive to be their moral obligations where information is disclosed by a client that leads to a safeguarding risk. Solicitors and barristers owe a duty of confidentiality to their clients (paragraph 6.4 of the Code of Conduct for Solicitors) and that duty is unqualified. The duty is to keep the information confidential, not simply to take reasonable steps to do so, and covers a duty not to communicate the information to a third party or to misuse it by making any use of it or causing any use to be made of it by others without the consent of the client: Prince Jeffrey Bolkiah v KPMG. The duty continues
Where following difficulties agreeing contact in the past the parties wish to apply for a child arrangements order (CAO) by consent providing for shared care, but leaving holidays to be decided by agreement, will the court make such an order in light of the no order principle and will the ambiguity of holiday arrangements make the court less likely to agree to an order. Will a warning notice automatically be attached to such an order made by consent?
Where following difficulties agreeing contact in the past the parties wish to apply for a child arrangements order (CAO) by consent providing for shared care, but leaving holidays to be decided by agreement, will the court make such an order in light of the no order principle and will the ambiguity of holiday arrangements make the court less likely to agree to an order. Will a warning notice automatically be attached to such an order made by consent? No order principle and ambiguity Section 1(5) of the Children Act 1989 (ChA 1989) directs that a court when it is considering whether or not to make one or more orders under ChA 1989 with respect to a child, shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all. Making 'no order' is a positive decision taken on welfare grounds (Re I (a child) (contact application: jurisdiction)). According to the Department of Health's The Children Act 1989 Guidance and Regulations, s 1(5) has two main aims: ‘… the first is to discourage unnecessary court orders being made, for example as part of a standard package of orders. If orders are restricted to those cases where they are necessary to resolve a specific problem this should reduce conflict and promote parental agreement and co-operation. The
Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)?
Is there any authority upon putting a small claims level claim within the fast track for reasons of complexity as per CPR 26.8(1)(c)? The court has a wide discretion when allocating a claim to a track. Practically, the claim will normally be allocated based on its financial value, but CPR 26.8(1) lists several other matters that the court shall have regard to when deciding the track for a claim. The list is not exhaustive, but as you have identified at CPR 26.8(1)(c), the court shall have regard to the complexity of the facts, law or evidence. The complexity may also have a direct impact on the amount of oral evidence required (CPR 26.8(1)(f)) and the importance of the claim to the person involved (CPR 26.8(1)(g)). The cases
Where an application to set aside judgment in default has been dismissed, can a second application be brought (a) if there are new facts that were not previously stated before the court and (b) if there are no new facts?
Where an application to set aside judgment in default has been dismissed, can a second application be brought (a) if there are new facts that were not previously stated before the court and (b) if there are no new facts? In circumstances when an application to set aside judgment in default has been dismissed, it is unlikely that the court will allow a second application to set aside default judgment except in wholly exceptional circumstances, such as where the defendant is able to show evidence that default judgment was obtained by fraud. This was confirmed by two judgments in 2016. In Samara v MBI & Partners UK Ltd, the first defendant made a second application to set aside a default application by making a fresh application under CPR 13.3 by reference to CPR 3.1(7), and the cases of Thevarajah v Riordan and Tibbles v SIG PLC (trading as Asphalt Roofing Supplies). The court held that: • while CPR 13.3 does not expressly prohibit a second application, the principle of finality requires, in the interests of both justice and litigants generally, that a final order between
If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount?
If a case has been allocated to the fast track, is the court bound to award no more than £25,000, or can the trial judge award a greater amount? CPR 26.6 states that the fast track is the ‘normal’ track for claims valued between £10,000 and £25,000. However, while the value of a claim is one of the factors to be taken into account when a court allocates a claim (whether it be to the small claims track, fast track or multi-track), it is not the only factor. The court will have regard to all the factors listed at CPR 26.8(1) when deciding whether to allocate a case to the ‘normal’ track. The fact that the court should consider those factors before determining the appropriate track means that it should likewise be entitled to conclude that a case is suitable for the fast track even if the value exceeds £25,000. For further guidance, see Practice Note: Allocation of claims to a track, in
When is a document deemed served, for the purposes of a case within the First-Tier Tribunal (Property Chamber)? Do the provisions of the Civil Procedure Rules apply, and if so, what is the authority?
When is a document deemed served, for the purposes of a case within the First-Tier Tribunal (Property Chamber)? Do the provisions of the rules'>Civil Procedure Rules apply, and if so, what is the authority? The First-tier Tribunal (Property Chamber) is a creature of statute, having been created by legislation, and as such, is restricted in its practice by the various statutory instruments that govern its running and procedure. The CPR do not apply to the first-tier tribunals; see for instance McCarthy & Stone (Developments) Limited where at para [43] of its judgment, the Upper Tribunal commented thus: ‘I agree that the CPR do not apply to tribunals’. The relevant procedural rules are the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169. As is set out in Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules, SI 2013/1169, r 3(1), the overriding objective of these rules is to enable the Tribunal to deal with cases justly and fairly. By Tribunal Procedure (First-tier Tribunal) (Property Chamber)
What fees are payable in the Intellectual Property Enterprise Court in relation to key stages of proceedings?
What fees are payable in the Intellectual Property Enterprise Court in relation to key stages of proceedings? Every case in the Intellectual Property Enterprise Court (IPEC) is different, including subject matter, complexity, and value. For that reason, it is always difficult to exactly predict the fees that a party will incur in the IPEC for each key stage. Nevertheless, some helpful guidance in estimating the fees payable can be found in the Part 45 of the Civil Procedure Rules 1998 (CPR). Under the CPR PD 45, the IPEC is subject to strict caps on the costs which the winning party can recover for each key stage, as well as the total amount it can recover. According to CPR 44, ‘costs’ include fees (ie solicitor fees), charges, disbursements, expenses or remuneration, unless expressly stated otherwise. These costs caps can assist both claimant and defendant in determining their budgets for each stage of the proceedings, in the knowledge that if their costs exceed that amount, that it is unlikely to be recoverable from the other side. In an ideal scenario, their representatives will keep within the costs caps, although this is not always possible depending on the complexity of the case. Section IV of the Practice Direction sets out the maximum amount of costs which the court will award for each stage of a claim, as well as the
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Dispute Resolution weekly highlights—30 June 2022
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the long awaited judgment in Osbourne v Persons Unknown (are NFTs property?) as well as that of the Court of Appeal in AIG Europe SA v John Wood (anti-suit injunctions to support contractual agreements); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
Indemnity Costs for Disproportionate Application to Strike Out Witness Evidence (Curtiss and others v Zurich Insurance plc)
Dispute Resolution analysis: Judge Keyser QC (sitting as a High Court judge) has given a warning to practitioners who seek to make inappropriate applications to strike out witness evidence prepared for a trial, pursuant to CPR PD 57AC, on the basis of non-compliance with that Practice Direction applicable to trial witness statements in the Business and Property Courts. While this application had partial success (in that parts of the claimants’ witness statements were struck out), the nature of the application, which was judged to be ‘disproportionate’ and ‘oppressive’, including given the scale of the costs which were generated, meant that the applicant was ordered to pay 75% of the respondents’ costs on an indemnity basis. The decision acts as a clear guide to the parameters of the sanctions regime for non-compliance with the Practice Direction on witness statements and a reminder of the consequences of failure to adhere to the principles set out in recent case law. Written by James Bradford, barrister at 39 Essex Chambers.
PI & Clinical Negligence weekly highlights—23 June 2022
This week’s edition of PI & Clinical Negligence weekly highlights includes a news analysis on a gas explosion and the engagement of res ipsa loquitur. We also have an analysis on actionable damage in a mesothelioma case. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.
Dispute Resolution weekly highlights—16 June 2022
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including that of the Supreme Court in AIC v Federal Airports Authority of Nigeria (reconsidering sealed judgments before hand down) and of the Court of Appeal in Gemalto Holding v Infineon Technologies (section 32 limitation); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
PI & Clinical Negligence weekly highlights—16 June 2022
This week's edition of PI & Clinical Negligence weekly highlights includes an important speech by the Master of the Rolls’, Sir Geoffrey Vos on the future of the online civil justice system and there is also analysis of the Law Commissions recent report on automated vehicles. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.
Employment tribunal quarterly statistics for the period January to March 2022
Employment analysis: 8,126 single claims were received by the employment tribunals in the period from January to March 2022 (a decrease of 11% from the same quarter in 2021) and at the end of March 2022 there were 42,406 outstanding single claims (a decrease of 4% from the same quarter in 2021), according to statistics published by the Ministry of Justice. During the same period, 9,022 multiple claims were received (a 40% decrease from the same quarter in 2021), and almost 11,000 multiple claims were disposed of (an increase of 170% from the same quarter in 2021), leaving 486,035 multiple claims outstanding (an increase of 1% from the same quarter in 2021) at the end of the 2021/22 financial year.
Information Law weekly highlights—9 June 2022
This week’s edition of Information Law weekly highlights includes news that the European Data Protection Board (EDPB) has published guidelines on the practical implications of amicable settlements. It includes news that the European Parliament and the Council of the European Union have adopted the Data Governance Act and of other recent developments relating to data protection, ePrivacy, cybersecurity, reputation management and databases.
TMT weekly highlights—9 June 2022
This week's edition of TMT weekly highlights includes: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.
Dispute Resolution weekly highlights—9 June 2022
This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments, including Lord Justice Birss’ speech on the Online Procedure Rules Committee and key judicial decisions including Tecnimont v NatWest (unjust enrichment), Various Claimants v MGN (limitation) and Ras Al Khaimah Investment Authority v Azima (security for costs and disclosure); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
Construction weekly highlights—9 June 2022
This week's edition of Construction weekly highlights includes an update by the Department for Levelling Up, Housing and Communities (DLUHC) on the consultation concerning the ban on combustible materials for buildings, confirmation by DLUHC of its amendment of Approved Document B to meet the Phase One recommendations of the Grenfell Tower Inquiry, the publication of the Ministry of Housing, Communities and Local Government’s (MHCLG) full outcome for the ‘Technical review of Approved Document B of the building regulations: a call for evidence’ consultation, a case in which the Technology and Construction Court (TCC) summarised some of the applicable principles in respect of statements of case and disclosure obligations (Northumbria Healthcare NHS Foundation Trust v Lendlease), an update on the HS2 route for the High Speed 2 (HS2) railway, the publication of a survey by the Construction Leadership Council (CLC) on the difficulties of obtaining professional indemnity insurance and several updates from the wider construction industry.
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