A remedy consisting of a binding declaration of the rights or obligations of a party.
It is available even in circumstances where no other consequential relief is or could be claimed. See CPR Rule 40.20.
This Practice Note considers the general principles to consider when challenging or disputing the court’s jurisdiction. A challenge may be brought on the basis that either the court does not have territorial jurisdiction or that although the court has jurisdiction it should exercise its discretion not to accept jurisdiction in the matter eg on the basis of forum non conveniens. This Practice Note sets out the grounds available for challenging the court’s jurisdiction and considers whether a stay must or may be sought in favour of proceedings commenced in a country outside the England and Wales. The Practice Note identifies how to make a challenge either prior to or following commencement of proceedings and explains what is meant by the term ‘jurisdiction’ for the purposes of CPR 11. It also covers challenging court jurisdiction within the UK as well as the interplay between CPR 11 and the Defamation Act 2013 (DA 2013).For detailed guidance on issues relevant when dealing with challenging court jurisdiction, see Practice Notes:•Challenging court jurisdiction—has a party submitted to a jurisdiction?•Challenging court jurisdiction—application under CPR 11 (general considerations)•Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)What is meant by the term ‘jurisdiction’ for the purposes of CPR 11?The issue for practitioners is what is meant by the term ‘jurisdiction’ for the purposes of CPR
Brexit timeline On 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29 March 2017, the UK Prime Minister gave formal notification of the UK's intention to withdraw from the EU, commencing the withdrawal process under Article 50 TEU. At 11 pm on 31 January 2020 (exit day), the UK’s formal withdrawal from the EU took effect and the UK ceased to be an EU Member State. Exit day marked the end of the withdrawal period under Article 50 TEU and the start of a time-limited transition/implementation period, during which the transitional arrangements provided in Part 4 of the Withdrawal Agreement applied. The transitional arrangements provided a standstill period during which the UK and EU worked to implement the Withdrawal Agreement and negotiate an agreement on the legal terms of their future relationship, to take effect after the transition period. The EU-UK Trade and Cooperation Agreement (TCA) was agreed on 24 December 2020, one week before the transition period ended at 11 pm on 31 December 2020 (IP completion day). This Practice Note sets out a timeline of key events and updates (in reverse chronological order) in the post-transition period, focussing in particular on the implementation of the TCA and associated agreements, follow-up actions in respect of the Withdrawal Agreement
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Lease of whole building—hotel LR1. Date of the lease [date] LR2. Title Number(s) LR2.1 Landlord's title number(s) [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Other parties [ Guarantor [[name of Guarantor] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address]] [details and specify capacity of other parties (eg management company etc)]] LR4. Property In the case of a conflict between this clause and the remainder of this lease then, for the purposes of registration, this clause shall prevail. The Property as defined in clause 1. LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003. [None. OR [applicable prescribed statement]. OR See clause [relevant clause reference].] LR5.2 This lease is made under, or by reference to, provisions of: Not applicable. LR6. Term for which the
Lease of a rooftop area to an electronic communications operator—new code HM Land Registry Prescribed Clauses [ LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord’s title number [s] [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Tenant [name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] Other parties None LR4. Property In the case of a conflict between this clause and the remainder of this lease, for the purposes of registration, this clause shall prevail. The property described in Part 1 of Schedule 1 to this Lease.This Lease contains provisions relating to the creation or passing of easements — see clause 3.1, clause 3.4 and Part 2 of Schedule 1. LR5. Prescribed statements etc LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003 [None OR [applicable prescribed statement] OR See clause [relevant clause reference]]. LR5.2 This lease is made under, or by reference
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Does Part 11 of the CPR apply to Part 7 claims issued in the County Court Money Claims Centre (CCMCC)? If yes, if an Act requires compensation claims to be arbitrated, does Part 11 allow me to apply to have a declaration of the court if such a claim was issued under Part 7? CPR 11 CPR 11 concerns how a party may contest jurisdiction, either by arguing that the courts of England and Wales do not have jurisdiction to try a claim or by arguing that they should not exercise such jurisdiction because there is a more appropriate forum for the claim elsewhere (an argument on ‘non conveniens’ grounds). The purpose of having specific procedural rules is to avoid confusion regarding what steps will amount inadvertently to accepting jurisdiction, and to ensure that jurisdictional challenges are raised at an early stage. The procedure set out is that the party seeking to contest jurisdiction must first file an acknowledgment of service in accordance with CPR Part 10. Failure to do so exposes the party to the usual risk of default judgment. For obvious reasons, the box on the standard form indicating that ‘I intend to contest jurisdiction’ should be ticked. The party then has 14 days to make an application for a declaration that the court either has no jurisdiction or should not exercise such jurisdiction as it may
Will a court order that is made between specific parties, but registered against a specific property and evidenced by an entry in the Property Register bind future purchasers of the property? There are a number of ways an order can be registered against a property and which method is used depends on the type of order (and potentially also on what is said about registration within the order itself). Such methods include entering a restriction or a notice (unilateral/agreed notice) on the registers of title. It may be that the order concerns a ‘real’ interest or registrable disposition (such as the declaration of the existence of or terms concerning the extent of an easement which the court has determined). If that is the case, it may be appropriate for HM Land Registry to simply register the interest by making an entry on the registers of title. In respect of registrable dispositions and entries on the register, you may wish to consult section 27 of the Land Registration Act 2002 (LRA 2002). If the order concerns a restriction on the registered proprietor’s ability to deal with or dispose of the property, it would probably be appropriate to enter the restriction on the registers of title (this is usually entered into the proprietorship register). A restriction on the register prevents or regulates the making of an entry in the register
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This week's edition of Property Disputes weekly highlights includes: Court of Appeal decisions on the calculation of rent repayment orders and on tenants’ liability for rent arrears during the Covid-19 pandemic, High Court cases on an original vendor’s entitlement to release a restrictive covenant and on a common intention constructive trust, and an Upper Tribunal case on the evidential burden required for a rent repayment order to be made.
This week’s edition of Private Client highlights includes: (1) The Court of Appeal dismisses an appeal challenging the secrecy of the hearing concerning His Royal Highness Prince Philip, Duke of Edinburgh’s Will; (2) HMRC updates its Trust Registration Service Manual; (3) Hull City Council v KF, in which the Court of Protection held that a vulnerable woman lacked the capacity to consent to sexual relations with an abusive partner, applying a person-specific test for capacity to engage in sexual relations; (4) BEIS issues guidance on the Register of Overseas Entities which came into force on 1 August 2022; (5) HMRC publishes new compliance factsheets on facilitating avoidance schemes involving non-resident promoters; (6) The Law Commission consults on the proposed law reform on market use of digital assets; (7) Power v Bernard Hastie & Company Limited & Others, on a claimant’s right to provisional damages passes to their estate after death, and (8) The National Security and Investment Act 2021.
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1228. Interest on damages. When damages have been awarded1 and constitute a judgment debt, they carry a statutory rate of interest until payment2.At common law, there is no general right to the award of interest with damages for the period before judgment or prior payment of compensation3, though interest is awarded in the Admiralty Court on both damages4 and salvage5. There are specific exceptions at common law, including agreements6 to pay interest on the occurrence of an event7, negotiable instruments8 and certain obligations relating to real9 and personal property10. Moreover, whilst interest on damages cannot be claimed
Declaration is referenced 1 in Halsbury's Laws of England
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