The production of a document, such as a claim form, by the court at the request of a party or intended party.
Rules governing the commencement of proceedings are found in CPR Rule 7.
Need for a grantThe personal representatives (PRs) of a deceased individual’s estate generally need to obtain a grant of probate or letters of administration to enable them to prove title to the deceased’s property and administer, collect and protect it for the benefit of the persons interested in the estate. Although generally required to administer an estate in England and Wales, a grant of representation may not be necessary depending on the type and value of the assets in the estate and where they are situated. See Practice Note: Devolution of assets and the need for a grant.The civil remedy for failure to take out a grant is by a citation. If an executor has started to act in the administration, they can be compelled to take probate. See Practice Note: Probate actions—citations.Penalty for administering without a grantIf a person takes possession of and administers any part of the deceased’s estate without obtaining a grant within:•six calendar months after the death of the deceased, or•two calendar months after the termination of any suit or dispute respecting the Will or the right to letters of administration if there is any such dispute that is not ended within four calendar months of the death, thenthey will be liable to pay £100 (under the Stamp Act 1815 (SA
High Court or the County Court?Whether to start your claim in the High Court or the County Court is generally a question of the value of the claim. This Practice Note considers starting a claim under CPR 7. The rules dealing with where to start a claim under CPR 7 are set out in CPR PD 7A.Subject to the provisions of CPR PD 7A (on which see below), where both the High Court and County Court have jurisdiction to deal with a claim, it may be started in either court (CPR PD 7A, para 1).Claims relating to business and property work (which includes the matters specified in paragraph 1 of Schedule 1 to the Senior Courts Act 1981 and any work under the jurisdiction of the Business and Property Courts) may, subject to statute or other provision in the CPR, be dealt with in the High Court or the County Court (CPR PD 7A, para 2.5). For more information on the Business and Property Courts, see Practice Note: Business and Property Courts.For information on commencing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).For information on High Court and County Court jurisdiction to grant injunctions, see Practice Note: Injunctions—guiding principles—The
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Letter of claim—database right infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] [Copyright and] database right infringement: [Name and description of database] We are writing on behalf of [name of client] of [address]. We are writing to you about your activities and actions, which amount to an infringement of our client’s [copyright and] database right. [Name of client] [Name of client] operates in [describe the industry of operation, what the rights owner does, who in the company makes, produces and maintains the database and, if relevant how, they are employed. Define or give the name of the database (Database)]. [Name of client] is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of [copyright and] database right in the database, an extract of which is enclosed for your attention. [In accordance with section 11(2) of the Copyright, Designs and Patents Act 1988 (CDPA 1988) and the Copyright and Rights in Databases Regulations 1997, SI 1997/3032, Regulation 14(2) our client owns the copyright subsisting in the Database because it is the employer of the person(s) who produced and/or made the Database.] The database [Our client’s [defined Database] is protected under copyright law as an original literary work under section 3(1) of the CDPA 1988.] [Our client employs highly skilled and experienced [name of type of employees, eg analysts] who use their expertise to analyse [describe the information] and carefully
Notice and take-down letter—defamation Address of Website Operator Dear [insert organisation name] Notice and take-down letter We act for [insert client details], on whose instructions we are writing to you. On [date] it came to our client’s attention that the following statement(s) have been published on a website that is hosted by you at [details of URL] (the Website): 1 [Insert statement] 2 [Insert statement] 3 [Insert statement] (the Defamatory Statements). A dated [screen print AND/OR copy] is attached for your information. [The Defamatory Statements remain on the Website at the date of this letter and continue to be accessible within the jurisdiction.] [Where the client is not specifically named in the Defamatory Statements, explain here how it is that the client will be identified from the Defamatory Statements.] The Defamatory Statements bore the meanings [insert meaning] which are seriously defamatory of our client. The Defamatory Statements are not true or honest opinion [insert explanation] and are likely to cause serious damage to our client’s reputation within the meaning of the Defamation Act 2013, s 1. This letter constitutes formal notice that the Defamatory Statements have been published on the Website. The law requires you to
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For service out of jurisdiction for a patent infringement claim to an entity in France, do the patents (including GB and EP patents) that the claimant wishes to enforce need to be translated into French? If you are serving proceedings issued in England out of the jurisdiction and the entity to be served is a company registered in the Republic of France then, presumably, the intended defendant is going to be accused of having committed an act of infringement in England. You may then issue proceedings in England and serve them abroad. There are two ways of serving documents abroad. The first way is to do it yourself, by post, or hand delivering the proceedings to the intended defendant. This does not require any documents to be translated. The second way is
What are the key differences between a claim under section 17 of the Married Women's Property Act 1882 and section 14 of the Trusts of Land and Appointment of Trustees Act 1996, other than the nature of relationship between the parties? Despite the persisting belief, there is no legal concept of a ‘common law’ husband or wife. Therefore, unmarried parties who may occupy a property for decades with their partner may find, at the end of the relationship, that they have no interest in that property. Unlike the provisions of the Matrimonial Causes Act 1973 (MCA 1973), the courts have no power to award one party to a (unmarried) relationship a share in property or assets belonging to another. Parties can therefore find themselves without a share. In such circumstances, there are limited statutory provisions to fall back upon. Where there are children, there is potential for a claim under schedule 1 to the Children Act 1989. Otherwise, the most common claim will be under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). In certain circumstances, a claim can be brought instead or additionally under the Married Women’s Property Act 1882 (MWPA 1882). Property in England and Wales is held on a trust of land. This means that the person in whose name the property is in (the ‘legal owner’) holds the property
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Restructuring & Insolvency analysis: This case concerned an opposed a winding-up petition. The debtor company disputed the debt, alleging sham and improper motive on the part of the petitioner. Despite finding a lack of evidence to support those grounds, the court was satisfied that there was a lack of clarity as to the petition debt. That lack of clarity meant that, ‘by a narrow margin and with misgivings’ the debt was capable of being disputed on grounds of sufficient substance to warrant dismissing the petition. Written by JJ Liew, barrister, and Millie Rai, pupil barrister, at New Square Chambers.
PI & Clinical Negligence analysis: The court held that it was impermissible for some 3,500 individual claimants, all seeking damages against the Ministry of Defence (MOD) for noise-induced hearing loss (NIHL) allegedly caused by their military service, to be included on a single claim form, for which one issue fee was paid. Instead, a separate claim form had to be issued for each claimant, and individual issue fees paid. The court’s decision was consistent with the approach previously taken in Turner v MOD and Bargh v MOD. The administrative and financial burdens on those seeking to bring claims on behalf of a cohort of individuals with disparate claims should not be overlooked. The position is not different under a formal group litigation order (GLO). ‘Omnibus’ or ‘bulk’ claim forms containing numerous claimants with disparate claims are vulnerable to being struck out. Written by Peter Houghton, barrister at Crown Office Chambers.
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There are two methods of beginning proceedings under the Civil Procedure Rules ('CPR')1:(1) by issuing a claim form under Part 7 of the CPR2;(2) by issuing a claim form under the alternative procedure provided for under Part 8 of the CPR ('the Part 8 procedure')3.The 'Part 7' procedure is the standard method for commencing proceedings, suitable for most claims; the alternative procedure for starting claims (the 'Part 8' procedure) is generally intended for use
Issue (proceedings) is referenced 1 in Halsbury's Laws of England
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