Part 36 definition

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Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist

Limited liability partnerships—application of Companies Act 2006 to LLPs—checklist The majority of law applicable to limited liability partnerships (LLPs) is actually modified company law rather than partnership law. The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (2009 Regulations) apply many parts of the Companies Act 2006 (CA 2006), with appropriate modifications, to LLPs. The 2009 Regulations also apply Parts 1, 2, 3 and 5 of the Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974 to LLPs. The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008, SI 2008/1911 (2008 Regulations) apply parts of CA 2006 in relation to accounts and audit to LLPs with appropriate modifications. This Checklist sets out those provisions of CA 2006 that are applied to LLPs pursuant to these regulations. Companies Act 2006 (CA 2006), section Statutory instrument applying CA 2006 provision Subject Part 2—Company formation CA 2006, s 12A 2009 Regulations, SI 2009/1804, reg 3A (link accessible within SI 2009/1804, reg 4) (inserted by SI 2016/340, reg 5 and SI...

Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

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UK trade mark infringement action—flowchart

UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...

Copyright infringement action—flowchart

Copyright infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Copyright infringement • How to draft a letter of claim in an IP dispute • Unjustified threats of intellectual property right infringement • Civil and criminal remedies for intellectual property...

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Stages of the mediation

Stages of the mediation This Practice Note sets out the key stages of the mediation process, including pre-mediation meetings with the client and mediator, joint sessions with all parties, opening presentations, private meetings during the mediation, possible settlement at the mediation and issues arising after the mediation. Before the mediation For information on practical arrangements for the mediation, such as arranging the venue, timing and attendees, see Practice Note: Organising a mediation. Pre-mediation meetings—lawyer and client It is best practice for you to meet with the client(s), and where appropriate for counsel or experts to meet, before the mediation to agree tactics and the role each attendee should have at the mediation, though this may have to be flexible depending on how the mediation progresses. It is sometimes helpful if the client will take on a leading role in the mediation and make the opening presentations as it can be more persuasive than the lawyers making them and it can feel more natural. It is frequently the case...

Mediation costs—liability and recovery

Mediation costs—liability and recovery This Practice Note considers who bears the liability for paying the costs of a mediation, what those costs may include, how they are set and how and when such costs may be recovered as between the parties. For general guidance on mediation, see: Mediation—overview. For general guidance on recovery of legal costs as between the parties, see: Costs orders—overview and Principles of costs recovery—overview. What are mediation costs? The likely costs of a mediation will include: • the fees of the mediator—see: The mediator’s fee • venue hire and hosting, unless: ◦ the mediation is conducted remotely (on which see: Remote access mediation—checklist), or ◦ one of the parties makes available their offices to conduct the mediation, although this is sometimes resisted on the basis that both parties prefer a ‘neutral’ venue For more information, see Practice Note: Organising a mediation • legal costs, ie those of the solicitor in preparing for the mediation which will include: ◦ choosing the mediator—see Practice Note: Choosing...

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Part 36 offer—defendant Part 36 offer letter

Part 36 offer—defendant Part 36 offer letter Note: This precedent defendant Part 36 offer letter does not cover CPR 36 provisions that relate specifically to fixed costs cases. For information on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). [insert name and address of claimant or claimant’s legal representative] [insert date] Without prejudice—save as to costs Dear [insert organisation name] [Pre-action] Part 36 offer [Claimant v Defendant—Case number] We refer to the above [potential ]matter in which we act for [insert name of your client]. [Our client is confident that your client’s claim is unsustainable but because [insert explanation as appropriate] we have been instructed to put forward an offer under Part 36 of the CPR (‘the Offer’). For the avoidance of doubt, this Offer is made pursuant to Part 36. OR Our client wishes to seek to resolve this matter amicably...

Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guide

Cohabitant claims under the Trusts of Land and Appointment of Trustees Act 1996—client guide This document provides general guidance regarding the property rights of cohabitants and claims under the Trusts of Land and Appointment of Trustees Act 1996. Your family lawyer will be able to provide specific advice based on your circumstances. Who can apply? Cohabitants do not have the same rights to make property claims as married couples or civil partners. Instead, disputes between cohabitants regarding their interests in a property are determined in accordance with the law of trusts. The 'common law' wife or husband does not exist in law, and claims by cohabitants are very limited in comparison with spouses or civil partners. In some circumstances it may be possible to make a claim on behalf of a child (see: Financial arrangements for children—client guide). There are two main ways in which a cohabitant may have an interest in a property: • as a joint owner, or • where the property is in the...

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Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a remote mediation?

Do the courts expect parties to use remote mediations? Can a party be criticised (and potentially penalised on costs) for refusing to engage in a remote mediation? This question is difficult to answer as it has yet to come before the court and, as all litigators know, exactly what a court is going to do is difficult to predict! However, recent case law indicates that the courts are, perhaps, becoming tougher on parties who unreasonably refuse to try alternative dispute resolution (ADR)—see, eg the recent case of Wales (t/a Selective Investment Services) v CBRE Managed Services where the successful defendant was deprived of a substantial proportion of its costs on the basis of an unreasonable refusal to mediate. This decision follows closely behind those in DSN v Blackpool FC (see News Analysis: Indemnity costs under Part 36 and extended for refusing to engage in ADR (DSN v Blackpool Football Club)) and BXB v Watch Tower where the claimants successfully sought indemnity costs on...

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Court dismisses the defendant’s request for approval of settlement against the claimant’s wishes (Forsyth v Howson)

PI & Clinical Negligence analysis: Her Honour Judge Claire Evans (sitting as a High Court Judge) refused the defendant’s application to approve the settlement. The court examined the principles of litigation and financial capacity, referencing caselaw such as Dunhill v Burgin and Coles v Perfect to determine the appropriateness of invoking the inherent jurisdiction. This case is unlike any other reported case in this area because the request for approval of the settlement was not made or supported by the claimant’s legal representatives. Written by Amy Rollings, barrister at Nine Chambers.

PI & Clinical Negligence weekly highlights—15 May 2025

This week’s edition of PI & Clinical Negligence weekly highlights includes analysis of a number of costs cases relating to the low value pre-action protocols and a case where a wasted costs order was made against a claimant’s barrister and solicitors for including fake case citations in their pleadings. We also consider a highways claims which failed and a military acoustic shock hearing injury claim which was also unsuccessful due to causation. In addition, we have our usual round-up of other news, cases and New Law Journal articles of interest.