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 design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • 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—Precedent • 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...

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...

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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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Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial

Letter to defendant client on receiving claimant Part 36 offer to settle part of claim only, made not less than 21 days before trial Note: This Precedent 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). Private & confidential [insert name and address of addressee] [insert date] Dear [insert name of client: defendant] [insert case heading] As we discussed [insert when you had the discussion], I have received a Part 36 settlement offer from [insert name of claimant], a copy of which is enclosed. To help you decide whether to accept the offer I explain below what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [Once you have read this letter, please contact me...

Defendant’s Part 36 offer—liability only

Defendant’s Part 36 offer—liability only Dear [insert organisation name] WITHOUT PREJUDICE SAVE AS TO COSTS This is a defendant’s offer, made pursuant to CPR Part 36. If the offer is accepted within [21] days, the Defendant will be liable for the Claimant’s costs in accordance with Rule 36.13. Terms of the offer This offer relates to the issue of liability only. The Defendant is willing to settle

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If a Part 36 offer is accepted out of time pre-issue in a road traffic accident claim, is the Defendant entitled to the payment of their costs from the expiry of the offer even if the claim has not moved forward a stage? If so, can the Defendant request that their costs are paid out of the Claimant's damages?

If a Part 36 offer is accepted out of time pre-issue in a road traffic accident claim, is the Defendant entitled to the payment of their costs from the expiry of the offer even if the claim has not moved forward a stage? If so, can the Defendant request that their costs are paid out of the Claimant's damages? For the purposes of this Q&A it is assumed that the claim remains under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol). Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the Protocol) The aims of the Protocol under para 3.1 is to ensure that: ‘(1) the defendant pays damages and costs using the process set out in the Protocol without the need for the claimant to start proceedings; (2) damages are paid within a reasonable time; and (3) the claimant's legal representative receives the fixed costs at each appropriate stage.’ The aims do not therefore include scenarios...

How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial?

How does QOCS apply where a claimant rejects the defendant's Part 36 offer and the defendant wins at trial? Under CPR 36.13(4), the qualified one-way costs shifting (QOCS) protection for a claimant who does not accept a Part 36 offer within 21 days is essentially lost save to the extent that the defendant’s costs exceed the amount of the offer. Depending on the value of the claim and the level of costs incurred, the claimant may be gambling the entirety of his damages against the chance of beating the defendant’s offer. Where a claimant with QOCS protection loses his case, a costs order in the defendant’s favour is made, which is not enforceable unless either court permission is given or it falls under CPR 44.14(1) (a Part 36 offer has not been beaten) or CPR 44.15 (claim has been struck out). That costs order is not to be treated as an unsatisfied or outstanding judgment for the purposes of any court record

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TMT weekly highlights—12 June 2025

Welcome to this week’s edition of the TMT weekly highlights: 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.

Property Disputes weekly highlights—12 June 2025

This week's edition of Property Disputes weekly highlights includes an analysis of a case where the Technology and Construction Court clarified the limits of recoverable loss claims for damages under the Defective Premises Act 1972, an Upper Tribunal decision overturning a remediation order citing procedural irregularities, a Court of Appeal decision on whether secured debts incurred prior to a debt moratorium are excluded, and a High Court decision dismissing a beneficial interest claim in a civil recording and possession claim under the Proceeds of Crime Act 2002.