Case management

Practice notes

Adding (joinder) and substituting parties

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

22nd Jan

Q&As

Can, and if so how, does a defendant stay a High Court claim, pending resolution of the recovery of costs of a Land Registry claim between the same parties, which was heard in the First-tier Tribunal and which was successful?

The court has the power to stay the whole or part of any proceedings or judgment either generally or until a specified date or event under CPR...

22nd Jan

Practice notes

Relief from sanctions—illustrative decisions

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

22nd Jan

Practice notes

Unless orders

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

22nd Jan

Practice notes

Group Litigation Orders—procedure

Who may apply for a group litigation order and when?It is worth noting that, subject to obtaining the appropriate consent (on which see: Application...

Produced in partnership with Andrew Wilson 22nd Jan

Practice notes

Relief from sanctions—the application

This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...

22nd Jan

COVID-19

Practice notes

Relief from sanctions—when (and when not) to use

This Practice Note should be read in conjunction with Practice Notes:•Case management—compliance•Relief from sanctions—the courts’ approach•Relief...

22nd Jan

COVID-19

Q&As

Can a person intervene in ongoing civil proceedings to which they are not currently a party or be added as an ‘interested party’ (outside the judicial review context) and what is the difference between these two concepts (intervenor/interested party)? How would such an application be made and how would the court manage the proceedings going forward (would the intervenor/interested party have rights to give evidence etc)? Also would there be any cost implications for the intervenor/interested party? What impact would this have on any judgment given by the court and would the judgment bind the intervenor/interested party?

The concepts of interested parties or interventions are most commonly found in judicial review proceedings (though intervenors are also common in...

22nd Jan

Practice notes

Stay of proceedings—when can you apply to stay a claim?

This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of...

20th Jan

Practice notes

Collective proceedings in the Competition Appeal Tribunal

Legislative reforms, which took effect on 1 October 2015, established the right to collective redress for victims of anti-competitive behaviour,...

Produced in partnership with Constantine Cannon LLP 19th Jan

Q&As

Where a case proceeds in the small claims track, what is the process for a party to make an amendment to their statement of case—is this governed by the usual rules under CPR 17?

The rules governing small claimsCPR 27 deals with cases allocated to the small claims track and, to a large extent, it is entirely separate from the...

Produced in partnership with James Tunley of Lamb Chambers 18th Jan

Q&As

What provisions of the CPR and case law could be cited where a claimant opposes a defendant’s application to amend its defence, issue a counterclaim and vacate the trial, where the application was made two months before trial, is to be heard a month before trial and the defendant has previously breached every directions order and does not have a reasonable chance of success at trial?

Amending statement of caseA party can amend its statement of case, as defined in CPR 2.3(1):•at any time before it has been served on any other party...

18th Jan

Q&As

A claim form has been issued, but not served, and the limitation period has expired. Another claimant needs to be added to the claim form, is an application to the court required?

The amendment of a statement of case before it has been served is governed by CPR 17.1. However, any amendment made without the court’s permission can...

Produced in partnership with David Willink of Lamb Chambers 18th Jan

Q&As

Does a party to proceedings have to notify the court that they have changed their name by deed poll and, if so, how is the court to be notified?

It has been assumed this Q&A refers to a civil claim.CPR PD 16, para 2.1 provides that:‘The claim form must be headed with the title of the...

18th Jan

Q&As

When and how may I change a party name?

Do you need to:•amend a party's name in a statement of case to correct an mistake as to the party's name, or•add or substitute a new party or parties...

18th Jan

Q&As

How do I substitute a deceased defendant with his executor in civil proceedings after the limitation period has expired? Do I require the court’s permission?

Addition and substitution of parties—Part 19 of the Civil Procedure Rules 1998 (CPR)Under CPR 19.4(1), the court's permission is required to remove,...

18th Jan

Practice notes

Relief from sanctions—the courts’ approach

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Statements of case in the Commercial Court

References to the Guide are to the Commercial Court Guide.This Practice Note should be read in conjunction with Practice Notes:•Claim form—the...

18th Jan

Practice notes

Extension of time

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

18th Jan

COVID-19

Practice notes