Litigation

Practice notes

Remote hearings in civil proceedings via video-conferencing and telephone

This Practice Note gives guidance on remote hearings, via video-conference and telephone. It covers relevant CPR provisions and related guidance, as...

21st Jan

COVID-19

Practice notes

Drafting the defence—drafting tips

This Practice Note provides practical tips on drafting a defence to a claim. Guidance is given on attacking any deficiencies in the particulars of...

Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan

Practice notes

Drafting the defence—formalities

If the case is proceedings in the Capped Costs List or the defendant would like it to proceed in that list, this Practice Note should be read in...

Produced in partnership with Ian Seymour and Jenny Raymond of Harrison Clark Rickerbys 20th Jan

Practice notes

Court fees in civil proceedings

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

20th Jan

Practice notes

County Court Online pilot scheme—CPR PD 51S

This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims...

20th Jan

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...

20th Jan

Practice notes

Where to start the claim

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....

19th 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

Does failure to use a limited company name rather than a trading name prevent a company from pursuing a claim in the County Court?

If you wish to amend a statement of case, CPR Part 17 states that the court’s permission for an amendment is not required when the amended document...

18th Jan

Q&As

Can a claimant make an application to amend the claim form and particulars, and pay the difference in issue fee, after they have already issued proceedings and paid the court fee relevant to the amount initially claimed and if so, can we object to this?

Amendment generallyA statement of case is defined in CPR 2.3(1).The court's permission for an amendment to a statement of case will not be required...

18th Jan

Q&As

Where a claimant fails to identify a company as a limited company in a claim issued against the company, has the claimant failed to identify the correct defendant? If so, what application should the defendant make to the court to inform them of this? Further if a settlement is reached with the incompletely referenced entity, could the claimant then separately sue the limited company?

CPR PD 16, para 2.6 states that the claim form must be headed with the full name of each party. In the case of a company, the full registered name,...

18th Jan

Q&As

To what extent can a party rely on the original pleadings of another party after they have been amended, insofar as those amendments fundamentally change that parties case?

For these purposes, we assume that the amendments are either:•with the court’s permission, or•without the court’s permission and that they have not...

18th Jan

Q&As

What test will a court apply in deciding whether to allow an amendment to a claim form?

The rules regarding amendments to statements of case (which includes a claim form, CPR 2.3(1)) are set out in CPR Part 17 and the accompanying...

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

Does the list of common ground and issues form part of the pleaded case/statements of case?

In CPR 2.3(1), 'statement of case':‘(a) means a claim form, particulars of claim where these are not included in a claim form, defence, Part 20 claim,...

18th Jan

Q&As

What authorities or guidance do you have on unilateral mistake? What authorities or guidance do you have on mistake in drafting court documents, such as statements of case?

In conducting the research for this Q&A, we have focused on amending statements of case and on mistake in contract.Amending a statement of caseCPR...

18th Jan

Q&As

A defendant has variously instructed new solicitors and is now progressing as a litigant in person with a direct access barrister. After each change, the defence has been changed with no formal applications being made to the court. What redress do I have in seeking costs occasioned by the amendments and as a penalty for effectively wasting the past two years?

Amending a statement of caseCPR 17.1 states that:‘(1) A party may amend his statement of case at any time before it has been served on any other...

18th Jan

Q&As

How can an incorrect claimant’s address on a claim form be corrected after service of the claim form?

Amending a statement of caseA party can amend its statement of case after it has been served:•with the written consent of all the parties (CPR...

18th Jan

Q&As

A claim form has been served under protective proceedings and it has subsequently come to light that the value of the claim is much higher. Does the claim form need to be amended and a further court fee paid?

Additional court feeFor information on the fee that is payable when starting a claim, see the Civil Proceedings Fees Order, SI 2008/1053 (as amended)...

18th Jan

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