Litigation

Q&As

Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an application to add a party to proceedings?

Can a party be added to proceedings while a stay of those proceedings is in place, or would the stay need to be lifted for the court to consider an...

Produced in partnership with Kayleigh Lindford of Clarke Willmott 7th Jun

Practice notes

Electronic filing and communications

Electronic filing and communicationsThis Practice Note considers electronic working (e-working), in particular, in relation to electronic...

7th Jun

Practice notes

The Financial List—starting and transferring claims

The Financial List—starting and transferring claimsWhat is the Financial List?The Financial List is a specialist list in the High Court which came...

7th Jun

Practice notes

County Court money claims—early stages progress up to allocation

County Court money claims—early stages progress up to allocationThis Practice Note should be read in conjunction with Practice Note: County Court...

7th Jun

Practice notes

Limitation—amendments to statements of case, set-offs and counterclaims

Limitation—amendments to statements of case, set-offs and counterclaimsFor general guidance on the computation of limitation periods, as well as more...

7th Jun

Practice notes

Independent set-off and transaction set-off

Independent set-off and transaction set-offAlthough it commonly arises in the context of disputes, and therefore litigation, set-off is essentially a...

7th Jun

Practice notes

County Court Online pilot scheme—CPR PD 51S

County Court Online pilot scheme—CPR PD 51SThis Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file...

7th Jun

Practice notes

Starting a breach of contract claim—a practical guide

Starting a breach of contract claim—a practical guideScope of this Practice NoteThis Practice Note on contract breach claims provides practical...

7th Jun

Practice notes

In what circumstances can you assign a claim or cause of action?

In what circumstances can you assign a claim or cause of action?This Practice Note sets out the requirements and considerations for permitted...

7th Jun

Practice notes

Starting an SPA breach of warranty claim—a practical guide

Starting an SPA breach of warranty claim—a practical guideThis Practice Note considers how to pursue a breach of warranty claim in the context of...

7th Jun

Q&As

Is there a rule in the Civil Procedure Rules or elsewhere that states that a litigant in person should not contact their legally represented opponent directly?

Is there a rule in the Civil Procedure Rules or elsewhere that states that a litigant in person should not contact their legally represented opponent...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

Q&As

Can a person domiciled in an EU Member State be a litigant in person in the English courts?

Can a person domiciled in an EU Member State be a litigant in person in the English courts?There is no general definition in the CPR of a 'litigant in...

6th Jun

Q&As

Where a claim has originally been issued against an individual director and her four companies (one of which is in liquidation), in each case listed on the claim as ‘Directors Name T/A Ltd Company’, and the claimant now wishes to bring the claim against the director and the four companies as separate legal entities, how does the claimant proceed?

Where a claim has originally been issued against an individual director and her four companies (one of which is in liquidation), in each case listed...

6th Jun

Q&As

Does the court have a duty to dispose of cases as soon as possible?

Does the court have a duty to dispose of cases as soon as possible?This Q&A is relevant to civil cases which are governed by the Civil Procedure Rules...

6th Jun

Q&As

What is the position regarding electronic signatures on documents filed at court (including claim forms or particulars of claim or witness statements, etc)? Are electronic signatures accepted and is this effected by typing or writing your name with a pen on a surface pro, or adding a ‘picture’ of your signature? Is the electronic signature sufficient or does it need to be followed with a manually signed hard copy of the document? If electronic signatures are permissible, does a party need the courts’ permission and/or do the other parties have to agree to their use?

What is the position regarding electronic signatures on documents filed at court (including claim forms or particulars of claim or witness statements,...

6th Jun

Q&As

What are the practical steps required to join a party to proceedings?

What are the practical steps required to join a party to proceedings?See Practice Note: Adding (joinder) and substituting parties, which gives...

6th Jun

Q&As

Where an insurance policy is in dollars but a claim has been made, judgment given and the insured paid out in sterling, then what date is the exchange rate date for claiming under the insurance policy?

Where an insurance policy is in dollars but a claim has been made, judgment given and the insured paid out in sterling, then what date is the exchange...

6th Jun

Q&As

Can more than one firm of solicitors (in a co-counsel scenario) be named on a claim form and so ‘go on the record’ for one party?

Can more than one firm of solicitors (in a co-counsel scenario) be named on a claim form and so ‘go on the record’ for one party?CPR Part 42 which is...

6th Jun

Q&As

If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what is the process for setting aside the judgment and replacing it with a judgment for the amount to be paid in full?

If a defendant admits a money claim (eg for £10,000) and offers to pay in instalments and the court makes an instalment order without a hearing, what...

Produced in partnership with David Willink of Lamb Chambers 6th Jun

Q&As