Court proceedings

Court proceedings guidance:

What is allocation? At an early stage in a claim, the court will provisionally allocate the claim to what it thinks is the most appropriate 'track' for the purpose of...

Practice Note

Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just and appropriate to do...

Practice Note

What are the Business and Property Courts? The Business and Property Courts (B&PCs) came into operation on 2 October 2017 as a single umbrella for certain specialist...

Practice Note

Introduction This Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The disclosure pilot...

Practice Note

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners when determining whether a claim form can be served on a...

Practice Note

This Practice Note provides a summary of the relevant court/tribunal for issuing proceedings in respect of some of the most common property disputes-related applications,...

Practice Note

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is...

Practice Note

This Practice Note looks at costs judges’ discretion to make costs orders (CPR 44 and its accompanying Practice Direction, CPR PD 44). It considers the courts’ discretion...

Practice Note

ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions...

Practice Note

ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions...

Practice Note

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

Practice Note

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering default judgment. For guidance, see: Cross...

Practice Note

Produced in partnership with Leigh Callaway of Fladgate LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

Precedents

Where a dispute is brought to an end by a payment of damages or compensation, whether under a court order or an out-of-court settlement agreement: • the person receiving...

Practice Note

CPR 83 provisions regarding writs and warrants As of 6 April 2014 the existing Rules of the Supreme Court (RSC) and County Court Rules (CCR) rules governing writs and...

Practice Note

ARCHIVED: This Practice Note has been archived and is for historical purposes only. CPR provisions The provisions relating to general rules about costs will continue to...

Practice Note

What are interim injunctions? An injunction is a discretionary remedy that takes the form of a court order and which requires a party to either refrain from doing...

Practice Note

This Practice Note considers hearings for interim injunctions. In particular, it provides guidance on the interpretation and application of the relevant provisions of the...

Practice Note

On notice applications Interim Injunctions are temporary court orders used to regulate the position between the parties before trial. For information on common types of...

Practice Note

ARCHIVED: This Practice Note has been archived and is for historical purposes only. To assist those looking to see the development of the application of proportionality...

Practice Note

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages in a judicial review...

Practice Note

Interested parties In the context of judicial review, an interested party is 'any person (other than the claimant and defendant) who is directly affected by the claim'. A...

Practice Note

When considering whether and how to bring a claim for judicial review, the first step is to consider whether this would be an appropriate means of addressing the issues...

Practice Note

What is Judicial Review? Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. This...

Practice Note

[On the headed notepaper of the creditor’s solicitors] FAO [Insert name of debtor] [Name of debtor’s solicitors] [Address line 1] [Address line 2] [Postcode] [Date] Dear...

Precedents

Produced in partnership with Leigh Callaway of Fladgate LLP [Name of creditor’s solicitors firm] [Address line 1] [Address line 2] [Postcode] [Date] [Ref: [insert...

Precedents

Part 36 precedents You may need to consider the validity of an offer in relation to advising clients about Part 36 offers generally, or drafting a Part 36 offer. If so,...

Practice Note

Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional provisions, see...

Practice Note

Produced in partnership with Leigh Callaway of Fladgate LLP Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND...

Precedents

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

Practice Note