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PRACTICE NOTES
This Practice Note provides guidance on case law in relation to media access and transparency in the family courts following the move towards increased transparency in the family courts. It considers case law regarding children proceedings, financial proceedings arbitration and proceedings under the Family Law Act 1996. Transparency in the family courts has been subject to a wide-ranging review. For details of the background, see Practice Note: Introduction to transparency in the family courts. The transparency reporting pilot in the family courts was extended to take place in all courts from 27 January 2025. See Practice Note: Transparency reporting pilot in the Family Court. For details of when information can be communicated from children proceedings where Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 12 (Proceedings relating to children except parental order proceedings and proceedings for applications in adoption, placement and related proceedings) or FPR 2010, SI 2010/2955, Pt 14 (Procedure for applications in adoption, placement and related proceedings) apply, see Practice Note: Transparency in the family courts—communicating
GLOSSARY
The procedural role of the court in ensuring the disposal of disputes in accordance with the overriding objective.
PRACTICE NOTES
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 as at the date the guidance in this Practice Note was published. Compliance and relief from sanctions cases 2016—what do you need to know? Although 2016 seems to have had fewer key decisions on non-compliance and relief from sanctions than 2015, perhaps indicating that practitioners are beginning to develop a better understanding from existing authorities on the current formation of CPR 3.9(1) of the court's likely attitude to non-compliance and applications for relief, there has still been a steady stream of them. We have pulled out a number of themes in some of this year's key decisions on compliance and relief from sanctions, including: • the importance of acting promptly (British Gas v Oak Cash & Carry and Gentry v Miller)—see below • proportionality and justness (McTear v Engelhard, Gopee v Barons Finance and Zumax Nigeria v FCMB)—see below
GLOSSARY
A hearing at which directions for the further management of proceedings are given.
NEWS
Dispute Resolution analysis: Nectrus has successfully applied under CPR 52.30 to re-open a decision refusing permission to appeal. The judge who refused permission had imposed an unreasonably short deadline on Nectrus when it sought to challenge that decision and should have recused himself on the grounds of apparent bias thereafter. Written by Phillip Patterson, barrister, Gatehouse Chambers.
PRECEDENTS
Standard case management directions 1 The Claimant to provide the Respondent with a schedule of loss by 4:00pm on [insert date][ together with any documents relevant to mitigation of loss and any documents which evidence the sums set out in the schedule]. The Claimant to update the schedule of loss two weeks before the substantive hearing. 2 [A list of issues to be agreed on or before 4:00pm on [insert date]. OR The Claimant to send a draft list of issues to the Respondent on or before 4:00pm on [insert date] and the Respondent to provide any amendments on or before 4:00pm on [insert date].] 3 The Respondent to serve a counter-schedule of loss on or before 4:00pm on [insert date] setting out which aspects of the schedule of loss are disputed and why, and any alternative figures and calculations contended for. 4 Mutual disclosure of documents by exchange of lists on or before 4:00pm on [insert date], copies of documents to be requested on or before 4:00pm on [insert date] and provided on or before 4:00pm on [insert date]. 5 [The parties to agree an index for the
PRACTICE NOTES
This Practice Note provides a practical table of common case management forms and applications used in criminal proceedings in the magistrates’ court and Crown Court. Effective case management is central to the fair and efficient progress of a criminal case, and early, well-prepared applications can significantly influence how proceedings are structured and conducted. The Practice Note identifies the common types of forms or applications, together with the relevant legislation and Criminal Procedure Rules, and provides access to supporting resources. Note that where there is no prescribed form, applications must still comply with the relevant procedure set out under the Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025). Case management in the magistrates’ court Case management is an essential tool for ensuring the efficient handling and progression of cases from the initial hearing through to their conclusion. The table below provides an overview of key case management forms and applications used in the magistrates’ court Application Legislation Form and further resources Application for an arrest warrant or for the issue of a summons to
GLOSSARY
A case management hearing in public law children proceedings must take place within a specified timescale with the purpose of, inter alia, identifying the key issues, the key evidence and giving directions for further steps in the proceedings.
GLOSSARY
The case management hearing must be listed no later than 12 days following the issue of proceedings. The main purpose is to draw up a timetable for the proceedings and give directions. Further case management hearings may be directed as necessary. See: Case management hearing. The advocates' meeting precedes the case management hearing by two clear days.
PRACTICE NOTES
This Practice Note considers the overriding objective that must be applied in public children proceedings, including care proceedings under the Children Act 1989 (ChA 1989), to enable cases to be dealt with justly with regard to welfare issues. It sets out the court’s responsibilities to further the overriding objective and the approach to children cases, together with the responsibilities of the parties and those of lawyers. It also provides guidance on when the recusal of a judge may be appropriate. On 22 April 2014, the Public Law Outline (PLO) for care, supervision, and other proceedings under ChA 1989, Pt IV came into effect under the Family Procedure Rules 2010 (FPR 2010), by way of FPR 2010, PD 12A. See Practice Note: Public law children procedure—Public Law Outline: overview and key principles for practical guidance on the PLO. In 2014, the President issued guidance on the use of prescribed documents in public law proceedings, including the allocation proposal form, to be completed by the local authority, standard directions to be issued by the court, the local
PRACTICE NOTES
This Practice Note explains the case management powers of the magistrates’ courts when dealing with summary only cases or cases triable either way which are before the magistrates’ courts. For information on common case management forms and applications used in criminal proceedings in the magistrates’ court, see Practice Note: Case management forms and applications in criminal proceedings. The overriding objective Pursuant to the overriding objective, courts are required to actively manage cases to ensure that they are dealt with justly in an efficient and expeditious manner. In practice, this means that the courts must effectively manage each case. Moreover, the prosecution and defence also need to actively assist the court to ensure that their case is being dealt with as efficiently as possible. Case management in the magistrates’ court Case management in the magistrates’ court is governed by the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 3 together with the Criminal Practice Directions 2023 (CPD). Criminal lawyers should also ensure they are familiar with the requirements of the Better Case Management
CHECKLISTS
This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦ name and date of birth of the defendant