Refine By
Clear all filter
About 91103 results for "*"
PRACTICE NOTES
ARCHIVED: This archived Practice Note sets out illustrative and key decisions in civil fraud claims from December 2019 to December 2023. For further information on illustrative and key decisions in civil fraud claims from 1 January 2024 onwards, see Practice Note: Civil fraud—key and illustrative decisions (2024). The legal issues that arise in civil fraud cases can be many and varied and are usually also inherently complicated. While it is critical that each case is analysed on its own merits and its own unique set of factual and legal circumstances, it is of use to understand the operation of the key legal principles in their factual context. This Practice Note therefore includes some of the more illustrative decisions in the field of civil fraud cases. The decisions listed below are those dating from 13 December 2019 onwards (earlier key decisions are included elsewhere within the guidance). We do not include every decision but only those from which interesting points of illustration arise. The decisions listed below include full links to the
PRACTICE NOTES
This Practice Note on civil fraud claims considers the specific pleading requirements and issues when drafting your particulars of claim alleging fraud and/or dishonesty. For guidance on initial steps when your client first considers they may have a civil-fraud based claim, see Practice Note: Starting a civil fraud claim—a practical guide. For guidance on the different causes of action in civil fraud claims, see Practice Note: Civil fraud—heads of claim. For general guidance on pleading the particulars of claim, see Practice Note: Drafting the particulars of claim. 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 proceeding, you may also need to be mindful of additional provisions—see further in the section: Court specific guidance below. The following neatly encapsulates the required approach when pleading fraud: ‘21. This is a fraud case. Jinxin must state its allegations by way of statement of case. It is those allegations and not different or additional allegations that the Trial Defendants come to trial
PRACTICE NOTES
This Practice Note provides guidance on current rules and practice in the Scottish civil courts including in relation to electronic lodging of documents and virtual hearings. This Practice Note does not cover criminal business or specific procedure relating to the All Scotland Personal Injury Court. For guidance on key aspects of Scottish civil litigation, see: Scottish DR: courts and civil procedure—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and evidence—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland. Electronic submission of documents in Scotland Since 1 December 2025, by virtue of Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302: • electronic signature fulfils a requirement to sign or authenticate a document, and • electronic transmission (to a person or their solicitor) fulfils a requirement to send a document to that person Attendance at civil hearings in Scotland The innovative approach to hearings adopted during the coronavirus (COVID-19) pandemic was placed on
GLOSSARY
Legal obligations that arise from private wrongs or breaches of contract which are not acts that are prevented under legislation (criminal acts or public wrongs).
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived as it predates 1 April 2013 and is for reference purposes only in understanding the consultation that took place on reforming conditional fee agreements and other aspects of funding and costs in civil litigation. It looks at the Government’s response, CFAs, After the Event (ATE) insurance, Damages-based agreements (DBAs/contingency fees), CPR 36 and assessment of costs - new test of proportionality as well as the increased hourly rates for litigants in person. The consultation Following Lord Justice Jackson's report on costs, the Ministry of Justice announced its consultation on reforming conditional fee agreements and other aspects of funding and costs in civil litigation. The consultation closed on Monday 14 February 2011. For more information, see: Reform of civil litigation funding: consultation launched (News, 16 November 2010). The Government's response The Ministry of Justice published its response in May 2011. The Government has, overall, accepted Jackson's main recommendations (with some adjustment). These propose a 'package' of measures which start with abolition of the general recoverability
GLOSSARY
In addition, although operators of electricity generators are within the scope of the NIS Regulations, organisations within the civil nuclear sector were not considered by the UK government to be within the scope of the NIS Directive and are therefore not covered by the NIS Regulations.
GLOSSARY
A person who enters into a civil partnership with another person of the same sex.
Q&As
Section 37 of the Civil Partnership Act 2004 (CPA 2004) provides the court with the power to dissolve a civil partnership on the ground that it has broken down irretrievably. In CPA 2004, s 44 one of the facts that will demonstrate the irretrievable breakdown of the civil partnership is that the applicant and the respondent have lived apart for a continuous period of at least five years immediately preceding the making of the application. By CPA 2004, s 45(8) civil partners are treated as living apart unless they are living with each other in the same household. The
GLOSSARY
The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.
NEWS
Family analysis: Discussing the Court of Appeal’s judgment in Steinfeld and another v Secretary of State for Education, Alison Green, partner and head of the family team at Mackrell Turner Garrett, suggests that it is only a matter of time before the government will have to change their position, whether by extending the current law to opposite-sex couples or abolishing civil partnership completely.
GLOSSARY
Legal document evidencing the civil partnership of two people of the same sex.
PRECEDENTS
This document provides general guidance regarding the procedure for dissolving a civil partnership, where those proceedings were issued by the court before 6 April 2022. Your family lawyer will be able to provide specific advice based on your circumstances. How do I apply for a dissolution? To apply for a civil partnership dissolution (the civil partnership terminology for divorce) your civil partnership must have been entered into at least a year prior to the application for dissolution. It doesn’t matter where in the world you formalised your relationship, but you can only apply for a dissolution in England and Wales if either you or your civil partner meet certain residence conditions or are domiciled here. You should speak to your family lawyer about this if you are in any doubt. The dissolution process is generally administrative. This means that usually neither of you will need to see a judge to get a dissolution, as it is almost always agreed by a judge on the paperwork. The process is simple as long as your partner