Dispute Resolution analysis: This decision of the High Court, on appeal from the County Court, addresses civil restraint orders. Of particular note, the decision of Barling J confirms (in the absence of any existing authority) that a court has jurisdiction to impose a penal notice on a civil restraint order and to commit a party for breach of the terms of that order. The judge also reviews other aspects of the civil restraint order, including the form of any application to be made by the restrained party. Written by Matthew McGhee, barrister at 20 Essex Street Chambers.

Law360: A group of 20 civil servants has lost its bid to revive claims that a redundancy compensation scheme was unjustifiably biased against older employees, with the EAT ruling that a lower court correctly found their case to be vexatious.

Civil investigation of tax fraud HMRC’s published policy in respect of tax fraud states that HMRC will seek to use a civil rather than criminal procedure wherever appropriate. Criminal investigation and prosecution is expensive and are therefore generally reserved for appropriate case. Criminal prosecutions are therefore reserved to cases where they will be an effective deterrent or involve certain other aggravating features (such as being part of an organised plan). As an alternative to criminal investigation, in circumstances where deliberate conduct has brought about a loss of tax, HMRC may use a civil investigation of fraud procedure, as set out in Code of Practice 9 (COP9). The mechanism implemented by COP9 is a Contractual Disclosure Facility (CDF), which offers the recipient the chance to make full disclosure of their conduct, with HMRC agreeing not to instigate a criminal investigation or prosecution in relation to the conduct disclosed. The procedure set out in COP9 is available where HMRC has reasonable grounds to suspect tax fraud or where an individual voluntarily admits

Civil union partners are two individuals who have formally registered a relationship that creates a legal status broadly equivalent to marriage, with rights and obligations similar to spouses. In practice, the term usually refers to “civil partners” under UK civil partnership legislation, or to partners in a civil union or equivalent status in other jurisdictions whose relationship may need recognition in the UK or Ireland (for example, for immigration, succession or tax purposes).In England and Wales, Scotland and Northern Ireland, the primary statutory term is “civil partners” under the Civil Partnership Act 2004 (as amended), now available to same-sex and opposite‑sex couples. In Ireland, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 created “civil partners”, but that status has been largely superseded by same‑sex marriage; existing civil partnerships continue to have legal effect.The expression “civil union partners” itself is not a defined UK or Irish statutory term and is generally used descriptively in contracts, policies and cross‑border family law to capture civil partners and analogous registered partners from other legal systems.

Cladding is a weather-tight skin covering an external wall. May be functional only or decorative.

Construction analysis: This decision is the first reported judgment on section 149 of the Building Safety Act 2022 (BSA 2022) and provides important guidance on contribution claims arising from defective cladding products. The Technology and Construction Court (TCC) held that, following default judgment on liability, the claimant contractor was still required to prove its loss and that it was just and equitable for the cladding manufacturer’s parent company to bear 87.5% of the recoverable remedial costs. The judgment establishes that manufacturers responsible for inherent design or system defects may bear the predominant share of liability and confirms that building liability orders may be obtained by default judgment against associated entities. Produced in partnership with James Frampton of Keating Chambers and Rebecca Morjaria of Charles Russell Speechlys LLP

A claim is the assertion of a legal right to a remedy, made against another person or body, typically seeking court-ordered relief such as damages, an injunction, specific performance, or a declaration. In practice it refers both to the underlying cause of action (the facts and legal basis) and the formal step of commencing civil proceedings, as well as pre‑action demands and notifications to insurers or insolvency office-holders.In England and Wales, the Civil Procedure Rules use “claim” widely (including petitions) and proceedings are started by a claim form under Part 7 (substantial disputes of fact) or Part 8 (primarily legal issues). Related terms include counterclaim and Part 20 claim (additional claims against existing or third parties), and “claimant” is the party bringing the claim.Usage is broadly consistent across the UK and Ireland, though initiating documents differ:- Scotland: practitioners speak of “claims”, but court actions are “raised” (e.g., summons in the Court of Session, initial writ in the sheriff court; “claim form” in Simple Procedure). Parties are pursuer and defender.- Northern Ireland: proceedings commence by writ of summons (High Court) or civil bill (County Court); “plaintiff” remains common.- Ireland: proceedings commence by plenary summons, special summons, civil bill, or personal injuries summons; PIAB claims and insurance claims use “claim” descriptively.In insolvency, “claim” commonly means a proof of debt.

IN THE [COUNTY COURT AT [Insert] OR HIGH COURT] Claim No. [Insert claim number] Parties: [Mrs Jane Bloggs]        Claimant -and- [A Care Home]        Defendant __________________________________ PARTICULARS OF CLAIM __________________________________ The parties 1 The Claimant was at all material times under the care of the Defendant, its employees or agents in respect of her nursing and personal care. 2 At all material times the Defendant operated, managed and administered a private residential care home known as [A Care Home], situated at [Address] (‘the care home’). 3 At all material times referred to below: 3.1 the Claimant was under the care of the Defendant and the Defendant owed a direct non-delegable duty to the Claimant in respect of that care; 3.2 The Defendant’s staff, agents and employees owed the Claimant a duty of care in contract and/or tort to treat them with reasonable professional care, competence and skill; and 3.3 The said staff, agents or employees had the care of the Claimant pursuant to their contracts of engagement or employment with the Defendant, and, accordingly, the Defendant is liable to the Claimant for any negligent acts or omissions and/or breaches of contract, as well as being directly

IN THE [COUNTY COURT AT [Insert] OR HIGH COURT] Claim No. [Insert claim number] Parties: [Insert name of Claimant]        Claimant -and- [Insert name of Defendant]        Defendant __________________________________ PARTICULARS OF CLAIM __________________________________ 1 This is a claim pursuant to section 7(1)(a) of the Human Rights Act 1998 and/or in negligence. 2 The Claimant was at all material times under the care of the Defendant, its employees or agents in respect of their personal care. 3 At all material times the Defendant operated, managed and administered a residential care home known as [Insert care home name], situated at [Address] (‘the care home’). 4 At all material times referred to below: 4.1 the Claimant was under the care of the Defendant and the Defendant owed a direct non-delegable duty to the Claimant in respect of that care; 4.2 the Defendant’s staff, agents and employees owed the Claimant a duty of care to care for them with reasonable professional care, competence and skill; 4.3 the said staff, agents or employees had the care of the Claimant pursuant to their contracts of engagement or employment with the Defendant, and, accordingly, the Defendant is liable to the Claimant for any negligent

[IN THE COUNTY COURT AT [INSERT]ORIN THE HIGH COURT OF JUSTICE[[SPECIFY DIVISION]] [[SPECIFY SPECIALIST COURT]] [[INSERT LOCATION] DISTRICT REGISTRY] ] Claim no. Parties AB        Claimant and (1) C D First Defendant (2) X Y INSURANCE PLC        Second Defendant _________________________________________ PARTICULARS OF CLAIM _________________________________________ 1 At all material times the Claimant was the owner and driver of a [insert description of vehicle], [insert registration] (“the car”), and the First Defendant was the driver of a [insert description of vehicle], [insert registration] (“the van”). 2 At all material times the van was covered by a policy of motor insurance issued by the Second Defendant (“the policy”). The Claimant is therefore entitled to, and does, proceed against the Second Defendant under the European Communities (Rights against Insurers) Regulations 2002 (“the Regulations”). 3 However, the Claimant understands that the Second Defendant seeks to avoid its liability under the policy, and therefore its liability under the Regulations, by reason of an alleged breach of condition by the First Defendant. If and to the extent that such avoidance is established, the Claimant avers that: 3.1 the First Defendant remains liable

IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As the Claimant

In the COUNTY COURT AT [insert] Claim No: [insert claim number] Between A B        Claimant and X Y        Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully travelling along [insert street name, town, county]. As the Claimant proceeded along the road, the Defendant’s