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GLOSSARY
A basic service for the reliable transfer of files from one machine to another.
GLOSSARY
The lodgment at court of a document by a party or intended party.
PRACTICE NOTES
This Practice Note provides guidance on filing and serving applications. It discusses in which court an application should be made, what documents should be filed, how to file an application and paying the court fee for applications. It also covers who should serve the application, what to serve, when to serve it and by what method. 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. Different provisions apply where the matter is proceeding in one of the online claims pilots in the County Court—see: Starting and managing online claims—overview. In which court should I file my application? Having determined that it is appropriate to make an application (for guidance, see Practice Note: Pre-application considerations) the next question to ask is in which court should the application be made? This is an important question because: • even if proceedings are already
PRACTICE NOTES
How do I file documents at court? The term ‘filing’ has a specific meaning when filing a document at court. CPR 2.3(1) provides that ‘filing’ means ‘delivering a document or information, by post or otherwise, to the court office’. Documents may be filed at court in a number of different ways, and this may depend on the court in which the claim is proceeding. You may be able to file documents: • in electronic format, either: ◦ using CE-File electronic working (pursuant to CPR PD 5C), which is mandatory in certain courts—see: Electronic filing using CE-File ◦ by email—see: Electronic filing using email ◦ pursuant to an online claims service—where a claim is commenced or is proceeding using an online service, documents will usually be filed online using that service. For more information, see Practice Note: Online dispute resolution and the digital justice system—Online County Court services for money claims • in hard copy, either in person or by post—see: Filing a hard copy document in person or by post • by
GLOSSARY
A filing fee is the charge payable to a court, tribunal, registry or regulator when a document is submitted for issue, acceptance or registration-for example, issuing a claim form or petition, lodging an application or appeal, or filing with Companies House/CRO or the Land Registry/Registers of Scotland/PRAI. The term is descriptive rather than a single defined concept; specific amounts and triggers are prescribed by fees orders or rules made by statutory instrument for the relevant forum.Key features:- Payable at the point of filing/issuing; the document may not be accepted or “issued” until the fee is paid, which can affect limitation or time limits.- Common categories include court issue fees, application/notice of motion fees, appeal fees and registry recording/registration fees.- Payment is typically via e‑filing portals or account facilities; some venues accept fee accounts or card payments.Jurisdictional position:- England and Wales: HMCTS court and tribunal fees are set by fees orders; a means‑tested Help with Fees remission/exemption scheme applies.- Scotland: court fees are set by Scottish statutory instruments (including Acts of Sederunt); exemptions/remissions exist for specified benefits and legal aid.- Northern Ireland: court fees are fixed by Court Fees Orders; remission/exemption schemes apply.- Ireland: court fees are set by Courts Fees Orders; exemptions include holders of civil legal aid certificates. Registry fees are separately prescribed. Usage of “filing fee” is broadly consistent across all four jurisdictions.
PRACTICE NOTES
The designated members of an LLP have a duty to deliver its accounts and reports for each financial year to Companies House, unless the LLP falls within the dormant subsidiaries exemption in section 448A of the Companies Act 2006 (CA 2006). The availability of the dormant subsidiaries exemption to LLPs is identical to that applicable to companies and is discussed further in Practice Note: Dormant companies—accounts and audit—Dormant company exemption from the requirement to file accounts. According to the status of the LLP in the financial year in question, there will be some variation in the form and content of the accounts and reports that are filed. For a general overview of the statutory framework governing LLP annual accounts and reports, see Practice Note: LLP Accounts and reports—an outline of the statutory framework. Period for filing accounts LLPs must file their accounts and reports with Companies House within nine months after the end of the relevant accounting reference period. This is subject to the following exceptions: • if the relevant accounting reference period is the
PRACTICE NOTES
This Practice Note considers the form of accounts and reports that must be filed at Companies House, as well as the time limits for doing so. The directors of a company have a duty to deliver its accounts and reports for each financial year to Companies House, subject to the exemptions for certain unlimited companies (see: Unlimited Companies) and dormant subsidiaries (see Practice Note: Dormant companies—accounts and audit—Dormant company exemption from the requirement to file accounts). According to the status of the company in the financial year in question, there will be some variation in the form and content of the accounts and reports that are filed. For a general overview of the Companies Act 2006 (CA 2006) provisions governing company annual accounts and reports, see Practice Note: Accounts and reports—an outline of the statutory framework. Companies House will introduce significant changes to the way company accounts are submitted and from 1 April 2028 all accounts filings must be filed by commercial software in inline extensible Business Reporting Language (iXBRL) format. Therefore, from
GLOSSARY
A ‘filing system’ is defined under each GDPR regime as meaning: ‘…any structured set of data'>personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;’
PRACTICE NOTES
This Practice Note sets out the considerations when seeking to file a defence to a claim brought under CPR 7. It looks at the requirement for the defendant to file a defence, the time periods for filing a defence (including the possibility of extending this period) and the consequences of failing to file a defence on time. Also included are additional considerations when filing the defence in relation to counterclaims and additional claims. For guidance on drafting a defence, see Practice Notes: Drafting the defence—formalities and Drafting the defence—drafting tips. For guidance on serving a defence, see Practice Note: Serving the defence. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions. For more information, see: Court specific guidance. Requirement to file a defence Claims under CPR 7 A defence is required where a defendant wishes to defend all or part of a claim (CPR 15.2). For guidance
PRACTICE NOTES
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 , Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020) and Online divorce (post-DDSA 2020). Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are not impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This Practice Note covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version
PRACTICE NOTES
This Practice Note explains what documents had to be filed when commencing proceedings for a judicial separation in respect of proceedings that were commenced prior to 6 April 2022. It identifies the relevant documents, including notice of proceedings and acknowledgment of service. It explains what to do if the marriage certificate is not available. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022 . Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post-DDSA 2020). Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential
PRACTICE NOTES
This Practice Note explains what documents must be filed when commencing proceedings for a decree of nullity (an application for a matrimonial order). Note that it applies to applications that were issued prior to 6 April 202 It explains what to do if the marriage certificate is not available. It identifies the relevant documents including notice of proceeding and acknowledgment of service. On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 did not make substantive changes to the law regarding nullity proceedings, there were some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service. For proceedings commenced on or after 6 April 2022 see Practice Notes: • Commencing and filing nullity proceedings (post-DDSA 2020) • Standard cases—nullity