Amending a statement of case A party can amend its statement of case after it has been served: • with the written consent of all the parties (CPR 17.1(2)(a)), or • with the permission of the court (CPR 17.1(2)(b)) See Practice Note: Amending a statement of case—introduction. Given that this relates to the address of the claimant rather than the claim itself the other parties should agree to the amendments. Written consent of the parties If the written content of the other parties is obtained to amend the claim form, CPR PD 17, para 2.1(1) provides that the amended statement of case and the court copy should be endorsed as follows: ‘Amended [Particulars of Claim or as maybe] under CPR [rule 17.1(1) or (2)(a)] dated....' Service The only provisions for service of an amended statement of claim are in relation to where the permission of the court has been obtained (CPR PD 17, para 1.3). There are no specific provisions

As set out in Practice Note: Probate actions—caveats, before a grant is sealed, a search is made in the index of caveats. If a caveat is found, the application will be stayed and the applicant for the grant notified. When an application for a grant is stopped by a caveat, the papers, including any testamentary documents, are generally retained by the registry. Practice Note: Probate actions—caveats sets out why a caveat may

This Q&A assumes that that the unincorporated association is not registered as a charity or subject to the regulation and rules of the Charity Commission. It is likely that the unincorporated football club run by its members is an unincorporated association. It may also be a Community Amateur Sports Club if it has registered with HMRC in order to benefit from certain tax reliefs. An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common

A firm which carries on regulated activities as defined in section 22 of the Financial Services and Markets Act 2000 (FSMA 2000) can only do so if it is authorised to do so by the Prudential Regulation Authority (PRA) or the Financial Conduct Authority (FCA) or is otherwise exempt. This is known as the general prohibition. For more information, see Practice Notes: The general prohibition and implications

There are a number of ways in which proceedings can be commenced in the criminal courts. Firstly, the accused could be arrested and charged, in which case it does not matter that they are of no fixed abode. As to other methods of instigating proceedings, these are set out in the Criminal Procedure Rules (CrimPR), SI 2020/759, r 7.1 which states: ‘…(1) This Part applies in a magistrates’ court where— (a)a prosecutor wants the court to issue a summons or warrant under section 1 of the Magistrates’ Courts Act 1980; (b)a prosecutor with the power to do so issues— (i)a written charge and requisition, or (ii)a written charge and single justice procedure notice under section 29 of the Criminal Justice Act 2003 (CJA 2003); (c)a person who is in custody is charged with an offence; or (d)the prosecutor alleges an offence against a defendant who is due to attend, or attends, the court in response to another allegation.’ Section 29 of the

For detailed information on an employer’s obligations under the Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), see Practice Notes: • The UK GDPR and DPA 2018: key data protection issues for employment lawyers • The UK GDPR and DPA 2018: lawful processing of personal data in employment Lawful processing Before processing personal information in a given situation, the controller will need to consider whether that processing is lawful under the UK GDPR and DPA 2018. The first task will be to ascertain the nature of the personal information in question and in particular: • whether it comprises personal data, special category data or personal data regarding criminal convictions and offences • whether there is scope for pseudonymising or anonymising the data Where personal data are being processed, the key obligations falling on controllers under the UK GDPR include (among others) ensuring that: • the data protection principles

Employment analysis: Employers will be under a new duty to take positive steps to prevent sexual harassment. Katie Russell, partner, and Rebecca Mullins, associate at Burges Salmon consider the duty and provide guidance on what those steps might look like.

An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common purpose • does not operate for the purpose of generating profit (in fact, if two or more persons carry on business for the purpose of making a profit, a partnership will be

Directors owe various duties to the companies of which they are directors. Some of these duties will have particular application to directors of a joint venture company. A common issue that arises in a joint venture is that directors appointed by a joint venture shareholder may well find themselves in a situation where there is a potential conflict between their duties as director of the joint venture company and their loyalty to their appointing shareholder of which they may be an employee (or an employee of a group company) or even a director. For further information, see Practice Note: Corporate joint ventures—directors' duties and shadow directors. Potential directors' conflicts of interest may arise where a joint venture director is required to vote upon a matter upon which its appointing shareholder has an interest. For example, where the joint venture company enters into a contract or arrangement with a joint venture shareholder

Practice Management analysis: Following the International Bar Association’s recent findings on the alarming prevalence of bullying and harassment within the legal profession, the spotlight has turned onto law firms and the responsibility they bear for fostering this culture. Harriet Bowtell, senior associate at Jones Chase Employment Lawyers, examines the endemic problems within the profession, and discusses what law firms can do to clamp down on harassment and bullying in the workplace.

The Neighbourhood Planning (Referendums) Regulations 2012 (NPRR 2012), SI 2012/2031, reg 4(1)(a)–(b) provides as follows: ‘…4.—Information to be made available in relation to referendums (1) Proper officer of the relevant council must ensure the information statement and the specified documents are— (a) published on the website of the relevant council; and (b) made available during the referendum period for inspection— (i) at the principal offices of the relevant council; and (ii) where the relevant council controls any premises which are open to the public in the referendum area, at such of those premises as the council considers appropriate having regard to the desirability of ensuring a geographical distribution of premises where the statement and documents are made available, provided that in all cases they are available at least at one such premises…’ The Planning practice guidance (PPG), in a new paragraph entitled ‘What changes have been introduced to neighbourhood planning

When a company enters into member voluntary liquidation (MVL), a liquidator is typically appointed by the company in a general meeting (section 91(1) of the Insolvency Act 1986 (IA 1986)). IA 1986, s 108 allows the court, where no liquidator is acting, to appoint a liquidator over the company. IA 1986, s 171(2)(a) states that a voluntary liquidator in a MVL may be removed by a general meeting of the company summoned specially for that purpose. IA 1986, s 171(3) states: ‘Where the liquidator in a members' voluntary winding up was appointed by the court under section 108, a meeting such as is mentioned in subsection (2)(a) shall be summoned only if— (a) the liquidator thinks