We have assumed for the purpose of this Q&A that you are not referring to group litigation, rather a single cause of action with multiple claimants arising from the same facts. This Q&A refers to completion of standard court Form N1 where there are multiple defendants. This form is generally used for commencement of proceedings as set out in CPR Part 7 and CPR PD 7A. Part 4 of CPR PD 7A provides some guidance on multiple parties: ‘4.1 The claim form and every other statement of case, must be headed with the title of the proceedings. The title should state: (1) the number of the proceedings, (2) the court or Division in which they are proceeding, (3) the full name of each party, (4)

See our Practice Note A summary of types of private residential tenancies and our Q&A—What are the different types of residential tenancies? The issue is covered in Library—see Claims to Possession of Land, B1.2: A fixed term tenancy has a definite commencement date and a definite duration. It thus has a precise date on which it expires. At common law the tenant's right to possession then ceases and the landlord becomes entitled to possession. No notice to quit is

A distinction has to be drawn between a Tomlin Order and a Consent Order as the methods by which enforcement can be commenced differ. A Consent Order is an order of the court and is usually appropriate for a simple settlement whereby money is to be paid by one party to another (even in cases whereby the agreement is for payment of monies by installments). Being an order of the court for specific terms, an appropriately drafted Consent Order will be enforceable immediately upon default of those terms. This Q&A has, however, referred to a Tomlin Order. A traditional Tomlin Order is an order of the court that stays proceedings in accordance with the terms of a schedule. A Tomlin Order will

Part 36 CPR 36 is a widely known and used set of prescriptive rules for settlement offers, with clearly defined costs consequences. Offers of settlement not made in accordance with Part 36 can still be taken into account by the court, as happened in Calderbank v Calderbank, but there is less certainty as to the consequence of such offers. CPR 36.17 applies in respect of offers that were never accepted, and CPR 36.13 applies in respect of offers that were accepted. The overarching principle is that parties should accept offers which they will not better at trial, and claimants should not delay in accepting such offers. The stipulated costs consequences follow from this (see Practice Note: Part 36 offers—costs consequences of rejection or non-acceptance). Defendants should not delay in accepting offers either, but Part 36 imposes no penalty beyond the fact that

Knowing the defendant Practice Note: Successful enforcement—knowing your defendant confirms the importance, at the outset of proceedings, of knowing who your defendant is and their potential financial worth. The Practice Note sets out the different investigations you can carry out to this end, eg: • whether the defendant is insured • any bank accounts or property the defendant may have in their name • is the defendant worth pursuing? Especially if the defendant is not insured • the location of any valuable assets the defendant may have and whether they are within the jurisdiction The above information can be a vital part of the investigation and can be gathered in various ways, ie thought discussions, client’s papers (photocopied document containing the relevant information), Companies House and Land Registry searchers or the help of a private investigator. It is important that any information collated against the defendant is kept up to date and any changes to the either parties situations are noted

This Q&A considers subject access requests under the Regulation (EU) 2016/679, General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) to the extent it implements provisions related to and permitted derogations from the GDPR into UK law. It does not consider other data protection law (such as the ‘applied GDPR’, law enforcement processing or intelligence services processing regimes under the DPA 2018—see Practice Note: The Data Protection Act 2018). Where a subject access request has not been complied there are a number of courses of action available to the requesting party, in particular see, ‘Remedies and compensation available to data subjects’ in Practice Note: Rights of data subjects. Article 79 of Regulation (EU) 2016/679, the GDPR provides data subjects with the right to an effective judicial remedy against a controller or processor. In the UK, the GDPR is supplemented by the DPA 2018. DPA 2018, s 167

Which enforcement regime applies Ireland is an EU Member State. When seeking to enforce a judgment in England and Wales that was given in proceedings commenced in the Irish courts before 31 December 2020, the enforcement provisions in Regulation (EU) 1215/2012, Brussels I (recast) apply. This is due to provisions in Article 67 and 69 of the Withdrawal Agreement between the EU and the UK and The Civil Jurisdiction and Judgments (Amendment)(EU Exit) Regulations 2019, SI 2019/479, reg 93 as amended by The Civil, Criminal and Family Justice (Amendment)(EU Exit) Regulations 2020, SI 2020/1493, reg 5(4). For guidance on the enforcement procedure under Brussels I (recast), see Practice Notes: E&W Brussels I recast—recognition of judgments and E&W Brussels I recast—enforcement of judgments. CPR provisions and

If a person wishes to sell a property against the wishes of another co-owner, they can apply to court for an order for sale, assuming they are a tenant in common (if not, there may also need to be a notice of severance served—see Practice Note: Severance of a joint tenancy), under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). In exercising its discretion as to whether to make an order for sale, the court will give due consideration to the factors listed under TOLATA 1996, s 15. Under the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132, there are a choice

The principles applicable to acquisition of easements by prescription are set out in Practice Note: Acquisition of easements by long use. An easement obtained by prescription is a legal easement notwithstanding that it has not been registered. However, registration will avoid the risk, which arises in certain circumstances, that it may not bind a purchaser on a registered disposition. Information about the application for registration

Online filing—certain information can be filed with Companies House electronically and this was the case even before the new measures were introduced to address the coronavirus pandemic. Companies House has published guidance, which explains the process and includes a list of documents that can be sent to Companies House using this procedure. Documents sanctioning a Part 26A restructuring plan (or Part 26 scheme) are not included in the list of

According to Environment Agency guidance on riparian ownership (EA guidance) p 31, a culvert is a covered channel or pipe designed to prevent the obstruction of a watercourse or drainage path by an artificial construction. Culvert is not defined in Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011, SI 2011/1566 or the Water Industry Act 1991 (WIA 1991). Responsibility for the maintenance of any culverted watercourse usually lies with the ‘riparian owner’, see Practice Note: Riparian ownership—rights and responsibilities for further information. Where the ownership of a watercourse culvert cannot be established, then it is assumed to be the responsibility of the riparian owner. A culvert under a road is not considered a highway drain. From a practical perspective, different bodies may be responsible for culverts outside of private land depending on the nature

There is no requirement to have more than one executor, except where a beneficiary under a Will is a minor or a life interest arises under the Will. See section 114(2) of the Senior Courts Act 1981 (SCA 1981). If there is any minority or life interest in the estate, whether arising under the Will or under any partial intestacy, administration (with Will) may not normally be granted to a single individual, but must be granted to a trust corporation (with or without an individual) or to not less than two individuals. For this reason, as well as for other reasons, it is often recommended that a testator should appoint two executors. This can prevent an issue under SCA 1981, s 114(2) arising as well as being expedient in other circumstances. For example, where the deceased was the last or sole surviving trustee of an estate, two trustees can exercise any trust or power that was vested in