Ongoing obligation CPR 31 deals with the disclosure and inspection of documents. CPR 31.21 states that a party may not rely on any document which he fails to disclose or permit inspection of unless the court gives permission. However, here the document has been disclosed, albeit mistakenly late. The duty of disclosure is ongoing throughout the life of the proceedings, so that documents falling within the category of documents required to be disclosed pursuant to the disclosure order coming to the attention of the person signing the disclosure statement after the date of that statement must also be disclosed (CPR 31.11). See Practice Notes: • Disclosure under CPR 31—introduction—Disclosure obligations and failure to comply with these obligations for guidance on the consequences of failing to disclose • Disclosure—preparing the list of documents under Part 31—The disclosure statement for guidance

Practice Note: Admissions looks at the different provisions which apply when admitting the whole or part of a claim for a specified amount. If the claimant files a notice under CPR 14.5(3)(b) stating that they do not accept the amount admitted by the defendant and wish to proceed with

We assume that the claim occurred post-April 2013. In Practice Note: The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, it’s stated that the defendant’s insurer must send an electronic acknowledgement the next day after receipt of the claimant’s claim notification form (CNF). However, where a defendant denies liability, the protocol will cease to apply

There is no procedure contained within the CPR which allows for a party unilaterally to 'withdraw' a statement of case. Although a claimant can discontinue their claim, using the procedure set out in CPR 38, this specifically does not apply to defendants and there is no provision for the discontinuance of a defence to a claim. It is therefore not open to the defendant simply to seek to withdraw its defence. By CPR 17.1, if a statement of case has been served, a party may amend that statement of case only with the written consent of all of the other parties or with the permission of the court. If the defendant wishes to resile from its defence it would therefore require the permission of the court to replace it, even if that were to be a replacement with no defence. In

The UK’s departure from the EU on 31 January 2020 has implications for practitioners considering service on defendants located outside the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific. It is assumed that the question is asked from the point of view of a claimant wishing to serve a document on a defendant who has given a solicitor’s address within the jurisdiction for service. The short answer is no. The court’s permission is not required to serve a defendant who is located out of the

Section 179(3) of the Town and Country Planning Act 1990 states that: ‘(1) Where, at any time after the end of the period for compliance with an enforcement notice, any step required by the notice to be taken has not been taken or any activity required by the notice to cease is being carried on, the person who is then the owner of the land is

Varying a Part 36 offer Practice Note: How do you vary a Part 36 offer? outlines when and how you can vary a Part 36 offer and the consequences of variation which will depend, in part, on whether the varied offer is more or less advantageous to the offeree than the original Part 36 offer, as considered under the revised CPR 36 in force as of 6 April 2015. • When—a Part 36 offer can only be varied if the offeree has not already served a notice of acceptance of it (CPR 36.9(1)). You do not need the court's permission to vary a Part 36 offer if doing so after expiry of the Relevant Period • Varying, to make it less advantageous to the offeree, in the Relevant Period—extra rules apply (CPR 36.10) where you wish to vary your Part 36 offer so as to make

The validity, eligibility and suitability requirements for entry clearance in the Skilled Worker route are found in Immigration Rules, Appendix Skilled Worker. In the eligibility requirements, under the 20 mandatory points for sponsorship head, Immigration Rules, Appendix Skilled Worker, para SW 5.1 states that: 'the applicant must have a valid Certificate of Sponsorship for the job they are planning to do; which to be valid

This Q&A assumes that the pension schemes concerned are defined contribution schemes. Regulation 5 of the Occupational Pension Schemes (Charges and Governance) Regulations 2015, SI 2015/879 (SI 2015/879, reg 5) contains a prohibition on charge structures other than single or combination charge structures. A single charge structure is defined under SI 2015/879, reg 5(2) as a structure which imposes an existing rights charge on the member, ie a charge calculated solely by reference to the value of the member's rights under the scheme. Conversely, under SI 2015/879, reg 5(3), a combination charge structure is one which imposes a combination of: • an existing rights charge on the member, and • another type of charge (either a flat fee or a charge calculated as a

Under section 265 of the Housing Act 1985 (HA 1985), a local housing authority may issue a demolition order for a dwelling or house in multiple occupation (HMO) if certain hazards exist. However, the issuance of a demolition order under this section does not automatically remove the requirement for planning permission to carry out the demolition. Planning permission is generally required for demolition under section 55(1)(a) of the Town and Country Planning Act 1990 (TCPA 1990), which defines demolition as a form of ‘development’,

Every person granted leave to enter or remain to the UK (under section 3(1) of the Immigration Act 1971 (IA 1971), has their own, separate, immigration status. Where a person is granted leave as a dependent of a Student, this will be under the relevant Immigration Rules. So, a partner of a Student will be granted leave under Immigration Rules: Appendix Student, para-ST 38.1. On successful grant, a dependent partner of a Student is granted permission which ends on the same date as the Student’s permission. A dependent child is granted permission which ends on the same date as

As set out in Practice Note: Conditions of permission to enter or stay in the UK, access to NHS services does not fall within the definition of ‘public funds’ (to which Tier 2 dependants do not have recourse). In relation to the first question, then, if the Tier 2 dependant has paid the Immigration Health Surcharge—a mandatory part of the entry clearance application—they can use the NHS as would any other person ‘ordinarily resident’ in the UK. The government