It is assumed for the purposes of this Q&A that the claim has been brought within the applicable limitation period, and any amendment to the relevant statements of case would be made within the relevant limitation period. Where amendment is to be made following the expiry of limitation, see Practice Note: Limitation—amending a party name and substituting or adding (joinder) of parties. A fundamental feature of the civil litigation process is that claims must be brought by an identifiable entity who has a cause of action against another. Proceedings are commenced through the issue of a claim form which should identify the parties as claimant and defendant respectively, providing the name of the party and an address for service. CPR PD 2.6 confirms that the claim form must be headed with the title of proceedings, including the full name

The early conciliation (EC) requirement applies to 'relevant proceedings'. A claim for unfair dismissal constitutes relevant proceedings. Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014, SI 2014/254, reg 3(1), provides that a prospective claimant may institute relevant proceedings (or other proceedings to which the EC requirement applies) without complying with the EC requirement where any one of five exemptions applies. Regulation 3(1)(d) provides that an exemption applies where the proceedings

Case study: T has a leasehold interest in a residential dwelling which arises from a lease of a term of 300 years created in 1755. The lease has with 39 years remaining. No rent is paid and there is no copy lease available. The freeholder is unknown and there is no registered freehold interest. What are the rights or obligations of T upon the expiry of the remaining term? The conditions for enlargement (converting a leasehold interest into a freehold interest) are as follows: • the term as originally granted was for not less than 300 years, and • there are at least 200 years unexpired at the date of enlargement Therefore, in the case study, the lease cannot be enlarged as there are not 200 years unexpired. For further information, see Practice Note: Enlargement of long terms. In all likelihood, the position upon expiry of

If there is no cash consideration for the sale of the shares immediately following exercise of the enterprise management incentives scheme (EMI) options then a cashless exercise is not possible. In addition, HMRC guidance makes clear that a net settlement of EMI share options is also not permitted and the use of such a mechanism would result in the loss of the EMI tax advantaged treatment of the share options. For details of what it means

Consideration should be given both to whether a business transfer arises and whether a service provision change (SPC) arises under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246. See Practice Notes: TUPE—business transfers and TUPE—service provision changes. An SPC may involve any one of three possibilities: • outsourcing: where activities cease to be carried out by a person (‘a client’) on his own behalf and are carried out instead by another person on the client's behalf (‘a contractor’) • change of contractor: where activities cease to be carried out by a contractor on a client’s behalf (whether or not those activities had previously been carried out by the client on his own behalf) and are carried out instead by another person (‘a subsequent

When a judgment or order takes effect The starting point is that a judgment or order takes effect from the day when it is given or made unless a later date is specified. CPR 40.12: The slip rule The ‘slip rule’ contained within CPR 40.12 allows the court to correct an accidental slip or omission in a judgment or order. This can be done at any time. The rule can only be used to correct genuine errors. It cannot be used to correct an error of substance or be used as a device to try and add to the original order. The most common

By CPR PD 57A paragraph 3.1, the Business and Property Courts may, subject to CPR 30.2, 30.5 and 59.3, order the proceedings in those courts, or any part of such proceedings, be transferred to another hearing centre. By paragraph 3.2, in addition to the provisions set out in CPR 30.3, the Business and Property Courts must have regard, when considering whether to make an order for transfer from the Business and Property Courts to a County Court hearing centre, to the nature of the claim and the availability

Experts and those instructing them are expected to have regard to: • all relevant CPR Rules and Practice Directions, and • the Guidance for the instruction of experts in civil claims ('the Guidance'). Note: on 1 December 2014, the Guidance replaced the 'Protocol for the Instruction of Experts to give Evidence in Civil Claims' which had been annexed to CPR PD 35 • Practice Direction Pre-Action Conduct and Protocols, para 7, and • any relevant provisions depending on the track and/or the court in which your matter is proceeding The court's power to direct evidence be given by a single joint expert ('SJE') is within CPR 35.7(1). See Practice Note: Single joint experts. CPR 35.4 provides there is no right for a party to call an expert to give oral evidence at trial or to put in (and seek to rely on) an expert's report without the court's permission,

In this case the provisions in CPR 70.2A may be of assistance. This provides that: '… if a mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied

Authority of administrator We refer you to Practice Note: Personal representatives—authority prior to grant of representation which explains the authority of administrators prior to receipt of the grant of letters of administration. You will see from this Practice Note that the office of administrator derives entirely from the grant of administration and the deceased’s property does not vest in the administrator until the grant. This is distinct from the office of executor, which derives from the deceased’s Will, with the grant of probate merely confirming the executor’s authority to act. The deceased’s property vests in the executor from the date of death whereas in an intestacy, the deceased’s property does not vest in the administrator until the grant is issued.

The Practice Note: Individual savings accounts provides an overview of the current rules relating to ISAs, including the new transferable ISA allowance. This Practice Note explains that, for deaths on or after 3 December 2014, a surviving spouse or civil partner is granted an additional ISA allowance equivalent to the value of the deceased’s ISA(s). This is equivalent to the total ISA savings of the deceased at the date of death, including

CPR 10.1(3)(b) states that a defendant may file an acknowledgement of service if he wishes to dispute the court’s jurisdiction. Thereafter, the procedure for contesting the jurisdiction of the court is contained within the one-rule Part 11. CPR 11(1) states that a defendant who wishes to either (a) dispute the court’s jurisdiction to try the claim or (b) argue that the court should not exercise its jurisdiction may apply to the court for an order for a declaration in those terms. CPR 11(2) is then couched in mandatory terms: ‘A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.’ That means that the defendant must comply with all of the requirements of Pt 10, including the time limits for filing imposed by 10.3. CPR 11(3) confirms that the mere filing of an