CPR PD 3E, para 4(b) provides: ‘In cases where a party's budgeted costs do not exceed £25,000 or the value of the claim as stated on the claim form is less than £50,000, the parties must only use the first page of Precedent H.’ There

Where a legal estate is vested in two or more persons those joint proprietors are treated in law as a single owner: Hammersmith LBC v Monk. A, B and C must hold the legal estate of the relevant property as legal joint tenants (section 36(2) of the Law of Property Act 1925). They may hold the beneficial interest in the property as tenants in common. It

It is an unfortunate aspect of family law that in some cases extremely serious incidents of domestic violence characterise the relationship. In such circumstances it is understandable that a party seeking to flee such a relationship will not wish to risk further retribution by taking the first step towards freedom and issuing divorce proceedings. A petition for divorce will set out that the marriage has irretrievably broken down, and will set out the grounds which are relied upon. In a case of domestic violence, it is likely that the ground will be intolerable behaviour. The petition is sent to the court, but also needs to be served upon the other spouse, who is required to acknowledge the same. Therefore, while there is no requirement to notify the violent

In answering this Q&A we have limited our research to cover personal injury cases. For information in respect of conditional fee agreements (CFAs) and after-the-event (ATE) insurance taken out prior to 1 April 2013 and ‘additional liabilities’ to be paid by the losing opponent, see Chapter 6 'Old' Conditional Fee Agreements and ATE insurance: Cook on Costs [6.1]. The old costs rules

CPR PD 44, para 9.2 outlines the circumstances in which a court will generally make a summary assessment of costs: ‘The general rule is that the court should make a summary assessment of the costs— (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b)

CPR 32 governs evidence in civil cases. By CPR 32.1 the court can control the evidence by giving directions as to the issues on which it requires evidence, the nature of the evidence which it requires to decide those issues, and the way in which the evidence is to be placed before the court. By CPR 32.2, the general rule is that any fact that needs to be provide by the evidence of witnesses is to be proved at trial by their

As a starting point, appeals from the magistrates’ court to the Crown Court are normally only available in criminal cases. This follows from section 108 of the Magistrates’ Courts Act 1980 (MCA 1980). In addition, some appeals concerning gaming and betting licences lie from the magistrates’ court to the Crown Court. Civil appeals in the Crown Court are governed by the Crown Court Rules 1982 (CCR 1982), SI 1982/1109 (as amended) and criminal appeals procedure is set out in the Criminal Procedure Rules 2020 (CrimPR 2020), SI 2020/759, Pt 34. In addition, MCA 1980, s 111 allows appeals by way of case stated. This extends to both civil and criminal matters. The destination for such appeals is the High Court (either the Queen’s Bench Division

It will often be the case that, where a claim is brought against more than one party, whether on the basis of multiple linked causes of action or in the alternative, the quantum of the claim may vary depending on against whom the claim succeeds. This might well be the case where, for example, the claim is for contractual interest, as in this scenario, and thus the quantum will depend upon who is liable. CPR 16.3 provides that where a claimant is making a claim for money, they must, in the claim form, state the amount of money claimed, and the claimant expects to

This Q&A considers whether there is a limitation period that applies for the collection and enforcement of arrears of child maintenance. It specifically looks at arrears accrued under an arrangement with the child support agency (CSA) or child maintenance service (CMS), but also touches on arrears pursuant to an order under the Matrimonial Causes Act 1973 (MCA 1973). There are two means of enforcement under the Child Support Act 1991 (CSA 1991), either administrative orders such as deduction from earnings orders or lump sum deduction orders, or enforcement following a liability order. CSA 1991, s 33 provides for ‘liability orders’ which are granted by the CMS if a person falls into arrears in making their payments and a deduction from earnings order is inappropriate or has been made but has proved ineffective.

It is unclear from the propositions set out above whether the defendant has participated in the action and/or otherwise can be said to have acknowledged the proceedings and thus liable for any judgment. If that is the case, then it may be possible to take steps to enforce the judgment, notwithstanding the error; however, there is the unavoidable risk that the defendant may use said error in order to resist or otherwise delay enforcement action. Accordingly, in both of the proposed

The new employer of the former employee may be made a party to any litigation involving the target employee as a result of the operation of the economic torts, including: • inducement/ procurement of breach of contract • conspiracy (lawful means conspiracy and unlawful means conspiracy), and • unlawful interference with business At final trial, an award of damages may be made against the offending employee's new employer for these economic torts. Where the damages claimed arise from a tort, the court seeks to place the claimant in the

No. There is no express exemption to the two-year ownership requirement for properties transferred between group companies within that two-year period. A tenant must have been the tenant under the long lease for at least two years (sections 39(2) and (3) of the Leasehold Reform,