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GLOSSARY
An interlocutory appeal is an appeal brought before final judgment to challenge an interim order or procedural ruling, for example an injunction, disclosure order, security for costs, jurisdiction challenge, strike‑out, or case management decision. The expression is descriptive and used across civil (and, more exceptionally, criminal) procedure, with its operation set by court rules and statute rather than a single definition.Key features include: nearly always requiring permission/leave; short time limits; no automatic stay of proceedings (a stay or variation must be sought); and appellate restraint where the decision involved case management discretion. Interlocutory appeals are often expedited due to urgency.England and Wales: governed by CPR Part 52. Permission is generally required; routes depend on the level of judge; “second appeals” face an elevated test. Criminal interlocutory appeals are only available on specific statutory bases (e.g. certain evidential rulings: Criminal Justice Act 2003).Scotland: “interlocutor” is the standard term for any order. Appeals from interlocutors lie to the Sheriff Appeal Court or to the Inner House, typically with permission under the Courts Reform (Scotland) Act 2014.Northern Ireland: broadly mirrors England and Wales under the Rules of the Court of Judicature (NI), with permission and expedited timetables for interim orders.Ireland: interlocutory orders of the High Court are generally appealable to the Court of Appeal; the Supreme Court hears only with leave on constitutional criteria. Criminal interlocutory appeals are tightly circumscribed by statute.
GLOSSARY
An interlocutory judgment is a court decision given at an intermediate stage of proceedings, resolving a particular issue or granting temporary relief without finally determining all the parties’ rights. It commonly includes orders on interim injunctions, security for costs, summary judgment on part of a claim, directions about evidence or procedure, and rulings on preliminary issues such as jurisdiction or limitation.In England and Wales and Northern Ireland, the term is widely used in civil procedure and appears in rules of court and case law, often contrasted with a “final judgment”. In Scotland, similar concepts are referred to as “interlocutors”, but practitioners may still use “interlocutory” descriptively. In Ireland, the term “interlocutory order” or “interlocutory judgment” is used under the Rules of the Superior Courts for interim and procedural determinations.Interlocutory judgments can be crucial in shaping litigation strategy, preserving assets, narrowing issues for trial and influencing settlement. Appeal routes and time limits may differ from those for final judgments, and leave (permission) to appeal is often required, making accurate characterisation of a decision as interlocutory or final an important procedural question.
GLOSSARY
An interlocutory order is a court order made during the course of ongoing civil or criminal proceedings, rather than at their final determination. It regulates procedure or the parties’ interim rights and obligations so the case can progress fairly and efficiently.Across England and Wales, Scotland, Northern Ireland and Ireland, the term is used descriptively rather than as a single, codified statutory definition, though particular types of interlocutory order (for example, interim injunctions or interim interdicts, freezing orders, provisional measures, case management directions and disclosure orders) are governed by legislation and procedural rules.Interlocutory orders typically address issues such as preserving assets, maintaining the status quo, compelling or restricting conduct, timetabling, evidence, expenses or costs, and other interim relief. They are often made on an urgent or without notice basis, sometimes with a return date for reconsideration.Appeals from interlocutory orders are usually subject to specific procedural rules and permission requirements, with a general policy against fragmenting litigation. In Scots law, the term covers a broad range of interim and procedural orders (including certain “interlocutors”), but the practical effect is broadly consistent across the UK and Ireland.
GLOSSARY
An individual who performs certain duties which a personal representative would perform to administer a deceased’s estate intermeddles in the estate. By performing these duties, the individual holds themselves out to be a personal representative and is deemed to have accepted the role.
PRACTICE NOTES
What is intermeddling? An individual who performs certain duties which a personal representative (PR) would perform to administer a deceased’s estate intermeddles in the estate. By performing these duties, the individual holds themselves out to be a PR and is deemed to have accepted the role as PR. This is the case even if the individual is not entitled to be a PR or does not wish to be a PR of the deceased’s estate. An individual who intermeddles in an estate is liable as an executor de son tort (broadly translated, an executor by their own wrongdoing). The concept derives from the general principle that if someone without authority acts as if they have authority, they should be held accountable as if they actually had that authority. On a practical level, the concept prevents individuals from administering an estate deliberately without taking out a grant of representation and thereby escaping all liability for their actions. What constitutes intermeddling? Section 28 of the Administration of Estates Act 1925 (AEA 1925) provides
PRACTICE NOTES
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A, together with FPR 2010, PD 3AA, make provision as to the participation of vulnerable persons in family proceedings and the giving of evidence by vulnerable persons. The rules include provision for the court to make ‘participation directions’ as to the involvement of a vulnerable person, protected party or child in family proceedings, as well as the power to appoint an intermediary. See Practice Note: Vulnerable persons—participation and evidence in family proceedings. FPR 2010, SI 2010/2955, 3A.1 defines an intermediary as a person whose function is to: • communicate questions put to a witness or party • communicate to any person asking such questions the answers given by the witness or party in reply to them, and • explain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions In Re M (A Child: Intermediaries), the Court of Appeal said that intermediaries are ‘communication specialists’ and that
PRACTICE NOTES
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: Stamp duty and SDRT will, in 2027, be replaced with a single, self-assessed tax on transfers of securities, the securities transfer tax (STT) (formerly referred to as the securities transfer charge or STC), that will be paid (and reported) through electronic transfer systems such as CREST or, where appropriate, a new online portal. Draft legislation for the STT was published on 13 July 2026, along with explanatory notes, a policy paper and the outcome of the higher rate 1.5% stamp tax consultation. Subject to exemptions, the STT draft legislation includes a main charge of 0.5% for agreements to transfer chargeable securities to another person for consideration in money or money’s worth and, for transfers to a clearance service (CS) or depositary receipt issuer (DRI), a higher-rate charge of 1.5%. The main charge arises when an agreement is made or, in the case of a conditional agreement, when the conditions are satisfied, although, where the agreement is not electronic, the STT charge arises when
GLOSSARY
An intermediary refers to a person who does certain business in the financial and investment services.
PRACTICE NOTES
This Practice Note considers case management of claims which are allocated to the intermediate track for civil claims that are issued on or after 1 October 2023. The intermediate track is a case management track which applies to some civil claims issued on or after 1 October 2023. It was introduced as a case management track as part of changes to the CPR which came into force on 1 October 2023. Note that for personal injury claims, the rules set out in this Practice Note only apply where the cause of action accrued on or after 1 October 2023, and for disease claims where no letter of claim has been sent before 1 October 2023. Provisions relating to case management of claims on the intermediate track are largely contained in CPR 28 and CPR PD 28. References in this Practice Note to CPR 26, CPR PD 26, CPR 28, and CPR PD 28 are to those provisions as in force with effect from 1 October 2023. This Practice Note should be read in conjunction with:
NEWS
The Cabinet Office has published a Communiqué following the meeting of the Interministerial Group for Elections and Registration on 23 January 2024. The meeting was chaired by the Minister for Parliamentary Business, Scottish Government, George Adam, and attended by ministers of the Welsh and UK governments. The Interministerial Group considered issues regarding elections and electoral registration policy. Minister Adam noted the introduction of the Scottish Elections (Representation and Reform) Bill. Minister Hoare gave an update on the implementation of the Elections Act 2022 (EA 2022). Minister Antoniw reported on the introduction of two Bills: the Senedd Cymru (Members and Elections) Bill, which seeks to increase the size of the Senedd and decrease the length of time between general elections; and the Elections and Elected Bodies (Wales) Bill, which seeks to create an Electoral Management Board and adopt measures on undue influence, accessibility and campaign finance contained in EA 2022. Minister Baker stated that Northern Ireland has conformed to changes made regarding reserved elections in Great Britain as contained in EA 2022, save for changes regarding online absent vote applications. It was confirmed that the duty to call a Northern Ireland Assembly election would be deferred.
GLOSSARY
Intermittent leave describes a pattern of authorised absence from work taken in separate, non‑continuous blocks (for example, odd days or shorter recurring periods), rather than as one uninterrupted period of leave. It commonly arises in employment law where an employee needs time off for a fluctuating medical condition, disability‑related treatment, caring responsibilities or other recurring need.In the UK and Ireland, “intermittent leave” itself is not usually a defined statutory term, but is a practical label used in contracts, policies and HR practice, and in discussing rights under legislation such as sick leave, time off for dependants, maternity‑related leave, parental leave and other family‑friendly or reasonable adjustment arrangements.Key legal issues for employers and employees include: how intermittent leave interacts with continuity of service, pay and benefits; entitlement thresholds; evidential requirements (medical certificates or other proof); and protection from dismissal or detriment for exercising statutory rights. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the underlying statutory schemes and codes of practice differ and must be checked in each jurisdiction.
NEWS
Employment analysis: Where an employee is dismissed, and then brings an internal appeal against that dismissal, if that appeal overturns the dismissal then in law it will be as if no dismissal had ever occurred, even if the employee made explicitly clear when submitting the appeal that they have no intention of returning to their job whatever the outcome of the appeal may be, according to the EAT.