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PRECEDENTS
ARCHIVED: This Precedent has been archived and is no longer maintained. For guidance on creating a draft order for an interim application, see Practice Note: Creating a draft order for an interim application. Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The Honourable Mr Justice OR The Honourable Mrs
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge][insert name] dated: [insert date] between:
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date]
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge OR [insert claim name] dated: [insert date] between:
PRECEDENTS
Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] [Insert court, list or sub-list and venue as appropriate] THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY WORK before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name]        Claimant/Applicant and [insert name]        Defendant/Respondent _________________________________________________________ [ draft ] Order
NEWS
Family analysis: In Des Pallieres v Des Pallieres, the Court of Appeal held that Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 4.1(6) could not be construed so as to permit the court to retrospectively vary or revoke an order made by the court to register an overseas order where the applicant had in error used the wrong form and had cited the incorrect legislative provision and procedure. The judgment serves as a pertinent reminder to practitioners to ensure that the correct forms, procedure and legislative provisions are used and cited when making an application, as even if the purpose of the application is clear to the applicant, the court cannot retrospectively vary an order where there is a fundamental error in the application. Stuart Clark, partner and solicitor at The International Family Law Group LLP, examines the issues.
PRECEDENTS
Court Reference No: [INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION INSOLVENCY AND COMPANIES LIST, ROLLS BUILDING, LONDON OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION INSOLVENCY AND COMPANIES LIST IN [insert location] OR IN THE COUNTY COURT AT [insert location] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [INSERT COMPANY NAME] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 Before [Name AND TITLE of judge] Dated [Date of order] Between [Name of applicant] Applicant and [Name of company] Respondent Order OF APPOINTMENT OF PROVISIONAL LIQUIDATOR Upon the application of [name of Applicant] dated [date of application], And upon hearing Counsel for the Applicant [and for the Respondent] [and the Official Receiver], And
GLOSSARY
Order of authorities describes the structured list of cases, legislation and other legal materials relied on in written or oral submissions, usually arranged in a logical and hierarchical sequence. It is not a term defined by statute or case law, but a widely used procedural and advocacy expression across the courts of England and Wales, Scotland, Northern Ireland and Ireland. An order of authorities will typically identify binding precedents (such as Supreme Court or Court of Appeal decisions) before persuasive authorities, and primary legislation before secondary legislation or commentary. It is usually cross‑referenced to a bundle of authorities and to pinpoint citations used in skeleton arguments, written submissions or notes of argument. Courts may prescribe specific formats in practice directions or court guides, including requirements on numbering, neutral citations and page/paragraph references. An effective order of authorities assists the judge in locating and prioritising relevant legal sources, helps avoid duplication between parties, and supports efficient hearing management and judicial decision‑making in civil, criminal and appellate proceedings.
CHECKLISTS
For further information relating to each of these stages, see the following Practice Notes: • Case management in the magistrates’ courts • The life of a criminal
GLOSSARY
An order of examination is a court order compelling a person, usually a judgment debtor or a relevant third party, to attend court (or, in modern practice, sometimes a remote hearing) to be questioned on oath about specified matters, most commonly their assets, income, liabilities or dealings. It is a procedural tool used to obtain information needed to enforce a judgment, trace assets or clarify disputed facts.In England and Wales, the closest formal procedure is an order to obtain information from a judgment debtor (formerly an oral examination) under the Civil Procedure Rules. In Northern Ireland, similar powers exist under the county court and High Court rules. In Ireland, the courts may order the examination of a debtor or other person in aid of execution under the Rules of the Superior Courts and District Court Rules. In Scotland, analogous information‑gathering may occur within diligence procedures, though the phrase “order of examination” is less commonly used as a term of art.The term is therefore mainly a descriptive expression for court‑ordered oral questioning, rather than a uniformly defined statutory concept across the UK and Ireland.
PRACTICE NOTES
Order of play in the multi-track, intermediate track and fast track The judge will usually have read the papers and may wish to dispense with an opening address. When acting for the claimant, the easiest way to proceed is for the advocate to ask the judge whether they have had an opportunity to read the papers (and, where relevant, skeleton arguments) and whether they would like the advocate to open the case. The order of play may depend on the track in which the case is proceeding and/or the venue but the following is a typical order of play for a trial, subject to the trial judge’s direction: • claimant’s opening • defendant’s/other parties’ opening • claimant’s evidence • defendant’s evidence • claimant’s closing submissions • defendant’s closing submissions • claimant’s reply • judgment • costs and consequential orders In more complex trials, the court may require the parties to provide written closing submissions before oral closing submissions. A typical civil trial At the outset of the trial, any outstanding procedural and administrative