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PRECEDENTS
Panel 11 (transfer of whole)/panel 12 (transfer of part)—Additional provisions 1 Definitions [Document [s] • the document[s] specified in Schedule 1;] [Lease[s] • the lease[s] specified in Schedule 2 (including any document supplemental or collateral to [it OR them] or entered into in accordance with [its OR their] terms);] [Occupational Lease [s] • the
PRECEDENTS
1 Definitions Accessway means the accessway shown [as appropriate] on the Plan; Plan means the plan annexed to this Transfer; Retained Land means the Transferor’s land shown edged [as appropriate] on the Plan; Service Media means the conduits and equipment used for the reception, generation, passage and/or storage of Utilities; Utilities means electricity, gas, water, foul water and surface drainage,[ heating,] [ ventilation and air conditioning,] [ smoke and fumes,] signals, electronic communications and all other utilities serving or consumed at the Property. 2 Transfer The Property is transferred together with the rights set out in Schedule 1 but excepting and reserving to the Transferor the rights set out in Schedule 2. 3 Section 62 Section 62 of the Law of Property Act 1925 does not apply and except as expressly granted the Transferee is not entitled to any right of light or air or any other easement right or privilege which
PRACTICE NOTES
This Practice Note considers the particular defences and exceptions that may apply in discrimination, victimisation and harassment and certain other claims, known as prohibited conduct claims under the Equality Act 2010 (EqA 2010). It deals with: illegal contracts; actions required by legal enactments; national security; state immunity and diplomatic immunity; positive discrimination and positive action in employment; claims under equality of terms provisions; occupational requirements; selection of candidates by political parties; where there is an ethos based on religion or belief; organised religions; armed forces; competitive sports; communal accommodation; Sikhs wearing turbans on construction sites; seafarers; access to benefits due to marital status; benefits based on length of service; National Minimum Wage rates; childcare; redundancy payments; provision of certain benefits and age; and pension scheme exceptions. Which protected characteristics apply Except where stated, defences and exceptions outlined below apply in relation to all protected characteristics. This Practice Note also covers certain exceptions that are restricted to one or two specific types of discrimination: where this is the case, that restriction is made clear. What
GLOSSARY
A specific denial is a pleading in which a party expressly disputes an identified allegation of fact in the opponent’s statement of case (e.g., particulars of claim or statement of claim), giving reasons and, where appropriate, putting forward an alternative version of events. It contrasts with a general denial or non-admission. Its function is to give fair notice and to prevent allegations being treated as admitted.In England & Wales, CPR 16.5 requires defendants to state which allegations are denied and to explain why; any allegation not dealt with is treated as admitted, save as to the amount of damages. In Northern Ireland and Ireland, the Rules of the Superior Courts (NI: Order 18; Ireland: Order 19) require specific traverses of pleadings; general denials are insufficient and untraversed facts are taken to be admitted, except quantum. In Scotland, answers must address averments specifically; bare or blanket denials risk being disregarded as lacking fair notice, with unchallenged averments treated as admitted.Practically, specific denials are used in defences, replies and answers across civil procedure to define the issues for trial, avoid implied admissions, and support a positive case. Inadequate or evasive denials can attract strike-out, summary judgment, or adverse costs.
GLOSSARY
Specific disclosure is a form of disclosure limited to specific documents or categories of documents.
NEWS
The court in refusing to grant an application for specific disclosure has highlighted a number of issues for practitioners to consider when making such an application. In addition the court has confirmed that when making an application for inspection under CPR 31.14 this rule will only apply to documents referred to in those proceedings and will not apply to any proceedings which may be considered to be related.
PRACTICE NOTES
This Practice Note provides guidance on making an application for specific disclosure or specific inspection under CPR 31.12. It looks at why an application may be sought and its timing and applications for specific disclosure before and after disclosure. It discusses the contents of the application notice, the supporting evidence and draft order. It also sets out how the court can order a party to request any person to produce for disclosure and inspection any document which may support the case or adversely affect the case of any party to the proceedings. This Practice Note should be read in conjunction with: • Practice Notes: ◦ Specific disclosure—which provides guidance on what specific disclosure and specific inspection are and the circumstances in which they might be used, and ◦ Specific disclosure—the courts' approach—which provides guidance on the attitude that the courts take to applications under CPR 31.12 • Precedents: ◦ Witness statement in support of application for specific disclosure, and ◦ Order for specific disclosure Note: from 6 April 2026,
PRACTICE NOTES
This Practice Note looks at the courts’ approach to specific disclosure under CPR 31.12 as well as under article 6(1) and article 8 of the European Convention on Human Rights (ECHR). It identifies the principles applied (including in procurement cases) and deals with confidentiality; enhanced disclosure or train of enquiry documents; documents referred to in statements of case and witness statements; and complying with a specific disclosure and/or a specific inspection order. The interaction with applications for further information under CPR 18 is also explored. Finally, it offers practical tips on specific disclosure. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also wish to follow further guidance in Court specific guidance below. The Practice Note looks at the courts’ approach to specific disclosure under CPR 31.12 and should be read in conjunction with Practice Notes: • Specific disclosure, and • Specific disclosure—making an application Note: this Practice Note does not consider applications for
PRACTICE NOTES
This Practice Note considers specific evidential issues arising in public children proceedings, including propensity or similar fact evidence, previous convictions, multiple allegations, sensitive evidence in radicalisation cases and the disclosure of information relating to care proceedings. See also Practice Note: Evidence and witnesses in public children proceedings. For further practical guidance, see also: • Practice Note: Expert evidence in public children proceedings for practical guidance on expert evidence • Practice Notes: Public children—interaction between criminal and care proceedings and The disclosure of information between family and criminal agencies and jurisdictions for cases involving related criminal proceedings • Practice Notes: Public law children procedure—Public Law Outline: overview and key principles, Public law children procedure—commencing proceedings under the Public Law Outline, Public law children procedure—case management under the Public Law Outline and Public law children procedure—extensions to the timetable and withdrawal of proceedings regarding procedure in public children proceedings generally Radicalisation cases Whatever the difficulties, for instance in cases involving national security, the rules of evidence, and due process, still apply. Each party
GLOSSARY
A court order requiring a positive act of performance as a remedy.
PRACTICE NOTES
This Practice Note considers the position on final orders for specific implement and interim orders for specific implement in Scotland. For guidance on: • some other forms of relief in Scottish civil litigation, see Practice Notes: Retention and rescission in Scottish civil litigation and Interdict and interim interdict in Scottish civil litigation • the closest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes Key: • CR(S)A 2014—Courts Reform (Scotland) Act 2014 • LR(MP)(S)A 1940—Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 Specific implement—nature and scope Specific implement is a remedy granted by the court to compel a party to perform a non-monetary obligation (White and Carter (Councils) v McGregor and AMA (New Town) Ltd v Law). It is the appropriate remedy when a positive act of performance other than the payment of money is sought, such as the delivery of goods or the rendering of services. Under Scots law, and except against the Crown, specific implement is generally available
GLOSSARY
Most crimes which require proof of 'intention', and other offences which require proof of special mental states, are offences of 'specific intent'.