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GLOSSARY
The trial judge is the judge who presides over and determines a case at first instance. They manage the trial, rule on evidence and procedure, and, in a jury trial, direct the jury; in judge‑alone trials they find facts, apply the law and give judgment. They also conduct pre‑trial case management and interlocutory applications, and after trial give reasons, make orders (including costs) and, in crime, sentence.“Trial judge” is a descriptive expression, not a statutory term. It is used across the UK and Ireland in rules and case law to distinguish the first‑instance judge from an appellate court, and features in tests limiting appellate interference with findings of primary fact and discretionary case management decisions.Office‑holders acting as trial judge vary by forum and jurisdiction:- England & Wales: District, Circuit and High Court judges (civil); Circuit and High Court judges (Crown Court).- Scotland: sheriffs; Lords Ordinary and judges of the High Court of Justiciary.- Northern Ireland: district and county court judges (civil); Crown Court and High Court judges (criminal).- Ireland: Circuit Court judges (most trials); High Court judges (including the Central Criminal Court) and the Special Criminal Court.
NEWS
Dispute Resolution analysis: His Honour Judge Pelling, the trial judge in a piece of commercial litigation in England has approved an order by which he was appointed a special examiner to hear the evidence of sanctioned Russian defendant and a witness on his behalf, his son in Dubai. The witnesses could not give evidence in England and Wales due to a travel ban imposed by the sanctions contained in Russia (Sanctions) (EU Exit) Regulations 2019. This decision contrasts with a recent decision in the SKAT Litigation. Written by Phillip Patterson, barrister, Gatehouse Chambers.
NEWS
Dispute Resolution analysis: In Lexlaw Ltd v Zuberi [2017] EWHC 1350 (Ch), Master Clark sitting in the High Court, Chancery Division ordered a trial of the preliminary issue as to whether a Damages Based Agreement (DBA) was rendered unenforceable when it contained a clause providing for payment other than those payments defined by the DBA Regulations 2013, SI 2013/609, rr 4(1) and 4(3). The judge considered the previous authorities on when it is appropriate to order a trial of a preliminary issue including Steele v Steele [2001] All ER (D) 227 (Apr) and Lexi Holdings Plc v Pannone & Partners [2009] EWHC 3507 (Ch).
GLOSSARY
A trial on indictment is a trial of an indictable offence and consequently heard at the Crown court.
PRACTICE NOTES
This Practice Note sets out the requirements for witness statements for use at trials in the Business and Property Division signed on or after 6 April 2021 that are subject to the requirements of CPR PD 57AC. Introduction Evidence in a witness statement that is not a trial witness statement, as well as affidavits, are not affected by CPR PD 57AC (see CPR PD 57AC, para 1). For a Checklist to aid legal representatives preparing a witness statement subject to CPR PD 57AC, see: Checklist for legal representatives—trial witness statements subject to CPR PD 57AC. For guidance on writing a credible witness statement, see Practice Note: How to write a credible witness statement. Status of CPR PD 57AC CPR PD 57AC states explicitly that in the event of inconsistency between CPR PD 57AC and any other practice direction the provisions of CPR PD 57AC will prevail (CPR PD 57AC, para 1.5). Trial witness statements in the Business and Property Division must also comply with the Statement of Best
PRACTICE NOTES
This Practice Note lists and outlines the reported decisions taken since the coming into effect in April 2021 of CPR PD 57AC which deals with the preparation and contents of witness statements to be used at trials in the Business and Property Division. A summary of the decision and wider commentary is given in each case. Themes are identified from the judgments reported to date. Ambit of CPR PD 57AC The constituting ‘Business and Property Division’ are defined in CPR 57A.1(2). CPR PD 57AC is the third practice direction made under this rule. Under CPR 57A.3, the rules of the CPR apply to claims in the Business and Property Division unless a practice direction provides otherwise. With regard to the preparation of witness statements for use at trial in claims in the Business and Property Division, CPR PD 57AC does provide otherwise, and it was made under CPR 57A.3. It applies to all witness statements for use at a trial in the Business and Property
PRACTICE NOTES
This Practice Note explains solemn trial procedure in Scotland and should be read in conjunction with Scottish solemn criminal procedure—flowchart. For details of pre-trial preparation under the solemn procedure, see Practice Note: Solemn procedure in Scottish criminal proceedings. For guidance on the appeal procedures in Scotland for solemn crime, see Practice Note: Scottish criminal appeals—solemn procedure. For an introduction to the investigation and prosecution of criminal offences in Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure Several permanent reforms have been introduced by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Act 2025. These reforms replace previous temporary measures introduced during the COVID-19 pandemic. Practitioners should ensure all procedural references in this Practice Note are read in light of these statutory changes. Electronic signatures and document transmission Under sections 303C–303F of the Criminal Procedure (Scotland) Act 1995 (CP(S)A 1995), documents in criminal proceedings may be signed electronically and transmitted by electronic means to an
GLOSSARY
A situation where three or more persons are involved in a single removal of goods, e.g., where A (a German supplier) sells goods to B (a French trader), B sells the same goods to C (a UK customer), and A removes the goods to the UK in accordance with B's instructions.
GLOSSARY
A tribunal is a specialist body that decides particular types of legal disputes, often as a quicker, cheaper and more informal alternative to the ordinary courts. In practice, tribunals determine matters such as employment rights, immigration and asylum, social security, tax, planning, mental health, professional discipline and regulatory appeals.Across the UK and Ireland, “tribunal” is largely a descriptive term rather than a single, codified concept, though individual tribunals and tribunal systems are created and governed by specific statutes. In England and Wales, and Scotland, most reserved matters fall within the unified First-tier Tribunal and Upper Tribunal structure under the Tribunals, Courts and Enforcement Act 2007, alongside specialist bodies such as Employment Tribunals. Northern Ireland and Ireland each have their own tribunal systems, established under separate legislation, but serving similar adjudicative functions.Tribunals typically have legally qualified judges and lay members with subject-matter expertise, apply rules of procedure and evidence that are more flexible than those of the courts, and provide rights of appeal or judicial review. They are central to administrative and regulatory law, ensuring access to justice and the lawful exercise of public and professional powers.
NEWS
The Tribunal Procedure Committee (TPC) has launched a consultation on proposed amendments to the Tribunal Procedure (Upper Tribunal) Rules 2008, SI 2008/2698, relating to immigration judicial review proceedings in the Upper Tribunal (Immigration and Asylum Chamber). The proposed amendments seek to clarify aspects of the current procedure and align the Upper Tribunal's approach with that of the Administrative Court in relation to judicial review proceedings. The consultation closes on 12 June 2026.
NEWS
Employment news analysis: The Tribunal Procedure Committee (the TPC) has launched a prospective consultation on possible changes to the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013, SI 2013/1237. Responses to the consultation should be sent by 26 June 2024.
NEWS
The Tribunal Procedure Committee (TPC) has launched a consultation, seeking views on proposed amendments to Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, relating to the service of directions. The consultation follows the Upper Tribunal’s decision in Wyldecrest Parks Management Limited [2024] UKUT 402 (LC), which concluded that, under the current Rules, the First-tier Tribunal (FTT) must send its own directions rather than directing parties to serve them. In response, the TPC is proposing the introduction of Rule 7(6A), which would grant the FTT power to direct parties to serve its directions. The consultation closes on 9 July 2025.