Reimbursement of additional costs resulting from death or incapacity of presiding judge Under the Administration of Justice Act 1985 (AJA 1985), where: • the judge (or judges), presiding at any civil proceedings in the Civil Division of the Court of Appeal, in the High Court, in the Family Court, or in the County Court, becomes temporarily or permanently incapacitated from presiding at the proceedings, or dies, at any time prior to the conclusion of the proceedings, and • any party represented at the proceedings incurs any additional costs in consequence of the judge's incapacity or death the Secretary of State may, if they think fit, reimburse that party

Transferring proceedings Transfer of proceedings may be automatic, requested by a party or initiated by the court. CPR 30 and associated practice direction CPR PD 30 deal with the transfer of proceedings. Note that CPR 30.2(4) does not relate to transfers from the County Court to the High Court (or vice versa). Jurisdiction to make such transfers is given by sections 41 or 42 of the County Courts Act 1984 (CCA 1984). In particular, CCA 1984, s 41(1) states: ‘If at any stage in proceedings commenced in the county court or transferred to a county court under section 40, the High Court thinks it desirable that the proceedings, or any part of them, should be heard and determined in the High Court, it may order the transfer to the High Court of the proceedings or, as the case may be, of that part of them.’ In addition, CCA 1984, s 42(2) states: ‘…the county court may order the transfer of any

Where the parties have agreed to vary the terms of a financial consent order, and the terms are capable of being varied by an order of the court, then the revised terms may be set out in a further order of the court. Section

Where the parties have agreed to vary the terms of a financial consent order, and the terms are capable of being varied by an order of the court, then the revised terms may be set out in a further order of the court. Section

Section 3 of the Protection from Harassment Act 1997 deals with civil claims for harassment. When determining the procedure by which such claims are brought in the civil courts you need to consider the rules in CPR 65, Part V (CPR 65.27). CPR

Procedure for changing solicitor To change solicitors in a Civil County Court, a party should consider the below points of action: • serve notice of change of solicitor (Form N434) on every other party. Note: where a party intends to change their solicitor or act in person having previously been represented, they will also have to serve notice on their former solicitor (CPR 42.2(2)(b) and CPR 42.2(2)(a)) • file notice of change at the court hearing the claim (CPR 42.2(2)(a)) • if the claim is in the County Court and you intend to file the notice in person (rather

Typically, planning application fees cannot be refunded. There are some exceptions to this general rule including under the ‘Planning Guarantee’ under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (the Fee Regulations), SI 2012/2920, reg 9A and where the application is invalid under the Fee Regulations, SI 2012/2920, reg 3(5). The Planning Guarantee requires that a planning application fee must be refunded to an applicant where the application has not been determined within 26 weeks unless an extension of time has been agreed in writing by the applicant and the local

Representation in the First Tier Tribunal (Property Chamber) is dealt with by the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, SI 2013/1169, r 14. Rule 14 reads as follows: 'Representatives 14. (1) A party may appoint a representative (whether legally qualified or not) to represent that party in the proceedings. (2) If a party appoints a representative, that party must send or deliver to the Tribunal and to each other party written notice of the representative’s name and address. (3) Anything permitted or required to be done by or provided to a party under these Rules, a practice direction or a direction may be done by or provided to the representative of that party except— (a) signing a witness statement; or (b) sending or delivering a notice under paragraph (2), if the representative is not a person who, for the purposes of the Legal Services Act 2007, is an authorised

A solicitor is ‘on the record’ for a litigant where the address for service of a party is the business address of that solicitor unless and until the procedure in CPR 42 is complied with. CPR 42 applies where a litigant wishes to change their solicitor or where a party having previously conducted the claim by a solicitor intends to act in person. In these circumstances the party or solicitor must file a notice of the change and serve it on every party and on the former solicitor. The

Section 25 of the Administration of Estates Act 1925 provides that the personal representatives may be ordered to give on oath an inventory and account of the estate (also, see Practice Note: Estate accounts). A typical example is where one of the beneficiaries has reason to believe that the value of the estate is worth more than what

Convening meetings The procedure for calling and conducting board meetings is usually set out in the company's articles. Accordingly, there is no prescribed period of notice that has to be given to directors when convening a board meeting, unless the articles specify one. The Model Articles specify that notice is to be given to each director (unless a director waives his right to receive notice no later than seven days after the meeting is held). Notice need not be in writing but it must specify the date, time and place where the meeting is to be held and, if it is contemplated that the directors will not all be in the same place, how it is proposed that they will be able to communicate with each other during the meeting. The meeting may be called by any director or by the company secretary if instructed to do so. Where Table A articles apply, the directors may, subject to the articles, regulate

Litigation within insolvency proceedings is usually commenced by way of issuing an application notice, although there are exceptions (for example, see Manolete v Hayward and Barrett Holdings). Application notices are used to issue proceedings brought under Parts I–XI of the Insolvency Act 1986 (IA 1986). The Insolvency