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This Q&A considers CPR 3.13 and what the costs budget requirements are where a non-monetary claim is brought. We have assumed that your query refers to a non-monetary claim only as opposed to a claim a claim for money, which also includes or involves a non-monetary claim. Filing and exchanging costs budgets CPR 3.13 sets out the rules for the timing of filing and exchanging budgets and budget discussion reports and states: '(1) Unless the court otherwise orders, all parties except litigants in person must file and exchange budgets— (a) where the stated value of the claim on the claim form is less than £50,000, with their directions questionnaires; or (b) in any other case, not later than 21 days before the first case management conference. (2) In the event that a party files and exchanges
Q&As
If a default judgment has already been entered and the defendant wishes to defend the claim, an application should be made to set it aside. Under CPR 13.3(2) that application must be made promptly. What constitutes ‘promptly’ will
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Initial point to consider regarding timing As the creditor will now presumably be in a position to present a bankruptcy petition against the debtor following the dismissal of the application to set aside the statutory demand, it is preferable to pursue any appeal as soon as practicably possible (and prior to any bankruptcy petition being presented against the debtor, if possible). We refer to our Practice Note: Disputed statutory demands and in particular the section entitled Steps to take and when in personal insolvency, which confirms that if the court considers the statutory demand is valid and dismisses an application to set it aside, it can, pursuant to rule 6.5(6) of the Insolvency Rules 1986 (IR 1986), SI 1986/1925,
Q&As
As noted in flowchart: Legal system for civil tax appeals in England and Wales—flowchart, if permission to appeal is allowed, an appeal against a decision of the Upper Tribunal (Tax and Chancery Chamber) (UT) is normally heard by the Court of Appeal. (In fact, the UT must specify which of the Court of Appeal in England and Wales, the Court of Session or the Court of Appeal in Northern Ireland is the most appropriate venue for the appeal. For the purposes of the guidance provided below, it is assumed that the Court of Appeal is the appropriate appellate court.) The information below is based on the time limits that normally apply. However, it is worth bearing in mind that tribunals/courts may extend time limits and allow late appeals and that, during the coronavirus (COVID-19) pandemic, the tribunals/courts
Q&As
In a matter concerning a child or young person’s special education needs, the time limit is 28 days from the date on which the decision was issued. This Q&A assumes that the decision to be appealed is a decision of the FTT (Health, Education and Social Care Chamber) sitting in England. The procedures of the FTT (Health, Education and Social Care Chamber) are governed by the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 (as amended) (FTT (HESCC)), SI 2008/2699. Appeals from the FTT are governed by rule 46 of the FTT rules. However, since the right of appeal is to the Upper Tribunal (UT) (Administrative Appeals Chamber),
Q&As
Background A claim will be automatically struck out under CPR 3.7A1 if the claimant has not paid the court fee by the time and date stipulated in a fee notice, provided the court has complied with the requirements as to such notice. These include the amount of the fee, the time and date deadline, and notice of the consequence of failure to pay in time. Time limit for reinstatement After such striking-out any application to reinstate should be made under
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We refer you to Practice Note: Commencing criminal proceedings—applying for the issue of a summons under the heading Time limits for summary only offences which includes information we hope you will find helpful in relation to your question. Time limit for commencing a prosecution for a summary only criminal offence The general rule for time limits on summary only offences is that prosecutions will be time barred if information is laid more than six months after the date of the offence. The magistrates court allows for different time limits to apply where they are explicitly provided for in statutes. This is replicated in rule 7.2(10) of the Criminal Procedure Rules. Provided it is laid within that time, it does not matter if the summons is not issued by the court within that time limit. Failure to observe these statutory
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What is the time limit for bringing a prosecution for an offence committed under the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4)(a) for failing to comply with a notice under EPR 2016, SI 2016/1154, reg 61(1) requiring the provision of information, without reasonable excuse? The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154, reg 38(4) creates a number of offences concerning failure to comply with information requests without reasonable excuse, creating false records, or providing false or misleading information. Per EPR 2016, SI 2016/1154, reg 39(4), a person found guilty of an offence committed under EPR 2016, SI 2016/1154, reg 38(4)(a) is liable:
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Time limit for commencing detailed assessment proceedings Detailed assessment proceedings must be started within three calendar months (CPR 2.10) of the event that gives the receiving party the right to detailed assessment (CPR 47.7). Alternatively within the time period specified by any direction of the court (CPR 47.8). The three month period is calculated as follows: • following a judgment, direction, order, award or other determination: three months after the date of judgment, etc. Where detailed assessment is stayed pending appeal, three months after the date of the order lifting
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The length of leases subject to compulsory registration was reduced by the Land Registration Act 2002 (LRA 2002) from those of at least 21 years to those more than seven years (LRA 2002, s 4(1)(c)). This means that many more new business leases are subject to compulsory registration than were previously. New leases New leases granted out of unregistered land for a term of more than seven years from the date of the grant, out of either an unregistered freehold or leasehold estates, will be compulsorily registrable provided they are either: • for valuable or other consideration—that under LRA 2002, s 4(6) includes estates that have a negative value • by way of a gift—LRA 2002, s 4(7) provides for ◦ grants for the purpose of setting up a trust, where the person setting up the trust, ‘the settlor’, does not retain the whole of the beneficial interest ◦ transfers of
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The time limit for commencing a prosecution depends on the offence committed, however we refer you to the Q&A: Is there a limitation period for prosecutions brought by a highway authority in respect of a criminal offence under section 219(2) of the Highways Act 1980? which you may find useful for your purposes. Offences under the Highways Act (HiA 1980) are summary only offences (except as provided by HiA 1980, ss 292(4) and
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Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) sets out strict timescales for the completion of a statutory lease extension of qualifying residential premises. The parties can apply to the FTT for a determination as to the ‘terms of acquisition’ after the expiry of two months following service of a landlord’s counter-notice, but the tenant must make an application for a determination within six months of service of a counter-notice if terms cannot be agreed. Once terms have been agreed or determined, the parties have a four-month window to complete the new lease, failing which, the onus is on the tenant to make an application to the court for an appropriate order. LRHUDA 1993, s 48(7) defines ‘terms of acquisition’ as: ‘the terms on which the tenant is to acquire