Section 18 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) makes it an offence to knowingly use or disclose an object or information disclosed in the unused material if the use or disclosure contravenes CPIA 1996, s 17. The magistrates' court may commit a person guilty of this contempt to prison for a maximum of six months and/or impose a fine. The Crown Court may commit to custody for a maximum of two years and/or impose an unlimited fine. CPIA 1996, s 17 confirms that any material which has been disclosed in accordance with CPIA 1966 may only be used in

Default judgments CPR 12 and CPR PD 12 set out the rules and procedure for obtaining a default judgment following a failure by a defendant to file an acknowledgement of service and/or defence. There are two means by which a default judgment may be obtained: • by application to the court—this allows for recovery of costs • by request—this provides for the recovery of fixed costs which are limited Application for a default judgment An application for a default judgment must be made if the claimant is required to seek the court’s permission to obtain a default judgment. For details of

Where a party to proceedings has failed to comply with the terms of an order, the next step would be for the other party to make an application for the terms of the order to be complied with. In these circumstances, this may take the form of an application for an unless order, requiring the

CPR 7.5(1) sets out the various alternative steps that a claimant must complete before 12:00 midnight on the calendar day four months after the date of issue of the claim form in order validly to serve a claim form within the jurisdiction. CPR 7.5(2) provides that where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with section IV of Part 6 within six months of the date of issue. CPR 6.7 provides that where an address of a solicitor within the jurisdiction has been given as an address at which the defendant may be served with the claim form or a solicitor has given such notice, the

This Q&A assumes that the defendant is over the age of 18, is charged with an either-way offence, and the case is not subject to a notice under section 51A or section 51B Crime and Disorder Act 1998 (CDA 1998). The general rule Where a defendant over the age of 18 is charged and brought before a magistrates’ court in respect of an either way offence, if the defendant gives no indication of plea or indicates that he would plead ‘not guilty’, the court must consider whether the case more suitable to be tried summarily or on indictment (section 19(1) of the Magistrates’ Court Act 1980 (MCA 1980)). If the court concludes that summary trial would be more suitable, the court has a statutory duty under MCA 1980, s 20(2) to: ‘…explain to the accused

If a defendant is convicted of a summary offence after trial in the magistrates’ court they have an automatic right to appeal the sentence or conviction to the Crown Court under section 108 of the Magistrates’ Courts Act 1980. Under the Criminal Procedure Rules 2020, SI 2020/759, r 34.2, the appellant must serve a notice of appeal on the court not more than 15 business days after the date of sentence. The prosecution must the serve a respondent’s notice on the court and the appellant not more than 15 business days after service of the appeal

Requirement for permission to serve out of the jurisdiction When commencing proceedings against a defendant living in Canada, the claimant will need to seek permission to serve out of the jurisdiction unless it can be shown that a defendant is domiciled in the UK. The fact that the defendant has property here is insufficient. For information on what constitutes domicile, see Practice Note: Jurisdiction—determining an individual’s domicile. For guidance on when permission is required, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? For

This Q&A focuses on County Court Judgments and deals with the issue of whether fixed enforcement costs (in particular the costs of instructing a High Court Enforcement Officer (HCEO)) are recoverable as part of the judgment debt. Generally, judgment registrations can be removed if paid in full before the court action or paid within one calendar month from the date of judgment. See Q&A: Is it possible to remove an entry from the Register of Judgments and Orders where a judgment has not been satisfied? What is the correct court form, fee and procedure to use? Fixed enforcement costs are allowed in specific circumstances of enforcement (CPR 45.8). CPR 45.8 contains

The prosecution has a general duty to disclose all material that is capable of undermining the prosecution case and/or undermining the defence and that duty begins from the initial stages of investigation and continues throughout proceedings. In terms of disclosure requests made by the defence in their defence statement, guidance was provided in respect of disclosure requests in the case of R v H and C in which criticism was given of defence statements which make 'general and unspecified allegations and then seek far-reaching disclosure in the hope that material may turn up to make them good'. In terms of any queries raised by the defence, this may include additional disclosure being sought or

See Practice Note: Procedure for applying online in the UK in particular section: 'Travel while the application is pending', which may assist in your research: ‘Travel while the application is pending Although the online system (and the Immigration Rules) allow an applicant to retain their passport while their application for leave to remain is being processed, the Immigration Rules continue to provide that ‘Where proof of identity has been returned to the applicant […] pending a decision on their application for leave to remain and the applicant

The deposit order money paid by the party (whether claimant or respondent) in the circumstances set out in this Q&A falls to be repaid by the tribunal to the paying party. This answer is derived directly from the terms of rule 39(5) of the Employment Tribunals (ET) Rules set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (ET Rules 2013), SI 2013/1237, and specifically by the words ‘otherwise the deposit shall be refunded’. That default, residual position—of refund by the tribunal

The incapacitated person's family would not have a cause of action against the contractor—the deputy must bring the claim on behalf of the incapacitated person as it is presumably the deputy, on behalf of the incapacitated person under the terms of the order appointing them as deputy, who has contracted with the contractor for the provision of works at the home of the incapacitated person. The order appointing the deputy will provide for the deputy's costs for acting as deputy to be paid from the incapacitated person's estate, subject to