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Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...
Defendant receiving a claimant's Part 36 offer—checklist This checklist on receiving a Part 36 offer identifies the key factors that a defendant should consider on receipt of a claimant’s Part 36 offer. Consideration Guidance Further information Relevant period The defendant should calculate the date when the relevant period expires for accepting the claimant’s Part 36 offer, which must be no less than 21 days from when the Part 36 offer was served (CPR 36.5(1)(c)).It is important to note this date because there may be costs consequences for late acceptance of the claimant’s Part 36 offer. There will also be costs consequences if the claimant’s Part 36 offer is not accepted and the claimant obtains a judgment that is at least as advantageous as their own Part 36 offer (CPR 36.17(1)(b)). For further information, see Practice Notes: Part 36 offers—how to make a valid Part 36 offer—The relevant period (minimum 21 days) and Part 36 offers—costs consequences of rejection or non-acceptance—Costs consequences—defendant not accepting a claimant's Part 36 offer. Validity...
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Protective costs orders (PCOs) in environmental matters—flowchart This flowchart outlines the different scenarios that apply to protective
UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...
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Fixed costs in road traffic accident claims NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident). The version of CPR 45 in force before 1 October 2023 is referred to in this Practice Note as ‘Rule’ or ‘Part’. For a copy of Part 45 in force prior to 1 October 2023, see: NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA SCP) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions). Under the RTA SCP, legal costs (other than disbursements) are not recoverable from the defendant. For further details,...
Minutes of the CPR Committee meeting of 2 March 2018 [Archived] ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note contains the agenda and minutes of the CPR Committee (CPRC) meeting of 2 March 2018 together with supporting documentation. At the meeting, the committee’s discussions included the ongoing further amendments to CPR 45 and 36 (Gastric illness claims) in relation to Package travel claims, a proposed extension of the Insolvency Express Trials Pilot and the PD 51O pilot for a further two years, a case officer developments update, setting up a working group to look at historical abuse, a Debt Pre-Action Protocol request on the Full Standard Financial statement, the issue of service by email and the increase in...
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Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...
Draft memo for client about disclosure and privilege This precedent draft memo should be read (and potentially be sent) with the relevant precedent draft letter to your client about disclosure: • Draft letter to client about disclosure—small claims track • Draft letter to client about disclosure Confidential and privileged [insert date] [insert addressees: [insert addressees: senior managers/relevant employees and former employees/IT managers]] [[insert case heading] OR [description of the case if pre-action]] [[We] OR [the company]] may face a legal dispute concerning [insert matter/transaction subject of dispute]. If the dispute is not resolved, it is likely that we will be obliged to disclose relevant documents, including electronic records, that are or have been in [[our] OR [the company’s]] control, whether they are helpful to our case or not. However, certain relevant documents are protected from being inspected (that is to say, actually seen) by [our opponent OR name of opponent]. These include documents that are ‘privileged’, such as certain confidential communications between [[us] OR [the...
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What will be the applicable limitation period where a settlement agreement is secured by way of a charging order and the debtor under the agreement subsequently defaults on repayment of the debt, which entitles the creditor to immediate repayment of the whole sum, and the creditor now wishes to enforce their charging order? We have assumed that reference is being made to a charging order. When seeking to enforce the charging order it would have been subject to the previous rules in this area (CPR 73 and CPR PD 73 were amended with the changes coming into force on 6 April 2016). Where such orders charge a beneficial interest under a trust in land, the charge is protected by means of a restriction under the Land Registration Act 2002. We also assume that the charging order was validly obtained. If seeking to apply for an order for sale to enforce a charging order made prior to 6 April 2016 you should still follow the regime set out in the amended...
In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if— • the defendant who made the interim payment consents in...
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HM Courts & Tribunals Service (HMCTS) has added new costs budget forms to the list of CPR court forms. The three new precedent forms, Precedent Z, Precedent RZ and Precedent TZ, are referenced in new Practice Directions (CPR PD 51ZG1 and CPR PD 51ZG2), which will come into force on 6 April 2025 as part of the 179th Practice Direction update to the CPR which supports the amendments made to the CPR by  The Civil Procedure (Amendment) Rules 2025, SI 2025/106.
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the Court of Appeal’s decision that an unrecognised overseas judgment is not capable of providing the basis for a bankruptcy petition (Servis-Terminal Llc v Drelle), the High Court’s judgment on whether the principal amount under a secured loan qualifies as a 'moratorium debt' under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (Seculink Ltd v Forbes), updates on the Moveable Transactions (Scotland) Act 2023 (Financial Collateral Arrangements and Financial Instruments) (Consequential Provisions and Modifications) Order 2025, plus a round-up of other news and cases for restructuring and insolvency professionals.
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