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Considerations when dealing with litigants in person—checklist

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...

Pre-hearing considerations in arbitration proceedings—checklist

Pre-hearing considerations in arbitration proceedings—checklist When preparing for an in-person hearing in arbitration proceedings there are many logistical and practical considerations that need to be taken into account, planned and, often, budgeted for. This Checklist should help ensure the key aspects of a hearing have been considered in advance so that the process runs as smoothly as possible. This Checklist is not intended to be exhaustive, and does not, for example, address the numerous legal issues that may be pertinent in advance of and during an arbitration hearing. This Checklist contemplates the requirements of in-person merits, rather than in-person procedural, hearings, although some of the points will be relevant to both hearing types. It also assumes that private practitioners will play a central role in pre-hearing preparations, which may not always be the case. Some of the matters considered in the Checklist will be organised by one or more parties for the benefit of all parties (eg transcription or interpretation services), and so it...

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Ireland—Procedure in the Commercial Court—flowchart

Ireland—Procedure in the Commercial Court—flowchart This Flowchart provides a simple diagrammatic illustration of the procedure in the Commercial Court pursuant to Order 63A of the Rules of the Superior Courts (RSC) which is supplemented by High Court Practice Direction 122. It should be read in conjunction with Practice Note: Ireland—Commercial Court—Rules and Procedures. Note 1 (High Court proceedings issued) High Court proceedings are issued in the Central Office in the usual way. For guidance on issuing court proceedings, see Practice Note: Ireland—Starting a civil action. Note 2 (Entry application filed) One or all of the parties applies for entry into the Commercial Court by notice of motion supported by a solicitor’s certificate in accordance with Order 63A, Rule 4(2) RSC.. Note 3 (Entry application hearing) The entry application requires a hearing (even if on consent) as the judge has discretion on whether or not to enter the proceedings. Entry is either granted or refused. Costs of the application may be awarded against the applicant if their application is unsuccessful....

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LCIA (2014)—costs [Archived]

LCIA (2014)—costs [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. For information on how this content and relevant arbitration proceedings may be impacted, see Practice Note: Arbitral organisations and coronavirus (COVID-19)—practical impact [Archived] [Archived]. For additional information, see: Coronavirus (COVID-19) and arbitration—overview. This Practice Note concerns arbitration proceedings pursuant to the London Court of International Arbitration (LCIA) Arbitration Rules 2014, effective 1 October 2014 (the LCIA rules). For practical guidance on arbitration pursuant to the LCIA Rules 2020 (in force 1 October 2020) and the LCIA Rules 1998, consult the relevant Practice Notes here: LCIA arbitration—overview. The costs provisions under the LCIA Rules are set out in LCIA, art 24 (Deposits) and LCIA, art 28 (Arbitration Costs and Legal Costs) and the separate LCIA Arbitration Schedule of Costs. The LCIA's administrative charges and the fees of...

Preparing for an immigration appeal to the First-tier Tribunal (IAC)

Preparing for an immigration appeal to the First-tier Tribunal (IAC) STOP PRESS: This Practice Note is being updated to take account of the new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal dated 1 November 2024. See News Analysis: New Practice Direction of the First-tier Tribunal. The procedural steps to be followed in a First-tier Tribunal appeal are examined in the Practice Note on Procedure in the First-tier Tribunal (IAC). This Practice Note looks at the practical issues involved in the preparation of the evidence, appellant’s bundle and pleadings in an appeal to the First-tier Tribunal, following the lodging of the appeal and payment of any fee. Preparation of appellant’s bundle The standard directions contained in Annexes A–C of the Presidential Practice Statement No 1 of 2022 require the parties to produce bundles of evidence. Where an appeal is brought under the online ‘MyHMCTS’ process, under Annex A to Practice Statement No 1 of 2022, the respondent is required to upload the respondent’s...

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ET1 claim—time off work to perform public duties [Archived]

ET1 claim—time off work to perform public duties [Archived] [Insert in para 8.2 of claim form ET1:] 1 I am a [magistrate] and in order to fulfil my duties, I need to have [20] days off work each year. 2 Since [insert date] I have been allowed [15] days off by the Respondent to perform these duties[ and a further [5] days off in respect of my duties as a governor of a maintained school].

ET3 Response to claim—time off work to perform public duties [Archived]

ET3 Response to claim—time off work to perform public duties [Archived] [Insert in para 6.1 of response form ET3:] 1 It is denied that the Claimant is entitled to the relief claimed for the following reasons. 2 The Respondent was justified in refusing to permit the Claimant to take time off on [insert date] because [the amount of time which he requested was excessive having

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What should be included in an application to the European Court of Human Rights (ECtHR)? Is it possible for a third party to intervene in a case before the ECtHR?

What should be included in an application to the European Court of Human Rights (ECtHR)? Is it possible for a third party to intervene in a case before the ECtHR? For the purposes of this Q&A we have assumed that it is an individual who is making the application to the European Court of Human Rights (ECtHR). Initial Application According to r 47 of the Rules of Court: “1. An application under Article 34 of the Convention shall be made on the application form provided by the Registry, unless the Court decides otherwise. It shall contain all of the information requested in the relevant parts of the application form and set out (a) the name, date of birth, nationality and address of the applicant and, where the applicant is a legal person, the full name, date of incorporation or registration, the official registration number (if any) and the official address; (b) the name, occupation, address, telephone and fax numbers and e-mail address of the...

Where the petitioner sought 50% of their costs in relation to the divorce suit in the petition, can they increase their claim to 100% of their costs on applying for the decree nisi?

Where the petitioner sought 50% of their costs in relation to the divorce suit in the petition, can they increase their claim to 100% of their costs on applying for the decree nisi? Whether or not a party should pay costs, and if so when and how much, is at the discretion of the judge. In principle, costs are awarded on the basis of CPR 44 (as modified by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28) and section 51(1) of the Senior Courts Act 1981. In the case of undefended petitions, the district judge will determine, when granting a certificate that a party is entitled to a decree nisi or decree of judicial separation in matrimonial proceedings or a conditional order or a separation order in civil partnership proceedings, whether the court’s intention is to make a costs order. The starting point is a 'clean sheet'. In practice, most courts appear to order costs against the respondent when one is sought, where the...

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Summary judgment on defamation defence of fair and accurate reporting (Iqbal v Geo)

TMT analysis: The Court of Appeal granted summary judgment in favour of the defendant, Geo TV Ltd (Geo), overturning the High Court decision. The court held that a defence against defamation under section 15 of the Defamation Act 1996 (DA 1996) (which relates to the publication of fair and accurate report of proceedings at a public meeting) was capable of summary determination. Written by Sarah Ellington, partner at Watson Farley & Williams LLP.

Employment weekly highlights—30 January 2025

This edition of Employment weekly highlights includes: (1) the updated Employment Rights Bill, (2) an employment tribunal decision finding that Addison Lee drivers were workers and holding that the two-year backstop on unlawful deduction claims is unlawful, (3) the Court of Appeal’s declaration that section 4(2)(a) of the State Immunity Act 1978 is incompatible with Article 6 of the European Convention on Human Rights, (4) regulations increasing the annual data protection fees payable to the Information Commissioner, (5) analysis by Katie Farmer of Trowers & Hamlins of an EAT decision that a claim for unpaid holiday pay vests in the claimant’s trustee in bankruptcy, and awarding ‘interest-like’ compensation for the payment delay, (6) the Courts and Tribunals Judiciary guidance on communicating with employment tribunals, (7) new Employment Tribunal Presidential Guidance on taking oral evidence from persons located abroad, (8) the IRLR Highlights for February 2025, (9) dates for your diary, and (10) other news items of interest to employment practitioners.