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The excision of written material from the record by the court, such that it may no longer be relied on.
The court's power to strike out all or part of a statement of case is governed by CPR Rule 3.4. A strike out will usually will end the claim (or part thereof). All or part of a witness statement may be struck out under the court's power to control evidence set out in CPR Rule 32.1, for example on the grounds that it is irrelevant or prejudicial.
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Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...
Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...
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Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...
Skeleton Arguments in an appeal—general provisions This Practice Note contains guidance to the provisions contained within CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. It provides general guidance on skeleton arguments in appeals to the County Court, the High Court and the Court of Appeal. For more information on the scope of this content, see: Civil appeals: general and preliminary considerations—overview. Practitioners may also wish to refer to the following Practice Notes and Checklists: • Skeleton arguments • Starting an appeal in the Court of Appeal—Skeleton arguments • Responding to an appellant's notice—the written statement and respondent's notice—Respondent's skeleton arguments and supplementary skeleton arguments • Conducting an appeal in the County Court or the High Court—Filing skeleton arguments in appeals in the High Court or County Court • Skeleton argument—checklist • Civil contempt proceedings—appeals, purges and discharge • Supreme Court—documents for appeal hearing—on or after 2 December 2024 In addition to all and any relevant CPR provisions, practitioners should also comply with any provisions in...
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Witness statement opposing application for summary judgment Filed on behalf of the [claimant OR defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]Â Â Â Â Â Â Â Â Claimant and [insert name]Â Â Â Â Â Â Â Â Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST]witness statement of [insert name of witness] On behalf of the [Claimant OR Defendant] _______________________________________ I, [Insert full name of witness] of [insert address] will say as follows: 1 I am [set out position of witness and involvement in the proceedings]. I...
Witness statement in support of application for strike out on the basis of failure to comply Filed on behalf of the [Claimant OR Defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name]Â Â Â Â Â Â Â Â Claimant and [insert name]Â Â Â Â Â Â Â Â Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the [claimant OR defendant] _______________________________________ I, [Insert full name of witness] of [insert address] will say as follows: 1 I am...
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A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...
What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice? Solicitors are entitled to remuneration for non-contentious business, such as estate administration work, that is fair and reasonable having regard to all the circumstances of the case, under the Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/193. Where a solicitor has rendered a bill for non-contentious probate work, the court has the power to assess the solicitors’ fees as to what is fair and reasonable under sections 70 and 71 of the Solicitors Act 1974 (SA 1974). The court may also retain a jurisdiction at common law to resolve challenges to the reasonableness of a solicitor’s bill of costs even where an assessment is not available under statute (see Turner v Palomo). Assessment under SA 1974 The people who may be entitled to have the bill assessed by the court under SA...
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TMT analysis: In a row over the ownership and exploitation of copyright and performers’ rights in the studio albums of eponymous rock band The Jimi Hendrix Experience (JHE), the Court of Appeal has dismissed Sony’s appeal against the High Court’s decision to refuse Sony’s application for summary judgment and strike out. The outcome in this case illustrates the complexities around the ownership and exploitation of the intellectual property rights of band members and offers helpful guidance on the applicability of seldomly seen transitional provisions relating to performers’ rights under the Copyright, Designs and Patents Act 1988 (CDPA 1988). Written by Marc Linsner , senior associate at Bristows LLP.
Law360, London: BHP lost its application on 26 June 2025 to block Brazilian municipalities from bringing criminal contempt proceedings in a £36bn case over Brazil's worst environmental disaster, with a London court ruling there were reasonable grounds to argue the mining giant was in contempt.
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