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The Civil Procedure Rules which, supplemented by the Costs Practice Direction (CPD) govern the procedure to be followed in most civil cases brought in the SCCO.
The text of the CPR and the CPD are set out in practitioner's books such as the White Book Service and the Civil Court Practice. Most of the relevant texts are also included on the SCCO page of the Court Service website.
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Dispute resolution clauses—resources for commercial B2B lawyers—checklist This Checklist of resources sets out some of the issues that may arise when considering dispute resolution clauses (also known as alternative dispute resolution clauses or ADR clauses) in the context of business-to-business (B2B) commercial contracts and associated resources. Although most commercial agreements will include governing law and jurisdiction clauses as part of the default boilerplate provisions, when drafting commercial contracts consideration ought to be given to the inclusion of a dispute resolution clause. The aim of such a clause is to assist the parties in setting out, at the outset of their relationship, how they will deal with any disputes that may arise between them. In theory this may simply provide for litigation through the courts. However, where parties choose an alternative dispute resolution clause, this can save the parties time and money. It is far better for all concerned to have the procedures agreed when the parties are favourably disposed towards each other, rather than trying to agree them in the...
Mediation—personal injury and clinical negligence—checklist The format of the mediation The Civil Procedure Rules (CPR) state that litigation should be a last resort and that the parties should consider whether negotiation or some other form of alternative dispute resolution (ADR) might enable them to settle their dispute without commencing proceedings. Mediation is often an effective form of alternative dispute resolution in clinical negligence and some personal injury matters. This Checklist provides information on the format of mediations and practical guidance to help ensure the success of a mediation. The format is broadly as follows: • a mediation group agreement is signed—this agreement can dictate the boundaries of the mediation and introduce rules into it where necessary • a mediator convenes a joint meeting involving all parties to establish ground rules for the day and to reaffirm confidentiality and the need to respect each other • each party makes an opening position statement • a series of private meetings take place with the mediator. During these meetings, the mediator will try...
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Legal system for civil tax appeals in England and Wales—flowchart This Flowchart outlines the legal system applicable to civil tax appeal cases in England and Wales. It illustrates how, in relation to appealable decisions made by HMRC (ie those HMRC decisions in respect of which there is a statutory right of appeal), a taxpayer normally appeals to the First-tier Tribunal (Tax Chamber) (FTT (Tax)) and how such tax appeals may proceed from the FTT (Tax) to the Upper Tribunal (Tax and Chancery Chamber) (UT (Tax)), then to the Court of Appeal and finally to the UK Supreme Court. It also illustrates the ability for certain appeals in relation to decisions of the UT (Tax) to bypass the Court of Appeal and be leapfrogged directly to the UK Supreme Court. This Flowchart refers
Protective costs orders (PCOs) in environmental matters—flowchart This flowchart outlines the different scenarios that apply to protective
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This Practice Note deals with considerations when running IP disputes in court, covering initial analysis of the dispute, strategic considerations and options for taking action in the Intellectual Property List (Chancery Division) at the Business and Property Courts (including in the specialist Patents Court and Intellectual Property Enterprise Court (IPEC) sub-lists). It covers case management, disclosure and trial and also considers the procedural requirements of the Civil Procedure Rules (including CPR 63), the Chancery Guide, the Patents Court Guide, the Intellectual Property Enterprise Court Guide, and appeals.Initial considerationsWhen a practitioner receives an instruction from a client regarding an infringement of an IP right, it is good practice for the practitioner and client to discuss the initial considerations and formulate a clear strategy at the outset. Initial considerations might be to:•consider the client’s IP portfolio and decide which IP right(s) might form the basis of the action. Sophisticated clients are likely to have a good understanding of the rights that they own and the steps that they can take to enforce...
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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Order granting retrospective permission to serve the claim form by alternative method or at alternative place 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 before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name]Â Â Â Â Â Â Â Â Claimant/Applicant and [insert name]Â Â Â Â Â Â Â Â Defendant/Respondent _________________________________________________________ [ draft ] Order granting permission to serve the claim form by alternative method or at alternative place _________________________________________________________ UPON HEARING Counsel for the Claimant [and the Defendant] AND UPON reading the Witness Statement of [insert name] dated [insert date] IT IS ORDERED THAT: 1 The steps already taken by the Claimant to bring the Claim Form [and Particulars of Claim] in this action to...
Letter requesting adverse documents under Business and Property Courts Disclosure Scheme [Insert name and address of recipient] [Insert date] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [insert name of recipient] [Insert case name and claim number] We [are a firm of solicitors and] act for [name of client], your [former] employer. We write further to [our OR [name of (former) employer]] letter of [insert date][, a copy of which is enclosed for your ease of reference]. In addition to [the Company’s OR the organisation’s] obligations to preserve any 'documents' which might be relevant to the proceedings, [the Company OR the organisation] must also, among other things, disclose to its opponent[s] in the proceedings various 'documents' relevant to the dispute and, in particular, those which are or may be ‘adverse’ to its case. A document is ‘adverse’ if it, or any information it contains: contradicts or materially damages [the Company’s OR the organisation’s] contention or version of events on an issue in dispute; or...
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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....
Is there a prescribed form for statements of truth for an expert's report in a coroner's inquest? The calling of witnesses, including expert witnesses, in an inquest is within the coroner’s discretion. The power to require evidence to be given in writing or in person is contained in Schedule 5 to the Coroners and Justice Act 2009. For further information see Practice Note: Powers of the coroner. The duty on the coroner is to call sufficient witnesses to make sure that a proper enquiry is undertaken in order to determine cause of death. A coroner's discretion whether to call expert evidence is wide (see Mack (r on the application of) v HM Coroner for Birmingham and Solihull (2011) and the Chief Coroner's Law Sheet No 5). While independent expert evidence is not always required, it can be necessary in order to conduct such an enquiry. If expert evidence is thought necessary then a report will need to be prepared, and the coroner will often organise their own expert evidence,...
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Restructuring & insolvency analysis: The court considered a contested application by the joint liquidators of CL Realisations 2020 Ltd (the ‘Company’) for permission to amend their claims against two directors of the Company. The originating application had been grounded on sections 212 (summary remedy against delinquent directors etc) and 238 (transactions at an undervalue) of the Insolvency Act 1986 (IA 1986). It had been issued on a protective basis, without a witness statement, to avoid being statute-barred. The liquidators filed their amendment application at the same time as their detailed particulars of claim.
This week's edition of Family weekly highlights includes details of a speech by Mr Justice Nicklin on open justice and details of the Migration Advisory Committee's new family visa financial requirement review. Analysis of recent judgments on disclosure of journalistic sources, non-matrimonial assets and expert witnesses in care proceedings are included.
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