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An optional statement of case in which a claimant may allege facts in response to the defence which were not included in the particulars of claim.
CPR Rule 15.8 provides for the filing and service of a reply. The consequences of filing and service of a reply, or of failing to do so, are set out in CPR Rule 16.7. If the defendant has brought a counterclaim, the defence to the counterclaim and any reply should normally form one document unless the time limit for defending the counterclaim is shorter than that for the reply.
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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...
Procedural guide—Protection from Harassment Act 1997 (civil remedy) The Protection from Harassment Act 1997 (PHA 1997) makes it an offence to pursue a course of conduct that amounts to harassment and creates a civil tort allowing for a claim for damages and ancillary injunctions. The High Court and county court can grant an injunction for personal protection by forbidding harassment. Where clients are unable to avail themselves of the provisions of the Family Law Act 1996 (FLA 1996) because they do not satisfy the criteria or eligibility, or where damages are sought, then their solution may lie under the PHA 1997. Claims under the PHA 1997 are not 'family proceedings' and applications are governed by the Civil Procedure Rules 1998, SI 1998/3132 (CPR). Criteria The relevant legislative provisions are contained in the Protection from Harassment Act 1997. PHA 1997 Harassment is any course of conduct which might be seen by a reasonable person to amount to harassment. The victim of a course of conduct prohibited by PHA 1997, s...
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Note that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Disputed divorce, dissolution  and separation proceedings (post-DDSA 2020).Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice...
On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 does not make substantive changes to the law regarding nullity proceedings, there are some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service.For details of the procedure for proceedings issued on or after 6 April 2022 see Practice Note:Disputed nullity proceedings (post-DDSA 2020).Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 procedure and such applications will not be impacted by the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.This Practice Note provides information on the procedure for defending nullity proceedings where the application was issued before 6 April...
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Letter of instruction to a single joint expert in financial remedy proceedings 1 Introduction This is a letter of instruction to you to act as a single joint expert in financial remedy proceedings relating to divorce proceedings between [client’s full name] and [spouse’s full name]. You are being instructed jointly by [lead firm preparing letter] who act on behalf of [client’s full name] and [name and address of spouse’s solicitors], [telephone number and email of spouse’s solicitors] on behalf of [spouse’s full name], but on the basis that you will provide an expert opinion independent of each of them. At the first appointment on [date of first appointment], District Judge [name] sitting at the Family Court at [location] made the following order [insert exact wording from order]. The scope of your instructions is set out in the order dated [date of first appointment order] and in this letter. 2 Arrangements for preparing the report Should you need to discuss the report, either on a preliminary basis...
Letter of claim—breach of contract [ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of previous correspondence, if any]]. [As you know, we OR We] act on behalf of [insert client’s full name/company name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the ‘Practice Direction’), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter which sets out the deadline by which your response is required, and the consequences of failing to respond properly within that time. [Your client should notify their insurer...
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Where a witness summary under the Civil Evidence Act 1995 (Notice of Intention to reply on hearsay evidence CPR 33.2) has been served, but the witness has now produced a witness statement, does the party have to apply for permission from the court to rely on it? Typically, a witness summary is used where a party is required, but unable, to serve a witness statement for use at trial. In particular, CPR 32.9 provides: ‘1) A party who – (a) is required to serve a witness statement for use at trial; but (b) is unable to obtain one, may apply, without notice, for permission to serve a witness summary instead.’ (Emphasis added) The wording of CPR 32.9 suggests, therefore, that a witness summary is used as a substitute for a witness statement. However, it should be noted that CPR 32.9(5) provides that CPR 32.5(3) (amplifying witness statements) applies to the summary, as far as practicable. CPR 32.5(3) and (4) provide that: ‘(3) A witness giving oral evidence at trial...
What details should a company record in the PSC register? A company’s people with significant control (PSC) register must never be empty. The company must, using the prescribed wording, update its register as regards any general circumstances or investigative steps that it is currently engaged in. This may be as simple as confirming that there are no registrable PSCs or RLEs in relation to the company. It is therefore likely that any register should have an open section in which to record such information. Once a particular PSC or RLE comes forward or is otherwise identified (or being actively investigated), it would seem appropriate to open up a ledger or account against that individual or entity's name. Information required under CA 2006, s 790K can then be entered accordingly, as can any other official wording as to the investigation or enforcement process in relation to that individual or entity: • Required particulars (including type of control): ◦ PSCs: name, date of birth, nationality, country or...
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Construction analysis: In this Part 8 claim, the Technology and Construction C ourt (TCC) held that, while informal, the parties had entered a concluded contract by an exchange of WhatsApp messages. The essential terms had been agreed and other terms were not essential or would be implied. The court further held that three out of four invoices issued by the defendant were valid applications for payment, even where two of the invoices did not contain a mathematical breakdown of the sum due. In their context, the invoices were sufficiently clear and intended to be payment applications. Written by James Frampton, barrister at Keating Chambers, and Liam Hendry, senior associate at Archor LLP.
Employment analysis: Special consideration should be given to the unique circumstances and difficulties involved in bringing discrimination claim when determining whether to award costs under the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), particularly where the claimant is a litigant in person (LiP) or was at the time the claim was brought, according to the EAT in Madu and Loughborough College.
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