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Formal court documents setting out a party's case. They include claim form; particulars of claim; defence; reply to defence; Part 20 claims and further information under CPR Pt 18.
Statements of case mark out the parameters of the case that is being advanced by each party, stating concisely the general nature of each party's case, identifying the issues and the extent of the dispute between the parties. They must be attested to by a statement of truth.
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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...
Fixed costs (position on or after 1 October 2023)—checklist This Checklist provides guidance on the key points to consider under the extended fixed recoverable costs (FRC) regime. The extended FRC regime applies to most civil cases that are issued on or after 1 October 2023 where the value of the claim does not exceed £100,000. Generally speaking, cases that come within the FRC regime with a value not exceeding £25,000 will be allocated to the fast track (FT) and cases with a value exceeding £25,000 but no more than £100,000 will be allocated to the multi-track (MT). However, it should be noted that claim value is not the only factor that is taken into account at the allocation stage as the court will consider other factors, which are set out under CPR 26.13 such as the likely complexity of the facts, law or evidence as well as the number of parties or likely parties to the claim. Consideration Guidance Further information Cases that come within the FRC regime FRC...
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This Practice Note sets out the specific requirements for preparing statements of case in the Commercial Court and considers the guidance on this set out in CPR 58, CPR PD 58 and the Commercial Court Guide. It considers information that is specific to proceeding in the Commercial Court and should be read in conjunction with:•non-court specific content on drafting or amending statements of case—see Practice Notes: Drafting statements of case, Claim form—the contents, Drafting the particulars of claim, Drafting the defence—formalities, Drafting the defence—drafting tips, Responding to a defence or counterclaim—reply to defence, defence to counterclaim and reply to defence to counterclaim, Admissions, Making an additional claim under CPR 20—counterclaim, Making a Part 18 request for further information, Amending a statement of case—introduction and Statements of truth•other Commercial Court specific content on case management—see Practice Notes: Commercial Court—case management, Commercial Court—case management conference (CMC) and Commercial Court—list of common ground and issues•content on the disclosure scheme in the Business and Property Courts under CPR PD 57AD, where this is applicable to...
This Practice Note sets out the deadlines/time limits for filing and serving statements of case in CPR 7 claims where the claim form is served in England and Wales. It covers the time for serving and filing various court documents being, the claim form, the particulars of claim, the acknowledgment of service, the defence, a counterclaim, a defence to a counterclaim and a reply. Guidance is also given on the consequences of failing to file or serve a statement of case on time. It does not cover the Admiralty courts which have their own rules.These time limits apply to claims started under CPR 7. For claims under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).Different provisions apply when dealing with statements of case in cross border disputes. For guidance, see Practice Note: Cross border disputes—timetable for statements of case.This Practice Note does not deal with the time limits for statements of case in...
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Pro forma index to documents bundle for a tax tribunal case TC/[insert year]/[insert case number] In the first tier tribunal (Tax chamber) Between: [Name of appellant] Appellant and The commissioners for her majesty’s revenue & customs Respondents Bundle one: documents Tab Description Date Page Tribunal papers 1 Notice of appeal to Tribunal [insert date] [insert page number] 2 [Appellant’s grounds of appeal [only include if this is a separate document rather than being included in the notice of appeal]] [insert date] [insert page number] 3 HMRC decision which is under appeal [insert date] [insert page number] 4 HMRC statement of case [insert date] [insert page number] 5 Directions of the Tribunal [insert date] [insert page number] Witness statements 6 Witness statement of [insert name and, if relevant, role, eg Director of
Witness statement in support of application for strike out on the basis of abuse of process Filed on behalf of the 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 DEFENDANT _______________________________________ I, [Insert full name of witness] of [insert address] will say as follows: 1 I am [set out position of...
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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)....
How can I enforce an order for pre-action disclosure and costs? Firstly, it would be prudent to look at the terms of the pre-action disclosure order to see if it mentions anything regarding enforcement. For an example order, see Precedent: Order for pre-action disclosure. Effect of non-compliance Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR 3.8)—see Practice Note: Case management—compliance. Note: rules and guidance can be set out in any applicable court guide, as well as in the CPR. To access various court guides, see Practice Note: Court guides and other guidance. Failing to comply with civil procedural rules, practice directions and/or court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so. These delays and costs affect other court users, as well as the parties to the instant proceedings. Conversely, effective and efficient case and costs management can minimise the time...
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Dispute Resolution analysis: The High Court has clarified the test governing applications pursuant to CPR 31.12 for specific disclosure in the context of jurisdiction challenges. Mr Justice Dias re-affirmed that the appropriate test remains the two-stage test set out in Rome v Punjab National Bank, and rejected the submission that a separate test of ‘exceptional circumstances’ applies. However, in that context, the court emphasised that disclosure must be both proportionate and targeted, and cautioned against allowing jurisdiction applications to evolve into ‘mini-trials’. Written by Alexandra Prato, Associate at RPC.
Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 16 February 2017. This week we feature the recent update to the court guide for the Chancery Division. We also highlight the latest Dispute Resolution News Analysis on a broad range of topics, including: adducing evidence of foreign law (Joint Stock Company ‘Aeroflot’ Russian Airlines); the ingredients of the tort of deceit (Jornast); restitution (Marsfield Automotive); and amending claims and lifting stays (FA Premier League). We also highlight relevant News Analysis from other Lexis®PSL practice areas, recent substantive amendments to our core content, posts on the Dispute Resolution blog and the latest Q&As. All this, and more, in our weekly highlights.
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