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Ending a claim—checklist

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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Mediation—advantages and disadvantages

Mediation—advantages and disadvantages This Practice Note sets out the key differences between, and likely advantages and disadvantages of, the mediation process as compared to litigation in England and Wales. What is mediation? Mediation is one of the most commonly recognised and used forms of alternative dispute resolution (ADR). Mediation is a confidential process which involves an independent third party (the mediator) who seeks to assist the parties to come to an agreement to resolve their dispute. For an overview of the mediation process, see: Mediation—overview. The Ministry of Justice published a ‘guide to a civil mediation’ in July 2021 which provides information about the benefits of civil mediation and how to find a mediator. Why consider mediation? There are many reasons why seeking to settle a dispute may be appropriate, ranging from preservation of a commercial relationship between the parties, minimising litigation cost and time and maintaining confidentiality surrounding a dispute. For general information on settling disputes, see Practice Note: Settling disputes—what, when and why settle? Therefore, when advising a...

Penalty interest rates in commercial contracts

Penalty interest rates in commercial contracts Introduction This Practice Note discusses the rule against penalties and how it applies to interest rates in commercial contracts, including a discussion of the late payment legislation in the UK. As part of the freedom of contract in business to business contracts, parties can prescribe the consequences of a breach of contract. Whether the courts will uphold those provisions in a given factual setting is a different matter. Where the parties choose to do so, those consequences are commonly an obligation to make a payment of an agreed sum. The sum may be a fixed amount or determined by reference to a formula. Penalty interest rates are an example of the latter. A drafter of a penalty interest rate clause must ensure that the clause complies with the doctrine of penalties, and, in the context of the supply of goods or services, the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998). It should also be considered whether an interest...

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Adjudication enforcement—summary judgment application dismissed

Adjudication enforcement—summary judgment application dismissed Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR Technology and Construction Court (KBD) Between [insert name]        Claimant/Applicant and [insert name]        Defendant/Respondent _______________________________________ [ Draft ] order _______________________________________ Upon reading the Claimant’s application notice for summary judgment dated [insert date]

Witness statement opposing application for summary judgment

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]        Claimant and [insert name]        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...

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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?

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 is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?

What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out? CPR 8 is subtitled the 'alternative procedure for claims'. There are two categories of claim whereby the Part 8 procedure is usually used. The first is where the parties are seeking a decision on a question that is unlikely to involve a substantial dispute of fact (such as the interpretation of contractual terms or questions of law), see CPR 8.1(2). The second category is where a rule or practice direction requires or permits the use of the Part 8 procedure (such as when seeking permission of the court under CPR 81 to proceed with contempt proceedings in certain situations), see CPR 8.1(6). CPR 8.9 makes some modifications to the ‘general rules’ applicable to all claims. Among others, the defendant is not required to file a defence and therefore CPR 15 and CPR 16 do not apply, and the claim is treated as being allocated to the ...

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Local Government weekly highlights—1 May 2025

This week's edition of Local Government weekly highlights includes coverage of the latest Procurement Policy Notes updates plus expert analysis of the Supreme Court decision in R (Spitalfields Historic Building Trust) v London Borough of Tower Hamlets in which the Supreme Court ruled that a provision in a LA constitution limiting the right to vote on an application to planning committee members who had attended all previous meetings which had considered the application was lawful and did not restrict a councillor’s democratic right to vote; Blackburn With Darwen BC v BM and others in which the High Court confirmed that parents can consent to their child’s deprivation of liberty; R (YVR) v Birmingham CC in which the Court of Appeal dismissed an appeal challenging an LA decision to maintain its adult social care charging policy requiring the maximum amount permitted by regulations and clarifies who must discharge the PSED within LA decision making structures; Julie Richardson Ltd v Oxfordshire CC in which the claimant nursing homes brought a claim against...

Unpaid nursing home fees leading to unjust enrichment (The Julie Richardson Ltd v Oxfordshire County Council)

Local Government analysis: Each of the claimants is a nursing home in Banbury, Oxfordshire. Oxfordshire County Council (‘Oxfordshire’) is a local authority responsible for adult social care services in accordance with the provisions of the Care Act 2014 (CA 2014). The claim concerned nursing fees in relation to two residents of the claimants. There were periods during which the claimants had not received payment in respect of the two residents. The claimants had brought a claim against Oxfordshire. The original Particulars of Claim sought declarations that Oxfordshire was under a duty to meet the unpaid costs. When Oxfordshire applied to strike out the claim or for summary judgment, the claimants sought permission to amend the Particulars of Claim to introduce a claim based on unjust enrichment. The claimants were permitted to amend the Particulars of Claim and Oxfordshire’s application to strike out or for summary judgment was dismissed. Written by Ian Peacock, barrister at 4-5 Gray’s Inn Square.