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The formal assertion of a cause of action by one person (the claimant) against another (the defendant).
A claim is initiated when a claim form is issued by a court at the request of the claimant.
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Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...
Ireland—Determining jurisdiction in civil litigation—checklist This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. In doing so, it considers provisions under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. This Checklist provides an overview of jurisdiction in terms of considering whether the dispute should be dealt with in Ireland. For guidance on: • which specific court an action should be raised in, see Practice Note: Ireland—Starting a civil action • other issues to consider before bringing a civil claim in an Irish court and how to start and progress a civil claim in Ireland, see Practice Notes: Ireland—Starting a civil action and Ireland—Pre-action conduct, and in initiating and case managing a civil claim, Ireland—Progressing and managing a High Court civil claim respectively • other aspects of Irish civil litigation, see: Ireland—Alternative dispute resolution and settlement—overview which links through to detailed guidance on specific aspects of dispute resolution in Ireland This Checklist...
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Extension of time claim process in JCT SBC 2011—flowchart
Cross-border service—flowchart This flowchart sets out the steps required to ensure effective service of the claim form out of the jurisdiction. It should be read alongside
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This Practice Note deals with filing and issuing a claim form in a claim under CPR 7. For information on claims issued 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).This Practice Note should be read in conjunction with Practice Note: Claim form—the contents.For information on issuing and filing a claim in the County Court, also see Practice Note: Starting civil claims in the County Court.For information on which court to issue the claim in, see Practice Note: Where to start a civil claim.For information on serving the claim form, see:•in England and Wales—Service in England and Wales—overview•outside England and Wales—Practice Note: Cross-border service—a guide for dispute resolution practitionersWhere to file the claim formFor information on the correct claim form to use, see Practice Note: Claim form—the contents—Which claim form?The claim form, once completed, will need to be filed with the court in which you have chosen to issue the proceedings, together with a request that the...
This Practice Note considers the current position and provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance.This Practice Note provides guidance on drafting the claim form. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and the methods for filing statements of case.This Practice Note deals with the contents of a claim form in a claim brought under CPR 7. For information on claims issued 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).What is a claim form?A claim form is the document used to start proceedings and contains information relevant to the proceedings including the court reference number to be...
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Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...
ET3 grounds for resisting claim—religion or belief: direct or indirect discrimination, harassment [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. 2 It is admitted that on or about [insert date], the Respondent announced the introduction of a new rolling shift system which would require all poultry processors to work on Sunday one week in every four and that the Claimant objected to the new system on the basis that she attends religious services every Sunday. It is admitted that the Respondent has implemented the new shift system. 3 The new shift system was a proportionate means of achieving a legitimate aim. The Respondent had to introduce Sunday working in order to ensure that its poultry business remained profitable and to avoid closing down that part of its operations. A questionnaire circulated amongst employees on or about [insert date] revealed that very few wanted to volunteer for Sunday shifts for a variety of reasons including family and other...
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In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply? This Q&A considers the relevance of Regulation (EU) 1215/2012, Brussels I (recast) when considering whether permission is required to serve out of the jurisdiction. What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction? Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland). CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I...
Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by the same solicitor? Or is this a conflict? Both insolvency practitioners (IPs) and solicitors are members of professions that are governed by separate ethics codes. Both IPs and solicitors, before accepting an appointment or an instruction, should carry out documented procedures to ensure that there would not be a conflict of interest or breach of their ethics code in accepting the appointment or instruction. The question does not specify whether the conflict concerned would be for the solicitor or the IP and although both issues are considered, this answer deals primarily with the IP and whether the IP would have a conflict of interest. The insolvency ethics code sets out a framework approach that is to be followed in all cases to establish whether there is a conflict of interest. The IP should first of all assess whether there are any threats to the fundamental principles of integrity,...
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PI & Clinical Negligence analysis: The claimant suffered a serious brain injury in a road traffic accident. The defendants’ expert considered she may have pre accident myotonic dystrophy (MD) which would undermine life expectancy and care levels in the claim. Electromyographic neurophysiological (EMG) testing could determine this issue. The claimant refused to have testing. The defendants were granted a stay pending agreement to testing in respect of damages for future loss. The claimant’s application for permission to appeal was refused. They therefore asked for permission to reopen this issue. CPR 52.30 permits reopening of appeals to avoid injustice in exceptional and appropriate circumstances where no alternative effective remedy is available. The court held that refusal to give permission omitted concerns raised about the claimant’s autonomy and detriment to her mental health. Permission to appeal was therefore granted. The appeal application has yet to be heard. Written by Marcus Weatherby, serious injury and clinical negligence solicitor, Pattinson and Brewer Solicitors.
PI & Clinical Negligence analysis: Can a motor insurer sued directly under the European Communities (Rights Against Insurers) Regulations 2002 (2002 Regulations) bring a Part 20 claim in its own name pursuant to the Civil Liability (Contribution) Act 1978? The potential additional party argued not. Written by Jamie Clarke, barrister at Crown Office Chambers.
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