"½Û×ÓÊÓƵ is great as I can find the answers I am looking for really quickly. I believe that nothing should be more than 6 clicks away - and the products from ½Û×ÓÊÓƵ deliver on this standard"
Avensure
Access all documents on Claimant
A person who brings a claim.
Rules governing the addition and substitution of parties to proceedings are found in CPR Rule 19.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...
Defendant receiving a claimant's Part 36 offer—checklist This checklist on receiving a Part 36 offer identifies the key factors that a defendant should consider on receipt of a claimant’s Part 36 offer. Consideration Guidance Further information Relevant period The defendant should calculate the date when the relevant period expires for accepting the claimant’s Part 36 offer, which must be no less than 21 days from when the Part 36 offer was served (CPR 36.5(1)(c)).It is important to note this date because there may be costs consequences for late acceptance of the claimant’s Part 36 offer. There will also be costs consequences if the claimant’s Part 36 offer is not accepted and the claimant obtains a judgment that is at least as advantageous as their own Part 36 offer (CPR 36.17(1)(b)). For further information, see Practice Notes: Part 36 offers—how to make a valid Part 36 offer—The relevant period (minimum 21 days) and Part 36 offers—costs consequences of rejection or non-acceptance—Costs consequences—defendant not accepting a claimant's Part 36 offer. Validity...
Discover our 121 Checklists on Claimant
Applicable law—which system of law applies to the contract or employment relationship This Practice Note examines how to determine which system of law is applicable to a contract of employment or employment relationship. It takes account of the impact of Brexit and the end of the implementation period (IP) for the Withdrawal Agreement on IP completion day (11pm on 31 December 2020) on this area of law. For further details, see: Brexit impact, below. Initial considerations Where a dispute or claim arises in respect of an employee who works wholly or partly abroad and/or has a foreign employer, two questions will need to be determined: • what are the employee’s rights? • where should any litigation that may ultimately arise be adjudicated? In determining these questions, three main issues arise: • applicable law, ie which system of law is applicable to the contract of employment under consideration? • international jurisdiction, ie whose courts and/or tribunals should decide the case? • the territorial scope of relevant applicable...
Fixed costs in road traffic accident claims NOTE: the CPR was amended on 1 October 2023 to extend the application of fixed costs. These amendments apply where the cause of action accrues on or after 1 October 2023 (the date of accrual will usually be the date of the accident). The version of CPR 45 in force before 1 October 2023 is referred to in this Practice Note as ‘Rule’ or ‘Part’. For a copy of Part 45 in force prior to 1 October 2023, see: NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (RTA SCP) applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions). Under the RTA SCP, legal costs (other than disbursements) are not recoverable from the defendant. For further details,...
Discover our 3258 Practice Notes on Claimant
ET3 grounds for resisting claim — discrimination because of pregnancy [Insert in para 6.1 of response form ET3:] 1 Paragraph 1 of the Grounds of Claim is admitted. It is admitted the Claimant notified the Respondent of her pregnancy as described in paragraph 2 of the Grounds of Claim and that on [insert date] she commenced a period of absence. According to the medical certificate which she submitted the reason for her absence was [insert details]. 2 It is admitted that the Claimant was dismissed on or about [insert date] but it is denied that she was dismissed because she was pregnant or for any reason connected with her pregnancy-related illness. It is denied that she was not told the reason for her dismissal. She was told that she was being dismissed because her post was redundant. 3 At the date of her dismissal, it was no longer practicable to continue to employ
Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...
Dive into our 645 Precedents related to Claimant
In an arbitration under the London Court of International Arbitration Rules 2014 (LCIA Rules 2014), how does a respondent learn of the date of commencement of the arbitration? Does that date correspond to the date on which the LCIA notifies the respondent of its receipt of the request for arbitration and of the registration fee? The date of commencement of an arbitration under the London Court of International Arbitration Rules 2014 An arbitration in the London Court of International Arbitration (LCIA) is commenced by the claimant delivering the request for arbitration to the LCIA Registrar (the Registrar) (LCIA, Art 1). As this Q&A has identified, the date of commencement of an LCIA arbitration is the date of receipt of the request by the Registrar, subject to the actual receipt of the registration fee as provided by LCIA, Art 1.4. A respondent will learn of the date of the commencement from the LCIA secretariat. As a matter of practice, the LCIA secretariat will notify all parties simultaneously of...
Where a worker’s pay is not in compliance with National Minimum Wage (NMW) rates, can the worker bring a claim in the employment tribunal and also make a complaint to HMRC for enforcement proceedings against their employer? If the worker’s claim involves a cause of action in addition to their claim for statutory underpayment of wages, would they be able to pursue the claim for underpayment separately via HMRC enforcement, and proceed just with their employment tribunal claim in respect of the other, non-NMW-related, claim(s)? If a worker has not been paid the national minimum wage: • the worker can enforce their entitlement by way of their contract by making a claim for breach of contract or a claim for unlawful deduction from wages • HM Revenue and Customs (HMRC) can enforce the worker's entitlement by issuing a notice of underpayment or suing on the worker's behalf For further information, see Practice Note: National minimum wage, in particular the main sections dealing with Consequences of failure to pay and Enforcement...
See the 1500 Q&As about Claimant
Private client analysis: The Chancery Division held that a disclaimed share of a residuary estate should be distributed among the remaining beneficiaries under the Will's provisions, rather than under the intestacy rules. The court interpreted 'failure' in the Will to include a disclaimer, even though the failure occurred after the testator's death. This decision underscores the critical importance of clear residuary clauses in Wills, particularly those addressing failure of gifts. Practical implications written by Timothy Clarke of Three Stone Chambers.
Law360, London: Arts Council England forced a manager to resign after she made comments comparing staff who believe sex is binary to racists without giving her the benefit of the doubt, an employment tribunal has ruled.
Read the latest 14285 News articles on Claimant
**Trials are provided to all ½Û×ÓÊÓƵ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these ½Û×ÓÊÓƵ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234