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The statement of case in which the defendant sets out the facts on which he relies in response to the particulars of claim.
Civil Procedure Rule (CPR) 15 sets out the requirement for filing a defence if the defendant wishes to defend all or part of the claim, the consequence of not doing so and the period for doing so. The contents of the defence must include those matters set out in CPR Rule 16.5. If a defendant wishes to bring a counterclaim against the claimant, the defence and the particulars of the counterclaim should normally form one document.
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Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....
Procurement Act 2023—key changes STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. Introduction The Procurement Act 2023 (PA 2023) is the new legislation that will govern public procurement. It will replace the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. On 12 September 2024, the government announced that the go-live date for PA 2023 will be delayed until 24 February...
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Public procurement procedure selection—pre-PA 2023—flowchart [Archived] ARCHIVED: This Flowchart has been archived and is not maintained. Procurement Act 2023 As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This archived practical guidance relates to the
Does the Procurement Act 2023 apply?—flowchart This content relates to the Procurement Act 2023 regime As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023 (where applicable), whereas those begun under the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848) must continue to be procured and managed under that legislation. See Practice Note: Introduction to
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Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
Relief from sanctions—illustrative decisions (from 1 January 2024) This Practice Note provides a number of illustrative decisions to provide an insight into how the courts will deal with an application for relief from sanctions. It separates cases where relief from sanctions was granted from cases where relief from sanctions was refused noting the key facts of the case and details of the decision. This Practice Note provides details of relevant cases from 1 January 2024 onwards. For illustrative decisions involving relief from sanctions prior to 1 January 2024, see Practice Note: Relief from sanctions—illustrative decisions [Archived]. For guidance on when an application for relief is required and on making or opposing an application, see Practice Notes: Relief from sanctions—when is an application for relief required? and Relief from sanctions—making or opposing an application. For more detailed guidance as to the court’s approach to relief from sanctions, see Practice Note: Relief from sanctions—the courts’ approach. Relief from sanctions granted Case details and analysis Issue Decision The Occupiers of...
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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...
Letter of claim for negligently performed surgery Dear [insert organisation name] Letter of Claim [insert claimant’s name] v [insert defendant’s name] We have been instructed to act on behalf of [insert claimant’s name] in relation to treatment carried out/care provided at [insert name of defendant hospital] by [insert name(s) of surgeon(s) if known] on or around [insert date(s)]. Please let us know if you do not believe that you are the appropriate defendant or if you are aware of any other potential defendants. This letter is sent pursuant to the Pre-Action Protocol for the Resolution of Clinical Disputes. You should acknowledge receipt of this letter in writing and identify who will be dealing with this matter within 14 days. Failure to acknowledge receipt may result in the Claimant issuing proceedings without further reference to you. Further within four months of receipt of this letter you should provide a Letter of Response setting out whether the claim is admitted or denied and provide copies of any...
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If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a court order which deals with various case management issues regarding directions questionnaires, lists of issues, disclosure and costs budgets, and the client specifically doesn't want us to carry out the work in order to comply, will there be any come back on the firm for failing to comply with the deadline, or only the client in terms of its defence being struck out/costs sanctions etc? 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. In keeping with the April 2013 Jackson Reforms’ intention to keep the time and cost of litigating to a minimum, the courts...
How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery? How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? Paragraph 8 of Schedule 12 to the Criminal Justice Act 2003 (CJA 2003) (CJA 2003, Sch 12, para 8) governs what happens if an offender breaches a suspended sentence order (SSO) imposed by a court. It is only where it is proved to the satisfaction of a court before which an offender appears or is brought under of CJA 2003, Sch 12, paras 6 or 7 or by virtue of CJA 2003, s 192(6) (periodic review) that the offender has failed without reasonable excuse to comply with any of the community requirements of...
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Welcome to the 17 April 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
This week's edition of Property Disputes weekly highlights includes: High Court decisions concerning a loan agreement found to constitute an enforceable, unregulated investment property loan, a claim for unjustified enrichment relating to work carried out on a residential property and analysis of the grant of an order for possession and sale due to the vesting of property in trustees, an appellant who was barred from pursuing a new claim for the first time on appeal, and an Upper Tribunal (Lands Chamber) decision concerning the First-tier Tribunal’s appearance of bias in raising and determining an unpleaded issue in contractual liability for service charges dispute. It also includes a Court of Appeal decision that disclosure by the court of an assessor’s evaluation of evidence is not required unless fairness demands it, a Country Court decision concerning the vesting of a new lease of a whole building that must be made on terms equivalent to the forfeited head lease, analysis of the treatment of principal secured debt under a mental health crisis moratorium,...
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