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Drafting checklist for claim or response—sexual harassment, conduct of a sexual nature and constructive dismissal

Drafting checklist for claim or response—sexual harassment, conduct of a sexual nature and constructive dismissal Both parties • Was the Claimant an employee within the meaning of the Employment Rights Act 1996? See Entitlement to claim unfair dismissal—Eligibility and Employee status • Was the Claimant an employee within the meaning of the Equality Act 2010? See Employment events which give rise to discrimination, harassment and victimisation claims—The meaning of 'employment' • Was the Claimant a contract worker in respect of whom the Respondent was a principal? See Discrimination, victimisation and harassment claims by non-employees—Contract workers • Did the Claimant have requisite qualifying service for an unfair dismissal claim? See Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Unfair dismissal time limit, Prohibited conduct claims: time limits—Time limits...

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Damages in tort claims—recovery and assessment

This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages, see Practice Note: The remedy of damages—general principles.For guidance on damages for loss of a chance, see Practice Note: Loss of chance damages.For a summary of the key distinctions between claiming damages in tort compared with claiming damages in contract, see Practice Note: Claiming damages—tort and contract claims compared.Compensatory function of damages in tortDamages in tort are in general compensatory, ie they aim (subject to the rules of remoteness and mitigation) to make the claimant whole—ie to put the claimant in the position they would have been in had the tort not been committed—but no more than that.This applies not only to negligence and similar torts, but also to torts such as conversion and deceit (see Practice Note: The tort of deceit).However, this general rule is subject to three qualifications:•restitutionary recovery (see below) may be allowed in respect of certain torts to deprive a defendant of their profits,...

Drafting the particulars of claim

This Practice Note 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 particulars of claim for a claim brought under CPR 7. 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 filing of statements of case.For information on bringing a claim 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).Particulars of claim—part of claim form or separate document?If practicable, the particulars of claim should be set out in the claim form (CPR PD 16, para 3.1). They can also be contained in a separate document (CPR 7.4(1)). For information on the correct claim form...

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Particulars of claim—false imprisonment and personal injury

Particulars of claim—false imprisonment and personal injury IN THE HIGH COURT OF JUSTICE [[INSERT DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Parties [THE CLAIMANT] by his litigation friend [LITIGATION FRIEND]        Claimant -and- [THE DEFENDANT]        Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ INTRODUCTION 1 The Claimant seeks a declaration and damages arising from the raid on his home on [date] and his subsequent detention between [date] and [date]. 2 In summary, the Claimant claims that: 2.1 On [date], during the course of the raid on the Claimant’s home, the Claimant suffered a number of assaults and batteries and/or breaches of Article 3 ECHR, and suffered false imprisonment and/or a breach of Article 5 ECHR; 2.2 The Claimant’s detention between [date] and [date] was false imprisonment and/or a breach of Article 5 ECHR. 3 The Defendant is, and was at all material times, responsible for the actions of the [detaining authority], its officers and/or servants and/or agents. The Claimant’s claim against the Defendant relates to the acts or omissions of the Defendant’s officers...

Terms of business—law firms 2011 [Archived]

Terms of business—law firms 2011 [Archived] The purpose of this document is to confirm the arrangements between us. [Although your continuing instructions in this matter will amount to your acceptance of these Terms of Business, we ask that you sign, date and return one copy for our file OR Your continuing instructions in this matter will amount to your acceptance of these Terms of Business]. Table of contents • Business hours • Our responsibilities • Your responsibilities • Service levels and frequency of communication • Limit of liability • Banking • Regulated services • Unregulated services • Professional indemnity insurance • Storage and retrieval of files • Outsourcing • External auditing and due diligence • Terminating your instructions • Data protection • Promotional communications • Prevention of money laundering and terrorist financing • Foreign Account Tax Compliance Act • Confidentiality • Receiving and paying funds • Complaints • Our bill • Payment of interest • Investment advice services • Insurance distribution activity • Equality and diversity •...

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On an application to assign (consent not to be unreasonably withheld) can a landlord require the assignee to covenant to comply with the terms of a concurrent lease of the premises that was granted after the lease?

On an application to assign (consent not to be unreasonably withheld) can a landlord require the assignee to covenant to comply with the terms of a concurrent lease of the premises that was granted after the lease? This Q&A has assumed that the lease is a 'new tenancy' under section 1 of the Landlord and Tenant (Covenants) Act 1995. When dealing with an application for consent to assign, a landlord's obligations are governed partly by any relevant contractual provisions in the lease and partly by statute. If a lease contains provisions restricting assignment without the consent of the landlord, then in most circumstances the consent of the landlord must not be unreasonably withheld (section 19(1) of the Landlord and Tenant Act 1927 (LTA 1927)). The burden of proof is on the landlord to show that they are acting reasonably in withholding consent. However, (unless the lease is a residential lease - ie a lease by which a building or part of a building is let wholly or mainly as a...

A company is a tenant under an informal lease agreement. The landlord is a shareholder of the tenant company. As agreed between the parties, the tenant does not pay rent. The landlord has refused the sole director of the tenant company access to the property. The company is in actual occupation of the property and is still operating out of the premises. What provisions can be relied upon when seeking access to the property on behalf of the sole director?

A company is a tenant under an informal lease agreement. The landlord is a shareholder of the tenant company. As agreed between the parties, the tenant does not pay rent. The landlord has refused the sole director of the tenant company access to the property. The company is in actual occupation of the property and is still operating out of the premises. What provisions can be relied upon when seeking access to the property on behalf of the sole director? The following assumptions have been made for the purposes of this Q&A: • the sole director’s actions in operating out of the premises and requiring access in that regard are all within their authority, and undertaken in their capacity, as a director of the tenant company • the landlord is refusing access in the capacity of landlord (ie the landlord’s position as shareholder is irrelevant for these purposes) • the informal lease agreement is a fixed-term or periodic tenancy, rather than being a licence/tenancy at will....

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Public Law weekly highlights—19 September 2024

This week's edition of Public Law weekly highlights include the postponement of ‘go live’ of the Procurement Act 2023 regime, and publication of the Administrative Court Judicial Review Guide 2024. Case reports include Adegboyega v Secretary of State for the Home Department where the High Court awarded damages for unlawful immigration detention and breaches of Convention rights. This weekly highlights also include further updates on Judicial review, Brexit highlights, Brexit SI, Post-Brexit transition guidance, Post-Brexit transition guidance and other public law updates.

Property weekly highlights—25 July 2024

This week's edition of Property weekly highlights includes: the coming into force of certain provisions in the Leasehold and Freehold Reform Act 2024) and cases on the remediation of defective cladding and service charges, legal fees and service charges and unlawful forfeiture in the context of a failed winding-up petition.