Reply Definition

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Statement of case

GLOSSARY

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What does Reply mean?

An optional statement of case in which a claimant may allege facts in response to the defence which were not included in the particulars of claim.

CPR Rule 15.8 provides for the filing and service of a reply. The consequences of filing and service of a reply, or of failing to do so, are set out in CPR Rule 16.7. If the defendant has brought a counterclaim, the defence to the counterclaim and any reply should normally form one document unless the time limit for defending the counterclaim is shorter than that for the reply.

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Considerations when dealing with litigants in person—checklist

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...

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action...

Passing off—flowchart

Passing off—flowchart Passing off action Passing off is a common law action that is used to protect unregistered trade mark rights in the UK. The stages of the Flowchart cover establishing a claim for passing off covering: • the three essential elements of goodwill, misrepresentation, and damage • sending a letter of claim, issuing proceedings and applying for an injunction • commencing proceedings in the general Intellectual Property List or the Intellectual Property Enterprise Court sub-list in the Business and Property Court, in the Chancery Division at the High Court • case management including allocation, the case management conference and directions • disclosure and evidence including inspection, additional disclosure and survey evidence • trial preparation and post-trial activities such as election between damages or an account of profits • applications to appeal Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Passing off—goodwill, misrepresentation and damage • Trade mark and passing off disputes—a practical guide • How to run an IP dispute...

Defended divorce proceedings (pre-DDSA 2020)

Note that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Disputed divorce, dissolution and separation proceedings (post-DDSA 2020).Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications will not be impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice...

Defended suits—nullity (pre-DDSA 2020)

On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 does not make substantive changes to the law regarding nullity proceedings, there are some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service.For details of the procedure for proceedings issued on or after 6 April 2022 see Practice Note:Disputed nullity proceedings (post-DDSA 2020).Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 procedure and such applications will not be impacted by the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022.This Practice Note provides information on the procedure for defending nullity proceedings where the application was issued before 6 April...

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Letter serving application in Form A on mortgagee in financial proceedings

Letter serving application in Form A on mortgagee in financial proceedings [insert mortgagee name] [insert mortgagee address] Dear [insert organisation name] Our client: [insert client’s name] [Property OR Land] address: [insert address of property or land] [ [Property OR Land] title number: [insert title number]] Your reference: [insert reference number] We represent [insert client’s name] in divorce and financial proceedings. [client's name]’s [former] [husband OR wife], [insert name], [is represented by [insert name and address of other party’s solicitors] OR acts in person]. We understand that you have a charge secured against the above detailed [property OR land], which forms part of the matrimonial assets. We confirm that our client has instructed us to make an application to the court for a financial order, including for an order in relation to the [property OR land] detailed above. We enclose a copy of the

Reply (defamation)

Reply (defamation) Claim No.:HQ [insert claim number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST PARTIES: (1) [Insert full name of claimant/first claimant] (2) [[Insert full name of second claimant]] [Claimant OR Claimants] and [Insert full name of defendant] Defendant _____________________________________ REPLY _____________________________________ 1 The [Claimant joins OR Claimants join] issue with the Defendant on his Defence save for the admissions it contains and those averments therein which are expressly admitted below. Paragraph references are to the Defence. 2 The [Claimant denies OR Claimants deny OR that the words complained of in the meanings set out at paragraph 8.1 of the Defence are true. Without limitation to the generality of this denial as to the particulars of truth advanced to support those imputations, the [Claimant pleads OR Claimants plead] as follows: 2.1 [set out the claimant’s/claimants’ response to the Particulars of Truth set out by the defendant in his defence, admitting or denying as appropriate]. 3 It...

Dive into our 156 Precedents related to Reply

Should a buyer of a flat within such building obtain a leaseholder deed of certificate from the seller establishing that the lease is a qualifying lease for the purposes of the Building Safety Act 2022 as part of the purchase process and should this be served on the landlord or retained in anticipation of any future request by the landlord?

Should a buyer of a flat within such building obtain a leaseholder deed of certificate from the seller establishing that the lease is a qualifying lease for the purposes of the Building Safety Act 2022 as part of the purchase process and should this be served on the landlord or retained in anticipation of any future request by the landlord? Is it the case in the situation where the freehold of a mixed use 8-storey building is still owned by the developer but there is a headlease over that part comprising the residential flats which is held by a social housing landlord, neither the freeholder nor the social housing landlord are obligated to pay towards either cladding or non-cladding remediation costs under the Building Safety Act 2022? (BSA 2022)? The Building Safety Act 2022 (BSA 2022) contains provisions intended to protect certain leaseholders of ‘relevant buildings’ (a self-contained building or part of a building containing at least two dwellings which is at least 11 metres in height, or which has...

Is there a time limit for when the tenant can apply for determination of their claim to enfranchise a house where the landlord has not served a response? What impact is there on the proposed premium?

Is there a time limit for when the tenant can apply for determination of their claim to enfranchise a house where the landlord has not served a response? What impact is there on the proposed premium? The Leasehold Reform Act 1967 (LRA 1967) provides leasehold tenants of houses the right to buy the freehold of the house in certain circumstances. There are a number of qualifying criteria in respect of the same, for example, the lease must have originally been for a term in excess of 21 years, and the leaseholder must have held the lease for a two year period prior to making an application. The procedure for purchasing the freehold is commenced by the tenant issuing a notice, which is prescribed by the Leasehold Reform (Notices) Regulations 1997, SI 1997/640. A different form of notice can be used as long as all the prescribed information is contained within the notice, but it is advisable to use the prescribed form. Once the landlord has received the tenant’s notice, they...

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Temu’s practices found to breach EU consumer laws

The European Commission has notified Temu that several of its practices breach EU consumer law and has ordered it to bring those practices into compliance. In particular, a co-ordinated investigation by the Consumer Protection Cooperation (CPC) Network, the Commission, and national authorities found that Temu was creating false impressions that products were offered at a discount, pressuring customers into purchasing products by making false claims about limited supplies and purchase deadlines, and displaying incomplete and incorrect information about consumers' rights regarding returns and refunds. In addition, Temu forced customers to play a ‘spin the fortune wheel’ game to access the marketplace, used fake reviews, and made it difficult to access its contact details. Temu has one month to reply to the CPC Network’s findings and to propose commitments on how the identified issues will be addressed. Should Temu fail to address the concerns, national authorities will be able to take enforcement action, such as imposing fines.

Commercial weekly highlights—7 November 2024

This week's edition of Commercial weekly highlights includes: news of the publication of the Court of Appeal’s decision in Topalsson GMBH v Rolls-Royce Motor Cars Ltd which considers whether a limitation cap applied before set-off was applied, commentary on the decision in URE Energy Ltd v Notting Hill Genesis which considers whether a contractual right to terminate was effectively waived, and news that the Home Office has published guidance on the corporate 'failure to prevent fraud' criminal offence included in the Economic Crime and Corporate Transparency Act 2023.

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