Case management

This Practice Note This Practice Note explores the principal procedural steps for bringing a statutory derivative claim under sections 260–264 of the Companies Act 2006 ( CA 2006), covering the permission application and the test the court will apply. It offers guidance on construing and applying the relevant CPR provisions. Depending on the court dealing with your matter, you should also be alert to any additional requirements—see Court-specific guidance below. Practitioners should note that, with effect from 6 April 2023, the CPR provisions concerning derivative claims were amended. In particular, CPR 19 was updated and CPR PD 19C was amended and re-designated as CPR PD 19A. These changes did not materially alter the substance of the approach to derivative claims, but the numbering of the pertinent provisions was changed. Judgments issued before 6 April 2023 may therefore refer to the previous provisions and...

How do I file documents at court? In court procedure, “filing” has a particular meaning. Under CPR 2.3(1), it is “delivering a document or information, by post or otherwise, to the court office”. The method you use can differ depending on the court dealing with the claim. You can file documents in several ways: In electronic form, including: using CE- File electronic working (under CPR PD 5C), which is mandatory in some courts-see: Electronic filing using CE- File by email-see: Electronic filing using email through an online claims service-where a claim starts or continues online, filing will usually be via that service. For details, see Practice Note: Online dispute resolution and the digital justice system- Online County Court services for money claims In...

Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY COURTS LIST Between: [ insert name ] Claimant and [ insert name ] Defendant [ Draft ] Fast track standard directions Further statements of case The [ claimant OR defendant OR other party ] shall lodge a [ name of statement of case ] and, by no later than [ time and calendar date ], serve a copy on the [ claimant OR defendant OR other party ]. Requests for further information Any request seeking clarification or additional information arising from another party’s statement of case must be served no later than [ time and calendar date ]. [ Any such request shall be dealt with by no later than [ time and calendar date ]. ] Disclosure of documents [ [ No document disclosure is required. ] ]...

This Practice Note examines when parties may agree to extend the period for complying with a rule, practice direction or court order that obliges them to take a step within a fixed timeframe and sets out the consequences of any default. For wider guidance on extensions of time, including matters falling outside CPR 3.8(4), see Practice Note: Extension of time. This Practice Note should also be read alongside material addressing the court’s response to party non-compliance and applications for relief from sanction arising from such breaches, which can be found in: Compliance and relief from sanctions—overview. Agreeing an extension of time under CPR 3.8(4) CPR 3.8(4) allows the parties, by prior written agreement, to extend the deadline for performing an act specified by the CPR or a court order where the consequences of failure are prescribed. Any such extension is limited to a maximum of 28 days and must not place any hearing date at risk (CPR 3.8(3) and CPR 3.8(4))...

What is an error of procedure? Procedural missteps may occur in the course of litigation. In certain situations, CPR 3.10 permits the court to correct such a misstep. CPR 3.10 empowers the court to make an order to cure an ‘error of procedure’. The central issue, therefore, is what amounts to an error of procedure. In Steele v Mooney, the Court of Appeal noted that procedural errors can take many forms and are not confined to non-compliance with a rule or practice direction. When considering the phrase, the Court of Appeal concluded there is no need to give ‘error of procedure’ in CPR 3.10 an unduly narrow meaning, as a restrictive interpretation would generate difficult classification questions. That, in turn, would undesirably foster uncertainty and intricate submissions about how an error should be characterised. A broad, common-sense approach should therefore be taken. In Aquila WSA Aviation Opportunities II v Onur Air Tasimacilik, albeit in an obiter section of the judgment, the judge considered whether typographical slips or similar mistakes would fall within procedural error. The judge observed that: ‘It is not safe to assume’...

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR when seeking a stay. Depending on the court handling your case, additional rules may apply—see: Court specific guidance. It addresses when the court may impose a stay and the steps to remove it. It also sets out situations in which a party might seek a stay, for example to facilitate: a challenge to jurisdiction in a cross-border dispute arbitral proceedings settlement discussions awaiting the result of other proceedings, including linked criminal cases time to meet a procedural step or court direction In some circumstances, CPR 15.11 provides for an automatic stay of the claim—see Practice Note: Stay of civil proceedings—automatic stay under CPR 15.11. For guidance on staying an order or judgment while an appeal is pending, see Practice Note: Grounds for appealing and preliminary considerations—Will the terms of the order or judgment under appeal be stayed?...