Issues with service—overview

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

This Practice Note addresses the correction of accidental slips or omissions in judgments or orders under CPR 40.12, outlining when the rule can, and cannot, be invoked and the approach to making an application. What is the slip rule? The slip rule is the mechanism by which the court may amend an accidental slip or omission in a judgment or order (see CPR 40.12; CPR PD 40B, para 4.1 and CPR PD 40B, para 4.5). CPR 40.12 provides that the court may at any time correct an accidental slip or omission in a judgment or order. The phrase ‘any time’ needs no further gloss or explanation and means exactly what it says: the jurisdiction is not limited to orders that are still in existence (IC v RC—while a family case, it considered an identical provision to CPR 40.12 in the Family Procedure Rules). This jurisdiction is restricted to genuine slips or omissions—the operative word is ‘accidental’—in the text of a sealed court order or a handed-down judgment. It cannot be used to correct substantive errors, for example a mistake of law...

Drafting a defence under CPR 7 This Practice Note sets out practical direction for preparing a defence to proceedings issued under CPR 7. Read it alongside Practice Note: Drafting statements of case, which outlines general points on statements of case, including format, the requirement for a statement of truth, and electronic filing. It offers hands-on pointers for composing a defence, including how to challenge shortcomings in the particulars of claim and how to plead specific defences such as limitation, contributory negligence, illegality, and failure to mitigate. For the procedural rules governing defences, see Practice Note: Drafting the defence—formalities. This Practice Note addresses only defences to claims under CPR 7. Where a claim proceeds under CPR 8, no defence need be filed (CPR 8.9). For further detail on CPR 8 claims, refer to Practice Note: CPR Part 8 claims (alternative procedure for claims). For guidance on filing, see Practice Note: Filing the defence. For guidance on service, see Practice Note: Serving the defence. For a general model to assist with drafting, consult Precedents: Defence...

This Practice Note offers direction on interpreting and applying the pertinent provisions of the Civil Procedure Rules (CPR). Requirements can vary depending on the court in which your case is progressing, so be alert to any extra provisions—for further guidance, see: Court specific guidance. The Note concentrates on preparing the particulars of claim for a claim issued under CPR 7. It should be read together with Practice Note: Drafting statements of case, which supplies general guidance on statements of case, including formatting requirements, the requirement for a statement of truth, and the filing of statements of case. For general information on using CPR 8 (the alternative procedure 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? Where practicable, the particulars of claim should be included within the claim form (CPR PD 16, para 3.1). They may alternatively be provided in a separate document (CPR 7.4(1)). For further information on which claim form to select and its contents, see Practice Note: Claim form—the contents—Which claim form?...