4 Pump Court
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20 Contributions by 4 Pump Court
PRACTICE NOTES
This Practice Note sets out the circumstances in which an adjudicator may step down, whether by choice or because they must, and summarises the applicable resignation procedure. For guidance on which party bears the adjudicator’s fees after a resignation, see Practice Note: An adjudicator’s fees and expenses. On the ability of a referring party to terminate an adjudication, see Practice Note: Abandoning the adjudication.
Voluntary resignation
Whether an adjudicator can resign of their own accord is dictated by the rules that govern the adjudication; in practice, if an adjudicator is unwilling to continue, there is little the parties can do (or may wish to do) to compel them to carry on. Typical grounds include illness or unforeseen personal matters, but most rules that allow voluntary resignation do not expressly oblige the adjudicator to provide reasons.
Under the Scheme for Construction Contracts, an
Construction
PRACTICE NOTES
This Practice Note explores an adjudicator’s jurisdiction/authority, including how it comes about, whether an adjudicator can issue a binding ruling on their own jurisdiction, and the effect (if any) of mistakes of fact, errors of law or procedural irregularities on that jurisdiction. For guidance on contesting an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication.
What is the adjudicator’s jurisdiction?
The adjudicator’s jurisdiction (or authority) is, at its core, the power to decide matters concerning the parties’ rights.
The adjudicator’s authority derives from:
the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)
the contract between the parties, and/or
the applicable adjudication rules, such as the Scheme for Construction Contracts
‘Adjudicator’s jurisdiction’ is also used to describe the scope of what they may determine, namely the dispute set out in the Notice of
Construction
PRACTICE NOTES
This Practice Note describes the nature of a Referral Notice (often called a ‘Referral’) and outlines the material it ought to include. It further offers pragmatic guidance on preparing a robust Referral Notice, and examines the timing for service together with the ramifications of missing the service deadline. For a Precedent Referral Notice, refer to: Referral Notice for an adjudication. It explains what the document should contain and how best to present it in practice to achieve effective drafting.
What is the Referral Notice?
After a Notice of Adjudication is issued and an adjudicator has been appointed, the dispute must be formally put before the adjudicator. The Referral Notice is the written referral of the dispute to the adjudicator, intended to present the referring party’s case with clarity and brevity. In effect, it combines the party’s pleadings, evidence, and submissions in a single
Construction
PRACTICE NOTES
Parties to a ‘construction contract’ are entitled to refer any crystallised dispute to adjudication at any time. For further detail, see the following Practice Notes:
Practice Notes
The right to adjudicate
Adjudication—is there a ‘dispute’?
What is a construction contract under the HGCRA 1996?
Where the right to adjudicate is available, the next step is to assess whether adjudication is a workable method of resolving the matter. There is a statutory 28‑day timetable for adjudication, which may render it unsuitable for very large or highly complex claims. This constraint can be alleviated if the parties agree to extend the period within which the decision must be issued, or if the referring party splits the case into more than one adjudication. Even so, if the claim cannot be fairly determined within the restricted timeframe, adjudication may not be the
Construction
PRACTICE NOTES
This Practice Note considers
the right to advance additional submissions in an adjudication after the Response (often described as Reply > Rejoinder > Surrejoinder, and so on)
the nature, format and practical drafting points for those submissions
For guidance on other adjudication documents, see Practice Notes:
The Notice of Adjudication
Adjudication—the Referral Notice
Adjudication—the Response
Entitlement to make further submissions after the Response
There is no inherent entitlement to serve material beyond the Response, and an adjudicator does not offend natural justice by declining to allow it (Barry M Cosmetics v Merit Holdings; AMEC Group v Thames Water). See also News Analysis: Natural justice does not require an adjudicator to permit a Rejoinder (Barry M Cosmetics v Merit). Nor is it necessarily contrary to natural justice for an adjudicator to impose a timetable that leaves no room for a
Construction
PRACTICE NOTES
This Practice Note looks at preventing enforcement of an adjudication decision by obtaining a stay of execution.
Where a stay is made, the court will still enter summary judgment to enforce the adjudicator’s decision, yet it will also suspend the enforcement of that judgment—effectively placing the obligation to pay on temporary hold. This Practice Note examines why a stay might be ordered, the principal considerations the court will take into account when deciding whether to grant one, the scope for partial stays, and whether an arguable case that the adjudication decision was incorrect is required. For guidance on other routes to resist enforcement (for example, using set off or seeking a declaration), see the Adjudication enforcement and challenges subtopic for further direction.
Which circumstances could reasonably warrant ordering a stay of execution in practice?
A stay of execution of summary judgment proceedings enforcing an
Construction
PRACTICE NOTES
This Practice Note examines an adjudicator’s right to be paid their fees and expenses, their authority to decide who bears that cost, the scope to contest the ‘reasonableness’ of an adjudicator’s fees, and what happens if an adjudicator delivers an unenforceable decision (for example, because they have breached principles of natural justice). It also considers who must meet those sums.
Ordinarily, on appointment an adjudicator will issue terms and conditions of appointment, setting out how they will be remunerated. Those terms may expressly address circumstances where the adjudication concludes early (for whatever reason) or where the decision is unenforceable.
The Practice Note is largely concerned with situations where no terms and conditions are issued, or where they do not deal with the material scenarios, including where such terms are silent on key issues. In particular, it considers the relevant provisions of the Scheme for
Construction
PRACTICE NOTES
This Practice Note explains when the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies.
In summary:
the HGCRA 1996 extends to construction contracts
what amounts to a construction contract is set out in HGCRA 1996, s 104
a construction contract concerns construction operations as defined in HGCRA 1996, s 105
a construction contract must contain specified terms dealing with adjudication and payment
for hybrid agreements (ie covering construction operations alongside other matters), the HGCRA 1996 applies only to the construction operations
the mandatory provisions are disapplied for contracts with residential occupiers
for contracts made before 1 October 2011, the HGCRA 1996 only applied where the contract was in writing
Significance of contract being a construction contract
Statutory adjudication
Parties have a mandatory right to adjudicate under the HGCRA 1996 only if the relevant agreement is a construction contract (as defined by HGCRA 1996, s 104). Where an agreement is a
Construction
PRACTICE NOTES
Note:
This Practice Note provides focused guidance for proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. Because these sit alongside the wider CPR framework, it should be read together with general materials on preparing for and attending trial, including Trial—overview, which itself links to detailed guidance on specific aspects of trial preparation and attendance.
Shorter and flexible trials schemes—TCC claims issued on or after 1 October 2015 may fall within, or be appropriate for, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details, see the Practice Notes Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme.
Electronic working—guidance on electronic working in the TCC is available in Practice Note: TCC—starting a claim—High Court or County
Construction
PRACTICE NOTES
This Practice Note explores the scope and application of declarations pursuant to CPR 8 within the context of adjudication proceedings. It addresses the different points at which such relief might be pursued—prior to commencement of an adjudication, whilst one is ongoing, and following delivery of an adjudication decision.
For general guidance on Part 8 claims, refer to Practice Note: CPR Part 8 claims (alternative procedure for claims).
Why are Part 8 proceedings used?
In relation to adjudication proceedings, declarations under CPR Part 8 are typically sought to:
obtain clarification before or during the adjudication—eg to resolve a potential breach of natural justice or a jurisdictional challenge;
secure final determination on a point, the effect of which is to trump the adjudication decision (see, for example, Leeds City Council v Waco)
The latter route is considerably more prevalent because it is usually not possible to stave off
Construction
PRACTICE NOTES
This Practice Note discusses the following topics:
the scope for parties to advance fraud allegations during an adjudication
the situations in which fraud allegations may allow a party to resist enforcement of adjudication decisions
fraud occurring within the adjudication process itself
Distinct rules govern fraud allegations made in, or connected with, adjudication, and when such allegations may allow the losing party to contend that the adjudicator’s decision is not enforceable.
Fraud as a defence in the adjudication itself
Where a party knows the facts capable of undermining evidence or argument while the adjudication is underway, it can—and should—raise them in that forum. Fraud may operate as a defence in adjudication just as it does in court or arbitration: it requires clear, unmistakable evidence to support it in the same manner, and must be proved with sufficient clarity—in light of the
Construction
PRACTICE NOTES
This Practice Note examines the most common route to enforcing an adjudication decision—issuing a Part 7 claim with an application for summary judgment in the TCC, as set out in section 9 of the TCC Guide. It also addresses the scope to secure enforcement by seeking a mandatory injunction, in appropriate cases, and the impact of a clause conferring foreign jurisdiction on adjudication enforcement proceedings. Although a Part 7 claim is the usual, and preferred, route to enforce an adjudicator’s decision, there are some infrequently used alternative avenues available. Parties may make an application to the TCC for declaratory relief under CPR Part 8 where a significant dispute of fact is improbable and no money judgment is pursued—see Practice Note: Adjudication and Part 8 proceedings. In certain cases it might be feasible to rely on insolvency proceedings to secure compliance with an
Construction
PRACTICE NOTES
Principles of natural justice
If an adjudicator infringes the rules of natural justice during adjudication, a serious breach can render the decision a nullity. The principle has three familiar elements:
no person should adjudicate their own cause
a party must be told the allegations it faces and allowed a fair chance to respond
a party is entitled to have its case determined by an impartial and unbiased tribunal
In reality, disputes about the first of these are rare in construction adjudication. Should there be any indication that an adjudicator must rule on the propriety of their own behaviour, resignation would ordinarily follow. For guidance on an adjudicator’s resignation, see Practice Note: Resignation by the adjudicator. The courts have repeatedly outlined what amounts to a breach of natural justice, with leading Court of Appeal authorities including Carillion Construction v Devonport Royal Dockyard and Amec v
Construction
PRACTICE NOTES
This Practice Note examines how to object to an adjudicator’s jurisdiction, covering whether a party must raise a challenge, how to frame an effective reservation of rights, the reach and implications of approbation and reprobation (treating an adjudicator’s decision as effective for limited purposes while simultaneously contesting its validity), and practical steps for handling and responding to such challenges, including timing and tactics. It also addresses the availability of recourse from the court, ie seeking a declaration to determine an adjudicator’s jurisdiction or an injunction restraining the commencement or continuation of an adjudication. For information on the various grounds upon which a jurisdictional challenge might be made, see Practice Note: Grounds for a jurisdictional challenge in an adjudication.
Does a challenge have to be made?
A decision issued by an adjudicator who lacks jurisdiction is a nullity. Strictly speaking, parties are not required to
Construction
PRACTICE NOTES
The question of severance typically emerges on an enforcement application where the court has accepted a jurisdictional challenge or found a breach of the rules of natural justice, but only in relation to part of the adjudicator’s decision. The issue, therefore, is whether discrete elements of the adjudicator’s decision can be severed and enforced, even if other elements were reached without jurisdiction or in breach of natural justice. Severance may likewise surface where the court has concluded (eg in Part 8 proceedings) that the adjudicator’s reasoning on a particular point was flawed (see, for instance, Willow Corp v MTD Contractors). For general guidance on breaches of natural justice, the grounds for jurisdictional challenges, and Part 8 proceedings, see Practice Notes: Breach of natural justice in adjudication, Grounds for a jurisdictional challenge in an adjudication and Adjudication and Part 8
Construction
PRACTICE NOTES
This Practice Note highlights key distinctions between adjudication and litigation, arbitration, mediation and expert determination
Litigation
Adjudication offers a rapid, provisional, interim route to resolve disputes; its outcome is binding until finally settled by arbitration, litigation or agreement. The principles of natural justice that are fundamental in litigation also apply in adjudication. However, within adjudication, observance of natural justice yields to the overriding need for a determination within a very limited period. See Practice Note: Breach of natural justice in adjudication.
Confidentiality
In litigation the court’s judgment is public. Adjudicators’ decisions rarely reach the public domain because they carry little authority in other proceedings. In addition, parties to adjudication can enter into a confidentiality agreement.
Procedure
Litigation is controlled by the Civil Procedure Rules. For adjudication, the governing legislation—covering, among other things, timetable and process—is Part II of the Housing Grants, Construction and Regeneration Act 1998 and, where
Construction
PRECEDENTS
Damages claim for misrepresentation, at common law and/or under the Misrepresentation Act 1967, s 2
The Claimant entered the contract in reliance on the Defendant’s assurances that every parcel of land needed for the scheme had already been secured and that former local residents supported the project. See Schedule X. The Claimant says this amounted to fraudulent misrepresentation: the assertion was untrue and the Defendant knew it. Alternatively, the statement is said to have been made negligently, as the Defendant lacked any reasonable basis for believing it was accurate. When the Contract was executed, a number of local residents refused to sell their land, and residents carried out protests within the Site for the duration of the works, which halted operations at the protest locations...
Construction
CHECKLISTS
This checklist flags matters often needing attention before a party refers a dispute to adjudication. It also points to detailed, in-depth guidance on the various topics and identifies the relevant provisions of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) where appropriate, as well.
Legal matters
Confirm there is a lawful basis to refer the dispute to adjudication, including whether it has crystallised and falls within the class of disputes that may properly be adjudicated.
Entitlement to refer a dispute to adjudication
The referring party must hold a legal entitlement to refer a dispute to adjudication. That entitlement may arise under statute, under the contract, or by an ad hoc agreement between the parties.
Accordingly, consider the following:
Is there a
Construction
17 Contributions by 4 Pump Court Experts
PRACTICE NOTES
The concept of ‘damage’ in the insurance context
‘Damage’ is pivotal in defining the extent of cover offered across many forms of insurance. Typical policy classes where recovery depends on establishing property damage include:
marine cargo insurance
construction all risks (CAR) cover
household and commercial property insurance
business interruption insurance, particularly when paired with a traditional property policy
sue and labour or investigation expense cover under certain property policies
liability policies responding to the insured’s legal liability for physical damage to a third party’s property
The exact sense of ‘damage’ can shift, and it is always shaped by the context in which the word appears. There is no all‑purpose definition that applies in every case; as ever, the term must be construed by reference to the specific insurance policy in which it features.
A policy may or may not set out a bespoke definition, or, failing that, offer other
Insurance & Reinsurance
PRACTICE NOTES
This Practice Note outlines the purpose and functions of sea carriage documents in relation to the delivery of cargo, with particular attention to bills of lading and sea waybills. It explains that a bill of lading may be issued as a charterers’ bill or an owner’s bill, and that such documents operate both as evidence of the contract of carriage and as security for finance.
Sea carriage documents
A sea carriage document is produced to obtain release of goods, either at the port of discharge or at the nominated place of delivery, depending on the form issued by the carrier to the shipper. That document will be either:
a bill of lading
a sea waybill
For more detail on bills of lading and sea waybills, see the Practice Note: Bills of lading and sea waybills.
Bill of lading
A bill of lading may be:
bearer bill of
Commercial
PRACTICE NOTES
This Practice Note
This Practice Note outlines the legal principles applicable to charterparties in arrangements for the seaborne carriage of goods. It summarises the core characteristics of voyage, time, bareboat and slot charters, together with the remedies in damages for breach associated with each category. Concluding remarks provide pointers on current legal developments affecting charterparties. Every day, a substantial quantity of cargo travels by sea, bringing into play, on a daily basis, the terms and obligations found in numerous charterparties. That commercial activity, coupled with the inherent hazards of maritime transport, fosters the emergence of disputes in this fast-moving field of law. A charterparty (or 'charter') is a contractual instrument that records the conditions upon which a shipowner permits others to employ the vessel, whether needed for a defined period or for a particular voyage agreed between the parties and set out in the
Commercial
PRACTICE NOTES
This Practice Note introduces two categories of cargo carrier—common carriers and private carriers—and sets out the key features of their respective liabilities within contractual relationships. It deals solely with the carriage of goods and does not extend to passenger transport.
Definition of carrier
A ‘carrier’ is, in simple terms, a person who transports cargo (and, in other contexts, passengers—though passenger carriage falls outside this Practice Note) for the benefit of others, whether free of charge or for payment (a ‘reward’).
The types of carrier are:
common carriers
private carriers
other carriers with special rights and duties
For the avoidance of doubt, the following are not carriers:
stevedores
forwarding agents who only arrange or procure carriage by others
Although not carriers for the purposes of this Practice Note, logistics companies often contract with clients on terms that address the storage and movement of goods. The
Commercial
PRACTICE NOTES
This Practice Note sets out categories of documents that serve both as a document of title and as an instrument under which goods are carried across borders. Instruments under which goods are carried, and those evidencing title to goods, are vital to the efficient operation of international trade. By far the pre-eminent example in international trade is the bill of lading; see Practice Note: Bills of lading and sea waybills.
Documents of title
In international carriage and/or sales of goods, documents of title commonly enable the holder or bearer to:
clearly demonstrate ownership
take delivery of goods from a carrier
Describing a document as a ‘document of title’ applies the Hague-Visby Rules to the contract of carriage, under provisions of the Carriage of Goods by Sea Act 1971...
Commercial
PRACTICE NOTES
E&W Brussels I (recast)—exclusive jurisdiction (art 24) [Archived]
ARCHIVED: This Practice Note has been archived and is not maintained. It outlines Article 24 of Regulation (EU) 1215/2012 (Brussels I (recast)), which allocates exclusive jurisdiction to the courts of an EU Member State, irrespective of the defendant’s domicile or any conflicting party agreement.
It addresses claims relating to:
immovable property (Article 24(1))
a company’s constitution, corporate governance, and the validity of actions (Article 24(2))
public registry entries (Article 24(3))
intellectual property rights (Article 24(4))
all proceedings concerning the enforcement of judgments (Article 24(5))
The Note also considers how Article 24 applies to the UK as a non-EU Member State (a third state) following its departure from the EU, subject to transitional provisions in the Withdrawal Agreement. For general guidance on applying this article to third states, and on other
Dispute Resolution
PRACTICE NOTES
Hague-Visby Rules (the Rules)
This Practice Note outlines the Hague-Visby Rules, international rules governing the carriage of goods by sea, enacted into English law by the Carriage of Goods by Sea Act 1971 (CGSA 1971). It summarises the scope of the Rules, the carrier’s obligations, limits of liability and available immunities under the Rules, and the applicable time bars.
The Rules are contained in three international instruments:
the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1924) (Hague Rules)
the Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1968) (The First Visby Protocol)
the Protocol Amending the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading (1979) (The Second Visby
Commercial
PRACTICE NOTES
This Practice Note
This Practice Note offers an overview of the common law and the conventions that regulate international carriage by air. It sets out the carrier’s liability and the assessment of damages at common law and under the relevant conventions. The Warsaw Convention and the Montreal Convention (together with their various iterations) are outlined, alongside guidance on determining which convention governs a particular matter, and a discussion of limits of liability, jurisdiction, and limitation periods under those regimes.
The Note also introduces cargo documentation requirements and the allocation of responsibility for loss, damage, or delay affecting cargo. Carriers transporting goods by air may face liability under:
common law
international conventions
EU regulations
This Practice Note serves as an entry point to a broad and intricate subject examined comprehensively in Shawcross & Beaumont: Air Law. Its emphasis is on the common law and, to an even
Commercial
PRACTICE NOTES
Uniform rules concerning the contract for international carriage of goods by rail (CIM): Encyclopaedia of Forms and Precedents [43]
This Practice Note summarises the legal position on the carriage of goods by rail as set out in the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM). It covers:
the scope of application of CIM;
the contract of carriage governed by CIM;
the apportionment of liability under CIM;
time bars;
jurisdiction.
It explains each of these elements within the framework of CIM. It also sets out time bars and jurisdiction under CIM, and the basis on which liability is shared. International rail carriage is regulated by the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) (the Rules). The Rules are made under the Convention concerning
Commercial
PRACTICE NOTES
Example delay schedule No.
Scott Schedules are frequently invaluable and widely used in construction disputes. They serve to pinpoint the central issues between the parties and to present, in a single document for the judge, a concise outline of the opposing cases on an item‑by‑item basis. The call for a Scott Schedule in construction matters arises because such disagreements are often factually intricate and wide‑ranging. Shuttling back and forth between the parties’ competing (and often very lengthy) statements of case to compare what each says about a specific item can be both confusing and time‑consuming. A Scott Schedule is intended to provide a single source that sets out the rival positions clearly and accessibly. Scott Schedules are commonly used to contrast the parties’ respective stances in:
defects cases
final account/valuation disputes
delay claims
Scott Schedules take their name from one of the early
Construction
PRACTICE NOTES
This Practice Note sets out the legal framework and practical issues around bills of lading and sea waybills used in the context of arrangements for transporting goods by sea. It outlines how bearer bills, order bills and seaway bills differ, in practice, and describes the roles of a bill of lading as receipt, title document and contractual instrument. The Note also identifies the parties to the carriage contract, how they interact with third parties, and, in particular, the means by which rights under the paperwork can be effectively transferred.
A bill of lading:
is issued by or on behalf of the sea carrier to the person with whom the carriage contract is concluded
records or evidences that contract and its terms
serves as evidence of receipt of the cargo
operates as a document of title
Types of
Commercial
PRACTICE NOTES
What is product liability insurance?
This cover indemnifies businesses for legal responsibility owed to end users of goods they make or supply. In general, such responsibility may stem from negligence (see: Donoghue v Stevenson), the strict regime under the Consumer Protection Act 1987 (CPA 1987), or contractual duties, whether express or implied by the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982, or the Consumer Rights Act 2015. At its core, the policy responds to claims for personal injury or physical damage to property. It typically excludes loss to the faulty item itself and purely economic loss. This insurance is not mandatory and no single ‘standard form’ applies; numerous packaged options exist, frequently bundled with public liability and/or general liability insurance. Larger insureds with elevated risk, or those making or selling unusual goods, can obtain bespoke wordings. The
Insurance & Reinsurance
PRACTICE NOTES
This Practice Note
This Practice Note reviews the frameworks governing road haulage of goods within the UK, as well as international movements subject to the Convention on the Contract for the International Carriage of Goods by Road (the CMR Convention). It sets out carrier liability and the assessment of damages at common law, and how these interact with commonly adopted hauliers’ standard conditions. It also outlines the CMR regime, touches on multimodal carriage, and addresses limitation of liability, jurisdiction and time limits under the CMR. Further sections introduce the consignment note, liability for loss or delay in transit, and the carrier’s available defences.
This Practice Note will consider the regimes covering:
carriage of goods by road within the jurisdiction
international carriage of goods under the CMR Convention
For domestic carriage, it surveys methods of incorporating standard terms and how carriers exclude or limit
Commercial
PRECEDENTS
Case No. [ insert claim number ]
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES
INTELLECTUAL PROPERTY LIST (ChD)
[ INTELLECTUAL PROPERTY ENTERPRISE COURT ]
Before:
Date:
BETWEEN:
[ insert full name of claimant ] Claimant
and
[ insert full name of defendant ] Defendant
ORDER
UPON the hearing of Claim [ insert claim number ], tried before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ];
AND UPON the Court having heard [ insert name ], Counsel for the Claimant(s), and [ insert name ], Counsel for the Defendant(s);
AND UPON the Court handing down judgment on [ insert date ];
AND UPON the Court determining the Claimant’s claims for infringement of database right in the Claimant’s favour;
[ AND UPON the Court rejecting the Defendant’s counterclaim for [ insert details of counterclaim ]; ]
IT IS ORDERED
IP
PRECEDENTS
Case No. [ insert number ]
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES
INTELLECTUAL PROPERTY LIST (ChD)
[ INTELLECTUAL PROPERTY ENTERPRISE COURT ]
BETWEEN:
[ insert full name of claimant ] Claimant
and
[ insert full name of defendant ] Defendant
DEFENCE
Unless stated otherwise in this Defence:
references to paragraph numbers are to those in the Particulars of Claim;
defined expressions carry the meanings given in the Particulars of Claim, without admission; and
save where expressly admitted or not admitted below, the Defendant denies each allegation in the Particulars of Claim. Any matter not specifically addressed herein is required to be strictly proved.
Any document mentioned in this Defence is to be read at trial for its full
IP
PRECEDENTS
Case No. [ insert number ]
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES
INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ]
Between[ insert full name of claimant ] (Claimant)and[ insert full name of defendant ] (Defendant)
PARTICULARS OF CLAIM
The Claimant
The Claimant is, and throughout all relevant periods has been, [ insert details of claimant ]. The Claimant’s core business activity is [ insert type of business carried out ]. In particular, the Claimant [ insert brief description of claimant’s business relating to the database ].
The Claimant’s Database
The database comprises a compilation of discrete [ works, data or other materials ], organised in a systematic or methodical manner and with items individually accessible by [ electronic or other means ]. The database contains information relating to [ insert details of relevant database eg
IP
PRECEDENTS
Case No. [ insert claim number ]
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST (ChD) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ]
BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant
REPLY
1 Save where stated otherwise, paragraph number references in this Reply refer solely to those within the Defence...
IP
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