Addington Chambers
2 Experts
11 Contributions by Addington Chambers Experts
PRACTICE NOTES
This Practice Note sets out the particular rules governing VAT on costs that fall to be the subject of either summary or detailed assessment before the High Court. The applicable provisions are contained in CPR PD 44.
Entitlement to
This is addressed at CPR PD 44, para 2.3 through to CPR PD 44, para 2.6. The party seeking recovery of costs bears responsibility for ensuring that VAT is claimed only if, and only to the extent that, it cannot recover from HMRC the VAT it has incurred (CPR PD 44, para 2.4).
if the VAT is recoverable from HMRC, it should not be included in a claim for costs
if only a proportion of the VAT is recoverable from HMRC, include only that proportion which is not recoverable from HMRC in the claim for costs
The legal adviser’s VAT registration number must appear in a prominent position at the head of
Dispute Resolution
PRECEDENTS
[ To appear on the claimant’s solicitors’ headed notepaper ]
Our ref: [ insert your file reference for this matter ]
FAO [ RELEVANT NAME ]
[ NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]
Dear [ insert name ]
RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
LETTER OF CLAIM
[ Further to our correspondence dated [ insert date of previous correspondence, if any ] ]. We represent [ insert client’s full name ], of [ insert full address ]. This document is our client’s letter of claim, issued in line with the Practice Direction Pre-Action Conduct and Protocols under the Civil Procedure Rules (the Practice Direction). For ease, a copy is enclosed. Please note the closing section of this letter sets out the timeframe for your reply and the
Dispute Resolution
PRECEDENTS
[ To be printed on the claimant solicitors’ letterhead ]
Our ref: [ insert your file reference for this matter ]
FAO [ RELEVANT NAME ]
[ NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]
Dear [ insert name ]
RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
LETTER OF CLAIM
[ We refer to our earlier correspondence dated [ insert date of previous correspondence, if any ]. ]
[ As you are aware, we ] act for [ insert client’s full name ], of [ insert full address ].
This correspondence serves as our client’s letter of claim, issued in line with the Practice Direction Pre-Action Conduct and Protocols to the Civil Procedure Rules (the Practice Direction), and a copy is enclosed for your convenient
Dispute Resolution
PRECEDENTS
[ ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS ]
Our ref: [ insert your file reference for this matter ]
FAO [ RELEVANT NAME ]
[ NAME OF PROPOSED DEFENDANT’S SOLICITORS, IF ANY ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]
Dear [ insert name ]
RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
[ [ Further to our correspondence dated [ insert date of previous correspondence, if any ] ] . ]
[ As you are aware, we OR We ] represent [ insert client’s full name ], whose address is [ insert full address ]. This document is our client’s letter of claim issued in line with the Practice Direction – Pre-Action Conduct and Protocols of the Civil Procedure Rules (the Practice Direction), and for ease of
Dispute Resolution
PRECEDENTS
Dear [ insert name of Party B or its representative ]
[ insert name and date of agreement ]
[ Our client: [ insert client name ] OR [ Insert name Party A ] ]
[ Your client: [ insert client name ] OR [ Insert name Party B ] ]
[ [ As you will know, we OR We ] represent [ insert client name ] ([ insert short name Party A ]). ]
[ This correspondence formally confirms the information relayed to you by [ letter OR e-mail OR telephone call ] dated [ insert date ], from [ insert sender ] to [ insert recipient ]. ]...
Commercial
PRECEDENTS
Dear [ insert Party B’s name or that of its representative ] [ insert the agreement’s title and date ] [ Our client: [ enter client name ] OR [ Enter Party A’s name ] ] [ Your client: [ enter client name ] OR [ Enter Party B’s name ] ]
1
[ [ As you will be aware, we OR We ] act on behalf of [ enter client name ] ([ enter Party A’s short name ])....
Commercial
PRECEDENTS
[ ON THE LETTERHEAD OF THE CLAIMANT’S SOLICITORS ]
Our reference: [ insert your file reference for this matter ]
FAO [ RELEVANT NAME ]
[ NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN ]
[ ADDRESS LINE 1 ]
[ ADDRESS LINE 2 ]
[ POSTCODE ]
[ DATE ]
Dear [ insert name ]
RE [ PROSPECTIVE CLAIMANT’S NAME ] AND [ PROSPECTIVE DEFENDANT’S NAME ]
LETTER OF CLAIM
[ We refer to our correspondence dated [ insert date of previous correspondence, if any ] ]. [ As you are aware, we OR We ] represent [ insert client’s full name ], of [ insert full address ]. This letter constitutes our client’s claim and is issued in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the ‘Practice Direction’), a copy of which is enclosed for your convenience. Please review the closing section of this letter, which
Dispute Resolution
Q&As
Mental incapacity of executor
Mental capacity may justify excluding an executor from probate (see Evans v Tyler (1849) 163 ER 1266 at [131] (not reported on LexisNexis®)). The position for a sole executor who is incapacitated is governed by the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35...
Under the NCPR 1987, SI 1987/2024, the usual course is for the district judge or the registrar to issue a grant of administration (formerly termed a ‘durante dementia’) for the use and benefit of A, to continue until further representation is granted or otherwise as the district judge or registrar directs. See also NCPR 1987, SI 1987/2024, r 31...
Further, r 35(2) of the NCPR 1987, SI 1987/2024, prescribes the order of priority for a grant where the executor lacks mental capacity...
Private Client
Q&As
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) apply to agreements between a trader and a consumer made on or after 13 June 2014. Under CCR 2013, SI 2013/3134, reg 5, three forms of contract are identified:
off-premises contracts — regulation 5 sets out four types of off-premises contract
distance contracts
on-premises contracts — defined as neither off-premises nor distance, meaning a contract concluded at business premises
Contracts are further classified, in reg 5, as:
sales contracts
service contracts
digital content contracts
CCR 2013 requires the trader to provide the consumer with specified information and, in certain situations, grants a right to cancel. Where a cancellation right exists, the information supplied must include a cancellation notice in the model form, or details of how the consumer can access that form...
Commercial
Q&As
Acquisition or appropriation of remainderman's interest
Under a life interest trust, the life tenant is entitled to live in the property or take the income it produces. The scenario assumes the life tenant might acquire the remainderman’s interest in the property, thereby converting their position into an absolute interest. In such a case, the remainderman would receive cash in exchange for their reversionary interest. Where the Will trust does not confer an express power on trustees to reallocate or modify beneficial interests, the life tenant and the remainderman may agree a variation pursuant to the rule in Saunders v Vautier, so long as they are both of full age and have capacity. This route is unavailable if any minors or unborn persons have, or may have, an interest under the trust. If there are potential beneficiaries of that kind, an
Private Client
Q&As
Automatic renewal clauses
Automatic renewal clauses may present in various formats to the following overall effect:
open-ended contract subject to notice—“This Agreement will remain in force for a term of [three] years from the commencement date...”
Commercial
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