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This timetable sets out the key procedural steps for disclosure under the Disclosure Scheme operating in the Business and Property Courts It outlines the required process, spanning document preservation duties, Initial Disclosure, completion of the Disclosure Review Document (DRD), Extended Disclosure, and the actions to be taken at and following the case management conference (CMC). Document preservation obligations Initial Disclosure Disclosure Review Document (DRD) Extended Disclosure Steps at and after the CMC For these purposes, it is assumed the parties are legally represented. Note: this timetable does not cover disclosure under CPR 31. For additional guidance on CPR 31 disclosure, see: Disclosure-overview. The Disclosure Scheme is mandatory for most claims in the Business and Property Courts under CPR PD 57AD (in force from 1 October 2022). To assess whether the Scheme applies to a particular claim, see: Which disclosure rules apply to my claim-flowchart? and the Practice Notes: Disclosure Scheme-definitions, principles and duties; Disclosure Scheme-when and where it...
Before commencing the arbitration Check limits; confirm SIAC clause; interim relief; tribunal size; proper nominations. Emergency measures Seek Emergency Arbitrator pre-constitution; urgent, Registrar-approved, binding relief. Expedited Procedure Apply pre-constitution; expect sole arbitrator, streamlined process, six‑month award. Commencing the arbitration Serve Notice on Registrar/respondent with required particulars, funding statement, fee. Responding to the arbitration Respond within 14 days; address claims, jurisdiction and counterclaims. Jurisdiction Arbitration proceeds unless screened; tribunal rules; object under Rule 31. Preliminary meeting and directions Attend administrative calls; hold early case management conference. Written statements File Claim, Defence, Counterclaim as directed; state facts, grounds, relief. Evidence Tribunal controls evidence; written testimony allowed; oral examination on request. The hearing Any party may...
The following provides a list of considerations that are useful to be explored when determining whether to make an application for a preliminary issues trial or split trial, or when seeking to oppose an application for one. Where a preliminary issues trial or a split trial is contemplated or resisted, ensure there is a distinct separation between the matters to be dealt with at each hearing, should such a course be ordered. Keep in mind that the court will consider the full circumstances of the dispute in deciding whether to make any such order. Accordingly, any list of points to weigh up serves only as an initial guide, and you will need to allow for considerations that are specific...
Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...
Stage 1—preparing to bring a claim and pre-action matters Guidance on UK trade mark infringement, offences, passing off, interim injunctions, running IP disputes, privilege, dispute resolution (mediation and arbitration), and the Disclosure Scheme; plus checklists and forms (injunction, application, hearing) Stage 2—Letter before action alleging infringement Notes on infringement, passing off, unjustified threats and drafting; includes a trade mark letter of claim precedent Stage 3—commencing proceedings Procedure, defences and exceptions, IPEC flowchart, pleadings and initial disclosure precedents, and CPR/Part 36 forms Stage 4—case management Procedure and Disclosure Scheme notes, court guides (Chancery, Patents Court, IPEC and Small Claims), and case management questionnaires, Disclosure Review Document, Certificate of Compliance, budgets and directions Stage 5—disclosure and evidence Surveys and witness evidence (PD 57AC), privilege, disclosure (including electronic) and flexible trials; witness statement and Extended Disclosure precedents; affidavits, applications and certificates Stage 6—trial...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero (DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme (UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification (MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe (AFME) has provided...
In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...
In this issue: Key DR developments Claims and remedies Cost and funding Case management Scottish Dispute Resolution New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court information HMCTS updates Form N215 certificate of service HM Courts & Tribunals Service (HMCTS) has issued a revised English Form N215 Certificate of Service for civil proceedings, which also brings in a new statement of truth. While the layout has been updated, the details required remain unchanged, with extra notes added to assist with completing the form. For further detail, see: HMCTS updates Form N215 certificate of service—LNB News 27/01/2026 36. Additional permanent courtrooms to boost capacity The government will make four former Nightingale Courts in Fleetwood, Telford, Chichester and Cirencester permanent, creating 11 additional courtrooms across England and Wales to increase capacity for criminal, family and civil work and help cut delays. For further detail, see:...
This Practice Note sets out summaries of costs judgments where the court declined to order indemnity costs. It identifies the principal question determined in each matter and offers observations on the ruling. Every matter is fact-specific; accordingly, these decisions are intended only to illuminate the court’s approach and should not be treated as precedents for how the courts will proceed in any particular circumstance. For examples of cases where indemnity costs were allowed, see Practice Note: Indemnity costs permitted—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles. Indemnity costs refused Case and citation: Gagliardi v Evolution Capital Management LLC [2025] EWHC 3488 (Comm) Issue: Whether indemnity costs ought to be ordered against the defendant because the substance of its defence and counterclaim took the dispute outside the norm. Comment: As to indemnity costs, it was observed that, considering the conduct of the proceedings overall, this was a hard-fought Commercial Court matter where both parties could, at points, have...
Note: The Hong Kong judgments mentioned below are not reported by LexisNexis®. Introduction The Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) was adopted by the United Nations Conference on International Commercial Arbitration held in New York on 10 June 1958. In the Arbitration Ordinance (Cap 609) (AO), the New York Convention is described as the Convention. Section 87 of the AO and Order 73, rule 10 of the Rules of the High Court (Cap 4A) (RHC) govern the enforcement of a Convention Award: Evidence required for enforcing Convention awards (AO, s 88) Refusal of enforcement of Convention awards (AO, s 89) Convention awards A Convention award means an arbitral award made in a state, or in the territory of a state, other than China or any part of China, which is a party to the Convention (AO, s 2(1)). The United Nations maintains a list of the Convention’s parties and their status....
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))...
In the Family Court sitting at [ Court name ] Case no: [ Case number ] Proceedings under: The Matrimonial Causes Act 1973 The Civil Partnership Act 2004 The Child Support Act 1991 Schedule 1 to the Children Act 1989 The Inheritance (Provision for Family and Dependants) Act 1975 The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 The Trusts of Land and Appointment of Trustees Act 1996 The Married Women’s Property Act 1882 and ss 67, 68 and 74 of the Civil Partnership Act 2004 OR [ (DELETE AS APPROPRIATE) ] The [ Marriage OR Civil Partnership OR Relationship OR Family ] of [ applicant name ] and [ respondent name ] Heard [ name the advocate(s) who appeared ]; considered documents filed by the parties [ [ (IN THE CASE OF AN ORDER MADE WITHOUT NOTICE) ] read the statements and heard the witnesses...
At the Family Court held at [ Court name ] Case No: [ Case number ] Non-Molestation Order The Family Law Act 1996 Full name(s) of the child(ren)Boy or girlDate(s) of birth [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] Before [ name of judge ], in private, on [ date ] at a [ type of hearing ] Important notice to the respondent, [ RESPONDENT NAME ] of [ RESPONDENT address ] You are required to comply with this order. Please read it thoroughly. If any part is unclear, seek advice from a solicitor, a Legal Advice Centre or the Citizens Advice Bureau. You have the right to ask the court to vary or discharge this order. Warning: without reasonable excuse, doing anything this order prohibits amounts to a criminal offence; on conviction you may be liable to imprisonment for a...
[ insert name and address of the claimant or the claimant’s legal representative ] [ insert date ] [ Claimant v Defendant—Case number ] Dear [ insert organisation name ] Thank you for your letter dated [ insert date ] seeking extra time for [ describe the length of the extension requested and the step to be taken ]. [ Either: We have reviewed your request and are unable to agree. [ Provide reasons for refusal ] OR explain why the period requested is too long and put forward a shorter timetable ] OR We have considered the request and will agree subject to these conditions: Your client shall pay our client’s costs arising from this request [ in the sum of £… ] within [ ] days of this letter. AND/OR All directions in the order of [ insert name ] dated [ date ] are extended correspondingly so that: ...
The best way to approach this issue The most effective starting point is to identify what the court will need to be persuaded of, namely: that the care order can, and ought to, be brought to an end; and that a special guardianship order may properly be substituted in its place. Whether the care order can and should be discharged turns on how far the difficulty that arose four years ago still persists. If, in truth, the threshold criteria under section 31(2) of the Children Act 1989 are no longer met, the care order can fall away. See Practice Notes: Public children—threshold criteria and Termination, discharge and variation of care and supervision orders...