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This Checklist sets out the principal procedural steps and considerations for parties preparing or answering a request to extend time in judicial review claims before the Administrative Court. It should be read alongside Practice Note: Judicial review time limits—extensions and urgent cases. Time limits for bringing claims and the requirement to act 'promptly' Where proceedings are started in the High Court, the claim form must be lodged promptly and, in any case, no later than three months from the date the grounds first arose, subject to the shorter periods below: challenges to planning decisions must be issued within six weeks of the date the grounds to bring the claim first arose challenges to procurement decisions under the Public Contracts Regulations 2015 must be brought within 30 days of the date the grounds to bring the claim first arose...
This table provides an outline of the procedure where there is a probate claim For additional guidance, consult: Practice and procedure—contentious trusts and estates—overview, and Probate actions (probate claims)—overview. Issue of claim form (CPR): where the Claimant is a child or a protected party, comply with CPR Part 21 regarding the appointment of a litigation friend (CPR 21.1–21.6). The Claimant completes the claim form (Form N2), retaining one copy for filing and further copies for service on each Defendant (CPR 7.2, CPR 57.3). The claim form must set out the nature of the interest of the Claimant and of each Defendant in the deceased’s estate to which the claim relates (CPR 57.7(1)). Particulars of claim can appear within the claim form, or be served separately (CPR 7.4(1)(a)). For a claim seeking revocation of a grant: every person entitled, or asserting entitlement, to administer the deceased’s estate under any unrevoked grant of probate of the Will or letters of administration must be joined...
Defending a claim for judicial review-checklist This checklist highlights the principal points for defendants facing judicial review proceedings generally. It also offers supplementary guidance where proceedings are to be brought in the Upper Tribunal (UT). On receipt of a pre-action protocol letter Confirm that the intended claim falls within the UT’s jurisdiction. If you consider it does not, make this clear in your pre-action response to the proposed claimant. Considering whether the case is properly defensible and whether it is cost-effective to contest, issue a response within 14 days (unless a shorter, properly requested timeframe has been set by the proposed claimant). Review the documents and information sought in the pre-action letter and observe the duty of candour when providing any material. On receipt of the claim form Check whether the claim has been issued in the High Court or the UT. Consider whether the claim must be, or could appropriately be, brought in the UT...
This diagram outlines the concluding payment procedure under JCT Standard Building Contract 2016 (With Quantities, Without Quantities, and With Approximate Quantities). Refer also to Practice Note: JCT contracts—price and payment...
Legal Issues General comments This Checklist highlights the principal provisions and matters to consider when drafting and negotiating time of the essence clauses. What to watch out for For a Precedent time of the essence clause with comprehensive drafting notes, see Precedent: Time of the essence clause. For guidance on time of the essence, the exceptions to the general rule, and practical considerations for customers and suppliers, see Practice Note: Time of the essence. Nature of the term: condition, innominate term or warranty Time is of the essence where the parties expressly state that time will be of the essence. If time is of the essence, delay may entitle a party to terminate the contract and to claim damages. Without express wording, time will be of the essence only if it is a condition of the contract. Where the timing provision is interpreted as an innominate term or a warranty, the remedy is generally confined to damages, unless the breach is very serious or...
The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated damages under the JCT Design and Build Contract 2024 While it concentrates on liquidated damages for delay in finishing the Works, the identical procedure equally applies to cases of late completion of a Section. Importantly, under the JCT Design and Build Contract 2024, if the contract ends before the Works are complete, the Employer may recover liquidated damages only up to the termination date, and general damages for any ensuing delay thereafter, rather than further liquidated damages for that period instead. For details, refer to Practice Note: JCT contracts—time—Liquidated damages and termination...
Motor Insurers Bureau v Houston [2025] EWHC 3178 (KB) What are the practical implications of this case? Although the outcome may catch seasoned credit hire practitioners off guard, it was driven in large part by the precise language of the debarring order in this case. The order confined any future debarring strictly to the question of rate and made no reference to reliance on impecuniosity for the hire period or for any wider purposes; appellant counsel on appeal suggested this flowed from a legacy version of a standard form. Practitioners familiar with credit hire litigation will know that, more often than not, directions orders bar a claimant from reliance on impecuniosity for all purposes following a failure to provide financial disclosure. Even so, the judgment is a clear reminder that the courts will apply the ordinary and natural meaning to the words of any order, and practitioners should take care to verify the exact wording of a debarring order in every case. That is not, however, to suggest the...
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 Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...
This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 (LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that occupation is wholly or partly for business purposes and the letting is not within a class excluded from LTA 1954 protection ...
This Practice Note provides an introduction to the overall structure of the United Nations Commission on International Trade Law Arbitration Rules (the UNCITRAL Rules). The UNCITRAL Rules occupy a significant role in contemporary arbitration practice. They are crafted for ad hoc international commercial arbitrations—proceedings not administered by an arbitral institution and, typically, not conducted under that institution’s rules. The Rules may likewise be employed in investor–state arbitrations commenced under a treaty, such as a bilateral investment treaty, where the treaty permits arbitration conducted under those rules. Unless the parties stipulate otherwise, the UNCITRAL Rules govern arbitration agreements concluded on or after 15 August 2010, ie the date the revised Rules took effect. The earlier 1976 UNCITRAL Rules continue to apply to all arbitration agreements entered into before that date. Both the 1976 and 2010 UNCITRAL Rules are separate from UNCITRAL’s Model Law on International Commercial Arbitration, adopted in 1985 and revised in 2006, which has been adopted (often with modifications) by more than 50 jurisdictions—see Practice Note: The UNCITRAL...
Taxation regime What factors determine tax liability in your jurisdiction (eg domicile, residence or citizenship)? Türkiye’s tax landscape is intricate, operating through numerous laws, regulations, communiqués and subsequent amendments. The key legislative instruments include: Tax Procedure Law No. 213 (10 January 1961) Corporate Tax Law No. 5520 (21 June 2006) Value Added Tax Law No. 3065 (2 November 1984) Stamp Tax Law No. 488 (11 July 1964) Income Tax Law No. 193 (6 January 1961) Broadly, the Turkish Tax System is considered under three headings: (i) income taxes, such as individual income tax and corporate income tax; (ii) taxes on expenditure, including Value Added Tax (VAT), the Banking and Insurance Transactions Tax and Stamp Tax; and (iii) taxes on wealth, for example Property Tax and Inheritance and Gift Tax. For natural persons, residency, ownership of property and citizenship are key in determining which taxes apply in Türkiye. An individual’s tax burden is mainly linked to their earnings,...
IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, KINGS’S BENCH DIVISION, COMMERCIAL COURT before [ The Honourable Mr Justice OR The Honourable Mrs Justice ] [ insert name of judge ] (in private session) Claim No. [ insert claim number ] between: [ insert name(s) ] as Claimant(s)/Applicant(s) and [ insert name(s) ] as Defendant(s)/Respondent(s) [ The Claimant(s) and Defendant(s) in an Intended Action ] DRAFT FREEZING ORDER PENAL NOTICE If you, [ insert name of respondent(s) ], do not comply with this order, you risk being found in contempt of court and could face imprisonment, a fine, or confiscation of assets. Anyone else with knowledge of this order who assists or allows the Respondent to contravene it may likewise be found in contempt and be imprisoned, fined, or have their assets taken. 1 THIS ORDER 1.1 By order of Mrs/Mr Justice [ ] on [ ], this Freezing Injunction is granted against [ ] (‘the...
[ On the headed notepaper of the creditor’s solicitors ] Our ref: [ insert ] FAO [ Insert name ] [ Name of debtor’s solicitors ] [ Address line 1 ] [ Address line 2 ] [ Postcode ] [ Date ] Dear [ insert name ] [ Insert creditor’s name ] AND [ insert debtor’s name ] Letter of claim We refer to our letters of [ insert date(s) ] regarding the above issue concerning [ insert brief details ]. Notwithstanding the requests within that correspondence, our client remains unpaid for the outstanding payment [ s ] identified below. Accordingly, this constitutes our client’s letter of claim, issued pursuant to the Pre-Action Protocol for Debt Claims (the Protocol). We set out below details of our client’s claim and enclose copies of the principal documents. We also enclose a copy of the Protocol for your reference, together with the required Information Sheet, Reply Form and Standard Financial Statement. [...
The purpose of the claim form A claim form initiates proceedings. It sets out information relevant to the case, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, typically the claimant’s solicitor. Guidance on the contents of a claim form in general is available in the Practice Note: Claim form—the contents. This Precedent includes suggested text for use where the claim concerns trade mark infringement and/or passing off. The form provides direction on the particular points that should be considered when completing a claim form for use in such proceedings. The attached N1 claim form is provided as an example only. We recommend that practitioners download the latest N1 claim form in PDF from the official source for submission, and use the attached version solely as an aid to completing it....
Response to appeal Under the Employment Appeal Rules 1993 (EAT Rules), SI 1993/2854, rule 6(2) provides that a respondent who intends to oppose an appeal must lodge with the Appeal Tribunal a written answer in accordance with, or broadly following, Form 3 contained in the Schedule to these Rules, setting out the grounds on which they rely. Nevertheless, where the respondent seeks to rely on any ground that mirrors a ground adopted by the employment tribunal when making the judgment, decision, declaration or order under appeal, it is sufficient simply to say so in the answer, and it shall be sufficient to state that fact in response. For further details, see Practice Note: Responding to an appeal...
If the claimant qualifies as a protected party within the Court of Protection’s remit, fees imposed by that Court, both historic and prospective, may properly form part of the claim made. Further charges will also be incurred where a deputy is appointed to manage the claimant’s property and financial affairs. These charges and expenses can be set out within the schedule of past and future loss and damage as distinct heads of damage...
Possession claims following the standard procedure Possession claims brought via the standard route (as opposed to the accelerated route) permit a landlord, under CPR PD 55A, para 1.7, to add a further claim within the possession action for rent arrears or damages. One claim form may cover every head of claim, and both the rent arrears element and the possession claim can be determined together in the same proceedings. However, where the landlord opts for the accelerated route for possession, the claim must be limited to possession alone and cannot include any additional relief, such as rent arrears or damages, in accordance with CPR 55.12...