Counsel to the court meaning

Checklist: key considerations for a potential appeal This Checklist outlines principal points for practitioners or litigants contemplating an appeal and reflects the provisions in CPR 52, CPR PD 52A, CPR PD 52B and CPR PD 52C. These rules apply to appeals to the County Court, the High Court and the civil division of the Court of Appeal, but not to Supreme Court appeals or appeals in detailed assessment proceedings, among other matters. Before judgment is handed down in the lower court Prepare early to appeal, as the timeframe for issuing an appeal is short. For guidance, see Practice Note: Starting an appeal-general provisions-When must the appellant's notice be filed? The points below highlight issues that may arise together with further considerations, as appropriate. Is it likely that you or your client will choose to pursue an appeal? What are the realistic prospects of success and the associated costs consequences? Appeals can be expensive and may require instructing counsel, so weigh the potential...

ARCHIVED: Checklist This archived Checklist outlines factors to bear in mind when advancing a matter before the Singapore International Commercial Court (SICC), covering pre-action and the commencement of proceedings. It is not maintained and is supplied for background information only. Pre-action Select your chosen ‘counsel’. Permissible options are: an advocate and solicitor; a person admitted to practise as an advocate and solicitor under section 15 of the Legal Profession Act (Cap 161) (an ad hoc admission); a foreign lawyer holding full registration under Legal Profession Act (Cap 161), s 36P. A foreign lawyer with the alternative ‘restricted registration’ may only undertake what is allowed by Legal Profession Act (Cap 161), s 36P(2). Consider whether an application for pre-action production of documents is necessary...

This Checklist This checklist should be read alongside Practice Note: Starting an appeal in the Court of Appeal Criminal Division (CACD). In certain matters, appeals may proceed alleging ineptitude by former legal representatives. Even so, counsel are obliged to verify that their client’s assertions are well-founded before launching an appeal on that footing. In light of the Court of Appeal’s rulings in R v Lee, R v McCook and R v Achogbuo, where new solicitors or new advocates are instructed, they must, before settling and lodging the grounds of appeal, make targeted inquiries of the representative(s) who appeared and acted at the trial or plea hearing to confirm that the factual basis underpinning each actual or prospective ground is accurate. Where required, further measures should be taken to secure objective, independent evidence to corroborate that factual basis. These obligations on fresh representatives (the McCook duties) are not confined to conviction applications; they extend equally to sentence appeals. Counsel should reflect on the above duties, as set out in those...

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...

Oswin v Otila; and Ondray Claim No ARB 032/2025 What was the background? This matter arose from a falling-out between Oswin (the Claimant) and Ondray (the Second Defendant) over how to run their joint venture company, Otila (the First Defendant). Oswin owned 49% of the First Defendant’s shares and Ondray 51%. The board could act only by unanimous vote, while shareholder resolutions required a 75% super-majority. When they were unable to agree on management and operations, the company became deadlocked. Their relationship was governed by a Joint Venture Agreement (JVA) dated 12 March 2019, which included an arbitration clause calling for DIFC-seated proceedings under the DIFC-LCIA Rules. The Claimant also operated a medical and hazardous waste facility under an Operations and Management Agreement due to expire on 21 August 2025. On 15 August 2025, the Claimant issued a Dispute Notice under clause 21.2 of the JVA, alleging that the Second Defendant was assuming strategic decision-making without proper authority—covering directions on renewal of the O&M Agreement, instruction of external...

In this issue: Cross border criminal investigations Criminal procedure and evidence Proceeds of crime Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Insolvency Local authority prosecutions Money laundering Corporate Crime in Scotland Other corporate crime and crime related news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Cross border criminal investigations Companies should act as corporate enforcement develops. In late June 2025, SFO Director Nick Ephgrave met with Matthew Galeotti, head of the criminal division at the US Department of Justice (DOJ), and both reiterated a pledge to work together on prominent transnational investigations. Hayley Lund, partner, and Frankie Cowl, counsel, at Weil Gotshal & Manges LLP, consider the UK’s shifting corporate enforcement landscape. See News Analysis: Companies must take action as...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

Recognition and enforcement of international arbitration awards This Practice Note offers an introduction to key issues practitioners may face concerning the recognition and enforcement of international arbitration awards. Unless specified otherwise, the term ‘enforcement’ is used in a broad sense to cover both recognition and enforcement. The distinction between these concepts is explored below. Where relevant, this Practice Note should be read alongside: Practice Note: The New York Convention—the recognition and enforcement of arbitral awards—an introduction Practice Note: Enforcement of arbitral awards in England & Wales (note: England is used as shorthand for England, Wales and Northern Ireland in this Practice Note) International arbitration—enforcing international arbitral awards—overview, which includes links to practical guidance on the recognition and enforcement of international arbitral awards in many jurisdictions around the world Practice Note: State immunity and arbitration—general considerations and State immunity and arbitration—overview, which include links to practical guidance on state immunity and arbitration in many jurisdictions around the world our International Comparator tool, which...

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 ] before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON judgment in the claim being handed down on [ insert date ]; AND UPON the Court determining that the Claimant succeeds on its complaint of copyright infringement; AND UPON HEARING [ insert name ], counsel for the Claimant, and [ insert name ], counsel for the Defendant; IT IS ORDERED THAT: Declaration Copyright exists in [ insert details of work ] (the Work) and the Claimant is the proprietor of...

This Agreement is entered into on [ date ] Parties [ Company Name ] [ (in liquidation, etc) ] [ (the ‘ Company ’) acting through ] [ name(s) of insolvency practitioner(s) ] [ (the ‘ Liquidator ’), (the ‘ Administrator ’), etc ] [ (and all successors in title) ] [ acting as agent for the Company, except as provided in this Agreement ] ( [ together ] the ‘ Client ’) [ both ] of [ address ]; [ Firm Name and Address ] (the ‘ Firm ’). It is hereby agreed as follows: 1 Definitions 1.1 In this Agreement: Appeal means any request for permission to appeal and/or an appeal to the Court of Appeal or the Supreme Court from a lower court’s decision, or to a Judge from a decision of a District Judge, Registrar, Master or Insolvency and Companies Court Judge, in relation to the Claim Basic Costs means the fees...

[ BEFORE THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ insert location ] ] ] [ State division ] [ Designate specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT IN [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Parties: [ insert name ] Claimant and...

In numerous matters, one or both sides in a legal dispute appear without lawyers, representing themselves in the proceedings. This occurs for a range of reasons; frequently, the cause is an inability to obtain legal representation because of limited personal finances. Every section of the legal profession, under its respective code of conduct and in line with its duties to the court, is obliged to treat litigants in person with fairness and respect. In addition, the Judicial College Guidance offers further direction to the judiciary on the role of the judge when a case features a litigant in person within proceedings of this kind...

The Family Procedure Rules 2010, PD 30A, para 5.11 (FPR 2010) Concerning appeals to the Family Court or the High Court, the Family Procedure Rules 2010, PD 30A, para 5.11 (FPR 2010) states in particular that: ‘If the appellant has representation, the appeal bundle in question must include a certificate endorsed by the appellant’s solicitor, counsel, or another representative confirming that the appellant has read and...