Discontinuance basis meaning

There is some overlap between the doctrine of res judicata and the Henderson abuse principle, discussed below. Note too that these concepts intersect with the procedural basis for striking out a claim as an abuse of the court’s process under CPR 3.4(2)(b); see below and Practice Note: Strike out for abuse of process (civil) (CPR 3.4(2)(b))—Abuse of process by second proceedings. What is res judicata? A res judicata is a determination made by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of the matter decided so that those bound by the judgment cannot re-litigate it, save on appeal. Those bound by the ruling remain so unless and until altered on appeal. For further guidance on the purpose of, and when you can establish, a res judicata, see Practice Notes: The doctrine of res judicata Key requirements to establish a res judicata What is Henderson abuse? In a legal context,...

Probate actions Client guide This Precedent client guide gives an overview of probate disputes for a client or potential client. It explains what contentious probate means and the sorts of claims that might be pursued. It sets out practical points for the client to consider. Contentious probate-client guide Pre-action During the pre-action phase it is important to obtain information. It is usual to seek material from relevant health authorities and to ask for a copy of the Will file. Form 124–letter to general practitioner or local health authority incorporating a request for a report Probate actions-Larke v Nugus letter A letter of claim gives early notice of the claim and explains the basis on which it is brought. Letter of claim-probate action Letter of claim-proprietary estoppel claim Caveats and citations A caveat (also called a stop) is a written notice which a person who wishes to prevent a grant being issued...

This Practice Note outlines the key principal themes and practical considerations when contesting private prosecutions in practice. It should be read together with Practice Note: Bringing a private prosecution—practical considerations, which provides a practical guide to initiating a private prosecution in practice. Routes to defending private prosecutions The right to commence a private prosecution is an important one in law, and many such cases will be properly brought and overseen by the prosecutor from the outset. If that is not so, the defence has a number of avenues open to it to effectively and robustly challenge the proceedings. Many of these mirror those available in public prosecutions; however, certain aspects are specific to private prosecutions...