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Note: As of 1 October 2023, the CPR has been updated to broaden the scope of fixed recoverable costs. These changes apply where the cause of action arises on or after 1 October 2023 (typically the accident date). For the version of Part 45 that applied before 1 October 2023, see: Can more than fixed costs be recovered? London weighting A 12.5% uplift to fixed costs applies if the claimant resides or works, and the instructed solicitor practises, within one of the London areas identified in CPR 45. Other circumstances For direction on other situations where recovery beyond fixed costs may be possible, see Practice Note: Fixed costs in road traffic accident claims. Children Distinct fixed costs apply to infant approval hearings, known as Type C fixed costs. The schedule for fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) appears at Table 10 in CPR PD 45. See Practice Note: Fixed costs in...
Procedure—Schedule 1 to the Children Act 1989 Unless an application seeks only periodical payments (ie no capital orders at all), an application under Schedule 1 to the Children Act 1989 (ChA 1989) will proceed in accordance with the standard procedure. In the same way, where a party applies to vary an existing order, the fast-track route is available only where the variation concerns a periodical payments order and no form of capitalisation is requested. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under ChA 1989, Sch 1 is issued in the Family Court and is allocated to a district judge. See Practice Notes: Procedure—Schedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily focused on applications proceeding under the standard procedure. The pre-action protocol and the overriding objective contained in the Family Procedure Rules 2010 (FPR 2010) apply to applications under ChA 1989, Sch 1—see Practice Note: Financial proceedings—pre-application requirements—Pre-application protocol (FPR 2010, PD...
ARCHIVED: 11 pm (GMT) on 31 December 2020 signalled the close of the Brexit transition/implementation phase that followed the UK’s departure from the EU. At that specific moment (known in UK law as ‘IP completion day’), core transitional provisions ceased entirely. From IP completion day onwards, the UK is no longer able to participate actively in the European Arrest Warrant (EAW), because EAWs are available solely to Member States...
ISPVs enable insurers to reduce their exposure to significant events, including natural catastrophes, by passing risk to private investors via catastrophe bonds, or 'cat bonds'. Shoib Khan, the central bank’s Prudential Regulation Authority (PRA) director for insurance supervision, said the PRA will outline later this year how it plans to shorten approval times for submitted cat bond applications to ten working days, down from the current four to six weeks. Speaking at the Bank of America Securities Annual Financials CEO Conference, Khan added that the PRA intends to consult later this year on creating a new, accelerated pathway for catastrophe bond applications...
In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...
The case for reform Major infrastructure delivery has occupied significant government attention in recent years, with a range of action plans, strategies, policies, roadmaps and consultations diagnosing obstacles to delivery and setting out ways to overcome them. The government’s most recent infrastructure policy, published in November 2023, ‘Getting Great Britain building again: Speeding up infrastructure delivery’, makes the case for additional planning reforms, accompanied by some new announcements. A recurring thread of earlier infrastructure policy, and a long-standing critique of the planning system, is that planning is too slow, too bureaucratic and too uncertain. Previous policy has presented various actions and proposals intended to address these concerns. This latest policy paper echoes those themes, but contends that further reform is required at every step of the planning process to deliver the government’s infrastructure objectives—both in the short term, to progress already committed projects, and over the longer term, to meet net zero by 2050 and the government’s wider economic aims. The approach in the paper broadly builds on existing...
The Planning Act 2008 (PA 2008) establishes the consent framework for nationally significant infrastructure projects (NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order (DCO) applications may be taken by reference to any relevant National Policy Statements (NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State (SoS) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate (PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which nationally significant schemes are assessed and authorised, with guidance set out in practice notes and the collection. Fast-track process Under PA 2008, s 98(1), the Examining Authority (EA) must conclude examination of the application...
This Practice Note considers case management on the fast track of civil claims that are issued on or after 1 October 2023. The rules for case management and directions on the fast track differ depending upon whether proceedings were issued before or after 1 October 2023. The main provisions governing fast track case management are found in CPR 26, CPR PD 26, CPR 28 and CPR PD 28, and those provisions were amended with effect from 1 October 2023. This Practice Note deals only with the case management of fast track claims in civil proceedings issued on or after 1 October 2023. For information on how fast track claims issued before 1 October 2023 are managed, see Practice Note: Fast track—case management—position before 1 October 2023. Note, however, that for personal injury claims the applicable rules vary according to the date on which the cause of action accrues, and for disease claims by reference to when the first letter of claim was sent. For those claims, the rules set...
Allocation of defended civil claims to case management tracks (before 1 October 2023) This Practice Note reviews how courts assign defended civil proceedings to a case management track—the small claims track, the fast track or the multi-track—where the claim was started before 1 October 2023. It outlines the principal factors the court takes into account when deciding on allocation (including any provisional allocation), identifies the contents and requirements of the court’s notice of proposed allocation (NPA), explains the possible penalties for any failure to comply with the NPA, and describes the situations in which a case might subsequently be moved to a different track. This Practice Note should be read alongside Practice Note: Case management—allocation—the different case management tracks, which explains what ‘allocation’ means and summarises the main characteristics of each track (small claims track, fast track and multi-track). Certain claims are allocated to a track automatically by virtue of the court in which they are proceeding, or by the CPR provision under which they are brought, and therefore...
Claim No. [ insert claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] ] [ State division ] [ Identify specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ insert location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Before [ The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge ] [ insert name ] dated: [ insert date ] between: [ insert name ] Claimant and [ insert name ] Defendant Directions Having considered the allocation questionnaires provided by the parties. [ upon the parties having agreed the directions set out below. AND upon hearing the parties. ] The following is ordered: Allocation [ The matter is allocated to the multi-track. Cost budgeting is dispensed with. OR The matter is allocated to the fast-track. ]... ...
Claim No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES OR IN [ insert location ] OR [ Specify division ] [ Specify specialist court ] [ Insert location ] DISTRICT REGISTRY THE COUNTY COURT AT [ insert location ] BUSINESS AND PROPERTY COURTS LIST Between: [ insert name ] Claimant and [ insert name ] Defendant [ Draft ] Fast track standard directions Further statements of case The [ claimant OR defendant OR other party ] shall lodge a [ name of statement of case ] and, by no later than [ time and calendar date ], serve a copy on the [ claimant OR defendant OR other party ]. Requests for further information Any request seeking clarification or additional information arising from another party’s statement of case must be served no later than [ time and calendar date ]....
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ IDENTIFY DIVISION ] ] [ [ IDENTIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: BETWEEN [ A B ] Claimant and [ X Y ] Defendant SCHEDULE OF LOSS The Claimant retains the entitlement to vary, revise or supplement this schedule at any time up to and including trial. General damages: To be assessed Loss of earnings: The Claimant’s weekly net pay before the accident was £350 per week...
BREXIT At 11pm (GMT) on 31 December 2020—known as ‘IP completion day’—the transition/implementation period entered into following the UK’s withdrawal from the EU came to a close. From that point onwards, key transitional arrangements came to an end and wide‑ranging changes started to take effect across the UK’s legal regime. This document provides guidance on subjects affected by these changes. Before continuing your research, see: Brexit and financial services: materials on the post‑Brexit UK/EU regulatory regime [Archived]. This Q&A assesses the impact of Brexit on passporting in the insurance sector, outlines the options available to insurers to continue to access the European Economic Areas (EEA), and highlights the factors for insurers to take into account in their contingency planning. This Q&A is produced in partnership with Clare Swirski at Clifford Chance. What are the main aspects of passporting under Solvency II?...