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Issue (proceedings) meaning

What does Issue (proceedings) mean?
Issue (proceedings) describes the court’s formal act of producing and sealing the originating process—such as a claim form, writ, summons, application notice or civil bill—on the request of the claimant/applicant (or pursuer). This places the case on the court record and marks the commencement of proceedings. In England and Wales, the Civil Procedure Rules define the point: proceedings are started when the court issues a claim form (CPR 7.2). Issue occurs when the court seals the claim form and allocates a claim number, usually on payment of the fee. It stops time for limitation, but the claimant must still serve the claim form within the validity period. Northern Ireland and Ireland use the same concept under court rules: an action is instituted by issuing a writ or summons (or, in the Circuit Court, a civil bill) through the court office. In Scotland, the equivalent is raising proceedings. Proceedings begin when the court grants warrant to cite or the summons/initial writ is signetted or registered (term varies by forum). “Issue” is not the technical term. Practically, issue/raising triggers procedural timetables and case management, and is distinct from service on the defendant/respondent.
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View the related Checklists about Issue (proceedings)

CHECKLISTS
Administrative Court judicial review: CPR Part 54 checklist on time limits, promptness and applications to extend claim forms and acknowledgements of service (England and Wales)

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...

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CHECKLISTS
Scottish civil litigation: practical checklist for instructing and managing expert witnesses—need, admissibility, conflicts, selection, availability, instructions (Ikarian Reefer, Hunter v Hanley), UK GDPR, confidentiality and hot‑tubbing

Checklist on expert evidence in Scottish civil litigation This checklist outlines the principal factors for a solicitor contemplating engaging an expert in a civil dispute before the Scottish courts. It should be read alongside Practice Notes: Expert evidence in Scottish civil litigation-general considerations and Leading expert evidence in Scottish civil litigation-rules and procedure. Issue Considerations Assessing the need for an expert witness What kind of dispute is involved (for instance, a professional negligence claim will typically require an expert report before proceedings are commenced)? Is instructing an expert reasonable and proportionate when measured against the value of the claim? Is there a need to instruct more than one expert? Admissibility of the expert evidence Is expert assistance required to enable the court to decide the issues? Does the expert possess the appropriate knowledge and experience? Will the expert remain impartial in their presentation and assessment of the...

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CHECKLISTS
CPR Part 36 settlement offers: scope, drafting, relevant periods, service, split trials, interest, withdrawal and variation—practitioners’ checklist (England and Wales)

This Checklist on making a Part 36 offer identifies the key factors that should be considered when drafting a Part 36 offer. Consideration What a Part 36 offer can be made in relation to You may frame a Part 36 offer to cover the entirety of the claim, a defined part, or a particular issue. It can likewise address a counterclaim or any additional claim, and it may extend to an appeal or cross-appeal arising from a trial judgment. However, a Part 36 offer is not available for an appeal against an interlocutory ruling. Guidance When to make a Part 36 offer An offer under Part 36 can be served at any point, whether before proceedings are issued or once they are underway (CPR 36.7(1)). Where a matter proceeds to appeal, a new Part 36 offer should be advanced because the Part 36 consequences attach only to the costs of the proceedings in which the offer is made, and do not extend to the...

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FLOWCHARTS
CPR 35 Party Experts: Assessing Need and Instructing—Flowchart for Civil Proceedings (England and Wales)

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For insight into how it affects residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. This Flowchart outlines the steps for ending an assured shorthold tenancy (AST) under section 21 of the Housing Act 1988 (HA 1988) via the standard possession route, covering when to serve a section 21 notice, when to issue proceedings, and the procedural milestones up to a possession order. Where HA 1988 governs, unless the tenant chooses to leave of their own accord, a landlord may regain possession only by following the mechanisms in HA 1988, ss 8 or 21, securing a possession order and enforcing it. For more detail, see Practice Note: Assured and assured shorthold tenancies—terminating. Under HA 1988, s 21, a landlord may terminate a fixed-term AST by giving the tenant no less than two months’ written notice, exercising a break clause during the term, or at the end of, or after the...

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FLOWCHARTS
When creditors can issue proceedings after a Pre-Action Protocol for Debt Claims letter of claim: timing rules and 30-day wait—flowchart (England and Wales)

STOP PRESS This document is currently being revised to take account of the Data (Use and Access) Act 2025 (DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance impact of DUAA 2025, see Practice Note: Data (Use and Access) Act 2025—compliance implications. This document reflects the UK GDPR framework. Unless expressly indicated otherwise, references and links to the GDPR are to the UK GDPR (Assimilated Regulation (EU) 2016/679). The UK General Data Protection Regulation (UK GDPR) confers several rights on data subjects, including a right to data portability. A data subject may submit a request to an organisation to exercise that portability right at any time. This is not, however, a blanket right to move data—it applies only in defined circumstances. There are strict deadlines for responding to such requests. See Practice Notes: Rights of data subjects How to handle data subject requests This Flowchart outlines a procedure for assessing portability requests...

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NEWS
UK and EU environmental law weekly update: emissions trading, energy and nuclear, ESG reporting, UK REACH, waste and producer responsibility, biodiversity, marine, water and litigation—26 February 2026

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...

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NEWS
Employment law weekly: ERA 2025 implementation, Welsh SCNB consultation, ET/EAT rule changes, EHRC single-sex guidance upheld, Guy Carpenter team move, HMRC car rates, EU CSRD/CS3D scope narrowed

In this issue: Employment Rights Act 2025 Benefits Protected characteristics Confidentiality, duties and restrictions: enforcement Europe-EU New and updated content Dates for your diary Trackers Employment resources on Lexis+® LexTalk®Employment: a Lexis®Nexis community Daily and weekly news alerts Employment Rights Act 2025 Welsh Government consults on establishment of a Social Care Negotiating Body The Welsh Government has opened a consultation on creating a Social Care Negotiating Body (SCNB) using powers in the Employment Rights Act 2025 (ERA 2025). The SCNB would be responsible for setting Fair Pay Agreements for Wales’s social care workforce. Feedback is invited on the organisation’s design, role and anticipated effects. Responses will inform the government’s understanding of sector perspectives on the SCNB, including the bargaining approach, who and what it should cover, dispute resolution, roll-out, as well as compliance and enforcement. The consultation closes on 28 April 2026. The exercise does not invite comments on the specifics...

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NEWS
UK dispute resolution weekly update: cross‑border service/enforcement, limitation on fee shortfalls, CPR 7.7, arbitration non‑intervention, data security duties, expert determination, Scottish horizon—5 March 2026

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...

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View the related Practice Notes about Issue (proceedings)

PRACTICE NOTES
Parental responsibility under the Children Act 1989: definition, scope, case law and key issues (education, religion, medical consent, surnames, contact, relocation, passports, adoption, guardianship) in England and Wales

This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 (ChA 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the ChA 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the ChA 1989 commenced) possessed in relation to the child’s property. Those rights extend to receiving or recovering, in the guardian’s own name for the child’s benefit, property of any description and wherever located to which the child is entitled to receive...

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PRACTICE NOTES
Ground Rules Hearings: Facilitating Vulnerable Witnesses and Defendants—Duties, Procedure and Directions under CrimPR 2025 and CPD 2023 (England and Wales)

This Practice Note sets out when the court may issue directions about the proper treatment and questioning of a witness or defendant at a ground rules hearing, explains the procedural framework for such hearings, and outlines the directions that might be made in a particular case. Those directions form part of a wider suite of special measures intended to support the effective participation of a vulnerable witness or defendant in criminal proceedings, where necessary and proportionate. For detail on other special measures available in criminal cases, see Practice Notes: Special measures and Special measures for the accused. The procedural scheme for a ground rules hearing appears in Part 3 of the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, with further guidance in Part 6 of the Criminal Practice Directions 2023 (CPD 2023). Additional guidance is available in the Crown Court Compendium Part I and the Equal Treatment Bench Book. Duty to facilitate participation When preparing for trial, the court must take all reasonable steps to enable the...

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PRACTICE NOTES
Conducting and compromising family proceedings where capacity is in issue (England and Wales): assessment, expert evidence, litigation friends, vulnerable participation, and funding

This Practice Note This Practice Note outlines how the family courts address questions of capacity and the methods for assessing it, including the use of expert opinion. Within family proceedings, capacity is pertinent both to a person's ability to litigate and to settle proceedings, such as by agreeing a consent order. The focus is chiefly on an adult's capacity, or on cases where a 16–17 year old is involved in the proceedings and is expected to lack the necessary decision-making capacity on reaching 18. For matters concerning children's representation, see also Practice Note: Children as parties to public law proceedings. Broader issues about capacity in the context of family relationships are addressed in Practice Note: Capacity to marry, cohabit and have sexual relations. In Richardson-Ruhan v Ruhan, Mostyn J observed that a person's capacity to run proceedings is not contingent on receiving legal advice (whether sound or poor); if, with the benefit of advice, they would be able to take the required decisions, they have capacity, regardless of whether...

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View the related Precedents about Issue (proceedings)

PRECEDENTS
Articles of association for a 50:50 individual-shareholder joint venture: A/B shares, equal board control/vetoes, transfer restrictions, compulsory transfers and default buy-out (England and Wales)

1 Model Articles 1.1 The Model Articles shall apply to the Company save to the extent that they are amended or disapplied by these Articles, or where they conflict with these Articles, and, subject to any such amendments, disapplications or inconsistencies, shall, together with these Articles, constitute the Company’s articles of association to the exclusion of any other articles or regulations contained in any statute, in any statutory instrument, or in any other subordinate legislation...

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PRECEDENTS
Precedent client letter: confirming issue and service of divorce/dissolution application; acknowledgement of service, conditional and final orders, costs and timelines (England and Wales, post-DDSA 2020)

[ Divorce OR Dissolution ] Dear [ insert client’s name ] I can confirm the court has now issued the application and it has been duly served on your [ husband OR wife OR civil partner ]. Please find enclosed a copy of the issued application for your records. The following step is for your [ husband OR wife OR civil partner ] to submit an acknowledgement of service within 14 days, starting on the date the application was served. Accordingly, if they are using the online system, the acknowledgement of service must be filed by [ insert date ]. If they are not using the online system, we will then be notified of the date by which they are required to lodge the acknowledgement of service. [ As your [ husband OR wife OR civil partner ] is outside England and Wales, this period is extended to [ insert date ]....

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PRECEDENTS
Bespoke Articles of Association aligned with a Shareholders’ Agreement for a Private Company Limited by Shares (England and Wales)

Private Company Limited by Shares Articles of Association for [ insert name of company ] Limited (a company incorporated in England and Wales with registered no. [ insert number ]) (adopted by Special Resolution dated [ insert date ] 20[ insert year ]) 1. Model Articles 1.1 The Model Articles apply to the Company save to the extent that these Articles amend, disapply or conflict with them. Subject to any such alterations, exclusions or inconsistencies, the Model Articles together with these Articles comprise the Company’s articles of association, to the exclusion of any alternative articles or regulations contained in legislation, any statutory instrument or other subordinate legislation. 1.2 The following provisions of the Model Articles shall not apply to the Company: 6(2); 7; 8; 11(2); 11(3); 13; 14(1)–14(5) 16; 17; 22; 26(5) 39; 44(2); 50; 51; 52; 53 1.3 In these Articles, any mention of the term ‘chairman’ within the Model Articles shall be interpreted as a reference...

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Q&As
FPR Part 20 interim receiver: family proceedings appointment tests

Both the High Court and the Family Court possess jurisdiction to issue injunctions, whether interlocutory or final, and to appoint a receiver whenever it is considered just and convenient to do so. Any order can be made unconditionally or subject to such terms and conditions as the court deems appropriate, pursuant to section 37 of the Senior Courts Act 1981, which applies in the Family Court as it does in the High Court...

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Q&As
Section 21 accelerated possession: concurrent Part 7 rent arrears claim?

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...

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Q&As
Third-party TOLATA 1996 prelim: costs form for PTR/final in FR

It is commonplace in financial remedy proceedings for a third party to be added to the case, either to advance a claim to a beneficial interest in a property or other asset, or to permit making of an order for sale in relation to that property. In TL v ML, Mostyn J articulated the procedural principles to be applied to such matters...

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