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Part 23 application meaning

What does Part 23 application mean?
In civil practice in England and Wales, a Part 23 application is an interim application made under Part 23 of the Civil Procedure Rules (CPR) for case‑management or other orders. In the costs context, the Senior Courts Costs Office (scco) Guide uses the term to describe applications by any party relating to existing or intended detailed assessment proceedings. Typical uses include seeking directions, extensions of time, relief from sanctions, specific disclosure relevant to the assessment, an adjournment, or to set aside a default costs certificate. A Part 23 application is started by an application notice (Form N244), usually supported by evidence (for example, a witness statement), served on the other parties and accompanied by the applicable court fee. The court may determine it on paper or at a hearing, depending on the relief sought and the rules or directions in place. The term is not defined in legislation; its meaning derives from CPR Part 23 and the SCCO Guide. Usage is jurisdiction‑specific: Scotland, Northern Ireland and Ireland do not use “Part 23” terminology, addressing comparable issues by motion under their respective court rules.
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CHECKLISTS
UK SM&CR developments: 2025 onwards—policy, guidance and key dates from the FCA, PRA and HMT

SM&CR—timeline This Practice Note charts policy and guidance progress and change on the SM&CR, along with key milestone dates, from 1 January 2025 onwards. For more detailed information and LexisPSL material on the SM&CR, see SM&CR and approved persons regime—overview. For a concise primer on the SM&CR, with additional notes on forthcoming developments, see Practice Note: SM&CR—one minute guide. For all activity before 1 January 2025, see: SM&CR—policy development and key dates—to 31 December 2024 [Archived]. For culture, diversity and inclusion (D&I), and non-financial misconduct related updates, see: Culture and social governance in financial services—timeline. Date Source Documents Description 23 January 2026 FCA FCA invites views on additional rules for cryptoasset firms CP26/4: Application of FCA Handbook for regulated cryptoasset activities – part 2 CP26/4: Application of FCA Handbook for regulated cryptoasset activities II [PDF] As a continuation of consultations on cryptoasset regulation, the FCA is seeking input on how it will categorise cryptoasset firms for the SM&CR. Consistent with its commitment in CP25/25 (paragraphs...

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CHECKLISTS
Procedure for setting aside reviewable dispositions defeating financial remedy claims—MCA 1973 s 37/CPA 2004 applications under FPR Part 18 (England and Wales)

If one party suspects the other has transferred assets to a third party to undermine their claims in financial remedy proceedings arising from divorce or dissolution of a civil partnership, they may seek relief under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) or the corresponding provision in the Civil Partnership Act 2004 (CPA 2004). Any such transfer is a 'reviewable' disposition, enabling the court to examine it and, where appropriate, nullify it. The application can be brought either before, or after, the court has made an order in the substantive financial proceedings. The recipient third party must be added as a party to the case. Procedure is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18. A financial application must be extant when asking the court to set aside. This requires a properly constituted application under any of MCA 1973, ss 22, 23, 24, 24B, 27, 31 (save for MCA 1973, s 31(6)) or MCA 1973, s 35, or the CPA 2004 equivalents....

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NEWS
UK Public Law Weekly Round-up, 26 September 2024: Brexit SIs, procurement disputes and remedies, judicial review, UKSC rules, Grenfell Inquiry, COVID-19 SIs, Welsh electoral and infrastructure reforms

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Public procurement Judicial review Constitutional and administrative law State accountability and liability Coronavirus (COVID-19) SIs Equality and human rights Projects and infrastructure Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights ESIC terminates operation The Commons European Statutory Instruments Committee (ESIC) has ended its work, having ceased to exist on the dissolution of Parliament on 30 May 2024. Alongside the Lords Secondary Legislation Scrutiny Committee (SLSC), ESIC managed the sifting processes under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), the European Union (Future Relationship) Act 2020 (EU(FR)A 2020) and the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023). It reviewed proposed negative statutory instruments (SIs) made under those Acts and issued recommendations on the appropriate parliamentary procedure before the instruments were laid before Parliament. See: LNB...

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NEWS
EU law weekly briefing for UK practitioners: competition, data protection and cybersecurity, dispute resolution, financial services (MiCA), energy, environment, IP, life sciences and trade—6 March 2025

In this issue: Competition and state aid Data protection and cybersecurity Dispute resolution Free movement, immigration and employment Financial services Energy Environment Insurance and reinsurance IP Life sciences Regulatory International trade LexTalk®EU Law: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Competition and state aid The European Commission has opened a public call for views on competition rules governing vertical agreements in the motor industry, covering Regulation (EU) 461/2010 (the Motor Vehicle Block Exemption Regulation (MVBER)) and the related Supplementary Guidelines. This review forms part of a continuing assessment intended to keep the framework in step with developments such as digitalisation and evolving mobility patterns. Stakeholders may submit observations until 23 May 2025. See: LNB News 28/02/2025 41. The Commission has issued a Call for Evidence to obtain input from interested parties on the objectives, scope and background for forthcoming guidelines on...

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NEWS
UK corporate law weekly: governance, ECCTA identity verification and unique identifiers, s90A FSMA litigation, public M&A trends, LLP payment reporting, REUL reforms—30 January 2025

In this issue: Corporate governance Economic Crime and Corporate Transparency Equity capital markets Market Standards Limited liability partnerships Brexit Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Corporate governance PLSA publishes Stewardship and Voting guidelines for 2025 The Pensions and Lifetime Savings Association has released its Stewardship and Voting guidelines for 2025. They outline firm principles for assessing and engaging with companies on matters including climate action, workforce diversity, and responsible deployment of capital, all directed at delivering sustainable long-term value. See: LNB News 27/01/2025 43. Economic Crime and Corporate Transparency Registrar (Identity Verification and Authorised Corporate Service Providers) Regulations 2025 SI 2025/50: These Regulations set the rules for identity verification, the authorisation of corporate service providers, and the use of unique identifiers for verified individuals under the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023). They take effect in...

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View the related Practice Notes about Part 23 application

PRACTICE NOTES
Agricultural holdings disputes in Scotland: Scottish Land Court jurisdiction, exceptions, procedures and remedies; arbitration, mediation and appeals

For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) still sets out distinct mechanisms for dispute resolution, AH(S)A 2003 has substantially reshaped them, so that the arrangements for resolving disputes under 1991 Act Tenancies are, in large part, aligned with those for 2003 Act Tenancies...

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PRACTICE NOTES
Commercial Court application notices: completing forms N244(CC), N244(LCC) and N244(RCC), with key guidance on draft orders, evidence, time estimates and hearing arrangements (England and Wales)

Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244(CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order (CPR 23) Making an application in the Commercial Courts Form N244(CC) In civil proceedings, applications are ordinarily made by application notice—see Practice Note: Informal applications for when the court may allow an application without one. In most courts, the standard application...

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PRACTICE NOTES
Unopposed business tenancy renewals for tenants under the Landlord and Tenant Act 1954: s25/s26 notices, statutory deadlines and extensions, and Part 8 proceedings (England and Wales)

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 ...

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PRECEDENTS
Pro-supplier B2B terms and conditions for sale of goods and services (precedent), with compliance clauses, retention of title, indemnities and liability caps (England and Wales)

1 Definitions and interpretation 1.1 Within these Conditions, the terms below shall have the following meanings: Adequate Procedures – to be interpreted in accordance with BA 2010 and the guidance issued under it; Affiliate – any entity that, directly or indirectly, Controls, is Controlled by, or is under common Control with, another entity; Applicable Law – all applicable laws, legislation, statutory instruments, regulations, and governmental guidance having binding effect, whether local or national [ or international in any relevant jurisdiction ]; Associated Person – means any or all of: (a) a party’s officers, employees, agents, subcontractors, subsidiaries, and persons Associated With that party (the Associates); and (b) persons Associated With any of the Associates, in each case engaged in performing services for or on behalf of that party, the Services and/or the Contract; Associated With – when used: (a) in clause 10 and in respect of bribery, shall be read in accordance with BA 2010 and the guidance published under it; (b)...

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PRECEDENTS
Anti‑Money Laundering, Counter‑terrorist and Counter‑proliferation Financing Policy for UK Law Firms: CDD/EDD, SARs, PEPs, Sanctions, Monitoring, Training and Audit

1 Introduction to the policy 1.1 [ Firm name ] must implement appropriate systems and controls to combat money laundering, terrorist financing and proliferation financing under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, as amended. 1.2 For further detail on MLR 2017, see section 10. 2 Scope and application 2.1 This policy sets out the procedures we have developed to comply with MLR 2017, as amended. 2.2 This policy applies to all [ our offices, ] employees, officers, consultants, contractors and to other workers, including agency workers, casual workers [ , volunteers ] [ , interns ] and home workers. 2.3 All staff must be familiar with this policy and comply with its terms. 2.4 This policy does not form part of any contract of employment and we may amend it at any time. 3 Responsibility for AML, CTF and counter-proliferation financing...

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PRECEDENTS
Precedent Land Promotion Agreement: Planning Permission, Section 106/CIL, Biodiversity Gain, Sale of Whole/Part and Proceeds Sharing (England and Wales)

Date [ date ] Parties [ name of (first) Owner ] [ and [ name of second Owner ] ] [ [ both ] of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( [ together ] Owner ) [ name of Promoter ] [ of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( Promoter ) 1 Definitions In this Agreement, the following expressions shall have these meanings: [ Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or alteration of which is reasonably required in order to: (a) achieve the Objective; or (b) facilitate the Development; ] [ Adverse Rights Agreement • any instrument giving legal effect to the release, discharge or alteration of an Adverse Right; ] ...

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Q&As
Electronic Communications Code para 33: redevelopment or para 31?

The Electronic Communications Code (the Code) The Electronic Communications Code (the Code) appears in Schedule 3A, Part 1 to the Communications Act 2003 (CA 2003) and has applied in present incarnation since December 2017. Where a prior agreement has lapsed after 28 December 2017 and lacks protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954, ss 23–46) — in which event the LTA 1954 process must be used instead of the CA 2003, Sch 3A, Pt 5, para 33 route (see Vodafone v Hanover Capital) — either party is entitled to ask the tribunal to vary or replace the agreement by making an application seeking modification or replacement of the agreement...

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