Preliminary Hearing meaning

Before commencing the arbitration Check limits; confirm SIAC clause; interim relief; tribunal size; proper nominations. Emergency measures Seek Emergency Arbitrator pre-constitution; urgent, Registrar-approved, binding relief. Expedited Procedure Apply pre-constitution; expect sole arbitrator, streamlined process, six‑month award. Commencing the arbitration Serve Notice on Registrar/respondent with required particulars, funding statement, fee. Responding to the arbitration Respond within 14 days; address claims, jurisdiction and counterclaims. Jurisdiction Arbitration proceeds unless screened; tribunal rules; object under Rule 31. Preliminary meeting and directions Attend administrative calls; hold early case management conference. Written statements File Claim, Defence, Counterclaim as directed; state facts, grounds, relief. Evidence Tribunal controls evidence; written testimony allowed; oral examination on request. The hearing Any party may...

This Checklist This checklist reviews the procedural and related issues the tribunal is expected to address at a preliminary meeting in arbitration, whether the process is ad hoc or under an arbitral institution. Matters typically cover jurisdictional objections, applications for interim measures or the trial of preliminary points, setting schedules for the progress of elements of the reference, and organising how all the evidence will be exchanged and presented. Whatever the forum—ad hoc or institutional—and whichever institutional rules govern, the tribunal will usually convene a preliminary meeting soon after it is formed. The parties themselves (rather than their advisers) are generally not obliged to attend this session, although it is advantageous if they do, as they will meet the tribunal and confront the opposing team at an early juncture. In international cases, it may also be one of the few chances for everyone involved to be physically together before the main hearing, and it may provide a window for separate settlement discussions. Whether that is suitable can depend on...

Checklist This Checklist outlines a non-exhaustive set of points to review when bringing a possession claim after a lease has expired, and for enforcing any order then secured...

In this issue Key DR developments Claims and remedies Costs and funding Litigation Applications—general Evidence and disclosure Appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments CPR Committee minutes Minutes of the CPR Committee meeting—6 June 2025: The Civil Procedure Rule Committee met on 6 June 2025 in a hybrid session at The Rolls Building (Royal Courts of Justice) and via video conference. The minutes confirm a forthcoming CPR 51 pilot enabling non-parties to obtain court documents, arising from the Supreme Court ruling in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38. They also record approved amendments to the e‑working pilot, progressing towards a permanent electronic filing system as part of ongoing court modernisation. Further topics included summary assessment of costs, arbitration updates, disclosure, civil restraint orders, closed material procedures, judicial review reforms for infrastructure projects, whiplash reforms, digital services and other procedural...

Various Claimants v News Group Newspapers Ltd [2024] EWHC 902 (Ch) What are the practical implications of this case? This notable judgment examines when it is right to direct a trial of a preliminary issue before the main hearing. The court emphasised that limitation issues are often apt for early determination, and warned that if such questions are left to be decided only at the final trial, the policy basis of limitation law would be weakened. It also confirms that the governing approach to ordering a preliminary issue trial lies in the ten factors identified by Neuberger J in Steele v Steele [2001] CP Rep 106 (not reported by LexisNexis®UK). In brief, while limitation is frequently suitable for preliminary resolution, the court must still apply those factors when deciding whether a discrete issue should be tried first...

Monmore Properties Ltd v HMRC [2024] UKFTT 127 (TC) The appellant acted as the representative member of a Value Added Tax (VAT) group. The tribunal’s determination arose from a preliminary hearing convened to resolve two threshold issues: whether the appellant’s appeal had been brought within time, and whether HMRC’s assessments covering a 27‑month span (five VAT return periods) were out of time. The broader controversy was not addressed at this stage, as it was a matter for the substantive appeal, and concerned the VAT treatment of services provided by VAT group members to persons outside the VAT group. At the preliminary hearing it was also established that HMRC had not issued a single global assessment. That clarification was relevant because the wider dispute referred to...

Practice Note This Practice Note sets out the full procedural guidance for court applications to renew or end a business tenancy, covers interim rent applications, and addresses Professional Arbitration on Court Terms (PACT)...

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note explains the transitional arrangements for CPR 36 following its April 2015 re-write. It belongs to a collection of Practice Notes created for the joint LexisNexis and St Philips Commercial seminar series on the changes to Part 36 held in Leeds, Birmingham and London in January 2015. To obtain all supporting materials and the recording of the April 2015 London Part 36 session, please visit our LexisNexis Dispute Resolution blog and register. For additional Practice Notes in this suite on the updated CPR 36, refer to the related content links on the right-hand side. What is happening and when? The new CPR 36 took effect in full on 6 April 2015 and applies to every Part 36 offer made on or after 6 April 2015. Nevertheless, several of the new rules also apply (from 6 April 2015) to Part 36 offers that were made before that date. Below we identify those provisions and...

This Practice Note sets out guidance on seeking permission to appeal (PTA) under CPR Part 52 in both the lower court and the appellate court (CPR 52.3(2)). It explains how to challenge decisions of lower courts and the steps for making PTA applications in the court below. It also addresses the need to apply at the conclusion of the hearing in the lower court, together with the deadlines for requesting PTA from the appellate court where no application was made below or where the lower court has refused PTA. The Note specifically considers applications for permission to the Court of Appeal where no oral hearing is directed, the respondent’s role (and potential costs) and the actions open to a respondent, as well as the procedure and particular provisions for the County Court, High Court and Court of Appeal, and how (and by whom) a PTA application will be decided. Be aware that CPR 52 and the related practice directions were substantially revised in October 2017, so caution is required when...

Agenda for case management hearing (England and Wales) Click below to get the Word edition of the Agenda for case management (England and Wales): Agenda for case management hearing (England and Wales)—Word version. Click to get the PDF edition of the Agenda for case management (England and Wales): Agenda for case management hearing (England and Wales)—PDF version. For Welsh versions, see: Agenda Rheoli Achosion (Cymru a Lloegr)—Cymraeg—Word Agenda Rheoli Achosion (Cymru a Lloegr)—Cymraeg—PDF ...

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. ]... ...

Standard case management directions The Claimant must supply the Respondent with a schedule of loss by 4:00pm on [ insert date ] [ along with any materials pertinent to mitigation of loss and any papers that substantiate the amounts stated in the schedule ]. The Claimant must revise the schedule of loss a fortnight before the substantive hearing. [ A list of issues to be settled on or before 4:00pm on [ insert date ]. OR The Claimant to deliver a draft list of issues to the Respondent on or before 4:00pm on [ insert date ], and the Respondent to return any revisions on or before 4:00pm on [ insert date ]. ] The Respondent must serve a counter-schedule of loss on or before 4:00pm on [ insert date ], identifying which parts of the schedule of loss are challenged and the reasons, together with any alternative figures and computations advanced...

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...