Summons meaning

This Checklist Sets out the actions practitioners must take to secure a witness summons compelling a witness to attend a Crown Court criminal trial in England and Wales, under the Criminal Procedure (Attendance of Witnesses) Act 1965 (CP(AW)A 1965) and in line with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pt 17. It should be noted that equivalent powers to issue a summons for a proposed witness in a magistrates’ court are provided by section 97 of the Magistrates’ Courts Act 1980, and powers exist to compel the production of a witness deposition for admission in a Crown Court trial under Schedule 3 to the Crime and Disorder Act 1998. For additional guidance on these powers, consult Practice Note: Obtaining third-party disclosure in criminal proceedings...

Checklist This Checklist outlines the factors to consider when arranging payments to summoned witnesses under CPR 34.7 and to deponents under CPR 34.8, often described as ‘conduct money’. It explains when payments must not be made, how and when they should be processed, and the sums that are payable... Situations in which no payment should be provided The timing and method for making payments The amounts that are due A witness served with a witness summons (CPR 34.7) or an order for a deposition (CPR 34.8) must be offered, or reimbursed for, specified expenses and for loss of time, collectively referred to as ‘conduct money’. Professional conduct obligations, in particular rules 2.2 and 2.3 of the SRA Code of Conduct for Solicitors, registered European lawyers (RELs) and registered foreign lawyers (RFLs), are pertinent to the payment of witnesses...

The Criminal Justice Act 2003 (CJA 2003) Under the Criminal Justice Act 2003 (CJA 2003), a different route for commencing criminal proceedings in England and Wales was established. In place of laying an information before a justice of the peace to obtain a summons securing the defendant’s attendance, this approach requires public prosecutors to issue a written charge and serve it on the defendant and the court, together with a requisition directing the person to attend a magistrates’ court to answer the written charge. See Practice Note: Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Only public prosecutors authorised under CJA 2003, s 29(5) are permitted to commence criminal proceedings by this means. The table below sets out those public prosecutors who must now proceed by using the written charge and requisition or a single justice notice procedure...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

What is the consultation about and what has prompted it? A private prosecution is brought by a private person or organisation, rather than by a statutory prosecuting authority. The entitlement to institute such proceedings is retained by section 6(1) of the Prosecution of Offences Act 1985. Various bodies routinely bring cases before the courts of England and Wales on a private footing, exercising the continuing right available to any individual to commence a private prosecution. In recent times, those acting as private prosecutors have faced heightened examination. This is evident in the Justice Select Committee’s 2020 report and its recommendations on safeguards around private prosecutions, as well as in the criticisms advanced, and the evidence provided to, the Post Office Horizon IT Inquiry. More recently, the quashing of convictions for railway fare evasion offences in 2024 has further fuelled the discussion about private prosecutions, alongside a series of successful challenges to the issuing of a summons and/or claims for judicial review of decisions to issue a summons. There have...

In this issue: Arbitration in England & Wales International arbitration Investment treaty arbitration Institutional and ad hoc arbitration Sector-and industry-specific arbitration Other arbitration and ADR-related news and developments New and updated content Useful information LexTalk®Arbitration: a Lexis®Nexis community Daily and weekly news alerts Arbitration in England & Wales Limits of court assistance under sections 43–44 Arbitration Act 1996 In VXJ v FY [2025] EWHC 2394 (Comm), the Commercial Court declined VXJ’s application for assistance under sections 43 and 44 of the Arbitration Act 1996 (AA 1996). VXJ sought orders compelling non-party shareholders to produce corruption investigation materials, US litigation papers and technical reports for use in a London-seated UNCITRAL arbitration. The court found the requests overly broad, engaging serious privilege and confidentiality concerns, and imposing disproportionate burdens given the scale of the archives. It underscored that a section 43 witness summons must pinpoint the documents sought and show they are necessary, whereas section...

UT overturns case management directions relating to witness evidence (L Rowland & Co (Retail) Ltd v HMRC) L Rowland & Co (Retail) Ltd v HMRC [2026] UKUT 130 (TCC) The substantive appeal centres on whether roughly 1,400 locum pharmacists engaged by the taxpayer were self-employed or employees for PAYE and NICs purposes, with the taxpayer maintaining that the locums were self-employed and HMRC asserting that they were employees. The taxpayer refused HMRC access to the locums as witnesses and indicated it would seek judicial review of any approach made to them by HMRC. In case management, the FTT issued directions requiring the identification of ten further locums as witnesses of fact whose evidence could be relied upon at the substantive hearing, as the taxpayer had produced only two locum witness statements. If the taxpayer chose not to call these witnesses voluntarily, the directions envisaged their attendance being secured by witness summonses issued on the FTT’s own initiative. Once this additional witness evidence was available, HMRC was directed to provide...

The provisions governing the format of indictments and the process for their preparation and adoption are set out in the following: the Indictments Act 1915 (IA 1915) section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (AJ(MP)A 1933) Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Pts 3, 10 and 25 For details on what an indictment must include, its structure, how to address defects, and the process for amendments, see Practice Note: —content, form, defects and amendments. What is an indictment? An indictment is the official document listing the charges against a defendant, which is preferred (formally served) in the Crown Court. It is a different document from the written charge or information produced by the prosecution to commence a case in the magistrates' court. See Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. It is traditionally drafted by the prosecutor, for...

Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for authoritative guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, secure transmission and lodging of documents. This Practice Note supplies practical and procedural guidance on ordinary actions proceeding in the Court of Session. For information on: substantive and procedural matters to consider before commencing a civil action in the Scottish courts, including the jurisdiction of the Court of Session, see Practice Note: Starting a civil claim in Scotland the role of the Court of Session, how it is constituted and the binding nature of its judgements, see Practice Note: Civil court structure in Scotland Key: RCS—Rules of the Court of Session 1994 What is an ordinary action? An ordinary action is one that follows the ordinary cause procedure set out in the RCS. The ordinary...

Civil justice reform Consult our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up-to-date guidance on how the Scottish civil courts manage remote hearings and the electronic signing, sending, transmission and lodging of documents. The Practice Note supplies pragmatic and procedural direction for commercial actions raised in the Court of Session. It also addresses the current rules and practice applicable to such proceedings, including virtual hearings and electronic processes today. For details on: substantive and procedural points to weigh before starting a civil claim in the Scottish courts, including the Court of Session’s jurisdiction, see Practice Note: Starting a civil claim in Scotland the Court of Session’s function, composition and the binding force of its judgements, see Practice Note: Civil court structure in Scotland Key: commercial clerks inbox—commercial@scotcourts.gov.uk commercial section inbox—gcs@scotcourts.gov.uk RCS—Rules of the Court of Session 1994 What is a commercial action? RCS, Rule 47.1(2)...

This Agreement is dated [ date ] Parties [ insert name of the pursuer ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Pursuer) [ and ] [ ; ] [ insert name of defender ], a company registered in Scotland (no [ insert company number ]), whose [ registered office OR principal place of business ] is at [ insert address ] (the Defender). Each being a Party and, together, the Parties. Whereas (A) [ Insert details of the background to the dispute eg ‘The Parties entered into a contract for the supply of certain goods etc ]. (B) A dispute has emerged between the Parties regarding [ insert details of the dispute ] (the Dispute). (C) [ Proceedings were raised by the Pursuer against the Defender on [ date ] by way of [ Summons OR...

1 Introduction The Company recognises that any employee called for jury service has a legal obligation to serve, and the Company, as the employer, is legally required to permit time off for this. You are expected to co-operate with the Company to ensure that undertaking jury service does not detrimentally affect the Company, its business, or its staff. This policy also applies to other circumstances where your presence at court is required. 2 Jury service Upon receiving a summons for jury service you must: inform the Company as soon as the summons is received; notify the Company of: the date you are required to attend; where known, the expected duration of the jury service; and the court at which you are required to report; provide a copy of: ...

IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [ THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES ] In the Estate of [ name ] deceased SUMMONS LET [ name ], being the [ caveator OR person warning ], or his Solicitor, appear before [ the District Probate Registrar of the [ location ] District Probate Registry OR Probate Registry of Wales at [ address ] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High Holborn, London WC1V 6NP ] on [ date ] at [ time ] for the hearing of an application by [ name ], the [ person warning OR caveator ], seeking an order from the [ District Probate Registrar OR District Judge ] that caveat no. [ number ], entered on [ date ], shall cease to have effect. Dated: This Summons is issued by [ name of firm ] of [ address ], solicitors for [...

If a monetary order in family proceedings remains unpaid, the judgment creditor may, in those circumstances, seek a judgment summons by applying to the court for enforcement. The process is regulated by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, and if the court is persuaded that the debtor has defaulted on a debt and has, or has had since the order, the means to discharge the unpaid amount yet has refused or failed to do so, it may order the debtor’s committal to prison. This sanction applies where default relates to the ordered sum and endures despite the debtor’s means...