What does Simplified procedure mean? In family law practice, simplified procedure describes a streamlined court route for ending a marriage or civil partnership in straightforward, uncontested cases. In Scotland this is a statutory process (simplified divorce/simplified dissolution) available only where there are no children of the marriage/civil partnership under 16, no financial orders are sought or outstanding, and the irretrievable breakdown is established on separation grounds (typically one year with consent or two years without). Applications are made on prescribed forms to the sheriff court or the Court of Session, usually determined on the papers without a hearing. It is sometimes referred to as DIY...
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This Practice Note examines Extended Disclosure within the Disclosure Scheme operating in the Business and Property Courts (B&PCs) under CPR PD 57AD. It sets out what Extended Disclosure entails, the route to obtaining it, and the matters the court weighs when making an Extended Disclosure order, including the touchstone of what is ‘reasonable and proportionate’, together with the various Extended Disclosure Models A, B, C, D and E. The Disclosure Scheme took effect on 1 October 2022 following a disclosure pilot. Decisions handed down during the pilot remain pertinent and are referenced below.
The usual sequence for disclosure under the Disclosure Scheme is:
Extended Disclosure is not automatic; it must be applied for and granted by the court. A party may seek Extended Disclosure even where parties have dispensed with Initial Disclosure. Extended...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...