What does Filing mean? Filing is the act of submitting a document to a court, tribunal or relevant registry so it becomes part of the official record for a case or application. In litigation, it is the delivery by a party or prospective party of documents such as a claim form, defence, evidence or application notice to the court office, increasingly via electronic filing. The concept is governed by procedural rules rather than a single statute. In England and Wales, the Civil Procedure Rules define how and when to file (including e‑filing systems). Northern Ireland follows the Rules of the Court of Judicature. In...
Read More
The DDSA 2020 took effect on 6 April 2022. Proceedings issued by the court on or after that date are governed by DDSA 2020 and by the procedural amendments to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see the following Practice Notes:
Proceedings issued by the court on or before 5 April 2022 will continue under the pre-DDSA 2020 law, whether submitted via the digital system or using paper forms. These applications are unaffected by the commencement of DDSA 2020 and the resulting procedural changes. This Practice Note addresses the position for proceedings started before 6 April 2022. Legislative updates have followed from DDSA 2020, including amendments to FPR 2010, Pt 7...
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 ]...