What does Response mean? In construction adjudication, a Response is the responding party’s written case answering the Referral Notice. It sets out the defence on the merits, any jurisdictional objections, set-off and counterclaims, and includes supporting evidence (such as contracts, correspondence, witness statements and expert reports). The term is not defined in statute; its use and timing derive from adjudication rules and the adjudicator’s directions, and it is often called a “Response to Referral” or simply a “defence”. Across England & Wales, Scotland and Northern Ireland, under the Housing Grants, Construction and Regeneration Act 1996 (as amended) and the relevant Scheme for Construction Contracts, a...
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This PrACTice Note outlines how the Criminal Justice Act 2003 (CJA 2003) has broadened the Use of video and audio technology in criminal cases, allowing defendants, witnesses and others to engage in a wide range of hearings. The Lord Chief Justice has issued statutory guidance to assist the criminal courts in understanding when and how live links should be deployed. That guidance (available here) is intended to be read alongside the Criminal Practice Directions 2023 (CrimPD), particularly CrimPD 5.5. For practical advice to ensure remote participation proceeds smoothly, see Practice Note: Practical guide to remote hearings in the criminal courts, as well as Practical tips for remote attendance at criminal hearings—checklist.
Under the CJA 2003, eligible criminal proceedings in England and Wales may use two forms of live link: live video links and live audio links. A judge or magistrate may direct, or permit, an individual to take part in eligible criminal proceedings by means of a live audio link or a live video link. The categories of eligible proceedings are set out in CJA 2003, s 51(3). Live audio links comprise real-time telephone connections or...
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 ]...