What does Claim mean? In practice, a claim is a party’s demand for a remedy from a court or tribunal against another, initiated by issuing the originating process. It seeks relief such as damages, an injunction, specific performance, restitution or a declaration, and rests on an identifiable cause of action (or equivalent legal basis). The term is descriptive (not generally defined by statute) and shaped by civil procedure rules. In England and Wales, a claimant brings a claim under the CPR by claim form (Part 7 or Part 8) against a defendant. It includes counterclaims and additional claims (contribution, indemnity or set‑off). In...
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Where a landlord contests a request for a new tenancy under the Landlord and tenant Act 1954 (LTA 1954), the application must be brought using Form N1. These drafting notes are provided to accompany, and are intended for use solely with, Form N1, which is the required claim form in such circumstances.
For other relevant precedents, see:
These notes are designed to assist with completing Form N1 where a tenant of business premises seeks a renewal under the LTA 1954 and the landlord is opposing that renewal. Opposed lease renewal proceedings are brought under the Part 7 procedure, and evidence is filed in accordance with the court’s directions, with the landlord serving their evidence first. A claim can be issued at any County Court hearing centre; however, if it is commenced at a centre that does not serve the address at which the land is located, the court will transfer it to the hearing centre that serves that address. Accordingly, time is saved by issuing the claim at the County Court hearing centre serving the area in which the land is situated...
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 ]...