What does Claimant mean? In legal practice across the UK and Ireland, the claimant is the party who starts a civil claim or seeks a court or tribunal remedy against a defendant or respondent. The term is a procedural description rather than a substantive legal status, and in England and Wales it is defined in the Civil Procedure Rules (CPR 2.3) as a person who makes a claim; since 1999 it has replaced “plaintiff” in most civil proceedings, including judicial review. In Scotland, the equivalent party is generally called the “pursuer” in the Court of Session and Sheriff Court, although “claimant” is used...
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Note: this template Claimant Part 36 offer letter does not address CPR 36 rules that apply specifically to fixed costs matters and scenarios. For further details and guidance on Part 36 offers in relevant fixed costs cases, please see the Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023).
Private & confidential
[ insert name and address of addressee ] [ insert date ]
Dear [ insert name of client—claimant ] [ insert case heading ]
As discussed, I have received a settlement ‘Part 36 offer’ from [ insert name of Defendant ], and enclose a copy for your review. This letter is intended to aid your decision on acceptance; I therefore outline, clearly and concisely, what a Part 36 offer means, what the defendant has proposed, and the practical implications of taking or declining it. [ After reading this letter, please kindly get in touch promptly, so we can discuss next steps in detail and assist you in choosing how to respond to the offer. ]
A Part 36 offer is a proposal to settle. The term ‘Part 36’ derives from...
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 ]...