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The statement of case in which the defendant sets out the facts on which he relies in response to the particulars of claim.
Civil Procedure Rule (CPR) 15 sets out the requirement for filing a defence if the defendant wishes to defend all or part of the claim, the consequence of not doing so and the period for doing so. The contents of the defence must include those matters set out in CPR Rule 16.5. If a defendant wishes to bring a counterclaim against the claimant, the defence and the particulars of the counterclaim should normally form one document.
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A summary checklist and timeline for bringing misfeasance, fraudulent trading and wrongful trading claims under sections 212, 213, 246ZA, 214 and 246ZB of the Insolvency Act 1986 Checklist This Checklist is in relation to claims under sections 212–214, 246ZA and 246ZB of the Insolvency Act 1986 (IA 1986), being commenced by an insolvency office-holder. For further reading on claims under IA 1986, ss 212–214, 246ZA and 246ZB generally, see Practice Notes: • Misfeasance claims under section 212 of the Insolvency Act 1986 • Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986 • Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986 Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company and the matters giving rise to the claim(s) against the respondent(s). This would include obtaining the company's books and records, interviewing directors, former directors and any persons with information concerning the promotion, formation, business, dealings, affairs or property of the company.It...
Confiscation timetable—checklist Under section 14 of the Proceeds of Crime Act 2002 (POCA 2002), the court should usually make a confiscation order before the defendant is sentenced but it may postpone the confiscation proceedings for a specified period of up to two years from the date of conviction—see Practice Note: Postponement of confiscation proceedings. Where it does so, the court will usually set a timetable for the exchange of information which is required under POCA 2002 (this is sometimes called the confiscation timetable). The following table sets out the documents exchanged for these purposes, when they are required and some key information for practitioners to note when considering these documents. Document: Required where: Commentary Information by defendant in response to an order under POCA 2002, s 18 The court proceeds to make a confiscation order under either POCA 2002, s 6(3)(a) (the prosecutor asks the court to make an order) or POCA 2002, s 6(3)(b) (the court believes it is appropriate to make an order), or where the court is considering whether to proceed to...
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Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...
Freedom of information request—flowchart In brief The timeframe for compliance with a freedom of information request is 20 working days, although in certain limited circumstances this can be extended. Upon receipt of a request, an authority should: • record the date on which the request was received • assess the validity of the request • establish whether information of the description specified in the request is held by the authority • estimate the cost of compliance • consider charging a fee • consider whether any exemptions apply • respond to the applicant within the timeframe For information on the freedom of information regime generally, see Practice Notes: • Introduction to freedom of information • Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version. Step 1—Request for information received Click here to view or print the full-size PDF version: Timeframe within which to respond See Practice Note: Compliance with a freedom...
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Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...
Remedies for connected lender liability in consumer credit This Practice Note examines a purchaser’s causes of action and remedies where the credit in a supplier-purchaser agreement is financed by a third party. The Consumer Credit Act 1974 (CCA 1974) provides that in certain instances where there is a connection between the supplier of goods and services and the creditor, the borrower will be able to seek a remedy against the creditor under CCA 1974, s 75 where the supplier has made a misrepresentation or is in breach of contract. This Practice Note looks at the main requirements of section 75 and the circumstances in which it might be applied when purchasing goods or services with a credit card. Overview Under a contract for the sale or supply of goods or services as between a supplier and purchaser, the purchaser’s causes of action and remedies are well known. However, what is the position where the transaction is financed by a third-party creditor? In certain debtor-creditor-supplier (or DCS) relationships, a consumer...
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This Precedent is drafted as a letter of claim and is designed to be sent to the editor of a newspaper that has published a defamatory report. For guidance on defamation, see Practice Notes: —Ireland—Defamation law—an overview of the Defamation Act 2009 (Ireland) —Lexology Panoramic: Defamation and Reputation Management—Ireland—Q&A guide Ask the following questions which reflect the underlying merits of a complaint: —is there clear evidence that the statements in question are false? Ensure you are in possession of all the facts prior to sending out a letter of claim —who is the subject of the defamatory material and is their business likely to be of interest to the public? The fact that a public figure has instructed lawyers in respect of allegedly defamatory comments may be as interesting to the public as the original statements and draw more attention to them. A letter of claim may be marked ‘not for publication’ but unless it contains obviously private or confidential information, little may be done to restrain its publication —has...
Letter accompanying Invitation to participate in dialogue—competitive dialogue procedure STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. [On headed paper] [Insert date] [Insert address of bidder] Dear [[Insert contact name] OR [Insert name of nominated lead organisation if bidder is a
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What approach is taken by the Motor Insurer's Bureau in relation to limitation and the Uninsured Drivers' Agreement where the victim was a child at the time of the accident and is now an adult? The most recent Uninsured Drivers' Agreement 2015 (the 2015 Agreement) came into force for accidents occurring on or after 1 August 2015. The earlier Uninsured Drivers' Agreement 1999 (the 1999 Agreement) applies to road traffic accidents which occurred between 1 October 1999 and 31 July 2015. Clause 3 of the 1999 Agreement provides that where: '(a) any act or thing is done to or by a solicitor or other person acting on behalf of a claimant, (b) any decision is made by or in respect of a solicitor or other person acting on behalf of a claimant, or (c) any sum is paid to a solicitor or other person acting on behalf of a claimant, then, whatever may be the age or other circumstances affecting the capacity of the claimant, that act, thing, decision or...
Is security for costs available against a company prior to starting proceeding? Just because a company is based abroad in a non-convention state, is security for costs automatically granted? Is security for costs available against a company prior to starting proceedings? Security for costs is only available when there are actual court proceedings. It is not available pre-action. Although pre-action costs can be recovered in litigation and may, therefore, form part of an application for security, there is little that defendants can do to protect themselves regarding pre-action costs if there is no subsequent litigation. For guidance on recovering pre-action costs, see Practice Note: Pre-action—costs recovery. Just because a company is based abroad in a non-convention state, is security for costs automatically granted? Pursuant to CPR 25.13, a court may make an order for security for costs if: ‘it is satisfied, having regard to all the circumstances of the case, that it is just to make such an order, and… one or more of the conditions in...
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This week's edition of Environment weekly highlights includes: news analysis on the Department for Environment, Food and Rural Affairs (Defra)'s consultation aiming to refine the biodiversity net gain (BNG) framework to better accommodate minor, medium, and brownfield developments. In addition this week, Defra has announced plans to introduce a Bill by the end of 2025 to enable the UK's ratification of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, the Office for Environmental Protection (OEP) has filed its written submissions in the appeal of R (Rights Community Action Ltd) and has found potential breaches of environmental law on wild bird protection by Defra and Natural England, and Defra has announced that new provisions under the Water (Special Measures) Act 2025 (W(SM)A 2025) have come into effect, banning bonus payments for senior executives at six water companies.
This week's edition of Energy weekly highlights includes coverage of important nuclear energy announcements by the Department for Energy Security and Net Zero (DESNZ) and HM Treasury (HMT), with: (1) £14.2bn being invested by government towards the construction of Sizewell C; and (2) the selection of Rolls-Royce SMR Ltd as the preferred bidder to partner with Great British Energy - Nuclear (GBE-N) (formerly Great British Nuclear) to develop the UK's first fleet of nuclear small modular reactors (SMRs). We also cover a section 35 direction, issued by the Secretary of State (SoS) pursuant to under the Planning Act 2008 (PA 2008), for the Humber Hydrogen Pipeline project, confirming that this early hydrogen transport project will be consented through the Development Consent Order (DCO) route. In addition this week, the National Energy System Operator (NESO) published its timeline for implementing the TMO4+ grid connections reform process across 2025–26, aimed at providing developers with greater clarity on the forthcoming timetable. Finally, we have published a News Analysis on the key energy and...
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