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Procedural guide—Protection from Harassment Act 1997 (civil remedy)

Procedural guide—Protection from Harassment Act 1997 (civil remedy) The Protection from Harassment Act 1997 (PHA 1997) makes it an offence to pursue a course of conduct that amounts to harassment and creates a civil tort allowing for a claim for damages and ancillary injunctions. The High Court and county court can grant an injunction for personal protection by forbidding harassment. Where clients are unable to avail themselves of the provisions of the Family Law Act 1996 (FLA 1996) because they do not satisfy the criteria or eligibility, or where damages are sought, then their solution may lie under the PHA 1997. Claims under the PHA 1997 are not 'family proceedings' and applications are governed by the Civil Procedure Rules 1998, SI 1998/3132 (CPR). Criteria The relevant legislative provisions are contained in the Protection from Harassment Act 1997. PHA 1997 Harassment is any course of conduct which might be seen by a reasonable person to amount to harassment. The victim of a course of conduct prohibited by PHA 1997, s...

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Employment claims in Scottish civil courts

Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: • the most common orders sought by employment lawyers in Scottish civil courts • the structure of the Scottish civil court system • the jurisdiction and key features of each relevant court • rights of audience • rules of procedure • important points about: ◦ breach of contract claims in Scotland ◦ injunctive (interlocutory) relief in Scotland ◦ dawn raids in Scotland ◦ industrial relations disputes in Scotland ◦ equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...

Starting an appeal in the County Court or the High Court

Starting an appeal in the County Court or the High Court Scope of this Practice Note This Practice Note provides guidance on how to start an appeal in the County Court and the High Court. It focuses on filing and serving the appellant’s notice, including applying for an extension of time in which to do so. It also considers applications for permission to appeal in the High Court and County Court under the provisions set out on CPR PD 52B, including the ability of an applicant to request an oral reconsideration of the application for permission to appeal. Note that special provisions apply to appeals in contempt proceedings. For details, see Practice Note: Civil contempt proceedings—appeals, purges and discharge. The Practice Note contains guidance to the provisions contained within CPR PD 52B, which deals with appeals in the County Court and High Court, and supplements CPR 52 and the other practice directions under Part 52. This Practice Note should be read in conjunction with the general guidance...

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Witness statement in opposition to the continuation of an interim prohibitory injunction granted without notice

Witness statement in opposition to the continuation of an interim prohibitory injunction granted without notice Filed on behalf of the Defendant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] between: [insert name]        Claimant/Applicant and [insert name]        Defendant/Respondent _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the DEFENDANT/RESPONDENT _______________________________________ I, [insert full name of witness] of [insert name of solicitor's firm] which practices at [insert the firm’s address], will...

Drafting note for claim form in right of light proceedings

Drafting note for claim form in right of light proceedings Introduction A claim about rights of light will often be commenced under CPR 7 by using Claim form (N1), although in some cases the CPR Part 8 procedure may be appropriate (see Practice Note: CPR Part 8 claims (alternative procedure for claims)). These drafting notes are for use with Form N1 only. For general guidance, see Practice Note: Claim form—the contents. Relevant Precedents For other relevant Precedents, see: Particulars of claim for right of light claim Order for Interim Injunction in right of light proceedings Court details Insert the name of the court where the proceedings are to be issued. The claim can be issued either in the County Court or in the High Court if the value of the claim permits. See Practice Note: Where to start a civil claim. If issuing in the County Court, you can issue the claim in any County Court hearing centre, however, be aware that if the...

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Dispute Resolution weekly highlights—17 April 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Courts and Tribunals Judiciary’s updated guidance on the use of artificial intelligence and the Court of Appeal decision in Astrazeneca AB v Glenmark Pharmaceuticals Europe Ltd (interim and final injunctions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Life Sciences weekly highlights—17 April 2025

This week's edition of Life Sciences weekly highlights includes news that the European Commission published the second version of its guidelines on responsible use of generative AI in research that complements the EU Artificial Intelligence Act, the HRA and MHRA announced that the Medicines for Human Use (Clinical Trials) (Amendment) Regulations 2024 has been enacted into UK law initiating a 12-month implementation period to become fully effective on 10 April 2026, the Charted Institute of Taxation offers insight into the application of R&D relief to going concern rules in the context of intra-group transfers of trade, an EU committee found that ‘many pharmaceuticals’ would be captured by the proposed definition of per- and polyfluorinated alkyl substances (PFAS) in the Water Framework Directive, the European Pharmacopoeia Commission adopted a new general chapter on human cell therapies providing for production and quality control preparations, the EMA has updated its Q&A guidance on GMP/GDP standards and the industry body for Notified Bodies released three position papers on AI regulation, IVDR certification and MDR...