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Cancelling a judgment or order or a step taken by a party in the proceedings.
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Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...
Procurement Act 2023—key changes 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. Introduction The Procurement Act 2023 (PA 2023) is the new legislation that will govern public procurement. It will replace the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274, the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273 and the Defence and Security Public Contracts Regulations 2011 (DSPCR 2011), SI 2011/1848. On 12 September 2024, the government announced that the go-live date for PA 2023 will be delayed until 24 February...
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The general position of the bankruptcy and family courtsThe impact bankruptcy and divorce proceedings have on one another has been subject to several cases in both the bankruptcy and family courts. Unfortunately, it is not uncommon for bankruptcy proceedings to exist while divorce proceedings are ongoing, and concurrent proceedings can create conflict when it comes to the division of assets. The timing of when the bankruptcy petition is issued compared to when the family court makes a property adjustment order is crucial in determining the effect bankruptcy proceedings will have on family proceedings. For further reading on bankruptcy and divorce proceedings see:•Bankruptcy and family financial remedy proceedings—overview•Practice Note: The impact of bankruptcy on divorce proceedings•Practice Note: Can the court annul a bankruptcy order obtained in order to defeat the divorce proceedings?•Checklist and timeline showing the impact different stages of bankruptcy proceedings can have on ancillary relief proceedings in a divorce•Practice Note: Dos and don'ts for family lawyers when dealing with bankruptcyThis Practice Note considers what challenges are available to the...
This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) (or the Civil Partnership Act 2004 (CPA 2004) equivalent) to set aside a financial transaction to a third party in family proceedings where the applicant believes the transaction was made so as to defeat their financial claim.Setting asideWhere a party considers that the other party has disposed of assets to a third party so as to defeat their claims in financial proceedings within divorce or civil partnership dissolution proceedings, or where, following a court order, a disposition has been made which impedes enforcement, an application can be made under MCA 1973, s 37 or CPA 2004 equivalent. Such a disposition is termed 'reviewable' and the court may be asked to review the disposition and, if justified, set it aside. Such an application may be made before or after an order has been made by the court in the main financial proceedings. The third party to whom the disposition has...
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Letter to successful supplier after end of the standstill period 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. [Insert name of successful tenderer] [Insert address of successful tenderer] [Date] Our ref: [Insert contracting authority's reference] Your ref: [Insert successful tenderer’s reference] Dear [insert organisation or representative...
Offer document—definitions (Appendix 5) Appendix [5]—DEFINITIONS The following apply throughout this document unless the context otherwise requires: [Offeree] or the Offeree • [insert full name of offeree] PLC, a public limited company incorporated in [insert country of incorporation] with registered number [insert number] [Offeree] Directors • the directors of [Offeree] at the date of this document, as set out in paragraph [insert number] of Appendix [4] [[Offeree] Group • [Offeree] and its subsidiary undertakings] [[Offeree] Optionholders • holders of options in the [Offeree] Share Option Scheme [Offeree] Shareholders • holders of Shares [[Offeree] Share Option Scheme • any of [insert names of all the share option schemes operated by offeree]] [Offeree] Warrantholders • holders of [Offeree] Warrants [Offeree] Warrants • the warrants to subscribe for Shares issued under the [Offeree] share warrant instrument dated [insert date]] [Offeror] or the Offeror • [insert full name of offeror], a [public OR private] limited company [and a wholly owned subsidiary of [Offeror Parent]], incorporated in [England...
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Is a Part 20 defendant normally required to complete a directions questionnaire ‘DQ’ (Form N181), does this answer change if the claim would be fast track, but the Part 20 claim multi-track? If the notice of allocation sent to the claimant does not require budgets, disclosure discussion report etc, can you ignore and propose standard directions? Also, outside the disclosure pilot, can one use standard disclosure? In this Q&A, the defendant’s Part 20 claim is a counterclaim that has been made against a person other than the claimant under CPR 20.5. Is a Part 20 defendant required to file a directions questionnaire? CPR 20 deals with counterclaims and other additional claims by the defendant. CPR 20.3(2) sets out which of the Civil Procedure Rules do not apply to additional claims (which, as defined in CPR 20.2(2) includes counterclaims). Included in the rules that do not apply to additional claims is CPR 26, which sets out the requirement for the parties to file a directions questionnaire (DQ)....
Can a party restricted by CPR 3.14 still make a claim for costs up to the date of the Costs CMC? The short answer is that a party cannot make a claim for costs up to the date of the CMC. Purpose of CPR 3.14 The purpose of the provision in CPR 3.14 is for it to act as a sanction such that if a party fails to provide a costs budget, as provided for by the CPR provisions, it will be unable to recover any of the costs expended in pursuit of the litigation other than the court costs. Given the draconian sanction, the court does have the ability to make another order; this is provided for at the start of the provision in CPR 3.14. If the costs have only recently been restricted, you may be able to take steps to seek to set aside or overturn that decision. You may, also or alternatively seek relief from sanctions under CPR 3.9. The provisions in relation to...
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This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s decision to launch a consultation on proposed changes to the CMA’s guidance on applications for leniency and no-action in cartel cases, (2) publication by the CMA of guidance on how mergers are investigated, and (3) publication of guidance by the CMA on how it will deliver the 4Ps to support growth under the new digital markets competition regime. This week's highlights also includes, from an EU perspective: (1) the Commission’s decision to fine Apple €500m for breaching its anti-steering obligation under the DMA, (2) the Commission’s decision to close its investigation into Apple's user choice obligations under the DMA, (3) the Commission’s decision to issue its preliminary findings in relation to its non-compliance investigation into whether Apple’s new contractual requirements for alternative app distribution breach the DMA, (4) the Commission’s decision to fine Meta €200m for breaching the DMA obligation to give consumers the choice of a service that uses less of their personal data,...
This week’s edition of Family weekly highlights includes details of the Domestic Abuse Commissioner’s report on babies, children and young people’s experiences of domestic abuse and a speech by the President of the Family Division for the Katherine Gieve Memorial Lecture. The Court of Appeal’s clarification of the approach to the test for appointment of intermediaries is analysed. Recent judgments, including the Supreme Court's decision on gender recognition and the Equality Act 2010, together with consideration of expert fees in public law children cases, are also set out. A new Practice Note containing links to flowcharts in Lexis+® UK covering a wide range of family law issues is also set out, together with a new template order approving instruction of an expert whose hours or rates exceed Legal Aid Agency limits in public children cases.
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