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Generally, the appropriate track for claims for which the small claims track is not appropriate and which have a financial value of not more than £25,000.
Within this limit, it is only the appropriate track if the trial of the claim is likely to last no longer than one day, and if oral expert evidence is to be limited to one expert per party in any given field, with experts in no more than two fields. See the Civil Procedure Rules 1998, r 26.6(4).
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What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....
Electronic disclosure checklist for pre-CMC discussion Introduction The CPR contains a number of provisions that either require or urge parties to meet before the first Case Management Conference (CMC) to discuss disclosure (CPR 31.5) and disclosure of electronic documents (CPR PD 31B). For further guidance on the interpretation and application of the provisions, see Practice Note: Disclosure obligations in multi-track claims. You should consider if the proceedings are subject to the disclosure scheme in the Business and Property Courts. Note: this Practice Note does not cover this scenario. For further guidance on the disclosure scheme in the Business and Property Courts, see: Disclosure Scheme (Business & Property Courts)—overview, which also includes some guidance on determining Which disclosure rules apply to my claim—flowchart? The reason for requiring the parties to meet before the CMC is to ensure parties to litigation are engaging with e-disclosure issues at an early stage in order that the e-disclosure process could be run as efficiently and cost effectively as possible. It is important to make...
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UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...
Copyright infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Copyright―protectable works • Copyright—subsistence and qualification • Copyright—authorship and ownership • Copyright infringement • Interim and final injunctions—overview • Copyright—permitted acts and defences • Copyright—secondary infringement • How to run an IP dispute • Disclosure scheme—overview • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme Claim preparation and pre-action matters—Precedents • Cease and desist letter—IP infringement Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Claim preparation and pre-action matters—News Analysis • The use of intellectual property insurance Stage 2—letter of claim alleging copyright infringement Letter alleging copyright infringement—Practice Notes • Copyright infringement • How to draft a letter of claim in an IP dispute • Unjustified threats of intellectual property right infringement • Civil and criminal remedies for intellectual property...
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This Practice Note considers case management on the fast track of civil claims that are issued before 1 October 2023.The rules relating to case management and directions in the fast track vary, depending on whether proceedings are issued before or after 1 October 2023. This Practice Note considers case management of fast-track claims for proceedings issued before 1 October 2023. For information on case management of fast-track claims for proceedings issued on or after 1 October 2023, see Practice Note: Fast track—case management—position on or after 1 October 2023.Note however that for personal injury claims, the rules vary depending on the date when the cause of action accrues and for disease claims when the first letter of claim has been sent. For these claims, the rules set out in this Practice Note only apply to personal injury claims where the cause of action accrued before 1 October 2023 and to disease claims where a letter of claim has been sent before 1 October 2023.Note: Form N170 was updated after 1...
Note, the extension of the fixed costs regime came into force on 1 October 2023. For all civil cases, other than personal injury and disease, the extended fixed costs regime applies (unless the case is specifically excluded) where proceedings are issued on or after 1 October 2023. For personal injury cases, the extended fixed costs regime applies where the cause of action accrued on or after 1 October 2023 and for disease cases the extended fixed costs regime applies if the letter of claim was sent to the defendant on or after 1 October 2023.This Practice Note covers fixed trial costs in the fast track for fixed costs cases issued prior to 1 October 2023. These are costs the court may award as costs of the advocate preparing and appearing at trial. The amount depends on the value of the claim (Table 9 (rule 45.38(1)) and whether dealing with a money claim, non-money claim or counterclaim. Under previous rule 45.39 the court has the power to award more or less...
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Directions—opposed LTA 1954 business lease renewal 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] ] before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name]        Claimant and [insert name]        Defendant _______________________________________ Directions _______________________________________ Upon reading the allocation questionnaires filed by the parties. [ upon the parties having agreed the directions set out below. AND upon hearing the parties.] It is ordered that: 1 Allocation [The case is allocated to the multi-track. Cost budgeting is dispensed with. OR The case is allocated to the fast-track.] 2 Preliminary issue The trial of the issue as to whether the Landlord satisfies the ground of opposition contained within section 30(1)[(a) OR (b)...
Counter schedule of loss—fast track [IN THE COUNTY COURT AT [insert] OR IN THE HIGH COURT OF JUSTICE] [[SPECIFY DIVISION]] [ [Specify Specialist court] ] [[INSERT LOCATION] DISTRICT REGISTRY] Claim No: Between [A B]        Claimant and [X Y]        Defendant ________________________________________________ COUNTER SCHEDULE OF LOSS ________________________________________________ The Defendant reserves the right to alter, amend or add to this counter schedule at any time up to and including trial. Item Claim Defendant’s figure Defendant’s comments General damages To be assessed To be assessed Loss of earnings £3,500.00 £1,200.00 The Defendant will rely on the evidence of Dr Smith who indicated that the Claimant could have returned to work 4 weeks after the accident. Furthermore, the figures claimed are gross. The Claimant’s average net weekly earnings were £300. Medical expenses Physiotherapy 10 sessions @ £40 per session £400.00 £400.00 Subject to sight of supporting documentary evidence, this may be agreed. Thai Massage 3 sessions @ £80 per session £240.00 £0 Denied. The...
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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)....
What level of costs are recoverable on an application to set aside default judgment before the claim has been allocated to a track? The general position is that costs rules applicable to a particular track will apply, even pre-allocation, unless the court or a practice direction provides otherwise: • CPR 46.11(2) provides: 'once a claim is allocated to a particular track, those special rules shall apply to the period before, as well as after, allocation except where the court or a practice direction provides otherwise' • CPR PD 46, para 7.1(2) provides: 'where a claim has been allocated, the special rules which relate to that track will apply to work done before as well as after allocation save to the extent (if any) that an order in respect of that work was made before allocation' CPR 46.13(1) and CPR PD 46, para 7.1(1) provide, respectively: • any costs orders made before a claim is allocated will not be affected by allocation', and • 'before a claim...
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The Pensions Regulation (TPR) is set to launch a strategy to drive up standards of trusteeship. In a press release and in a speech delivered on 5 June 2025 by its chief executive, Nausicaa Delfas, the regulator said the strategy would bring trusteeship into line with other professions and corporate governance standards. Nausicaa Delfas highlighted the transformative impact of the Pension Schemes Bill (also published on 5 June) on the UK pensions system, which will result in inevitable changes to the nature of trusteeship. She informed delegates at the PMI annual conference that trustees need to ensure they are therefore ready for the 'transformational impact' that the Pension Schemes Bill will bring.  Nausicaa Delfas said she views the Bill as a ‘once in a generation’ opportunity to improve defined benefit (DB) and defined contribution (DC) schemes, aiming to reduce risks, enhance governance, and ensure better outcomes for savers. TPR's initiatives aim to secure and enhance the financial security of millions of savers by ensuring that trusteeship is robust, forward-looking, and entirely...
This week's edition of Pensions weekly highlights includes a review of key news stories, as well as dates for your diary and trackers.
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