"LexisPSL and the other Lexis solutions support our business in exactly the way we want. They enable us to quickly turn around work and deliver the best possible service to our clients."
SBP Law
Access all documents on Defence
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.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
Case management in the magistrates’ court—checklist This Checklist should be read in conjunction with Practice Note: Case management in the magistrates’ courts. Prior to getting to court Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will also be conducted through Common Platform. For more information, see Practice Note: How to use Common Platform and the Digital Case System. Requesting the Initial Details of the Prosecution Case • defence advocates should obtain the Initial Details of the Prosecution Case (IDPC) by emailing, telephoning or writing to the relevant contact at the Crown Prosecution Service (CPS). The contact details are published on the website for the relevant district of the CPS. The following information is usually required for IDPC requests: ◦...
Advising a client, trial on indictment or summary trial?—checklist Advantages of Summary Trial • Less expensive • Less time consuming • Possible lower sentence • Less formality: advocates do not wear wigs or gowns • Automatic right of appeal if defendant convicted Disadvantage of Summary Trial • Magistrates may be case hardened, more likely to convict • No division between tribunal of fact/law, making it difficult to forget inadmissible evidence • The court has the power to commit for sentence if it thinks it has inadequate powers of punishment for an either way
Discover our 113 Checklists on Defence
Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...
UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • 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—Precedent • 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...
Discover our 18 Flowcharts on Defence
Homelessness—vulnerable groups This Practice Note explores the special provisions which apply to groups who are particularly vulnerable to homelessness and refers to the Homelessness Code of Guidance for Local Authorities, February 2018 (the 2018 Code). For more information on vulnerability for the purposes of assessing a person’s priority need for accommodation, see Practice Note: Homelessness—priority need for accommodation. Local authority duties Part VII of the Housing Act 1996 (HA 1996) sets out the statutory framework for assessing whether or not a person will be owed a duty, and if so what duty, by a local housing authority (LHA) if they are homeless. See Practice Note: Homelessness—assisting the homeless post-3 April 2018. In 2002, the government amended HA 1996 homelessness legislation through the Homelessness Act 2002 (HA 2002) and the Homelessness (Priority Need for Accommodation) (England) Order 2002, SI 2002/2051 to: • ensure a more strategic approach to tackling and preventing homelessness, in particular by requiring a homelessness strategy for every LHA district; and • strengthen the...
Legal professional privilege in civil proceedings This Practice Note considers legal professional privilege (LPP), which is made up of legal advice privilege and litigation privilege. It considers the various criteria for both types of LPP including confidentiality of communications, the dominant purpose and legal context of the communications over which privilege is being asserted and to whom the communication has been copied. The question of which country’s law decides whether a document is privileged is answered. The Practice Note looks at the meaning, for the purposes of asserting privilege, of client, legal adviser, legal advice and anticipated litigation. It addresses the various exceptions to privilege (ie circumstances in which privilege will not arise) including the iniquity exception (in circumstances of fraud or crime), where statute overrides privilege, etc. The position on copy documents, collated, selected and extracted documents and translations is also considered. Finally, practical tips on LPP and privilege generally are offered. Legal professional privilege (LPP) (which is often referred to simply as ‘privilege’ in this...
Discover our 3576 Practice Notes on Defence
Training materials—tax evasion facilitation The corporate offence of failure to prevent the criminal facilitation of tax evasion is created by the Criminal Finances Act 2017 (CFA 2017), which came into force on 30 September 2017. The training materials are customisable. This training pack has been prepared in PowerPoint and it therefore cannot be downloaded to Word from this page. Click to download the PowerPoint presentation. Contents • What does the law say? • Risks and red flags • Our approach • Reporting concerns • Consequences Summary This training session covers the laws and requirements you need to be aware of relating to the offence of failure to prevent the facilitation of tax evasion. Purpose of the slides This training aid consists of a pack of PowerPoint slides and accompanying ‘Speaker notes’, and has been written to dovetail with Precedent: Tax evasion facilitation prevention policy. How to use the ‘Speaker
Director’s responsibility letter—offeree directors To: [name of offeree] (the Company) and its other directors [name of financial adviser] (the Bank) Proposed takeover offer for the Company 1 I, the undersigned, a director of the Company, understand that in connection with the offer [to be] made by the [insert name of offeror] (the Offeror) for [all] the issued [and to be issued] [ordinary] [and preference] share capital of the Company [(such offer to be implemented by means of a scheme of arrangement (Scheme) of the Company) ](the [ Offer OR Acquisition ]), 1.1 [the Offeror will or may issue or publish, or cause to be issued or published (amongst other things): 1.1.1 a document addressed to shareholders of the Company, containing information about the Offer, including full details of its terms and conditions (the Offer Document); 1.1.2 [a prospectus or equivalent document containing details of the issue of shares proposed to be made by...
Dive into our 375 Precedents related to Defence
If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover? It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims. It should be noted that the purpose of section 11 of the Insurance Act 2015 relates to terms that define the risk as a whole, and it is to prevent insurers from relying on a breach unconnected to the...
How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? What are the implications if a witness observes a criminal trial from the public gallery? How does the court sentence a defendant who has a suspended sentence, but is convicted of an offence that predates the conviction for which the suspended sentence was imposed? Paragraph 8 of Schedule 12 to the Criminal Justice Act 2003 (CJA 2003) (CJA 2003, Sch 12, para 8) governs what happens if an offender breaches a suspended sentence order (SSO) imposed by a court. It is only where it is proved to the satisfaction of a court before which an offender appears or is brought under of CJA 2003, Sch 12, paras 6 or 7 or by virtue of CJA 2003, s 192(6) (periodic review) that the offender has failed without reasonable excuse to comply with any of the community requirements of...
See the 642 Q&As about Defence
The House of Lords European Affairs Committee heard evidence on the legal context for a potential UK-EU relationship reset. Key points included that while the Trade and Cooperation Agreement allows for supplementing agreements, significant changes would likely require new UK legislation. The EU's approach may be influenced by experiences with other non-members. On security and defence, a partnership could offer flexibility but formal UK decision-making is unlikely. Any sanitary and phytosanitary agreement would probably require dynamic alignment with EU rules. Unlike the previous administration, the current UK Government has not ruled out a role for the European Court of Justice. The ongoing sand-eel fishing dispute highlights tensions over environmental standards and sovereignty that could impact reset negotiations.
Information law analysis: In September 2024 the Department for Science, Innovation and Technology announced new plans to boost data centres and protect them from cyber threats and power outages, designating data centres as Critical National Infrastructure (CNI) alongside key facilities such as energy and water systems. Adam Richardson, Barrister, 4-5 Gray’s Inn Square discusses the background to this designation and its implications.
Read the latest 8165 News articles on Defence
**Trials are provided to all UUÂãÁÄÖ±²¥ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these UUÂãÁÄÖ±²¥ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234