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Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues
Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's solicitors? Does this have an impact on common interest privilege?

Can two proposed co-defendants, who have a common interest, disclose to each other their respective open correspondence with the claimant's

What are preliminaries in a construction contract?

What are preliminaries in a construction contract?

What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold title when the lease is extended under LRHUDA 1993. Therefore it is not necessary to obtain the mortgage company's consent to the lease extension. However, if there is a mortgage on the landlord's title, does the landlord need to obtain consent or does LRHUDA 1993, s 58 also render obtaining consent unnecessary?

Section 58 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) automatically transfers any existing mortgages on a leasehold

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the whole property and transfers the beneficial interest in the residential part to B under a lifetime trust? A and C jointly own the whole property and transfer the beneficial interest in residential part to B under a lifetime trust, A and C retain the legal interest in the residential part and A retains sole legal and beneficial interest in the retained part?

Does the doctrine of unity of seisin apply as between two parcels of land held under one title (residential part and retained part) where—a owns the

Legal Guidance

Q&As

On an application under section 17 of the Married Women’s Property Act 1882/section 66 of the Civil Partnership Act 2004, can the court make a declaration that the legal owner of real property has no beneficial interest in it?

On an application under section 17 of the Married Women’s Property Act 1882/section 66 of the Civil Partnership Act 2004, can the court make a...
16th Apr
Q&As

What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?

What is the process by which a CPR Part 8 claim can be reinstated if it has been struck out?CPR 8 is subtitled the 'alternative procedure for claims'....
Produced in partnership with Daniel Laking of 39 Essex Chambers 16th Apr
Q&As

What are the consequences of non-compliance with a court order? In particular, what are the consequences of breaching a court order in the context of a family settlement?

What are the consequences of non-compliance with a court order? In particular, what are the consequences of breaching a court order in the context of...
16th Apr
Q&As

What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept service and the defendant makes an application for relief from sanctions, what are the cost implications? What are the cost implications if no application is made?

What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept...
16th Apr
Q&As

Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours before the deadline and by a party that has repeatedly failed to comply with deadlines), what considerations will the court likely to take into account when deciding whether to grant an application for an extension of time for the service of a witness statement? The other party has not made an application for relief from sanctions.

Where the parties have failed to agree a two-week extension of time for the exchange of witness statements (requested by the other party three hours...
16th Apr
Q&As

A party seeks to rely on witness evidence given in a witness statement by two persons who are both deceased. These witnesses have died since the statements were served, and the deadline for exchange of witness statements has passed. The other party to proceedings is aware both witnesses are deceased and has not objected to the use of the statements. Is a hearsay notice still needed (either formal or informal)?

A party seeks to rely on witness evidence given in a witness statement by two persons who are both deceased. These witnesses have died since the...
16th Apr
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Q&As

I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did not state what the sanction for not complying with the time limit would be. What test will the court apply in dealing with my application? Can you identify any key authorities that have considered this issue?

I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did...
16th Apr
Q&As

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?

What are the sanctions in English law and arbitration for a party that has destroyed documentary evidence?Sanctions under English lawDisclosure under...
16th Apr
Q&As

What steps can be taken to avoid court sanctions where the other party is not ready to exchange expert reports simultaneously, as directed?

What steps can be taken to avoid court sanctions where the other party is not ready to exchange expert reports simultaneously, as directed?Parties’...
16th Apr
Q&As

Are you permitted to recover costs under the CPR which were incurred during a stay of proceedings?

Are you permitted to recover costs under the CPR which were incurred during a stay of proceedings?We are not aware of any authority which suggests...
16th Apr
Q&As

To what extent does an appeal of disclosure provisions within a directions order made at a CMC automatically stay the other directions in that order? What steps can and/or should the party take so as to stay that case management order pending the outcome of the appeal?

To what extent does an appeal of disclosure provisions within a directions order made at a CMC automatically stay the other directions in that order?...
16th Apr
Q&As

Is it possible for a court to grant relief to restore a case after the deadline has passed for restoration?

Is it possible for a court to grant relief to restore a case after the deadline has passed for restoration?CPR 3.9 states:'(1) On an application for...
16th Apr
Q&As

Does an order for security for costs operate to stay the proceedings?

Does an order for security for costs operate to stay the proceedings?Security for costsIn litigation, the usual position in relation to costs is that...
16th Apr
Q&As

What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the relevant enclosures with it (as required by the relevant provisions in the CPR) until months after the time limit has expired?

What are the consequences of an appellant lodging their appeal notice in the Court of Appeal by the relevant time limit but failing to file all of the...
16th Apr
Q&As

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide...
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Apr
tag iconCOVID-19
Q&As

If a party is late filing a list of documents, or files a list that is somehow defective, I believe there is no automatic sanction (as could be seen with Witness Statements or Statements of Case). That being the case, and in the absence of any specific court order or application from the other party, will it be necessary to make an application for relief from sanctions?

If a party is late filing a list of documents, or files a list that is somehow defective, I believe there is no automatic sanction (as could be seen...
Produced in partnership with Kayleigh Lindford of Clarke Willmott 16th Apr
Q&As

If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a court order which deals with various case management issues regarding directions questionnaires, lists of issues, disclosure and costs budgets, and the client specifically doesn't want us to carry out the work in order to comply, will there be any come back on the firm for failing to comply with the deadline, or only the client in terms of its defence being struck out/costs sanctions etc?

If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a...
16th Apr
Q&As

How can I enforce an order for pre-action disclosure and costs?

How can I enforce an order for pre-action disclosure and costs?Firstly, it would be prudent to look at the terms of the pre-action disclosure order to...
16th Apr
Q&As

If the court has ordered a joint instruction of an expert, but the other side is disregarding that and going ahead with its own expert only, what are the consequences?

If the court has ordered a joint instruction of an expert, but the other side is disregarding that and going ahead with its own expert only, what are...
16th Apr
Q&As

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3), must the requirement (namely CPR 3.8(3)(a)) and the specified sanction (namely CPR 3.8(3)(b)) be contained within the same document. In other words, can a multi-track party apply for an extension of time under CPR 3.8(3) where the deadline is set out in a court order but the sanction is set out in the CPR?

Can multi-track parties seek to extend time for filing witness statements under CPR 2.11 and/or CPR 3.8(3)? If seeking to extend under CPR 3.8(3),...
16th Apr

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