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Lamb Chambers

Experts

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David Willink
David Willink
Lamb Chambers
Graeme Kirk
Graeme Kirk
Lamb Chambers
Hannah Laithwaite
Hannah Laithwaite
Lamb Chambers
James Tunley
James Tunley
Lamb Chambers
Rahul Varma
Rahul Varma
Lamb Chambers
Richard Colbey
Richard Colbey
Lamb Chambers
Simon Brilliant
Simon Brilliant , Barrister & Part-time Deputy Adjudicator to HM Land Registry
Lamb Chambers
Tim Sampson
Dr Tim Sampson
Barrister
Lamb Chambers
Contributions by Lamb Chambers Experts

116

Small claims track (SCT)—costs recovery
Small claims track (SCT)—costs recovery
Practice notes

This Practice Note considers costs in the small claims track (SCT), a track that is dealt with in Part 27 of the CPR. It examines the costs provisions in CPR 27.14(2) and offers assistance on how they have been interpreted by the courts. The Practice Note also covers exceptional circumstances where a successful claimant is able to claim a contractual entitlement to costs.

Surveillance evidence in personal injury claims
Surveillance evidence in personal injury claims
Practice notes

This Practice Note deals with the issues that commonly arise when surveillance evidence is obtained in a case. The legal status of the video footage is considered together with the practical implications for both claimants and defendants.

Is a contract enforceable if it has been signed but not dated?
Is a contract enforceable if it has been signed but not dated?
Q&As

Is a settlement agreement legally binding as a contract if there is no consideration in the agreement?
Is a settlement agreement legally binding as a contract if there is no consideration in the agreement?
Q&As

Is an interim charging order an 'enforcement action'?
Is an interim charging order an 'enforcement action'?
Q&As

Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?
Is it acceptable for a draft order in family proceedings, that is to be made by consent, to be electronically signed by the parties?
Q&As

Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b) states that the court may order a person to be added as a new party, but would this addition have to be in the capacity of claimant/defendant, or could it be in the capacity of an interested party who wants to remain neutral in the proceedings but is still interested in the outcome?
Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b) states that the court may order a person to be added as a new party, but would this addition have to be in the capacity of claimant/defendant, or could it be in the capacity of an interested party who wants to remain neutral in the proceedings but is still interested in the outcome?
Q&As

Is it possible to issue a Part 7 Claim Form against a housing co-operative which is registered under the Co-operative and Community Benefit Societies Act 2014?
Is it possible to issue a Part 7 Claim Form against a housing co-operative which is registered under the Co-operative and Community Benefit Societies Act 2014?
Q&As

Is it possible to rely at trial on a witness statement that has been filed/exchanged but the witness has since died? If so, what procedural steps are required and how will the court treat such evidence?
Is it possible to rely at trial on a witness statement that has been filed/exchanged but the witness has since died? If so, what procedural steps are required and how will the court treat such evidence?
Q&As

Is postal service acceptable when serving an interim charging order on the debtor?
Is postal service acceptable when serving an interim charging order on the debtor?
Q&As

Is the provisional assessment limit of £75,000 under CPR 47.15 inclusive or exclusive of VAT?
Is the provisional assessment limit of £75,000 under CPR 47.15 inclusive or exclusive of VAT?
Q&As

Is there a prescribed form of words in order for a transaction to be treated as a takeover offer for the purposes of the statutory squeeze-out provisions?
Is there a prescribed form of words in order for a transaction to be treated as a takeover offer for the purposes of the statutory squeeze-out provisions?
Q&As

Is there a time limit for when a European Enforcement Order needs to be served on a debtor?
Is there a time limit for when a European Enforcement Order needs to be served on a debtor?
Q&As

Is there any guidance on what ‘non-residential agricultural buildings with low energy demand’ are for the purposes of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962?
Is there any guidance on what ‘non-residential agricultural buildings with low energy demand’ are for the purposes of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962?
Q&As

Judgment has been obtained in England against a company registered in Gibraltar, and an address for service was provided for the defendant in England. It is believed that there may be assets belonging to the defendant at the address for service in England. Can the claimant enforce at the address for service in England in the usual way?
Judgment has been obtained in England against a company registered in Gibraltar, and an address for service was provided for the defendant in England. It is believed that there may be assets belonging to the defendant at the address for service in England. Can the claimant enforce at the address for service in England in the usual way?
Q&As

On what grounds can a landlord evict a tenant from a property and change the locks without a possession order? The tenant can surrender the keys but what other grounds can the landlord rely on, and on what grounds can a landlord commence possession proceedings against a tenant?
On what grounds can a landlord evict a tenant from a property and change the locks without a possession order? The tenant can surrender the keys but what other grounds can the landlord rely on, and on what grounds can a landlord commence possession proceedings against a tenant?
Q&As

Paragraph 8.4 of the Pre-Action Protocol for Professional Negligence states ‘the parties should supply promptly, at this stage and throughout, whatever relevant information or documentation is reasonably requested’. What is considered ‘reasonable’ in this context? Is there any relevant case law on this provision?
Paragraph 8.4 of the Pre-Action Protocol for Professional Negligence states ‘the parties should supply promptly, at this stage and throughout, whatever relevant information or documentation is reasonably requested’. What is considered ‘reasonable’ in this context? Is there any relevant case law on this provision?
Q&As

The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?
The limitation period for our client’s claim is due to expire shortly but I am concerned that it might not be possible to engage with the other side and/or issue the claim due to potential coronavirus (COVID-19) related issues (for example, relevant individuals being unwell or the court not operating as usual). How can we ensure that our client’s claim is preserved in these circumstances?
Q&As

There is no definition for personal service in CPR 6.22 for serving documents other than a claim form. I need to serve an N244 application personally. How can it be served?
There is no definition for personal service in CPR 6.22 for serving documents other than a claim form. I need to serve an N244 application personally. How can it be served?
Q&As

To effect service of a document by leaving it at the permitted address in accordance with CPR 6.26(3) must the address be open for business despite it not being a bank holiday or weekend?
To effect service of a document by leaving it at the permitted address in accordance with CPR 6.26(3) must the address be open for business despite it not being a bank holiday or weekend?
Q&As

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