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Practical Civil Court Precedents

EditorsDistrict Judge Stephen Gerlis, Iain Goldrein QC
PublisherSweet & Maxwell
ProductsPractical Civil Court Precedents Looseleaf+CD£263+VAT

Features

Nearly 1,000 precedents for all types of civil court litigation, with expert practice notes on each topic. Precedent documents supplied on CD in Word format.

List of precedents as at Release 51

A: General

A4 Solicitors

A4-001 Application notice by solicitor to cease acting for a party

A4-002 Witness statement in support

A4-003 Draft order

A4-004 Application notice by a party to remove solicitor as acting for another party

A4-005 Witness statement in support

A4-006 Statement of costs-summary assessment

A4-007 Draft order

B: Issuing a Claim

B2 Service of documents

B2-001 Letter accompanying service of document on company or other corporation

B2-002 Letter from solicitor accepting service of Claim Form

B2-003 Certificate of service of Claim Form by solicitor

B2-004 Notice of change of address or other details of solicitor to party

B2-005 Request for service by fax

B2-006 Consent to service by fax

B2-008 Letter seeking clarification prior to service by e-mail

B2-009 Application for service by alternative method of service (1)

B2-010 Draft order for alternative method of service (1)

B2-011 Application for service by alternative method of service (2)

B2-012 Draft order for alternative method of service (2)

B2-013 Application for service by alternative method of service (3)

B2-014 Draft order for alternative method of service (3)

B2-015 Form of advertisement (Form PF130)

B2-016 Form of words under CPR6.19(3)

B2-017 Form of words under CPR 6.19(1)(b)(ii)

B2-018 Form of words under CPR 6.19(1)(b)(iii)

B3 Claim Form, Particulars of Claim, Damages and Interest

B3-001 Details of claimant and defendant in Claim Form

B3-002 Statement of value in Claim Form

B3-003 Application without notice for extension of time to serve Claim Form before expiration of period for service under CPR r. 7.6(2)

B3-004 Draft order for extension of time to serve Claim Form before expiration of period for service under CPR r. 7.6(2)

B3-005 Application without notice for extension of time to serve Claim Form under CPR r. 7.6(3) after expiration of period for service

B3-006 Draft Order for extension of time to serve Claim Form

B3-007 Application without notice for service of Claim Form on agent of overseas principal

B3-008 Draft order for service of Claim Form on agent of overseas principal

B3-009 Notice accompanying service of Claim Form or Particulars of Claim on partner (Form N218) (Not on disk)

B3-010 Notice from defendant requiring claimant to serve the Claim Form

B3-010a Application for dismissal of Claim Form for failure to serve it

B3-010b Draft order for dismissal of Claim Form for failure to serve it

B3-011 General form of Particulars of Claim with Statement of Truth

B3-012 Claim for payment in foreign currency in Particulars of Claim

B3-015 Claim for general damages

B3-016 Claim for special damages

B3-017 Claim for aggravated damages

B3-018 Claim for exemplary damages

B3-019 Claim for contractual interest

B3-020 Claim for prescribed statutory interest

B3-021 Claim for statutory interest on specified amount under section 35A of the Supreme Court Act 1981

B3-022 Claim for statutory interest on unspecified amount under section 35A of the Supreme Court Act 1981

B3-023 Claim for statutory interest on specified amount under section 69 of the County Courts Act 1984

B3-024 Claim for statutory interest on unspecified amount under section 69 of the County Courts Act 1984

B3-025 Letter demanding interest under the Late Payment of Commercial Debts (Interest) Act 1998

B3-026 Refusal by letter to pay interest under the Late Payment of Commercial Debts (Interest) Act 1998

B3-027 Claim for interest under the Late Payment of Commercial Debts (Interest) Act 1998

B3-028 Defence to claim for interest under the Late Payment of Commercial Debts (Interest) Act 1998

B8 Pre action protocols

B8-001 Specimen letter of claim for personal injury claim

B8-002 Specimen non-exhaustive list of documents for personal injury claim

B8-003 Specimen letter of instruction for personal injury claim

B8-004 Request for patient's clinical records for clinical dispute claim

B8-005 Recommended contents of letter of claim for clinical dispute claim

B8-006 Recommended contents of letter of response for clinical dispute claim

B8-007 Specimen letter of claim for judicial review

B8-008 Response to letter of claim for judicial review

B8-009 Annex A Letter requesting occupational records including health records

B8-010 Annex A1 Application on behalf of potential claimant for use where a disease claim is being investigated

B8-011 Annex B Template for Letter of Claim

B8-012 Annex A Early Notification Letter

B8-013 Annex B Letter of Claim

B8-014 Letter of Instruction to Expert

B8-015 Early Notification Letter Flowchart (not on disk)

B8-016 Special Damages Form

B8-017 Statement of Costs (not on disk)

B8-018 Schedule

B8-019 Pre-action letter notifying opponent of Funding Arrangement

C: The Defended Claim

C1 Defence and reply

C1-001 Defence

C1-002 Defence of defendant in a representative capacity or one of several defendants

C1-003 Defence of set-off

C1-004 Defence of set-off as alternative to defence on merits

C1-005 Defence of set-off of a judgment

C1-006 Defence of set-off and counterclaim

C1-007 Defence in personal injuries claim where joint expert report is not obtained, and counter-schedule of loss

C1-008 Defence based on expiration of limitation period

C1-009 Defence of tender before claim

C1-010 Form of statement of truth for defence

C1-011 Reply

C1-012 Reply and defence to counterclaim

C2 Statements of case

C2-001 Preliminary request for further information or clarification by letter

C2-002 Preliminary request for further information or clarification by separate document

C2-003 Response objecting to complying with the request or seeking an extension to respond

C2-004 Response to preliminary request

C2-005 Supplementary response

C2-006 Statement of truth verifying response

C2-007 Application notice for further information or clarification

C2-008 Draft Order

C2-009 Response to request to comply with court order

C2-010 Application to strike out Particulars of Claim

C2-011 Draft order striking out Particulars of Claim

C2-012 Application to strike out part of Particulars of Claim

C2-013 Draft order striking out part of Particulars of Claim

C2-014 Application to strike out Defence

C2-015 Draft order striking out Defence

C2-016 Application to strike out Defence and Counterclaim

C2-017 Witness statement in support

C2-018 Draft order striking out parts of Defence and Counterclaim

C3 Statements of truth

C3-001 Form of the statement of truth verifying a statement of case, a response or notice of objections

C3-002 Form of statement of truth in witness statement

C3-003 Form of statement of truth in a separate document

C3-004 Certificate of witness’s inability to read or sign statement

C4 Counterclaims and other additional claims

C4-001 Defendant’s additional claim against third party

C4-002 Case title for Part 20 claim (2)-defendant as Part 20 claimant against claimant and non-party

C4-003 Case title for Part 20 claim (3)-multiple claims

C4-004 Part 20 claim

C5 Applications for court orders

C5-001 Statement of truth verifying an application

C5-002 Application notice (Queen's Bench Division)

C5-003 Application for relief from sanctions

C5-004 Witness statement in support of application for relief from sanctions

C5-005 Application by defendant to dismiss claim for non-service

C5-006 Application by defendant that the court lacks jurisdiction

C5-007 Application by defendant for stay for referral to arbitration

C5-008 Application for permission to join further parties

C6 Interim remedies

C6-001 Application for interim injunction

C6-002 Application for delivery up of property

C6-003 Application for preservation of property

C6-004 Application for sale of property

C6-005 Application for interim payment (personal injury)

C6-006 Application for freezing injunction

C6-007 Freezing order affidavit

C6-008 Application for search order

C6-009 Search order affidavit

C7 Case management

C7-001 Draft ADR order

C7-002 Statement of issues for ADR conference

C7-003 Simple confidentiality agreement

C7-004 Statement of issue for neutral evaluation

C7-005 Application for re-allocation

C8 The small claims track

C8-001 CPR Small Claims Track Practice Direction, Appendix A

C8-002 CPR Small Claims Track Practice Direction, Appendix B

C8-003 CPR Small Claims Track Practice Direction, Appendix C

C9 The fast track

C9-001 Procedural Judge's Tick-Box Form (Not on disk)

C9-002 Fast Track Standard Directions

C9-003 Example of specific directions on court's own initiative

C9-004 Example of specific directions on application of party (1)

C9-005 Example of specific directions on application of party (2)

C9-006 Examples of variable paragraphs and codes

C9-007 Example of allocation to track directions with codes, including directions for expert evidence

C10 The multi track

C10-001 Procedural Judge's Tick-Box Form (Not on disk)

C10-002 Order for case management directions in the multi-track (Form PF52)

C10-003 Directions to consider ADR

C11 Transfer

C11-001 Application for transfer

C11-002 Application to set aside order for transfer

C12 Disclosure and inspection of documents

C12-001 List of documents: standard disclosure

C12-002 Application challenging claim to withhold inspection or disclosure of a document

C12-003 Application for specific disclosure

C12-004 Order for specific disclosure

C12-005 Application for disclosure before proceedings start

C12-006 Order for disclosure before proceedings start

C12-007 Application for disclosure against non-party

C12-008 Order for disclosure against non-party

C12-009 Application to inspect documents claimed to be privileged

C13 Evidence

C13-001 Witness statement

C13-002 Affidavit

C13-003 Notice to admit facts and to admit or produce documents

C13-004 Hearsay notice

C13-005 Hearsay notice

C14 Depositions and court attendance by witness

C14-001 Witness summons

C14-002 Application for court's permission to serve witness summons less that seven days before trial

C14-003 Application to set aside witness summons

C14-004 Application for person to be examined

C15 Experts and assessors

C15-001 Statement verifying expert's report

C15-002 Fast track standard directions on expert evidence

C16 Offers to settle and payments into court

C16-001 Letter to claimant about making an offer to settle before commencement of proceedings in respect of money claim

C16-002 Claimant’s instructions not to make offer before commencement of proceedings

C16-003 Claimant’s authority to make offer before commencement of proceedings

C16-004 Offer letter by claimant to settle claim before commencement of proceedings

C16-005 Further offer by claimant in money claim withdrawing original offer and making new offer before commencement of proceedings

C16-006 Response by prospective defendant to offer to settle non-money claim before commencement of proceedings

C16-007 Letter to defendant in respect of claimant’s offer to settle money claim before start of proceedings

C16-008 Letter to client who is a prospective defendant before making an offer to settle a money claim

C16-009 Defendant’s instructions not to accept offer before commencement of proceedings

C16-010 Defendant’s authority to make offer before commencement of proceedings

C16-011 Offer letter by defendant to settle money claim before commencement of proceedings

C16-012 Letter to claimant on receipt of offer from defendant before commencement of proceedings in a money claim

C16-013 Claimant’s authority to accept offer to settle before commencement of proceedings

C16-014 Letter to claimant regarding serving a Part 36 offer

C16-015 Part 36 offer by claimant in a money claim taking into account counterclaim made more than 21 days before trial

C16-016 Further Part 36 offer by claimant in money claim amending original offer

C16-017 Part 36 offer by claimant to settle claim against joint defendants made more than 21 days before trial

C16-018 Part 36 offer by claimant to settle claim against one of joint defendants who have several liability made more than 21 days before

C16-019 Part 36 offer by defendant in claim which includes both a money claim and a non-money claim with no counterclaim made more than 21 days before trial (1)

C16-020 Part 36 offer by defendant in a claim which includes both money claim and non-money claim with no counterclaim made more than 21 days before trial (2)

C16-021 Counter-offer by claimant following receipt of a Part 36 offer

C16-022 Part 36 offer by defendant in a non-money claim taking into account counterclaim made more than 21 days before trial

C16-023 Letter to claimant regarding receipt of Part 36 offer on a non-money claim

C16-024 Part 36 offer by claimant in money claim with no counterclaim made less than 21 days before trial

C16-025 Part 36 offer by defendant in claim which includes both a money claim and a non-money claim with no counterclaim made less than 21 days before trial

C16-026 Request by offeree for clarification of Part 36 offer

C16-027 Part 36 offer or payment where the claimant is a child or patient

C16-028 Acceptance of Part 36 offer by claimant or defendant

C16-029 Withdrawal of Part 36 offer by claimant or defendant

C16-030 Notice of change of terms of Part 36 offer by claimant or defendant

C17 Discontinuance

C17-001 Notice of discontinuance

C17-002 Application notice to set aside notice of discontinuance

C17-003 Witness statement in support

C17-004 Draft order

C17-005 Consent of the defendant to discontinuance of claim

C17-006 Application notice for permission to discontinue

C17-007 Witness statement in reply by the defendant

C17-008 Draft order

D: Judgments and Orders

D1 Default judgment

D1-001 Application notice to set aside irregular default judgment

D1-002 Application notice to set aside default judgment where claim form not received by defendant

D1-003 Witness statement in support of application to set aside default judgment where claim form not received by defendant

D1-004 Application notice to set aside default judgment where defendant delayed in filing a defence

D1-005 Witness statement of defendant in support of application to set aside default judgment where defendant is delayed in filing a defence

D1-006 Draft order setting aside irregular default judgment

D1-007 Draft order setting aside regular default judgment

D1-008 Draft order setting aside default judgment subject to conditions

D2 Summary judgment

D2-001 Application notice for permission to apply for summary judgment

D2-002 Witness statement in support of application for permission to apply for summary judgment

D2-003 Draft order giving permission to apply for summary judgment

D2-004 Application notice for summary judgment against a defendant on the whole of a claim

D2-005 Application notice for summary judgment against a defendant on several claims

D2-006 Application notice for summary judgment against a defendant for unspecified amount of money

D2-007 Application notice for summary judgment against a defendant for summary judgment for unspecified amount and interim payment

D2-008 Application notice for summary judgment against a defendant for delivery of goods or damages in lieu

D2-009 Application notice for summary judgment against a claimant

D2-010 Application notice for summary judgment against claimant on counterclaim

D2-011 Witness statement for summary judgment against a defendant on the whole of a claim

D2-012 Witness statement for summary judgment against a defendant for unspecified amount of money

D2-013 Witness statement for summary judgment against a defendant for delivery of goods or damages in lieu

D2-014 Witness statement for summary judgment against a claimant

D2-015 Witness statement for summary judgment on counterclaim against claimant

D2-016 Draft order for summary judgment against a defendant on the whole of a claim

D2-017 Draft order for summary judgment against a defendant on one of several claims

D2-018 Draft order for summary judgment against a defendant for unspecified amount of money

D2-019 Draft order for summary judgment against a defendant for delivery of goods or damages in lieu

D2-020 Draft order dismissing application for summary judgment

D2-021 Draft order for summary judgment for the claimant subject to a stay of execution until a counterclaim is determined

D2-022 Draft order dismissing action

D2-023 Draft order for judgment for the defendant on the counterclaim

D2-024 Witness statement of respondent to an application for summary judgment

D2-025 Witness statement of claimant in reply to a defendant's evidence

D2-026 Draft conditional order on application for summary judgment giving permission to defend on payment of whole claim into court

D2-027 Draft conditional order on application for summary judgment giving permission to defend on payment of part of the claim into court

D2-028 Application notice to set aside summary judgment

D2-029 Witness statement of defendant on application to set aside summary judgment

D2-030 Draft order setting aside summary judgment

D2-031 Draft order setting aside summary judgment

D3 Judgments and Orders

D3-001 Examples of clauses setting out consequences of failure to act

D3-002 Penal notice for non-compliance with a judgment or order

D3-003 Structured settlement order (1)

D3-004 Structured settlement order (2)

D3-005 Agreement to compromise before action (money payment)

D3-006 Agreement to compromise before action (building dispute)

D3-007 Application notice for consent order

D3-008 Example of consent order (dismissal/discontinuance)

D3-009 Example of consent order (withdrawal of part of claim)

D3-010 Example of consent judgment (money payment)

D3-011 Example of consent order (delivery of goods)

D3-012 Example of consent order (possession of rented property)

D3-013 Example of consent order (rectification)

D3-014 Example of consent order (rescission)

D3-015 Example of consent order (set-off)

D3-016 Example of consent order (specific performance)

D3-017 Application notice for Tomlin order

D3-018 Form of Tomlin order (1)

D3-019 Form of Tomlin order (2)

D3-020 Example of Tomlin order (money payment)

D3-021 Example of Tomlin order (personal injury claim)

D3-022 Example of Tomlin order (partnership dispute)

D3-023 Application notice to enforce terms of Tomlin order

D3-024 Order to enforce terms in Tomlin order

E: Costs

E1-001 Statement of costs

E1-002 Bill of costs (detailed assessment): use pre printed form

E1-003 Notice of commencement of assessment of bill of costs: use Form N252 (not on disk)

E1-004 Points of dispute

E1-005 Request for default costs certificate: use Form N254

E1-006 Default costs certificate: use Form N255HC

E1-007 Request for detailed assessment hearing (general form): use Form N258

E1-008 Request for detailed assessment (legal aid/Legal Services Commission only): use Form N258A

E1-008-1 Request for detailed assessment (costs payable out of a fund other than the Community Legal Service Fund): use Form N258B

E1-008-2 Request for detailed assessment hearing pursuant to an order under Part III of the Solicitors Act 1974: use Form N258C

E1-009 Certificate as to interest of assisted person

E1-010 Final costs certificate (CC): use Form N256 (not on disk)

E1-011 Final costs certificate (HC): use Form N256HC (not on disk)

E1-012 Offer to settle without prejudice save as to costs by paying party

E1-013 Offer to settle without prejudice save as to costs by receiving party

E1-014 Notice of appeal: use Form N161

F: Enforcement of Judgment

F1 Enforcement of Judgment

Enforcement of a judgment against a firm

F1-001 Application notice for permission to enforce judgment against a person as a partner

F1-002 Witness statement in support

F1-003 Draft order

Obtaining information from judgment debtors

F1-004 Application for order that debtor attend court for questioning: use Form N316 (not on disk)

F1-005 Application for order that officer of debtor company attend court for questioning: use Form N316A (not on disk)

F1-006 Request that questioning take place before a judge

F1-007 Affidavit of service etc. (order to attend for questioning)

Charging orders

F1-008 Application for charging order over land (Form N379; not on disk)

F1-008A Request for single charging order against joint owners

F1-009 Application for charging order over securities (Form N380; not on disk)

F1-010 Application notice on behalf of judgment creditor for charging order dealing with two judgments:

F1-011 Statement of reasons why charging order should be granted to secure a small debt

F1-012 Explanation of increase in sum due

F1-013 Registration of writ or order affecting land-unregistered land

F1-013A Application for registration of restriction to protect charging order on beneficial interest

F1-014 Statement in opposition to making of final charging order (1)-Debtor a bare trustee

F1-015 Statement in opposition to making of final charging order (2)-Debtor may be insolvent (creditor)

F1-016 Statement in opposition to making of final charging order (3)-Debtor may be insolvent (debtor)

F1-017 Statement in opposition to making of final charging order (4)-instalment order not in arrears

F1-018 Request to transfer hearing to debtor's home court

F1-019 Statement of costs on application for final charging order (Registered Land)

F1-020 Statement of costs on application for final charging order (Unregistered land)

F1-021 Application notice to discharge charging order

F1-022 Witness statement in support of application to discharge charging order

F1-023 Draft order discharging charging order

F1-024 Request to discharge stop notice

F1-025 Witness statement in support of enforcement of charging order by sale

F1-026 Witness statement in support of enforcement of charging order by sale

F1-027 Letter to estate agents for valuation

F1-028 Letter to secured creditors

F1-029 Letter to estate agents with instructions to act on sale

F1-030 Report and valuation

F1-031 Specimen order for sale property solely owned by judgment debtor

F1-032 Specimen order for sale-property owned by judgment debtor and another person

Appointment of a receiver

F1-033 Application for appointment of receiver by way of equitable execution

F1-033A Interim Order for appointment of receiver

F1-034 Order directing hearing of application for appointment of receiver and granting injunction meanwhile

F1-035 Order for appointment of receiver by way of equitable execution

Third party debt orders

F1-036 Application for third party debt order: use Form N349 (not on disk)

F1-037 Witness statement by third party disputing liability

F1-038 Application for hardship order

F1-039 Application in respect of account in National Savings Bank

F1-040 Witness statement in support

Enforcement of judgments in the county court

F1-041 Letter requesting cancellation of entry in the register of county court judgments

F1-042 Request for a postal search of register of county court judgments

F1-043 Letter requesting transfer to another court for enforcement proceedings

F1-044 Letter informing court of change of name of party in enforcement proceedings

F1-045 Letter requesting information about warrant of execution

Attachment of earnings

F1-046 Letter requesting transfer to appropriate Court for purpose of applying for an attachment of earnings order

F1-047 Witness statement verifying the amount due under Magistrates' Court Order

F1-048 Letter asking for service of request for attachment of earnings order on judgment debtor at place of work

F1-049 Letter requesting reconsideration of attachment of earnings order-non matrimonial

F1-050 Letter asking for progress report from the court

F1-051 Table of standard allowances for use in calculating protected earnings

F1-052 Protected earnings calculator

F1-053 Letter from judgment debtor requesting suspension of attachment of earnings order (1)

F1-054 Letter from judgment debtor requesting suspension of attachment of earnings order (2)

F1-055 Reason for requesting reissue of attachment of earnings order

F1-056 Letter from employer to determine whether payment is "earnings"

F1-057 Application to service authorities for deductions from serviceman's pay

Warrant of execution

F1-058 Request for reissue of enforcement: use Form N446 (not on disk)

F1-059 Application notice for permission to issue warrant of execution (1)

F1-060 Witness statement in support (1)

F1-061 Witness statement in support (2)

F1-062 Application notice for permission to issue warrant of execution (2)

F1-063 Witness statement in support

F1-064 Application notice for permission to issue warrant of execution (3)

F1-065 Witness statement in support

F1-066 Draft order for permission to issue warrant of execution

F1-067 Request for warrant of execution: use Form N323 (not on disk)

F1-068 Application to waive warning notice to judgment debtor

F1-069 Application by judgment creditor to suspend warrant of execution

F1-070 Application for suspension of a warrant of execution: use Form N245 (not on disk)

F1-071 Request for reissue of warrant: use Form N445 (not on disk)

Warrant of possession

F1-072 Application notice for warrant of restitution

F1-073 Witness statement in support

Enforcement of Judgment in the High Court: Writ of fieri facias, writ of possession

F1-074 Praecipe for Writ of Fieri Facias

F1-075 Writ of fi. fa.

F1-076 Writ of fi. fa. for costs

F1-077 Writ of fi. fa. after levy of part

F1-078 Writ of fi. fa. against personal representative

F1-079 Certificate for enforcement of judgment in foreign currency

F1-080 Combined certificate of judgment and request for writ of fi. fa. or writ of possession: use Form N293a (not on disk)

F1-081 Application to suspend execution in county court action sent to High Court for enforcement

Stop notices

F1-082 Draft stop notice

F1-083 Written evidence in support of request for stop notice

F2 Interpleader proceedings

F2-001 Notice to enforcement officer of claim to goods seized in execution

F2-002 Notice of claim to goods taken in execution by county court bailiff

F2-003 Notice of claim for rent where goods taken in execution

F2-004 Notice by claimant admitting or disputing claim to goods taken in execution

F2-005 Interpleader application-High Court

F2-006 Witness statement for relief in stakeholder's interpleader

F2-007 Reply by claimant in pending action

F2-008 Reply by claimant otherwise than in pending action

F3 Suing district judges and bailiffs

F3-001 Wrongful execution

F3-002 Excessive execution

F3-004 Request for issue of summons against bailiff

F3-005 Witness statement in support

F3-006 Notice of claim against district judge and execution creditor

F3-007 Notice of claim by execution creditor against district judge

F3-008 Notice of intention to commence replevin action

F3-009 Particulars of claim in replevin action

F3-010 Defence

F4 Enforcement out of England and Wales

F4-001 Application for certified copy of judgment

F4-002 Evidence in support of application for certified copy of judgment

F4-003 Certified copy judgment

F4-004 Certificate of money judgment for enforcement in another part of the United Kingdom

F4-005 Evidence in support of application for certificate of money judgment

F4-006 Certificate of non-money judgment for enforcement in another part of the United Kingdom

F4-007 Evidence in support of application for certificate of non-money judgment

F4-008 Application for EEO Certificate (Judgment by agreement/admission/settlement) (Form N219) (Not on disk)

F4-009 Application for EEO Certificate (Judgment in default of a defence or objection) (Form N219a) (Not on disk)

F4-010 European Enforcement Certificate (Not on disk)

G: Appeals

G1 Appeals

G1-001 Grounds for appeal-error of law

G1-002 Grounds for appeal-wrong exercise of discretion and finding against weight of evidence

G1-003 Grounds for appeal-new evidence

G1-004 Grounds for appeal-procedural irregularity

G1-005 Grounds for appeal-case management decision

G1-006 Grounds for second appeal

G1-007 Grounds for upholding order

G1-008 Respondent's application to set aside permission

G1-009 Application to reopen final determination of an appeal

G1-010 Appellant's checklist

G1-011 Respondent's checklist

H: The Mercantile List

H1 Practice in the Mercantile Court

H1-001 Letter requesting transfer to Mercantile Court

H1-002 Transfer order

H1-003 Stay order

I: Contract

I1 Contract

I1-001 Oral agreement

I1-002 Agreement contained in several documents

I1-003 Agreement by deed

I1-004 Breach of covenant in deed

I1-005 Repudiation of agreement in deed

I1-006 Failure to carry out work

I1-007 Bad work and materials

I1-008 Preventing completion of contract

I1-009 Defence to action for breach of contract

Account

I1-010 Account to be taken

I1-011 Brief details of claim in Claim Form

I1-012 Account stated

I1-013 Reference for enquiry and report

I1-014 Witness statement in support

I1-015 Defence to action based on an account stated

Agency

I1-016 Estate agent's commission-property sold

I1-017 Estate agent's commission-breach of sole agency

I1-018 Estate agent-claim by purchaser for refund of deposit

I1-019 Letting agents-failure to account

I1-020 Defence to claim for estate agent's commission

I1-021 Defence to claim for estate agent's commission as sole agent

Assignment

I1-022 Absolute assignment

I1-023 Example of a notice of assignment

I1-024 Equitable assignment with assignor as co-claimant

I1-025 Equitable assignment with assignor as co-defendant

I1-026 Assignor suing with assignee as co-claimant

I1-027 Defence to action by assignee of debt

I1-028 Defence to action based on absolute assignment

Exchange

I1-029 Contract of exchange

I1-030 Defence to action based on exchange of goods

Money Claims

I1-031 Letter of claim for payment immediately

I1-032 Letter of claim for payment by instalments

I1-033 Work done and materials supplied

I1-034 Work done

I1-035 Work done on quantum meruit

I1-036 Work done by a sales agent as an independent contractor

I1-038 Goods sold and delivered (1)

I1-039 Goods sold and delivered (2)

I1-040 Goods sold and delivered (3)

I1-041 Goods manufactured and sold

I1-042 Money lent (1)

I1-043 Money lent (2)

I1-044 Promissory note payable on demand

I1-045 Promissory note payable after demand

I1-046 Promissory note payable in instalments

I1-047 Promissory note-joint and several liability

I1-048 Guarantor-debt

I1-049 Guarantor-forbearance

I1-050 Guarantor-performance of contract

I1-051 Contribution from joint guarantor

I1-052 Claim by guarantor against primary debtor

I1-053 Indemnity for unpaid debts

I1-054 Dishonoured cheque: action against drawer by payee

I1-055 Dishonoured cheque: action against drawer by indorsee

I1-056 Dishonoured cheque: action against indorser

I1-057 Action against bank/building society for not honouring cheque

I1-058 Claim against bank/building society for wrongly debiting account

I1-059 Money paid due to mistake of fact

I1-060 Money paid-consideration having failed

I1-061 Money had and received to use of claimant

I1-062 Money paid by the claimant for use of defendant

I1-063 Debt due to a deceased's estate at date of death

I1-064 Debt due to a deceased's estate after date of death

I1-065 Debt of deceased

I1-066 Scott Schedule

I1-067 Defence to action for work done and materials supplied

I1-068 Defence and counterclaim for work done on quantum meruit

I1-069 Defence to action for repayment of money lent

I1-070 Defence to action on promissory note

I1-071 Defence-extension of time

I1-072 Defence-denial and/or failure to comply with Statute of Frauds 1677

I1-073 Defence-variation of contract without guarantor's consent

J: Consumer Protection

J1 Sale of goods

J1-001 Goods sold and delivered with contractual interest (1)

J1-002 Goods sold and delivered with statutory interest (2)

J1-003 Goods sold and delivered with statutory interest (3)

J1-004 Goods agreed to be sold (1)

J1-005 Goods agreed to be sold (2)

J1-006 Goods agreed to be sold (3)

J1-007 Goods agreed to be sold (4)

J1-008 Price fixed by valuation

J1-009 Price of goods sold on approval

J1-010 Price of goods on sale or return

J1-011 Damages for failure to accept goods

J1-012 Damages for failure to deliver goods

J1-013 Damages for late delivery

J1-014 Breach of implied condition as to title (1)

J1-015 Breach of implied condition as to title (2)

J1-016 Breach of implied condition of title (3)

J1-017 Breach of implied condition of conformity with description

J1-018 Breach of implied condition of satisfactory quality (1)

J1-019 Breach of implied condition as to satisfactory quality (2)

J1-020 Breach of implied condition of satisfactory quality of goods and implied term about care and skill for supply of services

J1-021 Breach of implied condition as to fitness for purpose (1)

J1-022 Breach of implied condition as to fitness for purpose (2)

J1-023 Breach of implied conditions as to fitness for purpose and satisfactory quality

J1-024 Breach of implied conditions of conformity with description, satisfactory quality and fitness for purpose

J1-025 Breach of implied condition in a sale by contract by sample

J1-026 Breach of implied condition of satisfactory quality of goods and implied term about care and skill for supply of services

J1-026-1 Defence to goods sold and delivered

J1-027 Defence to failure to deliver

J1-028 Defence to late delivery

J1-029 Defence to good title (1)

J1-030 Defence to good title (2)

J1-031 Defence to claim that seller did not have title (3)

J1-032 Denial of express term in contract

J1-033 Denial by seller that goods were sold by description

J1-034 Denial by seller that goods failed to conform with sample

J1-035 Denial that seller sold goods in the course of a business

J1-036 Denial by seller of breach of implied terms of satisfactory quality and reasonable fitness

J1-037 Defence by seller of goods in breach of satisfactory quality that buyer has failed to mitigate his loss

J1-038 Denial of approval or acceptance of goods sold on approval or sale and return

J1-039 Defence and counterclaim of rejection by buyer for breach of implied terms of satisfactory quality and reasonable fitness

J1-040 Notice in respect of unsolicited goods

J3 Holiday law

J3-001 Letter of claim to package tour operator

J3-002 Letter before action to tour operator

J3-003 Letter of response from tour operator's representatives

J3-004 Package holiday of which claimants rely on regulation 4 of Package Travel, Holidays etc. Regulations 1992 in their particulars of claim

J3-005 Defence to claim for compensation under regulation 4 including failing to mitigate loss

J3-006 Particulars of claim for personal injuries

J3-007 Defence under Regulation 15 Package Travel, Holidays etc. Regulations 1992

J3-008 Particulars of claim for compensation for lost suitcase

J3-009 Defence to claim for compensation for lost suitcase

J3-010 Particulars of claim where claim is for damages for disappointment and loss of enjoyment

J3-011 Particulars of claim for return of part of holiday cost on claimant's cancellation

J3-012 Defence to claim for return of holiday price/part thereof under terms and conditions

J3-013 Particulars of claim for compensation for delayed/cancelled flight

K: Personal Injury

K2 Investigation prior to issue of Part 7 or Part 8 court proceedings

K2-001 General format for the letter of claim

Inserts for the letter of claim

K2-002 Insert where the claimant is the driver of one vehicle involved in a collision with another vehicle

K2-003 Insert where the claimant is a pedestrian struck by a vehicle

K2-004 Insert where the claimant is a passenger and holds the driver of the vehicle responsible

K2-005 Insert in a lifting accident

K2-006 Insert where there is an accident involving unguarded machinery

K2-007 Insert where there is a trip or slip at the workplace

K2-008 Insert where there is negligence of fellow employee

K2-009 Insert where there is a failure to provide appropriate protective equipment

K2-010 Insert where there is a claim by a pedestrian against a highway authority

K2-011 Insert where there is a claim by driver of a vehicle against the highway authority

K2-012 Insert where there is a claim against a supplier for foreign bodies in food purchased

K2-013 Insert for a claim against a pharmaceutical company for injury arising from the use of one of its products

K2-014 Insert where there is a claim arising from injuries received from a dog

K2-015 Insert where there is a claim arising from injuries received from a horse

K2-016 Insert where there is an accident at school

K2-017 Insert where there is an accident in a shop

K2-018 Insert where there is an accident in a public playground or on the play equipment in a nursery

K2-019 Insert where there is a claim by a tenant against a landlord for a one-off incident

K2-020 Insert for stress at work claims

K2-021 Insert where there is deafness caused by noise in the workplace

K2-022 Insert where there is a claim by a tenant against a landlord for injuries occurring over a period

Obligation to provide funding information in cases with an additional liability

K2-023 Insert for notification of an additional liability

Defendant response to the protocol-compliance and non-compliance

K2-024 Letter including an admission

K2-025 Letter including a denial of liability

K2-025A Letter acknowledging an admission of breach of duty/primary liability

Non-compliance

K2-026 Part 23 Application Notice for pre-action disclosure - amended

K2-027 Draft order for pre-action disclosure - amended

K2-028 Draft witness statement in support of application for pre-action disclosure - amended

Experts under the protocol

K2-029 Letter nominating experts

K2-029-1 Letter nominating an expert through an agency

K2-030 Letter in response to nomination

Compromise

K2-031 Letter disclosing details of claim and inviting settlement proposals

K3 Special situations requiring CPR Part 8 Proceedings

Approval of settlement for a person under a disability (see CPR Part 21)

K3-001 Draft indorsement on a Part 8 Claim Form

K3-002 Draft order seeking infant approval

K3-003 Certificate of suitability of litigation friend

K3-004 Court Funds Office form 320 - amended

Costs only CPR Part 8 proceedings

K3-005 Part 8 Particulars of claim

Approval of a provisional damage award agreed by the parties prior to CPR Part 7 proceedings

K3-006 CPR Part 8 Particulars of claim for formal order recording a provisional award

K3-007 Clause to be inserted in order to reflece agreement for provisional damages

K4 Issue of proceedings and statements of case

Commencing proceedings

K4-001 General indorsement on a claim form

Statements of case

K4-002 Particulars of claim where the claimant is the driver of one vehicle involved in a collision with another vehicle

K4-002-1 Additional clauses to be inserted into particulars of claim where the MIB is to be joined by the claimant at the outset of the claim

K4-002-2 Particulars of Claim against an insurer pursuant to the Fourth Directive

K4-003 Particulars of claim where the claimant is a „pedestrian run over by a vehicle

K4-004 Particulars of claim where the claimant is a „passenger and holds the driver of the vehicle responsible

K4-005 Particulars of claim in a lifting accident

K4-006 Particulars of claim in an accident involving unguarded machinery

K4-007 Particulars of claim in a tripping or slipping at the workplace

K4-008 Particulars of claim for the negligence of fellow employee

K4-009 Particulars of claim where there is stress at work

K4-010 Particulars of claim caused by noise in the work place

K4-011 Particulars of claim for failure to provide appropriate protective equipment

K4-012 Particulars of claim by a pedestrian against the highway authority

K4-013 Particulars of claim by driver of vehicle against the highway authority

K4-014 Particulars of claim against a producer/supplier for foreign body in food purchased

K4-015 Particulars of claim against a pharmaceutical company for injury arising from the use of one of its products

K4-016 Particulars of claim for injuries received from a dog

K4-017 Particulars of claim for injuries received from a horse

K4-018 Particulars of claim for an accident at school

K4-019 Particulars of claim where there is an accident in a shop

K4-020 Particulars of claim where there is an accident in a public playground or on play equipment at a nursery

K4-021 Particulars of claim by a tenant against a landlord for injuries occurring over a period

K4-023 Clause to insert in particulars of claim when seeking a provisional award

K4-023A Clause to be inserted to deal with periodical payments in a claim including a claim for future pecuniary loss

The defence

K4-024 Defence admitting breach of duty

K4-025 Defence where liability is disputed

K4-025-1 Defence of the MIB where it is named as a defendant to the claim in the claim form and particulars of claim

K4-025-2 Precedent Defence of an insurer against whom a claim is brought pursuant to the Fourth Directive

K4-026 Defence where there is a dispute on the value of the claim

K4-027 Defence to accident at work claim

K4-028 Defence to a claim by pedestrian or driver of a motor vehicle against the highway authority

K4-029 Defence to a claim against a producer/supplier for foreign body in food

K4-030 Defence to a claim for injury received from a dog/horse

K4-031 Defence to a claim for an accident at school

K4-032 Defence to a claim for an accident in a shop

K4-033 Defence to a claim for an accident in a public playground or on play equipment in a nursery

K4-034 Defence to a claim by a tenant against a landlord for injuries occurring over a period

K4-035 Defence to a claim by a tenant against a landlord for injuries occurring in a one-off event

K4-035-1 Clause to be inserted to deal with periodical payments in a claim including a claim for future pecuniary loss

Statements of case after the defence

K4-036 Defence to Part 20 counterclaim

K4-037 Request for further information

K4-038 Response to a request for further information

Funding notification

K4-039 Form N251 Funding Notification Schedule of loss and counter schedule of loss

K4-040 Schedule of loss and damage

K4-041 Counter schedule of loss

K5 After statements of case

Allocation and preliminary court case management

K5-001 Standard directions in small claims track injury cases

K5-002 Standard directions in fast track injury cases

K5-003 Standard directions in multi track injury claims

K5-004 Additional clause in respect of further information

K5-005 Standard directions in an injury claim where judgment entered for damages to be decided when claim is above small claim levels

K5.005A Standard Directions for Disposal - new

Enforcement of case management directions

K5-006 Application for enforcement of directions - amended

K5-007 Precedent order on application to enforce case management directions - amended

K5.007A Precedent order on an application to enforce case management directions where there is already a judgment for damages to be decided - new

Interim payments (CPR Part 25)

K5-008 Precedent application for interim payment - amended

K5.009 Precedent witness statement in support of an application for interim payment - amended

CPR Part 36 payments and offers

K5-011 Precedent claimant's Part 36 offer

K5-012 Precedent defendant's Part 36 offer - amended

K5-013 Application to clarify Part 36 offer - amended

K5-014 Witness statement in support

The conclusion of the claim

K5-015 Draft order

K5-016 Agreed consent judgment

K5-017 Precedent Tomlin order

L: Product Liability

M: Professional Negligence Claims

M1 Professional negligence claims

M1-001 Form N1 Claim Form (not on disk)

M1-002 Particulars of Claim

M1-003 Particulars of Claim — failure to advise

M1-004 Particulars of Claim — failure to obtain mining search

M1-004-1 Defence-Failure to Obtain Mining Search-Causation

M1-005 Particulars of Claim — limitation period

M1-005-1 Defence-Limitation Period

M1-006 Particulars of Claim — failure to draft will appropriately

M1-007 Defence and Part 20 claim alleging Set-off/Negligence

M1-008 Defence-failure to advise

M1-009 Particulars of Claim — Negligence of Architects

M1-010 Particulars of Claim — Failure to Obtain Environmental Search

M1-011 Particulars of Claim — medical negligence

M1-012 Letter of Claim — Failure to advise on inconsistent agreement

M1-013 Letter of Claim — Failure to obtain Index Map Search to verify proprietorship

M1-014 Draft directions for single joint expert evidence

M1-015 Draft directions for separate expert evidence

N: Miscellaneous Torts

N1 Occupier's Liability

N1-001 Letter of claim

N1-002 Response to letter of claim

N1-003 Particulars of claim: claim against a supermarket for injuries caused as a result of slipping on a grape

N1-004 Particulars of claim: claim against householder for injuries caused by ice on step

N1-005 Particulars of claim: claim against public house for injuries caused by falling in an unlit passageway

N1-006 Particulars of claim: claim by employee against employer/contractor for slipping on a wet floor

N1-007 Particulars of claim: claim by tenant against landlord for injuries caused by failing to repair defective light switch

N1-008 Particulars of claim: claim against owner under 1957 and 1984 Occupiers' Liability Act for tripping on stone

N1-009 Particulars of claim: claim by a minor against an occupier of disused premises under the Occupiers' Liability Act 1984

N1-010 Particulars of claim: claim against occupier where warning signs were inadequate also pleading res ipsa loquitur

N1-011 Particulars of claim: claim by employee injured when unloading goods from a lorry

N1-012 Schedule of special damages

N1-013 Defence: supermarket-admitting negligence but not admitting the full extent of damage as claimed

N1-014 Defence: supermarket-pleading sufficient system of inspections, mats and contributory negligence

N1-015 Defence: householder pleading sufficient precautions and contributory negligence

N1-016 Defence: landlord-pleading no notice of the defect

N1-017 Defence: occupier-pleading reasonable precautions taken to keep children out of the premises and contributory negligence

N1-018 Part 20 claim by defendants against contractors engaged to guard premises

N2 Nuisance

N2-001 Private Nuisance—Noise - replaced

N2-002 Private Nuisance—claim against builder for actual physical damage - replaced

N2-003 Private Nuisance—smell - replaced

N2-004 Private nuisance—tree roots - replaced

N2-005 Defence to action for nuisance by noise and vibration - replaced

N2-006 Defence to action for nuisance resulting from encroachment of tree roots - replaced

N3 Road traffic accidents

N3-001 Particulars of claim: Claim for accident caused by overtaking when it was unsafe to do so

N3-002 Particulars of claim: Claim for accident caused by vehicle emerging from a minor road onto a major road

N3-003 Particulars of claim: Claim by passenger against both drivers involved in collision

N3-004 Particulars of claim: Claim caused by driving into a stationary vehicle also pleading res ipsa loquitor

N3-005 Particulars of claim: Claim against uninsured driver and Motor Insurers' Bureau also pleading drink driving conviction

N3-006 Particulars of claim: Claim for accident caused by car pulling out into path of motorcycle

N3-007 Particulars of claim: Claim for accident caused by vehicle cutting across lane at roundabout, pleading Defendant company vicariously liable for driver

N3-008 Particulars of claim: Claim for accident caused by hitting a pedestrian on a zebra crossing

N3-009 Defence: Admitting negligence but not admitting the full extent of damage as claimed

N3-010 Defence: Defendant denying negligence and pleading contributory negligence by the Claimant

N3-011 Defence: Defendant denying negligence and pleading contributory negligence by the Claimant and Counterclaiming for damage to his car

N3-012 Part 20 claim by Defendants against another driving pulling out in front of him causing Defendant to swerve into path of Claimant

N4 Highway accidents

N4-001 Letter to identify highway authority

N4-002 Claim by car driver against highway authority for breach of statutory duty pursuant to section 41 of the Highways Act 1980 and/or negligence

N4-003 Claim by pedestrian against highway authority for breach of statutory duty and/or negligence

N4-004 Claim against highway authority and a third party for breach of statutory duty, negligence or nuisance

N4-005 Claim against independent contractor for collateral negligence

N4-006 Claim against statutory undertaker

N4-007 Protocol specimen letter of claim

N5 Accidents at work

N5-001 Letter of claim

N5-002 Response to letter of claim

N5-003 Particulars of Claim: claim by employee trapping finger in door pleading Workplace (Health, Safety and Welfare) Regulations 1992 and Provision and Use of Work Equipment Regulations 1998

N5-004 Particulars of Claim: claim by employee slipping in pool of water pleading Workplace (Health, Safety and Welfare) Regulations 1992 and Provision and Use of Work Equipment Regulations 1998

N5-005 Particulars of Claim: claim by employee who has injured back lifting crate pleading Manual Handling Regulations 1992

N5-006 Particulars of Claim: claim by employee who has injured hand undoing a bold pleading Manual Handling Regulations 1992, Personal Protective Equipment at Work Regulations 1992 and Employers' Liability (Defective Equipment) Act 1969

N5-007 Particulars of Claim: claim by employee injured by another employee driving a fork-lift truck, pleading breach of the Provision and Use of Work Equipment Regulations 1998 and res ipsa loquitur

N5-008 Particulars of Claim: claim by employee injured by falling debris, pleading breach of the Construction (Health, Safety and Welfare) Regulations 1996 and res ipsa loquitur

N5-009 Particulars of Claim: claim by employee injuring hand in unfenced machinery pleading Provision and Use of Work Equipment Regulations 1998

N5-010 Particulars of Claim: claim by employee suffering from vibration white finger, pleading breach of the Manual Handling Regulations 1992 and Provision and Use of Work Equipment Regulations 1998

N5-011 Particulars of Claim: claim by employee contracting dermatitis pleading breach of the Workplace (Health, Safety and Welfare) Regulations 1992 and Personal Protective Equipment at Work Regulations 1992

N5-012 Particulars of Claim: claim against employer/contractor by employee slipping in pool of water pleading Workplace (Health, Safety and Welfare) Regulations 1992 and Occupier's Liability Act 1957

N5-013 Defence: admitting negligence but not admitting the full extent of damage as claimed

N5-014 Defence: pleading sufficient warnings and contributory negligence

N5-015 Defence: pleading sufficient training and contributory negligence

N5-016 Defence: pleading latent defect

N5-017 Defence: pleading accident due to fault of independent contractor

N5-018 Part 20 claim by Defendant against contractors engaged to clean premises

N6 Fatal Accidents

N6-001 Particulars of claim: brought by widow and executrix of deceased, killed in road traffic accident

N6-002 Particulars of claim: brought by widow and administratrix of deceased who died of asbestosis

N6-003 Particulars of claim: brought by widower and administrator of deceased

N6-004 Particulars of claim: brought by father and administrator of deceased minor

N6-005 Defence: admitting negligence but not admitting loss or dependency

N6-006 Defence: admitting negligence but denying dependency

N6-007 Schedule of Loss

N7 Consumer Protection and Product Liability

N7-001 Particulars of claim: claim against seller by consumer suffering injuries caused by defective ladder

N7-002 Particulars of claim: claim against seller and importer by consumer suffering injuries caused by defective incense burner

N7-003 Particulars of claim: claim against manufacturer by child suffering injuries caused by defective car seat

N7-004 Particulars of claim: claim against seller for failing to disclose identity of the imported or manufacturer of a defective firework

N7-005 Defence: admitting negligence but not admitting the full extent of damage as claimed

N7-006 Defence: denying defect and pleading contributory negligence

N7-007 Defence: product was not defective when supplied

N7-008 Defence: details of manufacturer had been disclosed

N8 Trespass to land

N8-001 Trespass to land

N8-002 Adverse possession and injunction

N8-003 Right of way dispute claiming damages, declaration and injunction

N8-004 Defence-denial and other grounds

N9 Trespass to the person

N9-001 Assault

N9-002 Assault and battery

N9-003 Assault and battery and seeking aggravated damages

N9-004 Defence-denial and other defences to assault and/or battery

N9-005 False imprisonment

N9-006 False imprisonment following false claim

N9-007 False imprisonment by Police

N9-008 Defence-denial and other defences to false imprisonment

N10 Animals

N10-001 Injury caused by dangerous animal

N10-002 Injury caused by dog known to be dangerous under the Animal Act 1971

N10-003 Defence

N10-004 Claim for injury to an animal

O: Insolvency

O1 Insolvency of individual

O1-001 Originating application

O1-002 Ordinary application

O1-003 Debtor's proposal for voluntary arrangement

O1-004 Originating application for interim order-voluntary arrangement

O1-005 Witness statement in support

O1-006 Advertisement of statutory demand

O1-007 Application to set aside a statutory demand

O1-008 Witness statement in support

O1-009 Without notice originating application for extension of time to set aside statutory demand

O1-010 Witness statement in support

O1-011 Witness statement of personal service of statutory demand

O1-012 Witness statement of substituted service of statutory demand

O1-013 Witness statement of verification

O1-014 Witness statement of personal service of bankruptcy petition

O1-015 Application for substituted service of bankruptcy petition

O1-016 1st Witness statement in support

O1-017 2nd Witness statement in support

O1-018 Witness statement of substituted service of bankruptcy petition

O1-019 Notice of intention by a creditor to appear on hearing

O1-020 List of creditors intending to appear on hearing

O1-021 Notice by debtor of intention to oppose bankruptcy petition

O1-022 Certificate of unpaid debt

O1-023 Application for extension of time for hearing

O1-024 Notice to debtor and creditors of extension of time for hearing

O1-025 Notice of application to dismiss or withdraw bankruptcy petition

O1-026 Witness statement in support

O1-027 Notice of application to annul bankruptcy order

O1-028 Witness statement in support

O2 Insolvency of companies

O2-001 Statutory demand: use pre-printed form

O2-002 Winding up petition: use pre-printed form

O2-003 Grounds on which a winding up order is sought

O2-004 Witness statement verifying the winding up petition

O2-005 Master's summons to stay High Court action after presentation of a winding up petition

O2-006 Witness statement in support

O2-007 Notice of application to stay county court action after presentation of winding up petition

O2-008 Witness statement in support

O2-009 Witness statement of service of winding up petition (registered office)

O2-010 Witness statement of service of winding up petition (other than at registered office or on an overseas company)

O2-011 Notice of application for substituted service of petition

O2-012 Witness statement in support

O2-013 Advertisement of winding up petition

O2-014 Notice of application to restrain advertisement of petition

O2-015 Witness statement in support

O2-016 Notice of application to appoint provisional liquidator

O2-017 Witness statement in support

O2-018 Consent to act as provisional liquidator

O2-019 Certificate of compliance

O2-020 Witness statement in opposition by company

O2-021 Without notice application to withdraw petition

O2-022 Notice of intention to appear on hearing of petition

O2-023 List of appearances

O2-024 Notice of application for substitution of petitioner

O2-025 Notice of application for consent to disposition of company's property

O2-026 Witness statement in support

O2-027 Notice of application of rescission of winding up order

O2-028 Witness statement in support

O2-029 Petition by contributory

O2-030 Petition for administration order

O2-031 Witness statement in support

O2-032 Consent of proposed administrator

O2-033 Witness statement of service of petition for administration order

O2-034 Appellant's Notice (Form PDIP1, not on disk)

O2-035 Respondent's Notice (Form PDIP2, not on disk)

O3 The impact of the EC Regulation on Insolvency Proceedings

O3-001 Administration order

O3-002 Order of appointment of provisional liquidator

O3-003 Proof of debt-general form

O3-004 Order for winding up by the court

O3-005 Order for winding up by the court following discharge of administration order

O3-006 Order of appointment of interim receiver

P: Family

P1 Divorce

P1-001 Divorce petition-wife

P1-002 Divorce petition-husband

P1-003 Adultery

P1-004 Unreasonable behaviour

P1-005 Desertion

P1-006 Two years' separation and consent

P1-007 Five years' separation

P1-008 Affidavit to omit petitioner's address

P1-009 Certificate of reconciliation

P1-010 Statement of arrangements for children: use Form M4

P1-011 Withdrawal of consent

P1-012 Application by consent to amend petition

P1-014 Affidavit for leave to amend petition

P1-015 Notice of application re supplemental petition

P1-016 Affidavit re supplemental petition

P1-017 Supplemental petition

P1-018 Notice of application to file second or further petition

P1-019 Notice of discontinuance of petition before service

P1-020 Application for dismissal of petition

P1-021 Notice of application for dismissal of petition

P1-022 Affidavit in support

P1-023 Notice of application for trial of issue

P1-024 Notice of application for leave to file answer out of time

P1-025 Affidavit in support

P1-026 Answer-dismissal of petition

P1-027 Answer and cross petition

P1-028 Reply

P1-029 Rejoinder

P1-030 Notice of abatement

P1-031 Application to stay prayer in petition

P1-032 Application for cross decrees

P1-033 Application to strike out answer

P1-034 Notice re determination of place of trial

P1-035 Request for directions for trial-defended cause

P1-036 Notice of application to rescind decree nisi

P1-037 Affidavit in support to rescind decree nisi

P1-038 Notice of application to expedite decree absolute

P1-039 Affidavit in support

P1-040 Consent application re rights of occupation under Matrimonial Homes Act 1983

P1-041 Notice to apply for decree absolute

P1-042 Application to make decree absolute after 12 months

P1-043 Notice of application for decree absolute by respondent

P1-044 Affidavit in support

P1-045 Petition for dissolution of civil partnership: use form D508

P1-046 Affidavit in support of directions for trial (civil partnerships): use form D580G

P2 Financial applications

P2-001 Witness statement in support of application for maintenance pending suit

P2-002 Witness statement in reply to application for maintenance pending suit

P2-006 Notice of Request for Periodical Payments Order at same rate as Order for Maintenance Pending Suit: use Form I

P2-008 Notice of an application under rule 2.45: use Form B

P2-011 Interest and costs claims

P2-012 Pension-sharing order: use Form P1

P2-013 Earmarking: use Form P2

P2-016 Notice of [intention to proceed with] an application for ancillary relief: use Form A

P2-017 Receipt of notification of application for ancillary relief-FPR 1991, r. 2.70

P2-018 Financial statement: use Form E

P2-019 Notice of allegation and proceedings for ancillary relief: use Form F

P2-022 Questionnaire pursuant to FP Rules 1991

P2-022/1 Pension Inquiry Form: use Form P

P2-023 Notice of application for inspection appointment

P2-024 Witness statement in support

P2-025 Ancillary relief costs estimate (for cases issued before April 3, 2006): use old Form H

P2-025/1 Estimate of Costs: use Form H

P2-025/2 Statement of Costs: use Form H1

P2-026 Certificate for postponement of enforcement of statutory charge

P2-027 Skeleton of minutes of order by consent

P2-028 Examples of minutes of order by consent (1)

P2-029 Examples of minutes of order by consent (2)

P2-030 Statement of information for a consent order (1): use old form D81

P2-030/1 Statement of information for a consent order (2): use form D81

P2-031 Statement of information for a consent order (3)

P2-032 Draft legal charge annexed to consent order

P2-033 Rule 2.69(1) offer

P2-037 Witness statement in support of application for variation or discharge

P2-038 Minutes of consent order for maintenance pending suit/interim maintenance

P2-039 Clause for term maintenance

P2-040 Clause for nominal periodical payment to be included to avoid a clean break

P2-041 Minutes of consent order for clean break where division of property is already complete

P2-042 Basic clean break clause including provisions as to Inheritance (Provision for Family and Dependants) Act 1975

P2-043 Short form clauses for deferred charge order

P2-044 Basic form of deferred charge order with provision for early redemption and substitution of property

P2-045 Deferred trust on Mesher/Martin terms with provision for removal to substitute property

P2-046 Letter of request for without-notice appointment

P2-047 Witness statement in support of without-notice injunction order under MC Act 1973, s. 37(2)(a)

P2-048 Example of without-notice orders for assets injunction

P2-049 Examples of application for assets injunction order under MC Act 1973, s. 37(2)

P2-050 Example of assets injunction order under MC Act 1973, s. 37(2)

P3 Domestic violence and matrimonial home

P3-001 Application for a non-molestation order or occupation order: use form FL401

P3-002 Notice of proceedings

P3-003 Notice to mortgagees and landlords

P3-004 Statement of service

P3-005 Family Law Act 1996, Pt IV checklist

P3-006 Application for a warrant of arrest

P3-007 Affidavit in support of application for non-molestation or occupation order

P4 Nullity

P4-001 Originating application for leave to present nullity petition

P4-002 Affidavit in support

P4-003 Nullity petition

P4-004 Nullity and alternative divorce petition

P4-005 Answer-void marriage

P4-006 Answer-voidable marriage (non-consummation)

P4-007 Answer-voidable marriage (other than non-consummation)

P4-008 Notice of application for medical examination

P5 Judicial separation

P5-001 Judicial separation petition-wife

P5-002 Judicial separation petition-husband

P6 Children

P6-001 Parental responsibility agreement for parents: use form C(PRA1)

P6-001/1 Parental responsibility agreement for step-parents: use form C(PRA2)

P6-002 Example of reason for applying for termination of parental responsibility agreement

P6-003 Examples of reasons for applications

P6-004 Directions

P6-005 Witness statement

P7 Public Child Law

P7-001 Standard Directions Form: use form PLP4 (not on disk)

P7-002 Case Management Questionnaire: use form PLP1 (not on disk)

P7-003 Case Management Checklist: use form PLP5 (not on disk)

P7-004 Witness Non-Availability Form: use form PLP2 (not on disk)

P7-005 Pre-Hearing Review Checklist: use form PLP6 (not on disk)

Q: Trusts and Estates

Q1 Inheritance claims

Q1-001 Application for standing search

Q1-002 Part 8 claim form for financial provisions

Q1-003 Part 8 claim form by surviving spouse for financial provision

Q1-004 Witness statement of surviving spouse in support of application for financial provision

Q1-005 Part 8 claim form for inheritance claim by child of the deceased

Q1-006 Witness statement of a litigation friend of a child in support of application for financial provision

Q1-007 Part 8 claim form for inheritance claim by dependent other than a spouse or child to an application for financial provision and seeking permission to make the application out of time

Q1-008 Witness statement of a dependent other than a spouse or child in support of application for financial provision and seeking permission to make the application out of time

Q1-009 Witness statement of defendant in answer to application for financial provision

Q1-010 Example of directions order (1)

Q1-011 Example of directions order (2)

Q1-012 Example of directions order (3)

Q1-013 Application for donee of an inter vivos disposition to provide for the claimant

Q1-014 Witness statement in support

Q1-015 Application for interim payment

Q1-016 Witness statement in support

Q1-017 Application for variation of interim periodical payments order

Q1-018 Witness statement in support

Q1-019 Application notice by defendants for discharge of interim periodical payments order

Q1-020 Witness statement in support

R: Land

R2 Mortgage Actions

R2-001 Suggested approach for a borrower to a hearing

R3 Landlord and tenant

R3-001 Part 8 claim form to exclude security of tenure of business premises

R3-002 Draft order

R3-003 Tenant's request for new tenancy of business premises

R3-004 Tenant's counter-notice by letter

R3-005 Originating application for new tenancy by tenant

R3-006 Answer by landlord

R3-007 Application for stay by letter

R3-008 Order for stay

R3-009 Answer by landlord raising preliminary issue

R3-010 Letter requesting a stay of proceedings

R3-011 Order for stay pending negotiation of terms of a new lease

R3-012 Case summary letter to accompany suggested directions where the Landlord opposes the grant of a new tenancy

R3-013 Directions when the Landlord objects to the renewal of the lease

R3-014 Case summary letter to accompany suggested directions where the Landlord does not oppose the grant of a new tenancy

R3-015 Directions when the Landlord does not object to the renewal of the lease

R3-016 Particulars of Claim — compensation

Boundary disputes

R5-001First Letter to Client

R5-002 Suggested text of ADR recommendation in a letter to the client

Product details

Purchase

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