Notice of Intention to Proceed in UK Law

Leading Cases
  • Birkett v James
    • House of Lords
    • 25 May 1977

    They are decisions which involve balancing against one another a variety of relevant considerations upon which opinions of individual judges may reasonably differ as to their relative weight in a particular case. Where leave is granted, an appellate court ought not to substitute its own "discretion" for that of the judge merely because its members would themselves have regarded the balance as tipped against the way in which he had decided the matter.

    To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.

    In the meantime the plaintiff had run short of money owing to the defendant depriving him of his employment and forcing one of the companies whose overdraft the plaintiff had guaranteed to go into liquidation. The plaintiff could not find this money and accordingly applied for legal aid; this was refused on the 23rd December 1973, but the plaintiff succeeded in getting that decision reversed in December 1974.

  • County & District Properties Ltd v Lyell (Note)
    • Court of Appeal (Civil Division)
    • 12 July 1977

    On the 18th June 1976 the Plaintiffs gave the Defendant notice of intention to proceed. On the 30th June the Defendant's Solicitors thanked them for their letter "which we accept as notice of intention to proceed". "We shall have to consider", they wrote, "the Defendant's position and possibly take Counsel's advice before we comment on the questions you raise".

    But, as I read the authorities, including what the Master of the Rolls said in Cresswell's case, on balance they state the law to be as submitted, not by Mr. Slot, but by Mr Phillips. I hesitate to use the word "waiver", as I think did Lord Justice Sachs in Spriggs' case.

  • Josselyne Cohen v Kingsley Napley
    • Queen's Bench Division
    • 12 May 2005

    It would be wrong to assess the value of the claim by reference to what, with hindsight, can be seen to be a wrong view of the law. It would also be wrong to investigate what KNM might have done as a matter of fact, because that was influenced by the prevailing view of the law. In any event, a claim should not be valued on the footing that a defendant might mistakenly think it had a value when as a matter of law it did not.

  • Forster v Outred & Company
    • Court of Appeal (Civil Division)
    • 11 March 1981

    Mr. Stuart-Smith says that it is any detriment, liability or loss capable of assessment in money terms and it includes liabilities which may arise on a contingency, particularly a contingency over which the plaintiff has no control; things like loss of earning capacity, loss of a chance or bargain, loss of profit, losses incurred from onerous provisions or covenants in leases. They are all illustrations of a kind of loss which is meant by "actual" damage.

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Legislation
  • Town and Country Planning Act 1959
    • UK Non-devolved
    • January 01, 1959
    ... ... an interest in land in pursuance of a notice to treat served after ... the twenty-ninth day of ... powers intend to proceed with the compulsory acquisition of an ... intention to proceed’) stating that fact, and if, at the ... ...
  • Family Proceedings Rules 1991
    • UK Non-devolved
    • January 01, 1991
    ... ... “notice of intention to defend” has the meaning ... any child or alleged child of the family, proceed as if the issue were a question referred to a ... ...
  • The Family Proceedings Fees (Amendment) Order 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... 4.1 On an application for a warning notice to be attached to a contact order ...  1014 ... (a) a notice of intention to proceed with an application for a financial ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... to in regulation 75(1) or a contest notice;“candidate” means an economic operator that ... procurement shall not be made with the intention of excluding it from the scope of this Part ... the contracting authority intends to proceed in a way which is not in conformity with the ... ...
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Books & Journal Articles
  • DIVORCE AND THE RECOURSE TO LEGAL AID
    • No. 43-6, November 1980
    • The Modern Law Review
    ... ... result of the legislators’ intention that the Divorce Reform Act should be ... the petition and El0 on entering a notice of intention to proceed with an ... ...
  • NOTES OF CASES
    • No. 32-6, November 1969
    • The Modern Law Review
    ... ... , if successful, be permitted to proceed on the Honours Course.’’ “4 (0 ... One was contained in a notice displayed at a reception desk. Customers ... the person making it had no intention to carry it out: Edgington V. Fitzmaurice ... ...
  • Court of Appeal in Northern Ireland
    • No. 48-2, May 1984
    • Journal of Criminal Law, The
    • 0000
    ... ... criminal injury; that he had not given notice ofintention to claim compensation and had not ... to giveinformation, to give notice of intention to claim or to proceed withhis claim within the ... ...
  • Collective Enfranchisement under the Leasehold Reform (Housing and Urban Development) Act 1993
    • Contents
    • Leasehold Enfranchisement Law & Practice
    • Piers Harrison/David Lonsdale
    • 95-138
    ... ... information is required to serve initial notice (this may necessitate service of an ... is used) then, unless the contrary intention appears, the service is deemed to be effected by ... claim on redevelopment grounds will not proceed until any order of the court under section 21 ... ...
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Law Firm Commentaries
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Forms
  • Notice of [intention to proceed with] an application for a financial remedy in the magistrates' court
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
  • SA)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... Sealed Appellant’s Notice and grounds of appeal    ...   Skeleton ... 10. Claim Form (Notice of [intention to proceed with] an ...       ... ...
  • FA)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... Sealed Appellant’s Notice and grounds of appeal    ...   Skeleton ...   Claim Form (Notice of [intention to proceed with] an ...       ... ...
  • Form A
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ...Notice of [intention to proceed ... with] a financial ... ...
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