Rules of Court in UK Law
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Evans v Bartlam
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One is that where the judgment was obtained regularly there must be an affidavit of merits, meaning that the applicant must produce to the Court evidence that he has a prima facie defence. The principle obviously is that unless and until the Court has pronounced a judgment upon the merits or by consent, it is to have the power to revoke the expression of its coercive power where that has only been obtained by a failure to follow any of the rules of procedure.
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Aiden Shipping Company Ltd v Interbulk Ltd (Vimeira)
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Barton v Wright Hassall LLP
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Their lack of representation will often justify making allowances in making case management decisions and in conducting hearings. But it will not usually justify applying to litigants in person a lower standard of compliance with rules or orders of the court. The overriding objective requires the courts so far as practicable to enforce compliance with the rules: CPR rule 1.1(1)(f). The rules do not in any relevant respect distinguish between represented and unrepresented parties.
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Attorney General of Trinidad and Tobago v Matthews
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There is no rule which states that, if the defendant fails to file a defence within the period specified by the CPR, no defence may be filed unless the court permits. At most, it can be said that, if the defendant fails to file a defence within the prescribed period and does not apply for an extension of time, he is at risk of a request by the claimant that judgment in default should be entered in his favour.
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Allen v Sir Alfred McAlpine & Sons Ltd
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But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.
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AEI Rediffusion Music Ltd v Phonographic Performance Ltd
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In doing this the new Rules are reflecting a change of practice which has already started. It is now clear that a too robust application of the "follow the event principle" encourages litigants to increase the costs of litigation, since it discourages litigants from being selective as to the points they take. If you recover all your costs as long as you win, you are encouraged to leave no stone unturned in your effort to do so.
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Birkett v James
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The additional prejudice need not be great compared with that which may have been already caused by the time elapsed before the writ was issued; but it must be more than minimal; and the delay in taking a step in the action if it is to qualify as inordinate as well as prejudicial must exceed the period allowed by rules of court for taking that step.
- Act of Sederunt (Rules of Court, consolidation and amendment) 1965
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Serious Crime Act 2015
... ... (1) Where it appears to a court making a confiscation order that- ... (a) there is property held by the ... Special rules for providers of information society services ... 4(1) Paragraph 2 ... ...
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Domestic Abuse Act 2021
... ... the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal ... Annotations: Commencement Information # I18 S. 7 in ... such notice of the proceedings as would otherwise be required by rules of court ... (2) Subsection (1) does not apply in relation to the making ... ...
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Modern Slavery Act 2015
... ... (1) The court may make a slavery and trafficking reparation order against a person ... ' court is to be taken as referring to a youth court (subject to any rules of court made under section 32) ... (7) Where an immigration ... ...
- Survey of Instances of Non-Compliance with Interim Measures Adopted under Rule 39 of the Rules of Court
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Recommended Best Practices
Appellate jurisdiction General recommendations Judicial appointments Library and research facilities Amicus curiae Translation and interpretation services Adequate security Specific recommendations...... ... able to create a list of potential amicus curiae (advisers to the court) ... @@@Translation and interpretation services ... Where ... , Namibia, as is provided for in the Protocol establishing the Rules of Procedure ... * The COMESA Court of Justice, where there is a ... ...
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Interim Measures in the Case Law of the European Court of Human Rights
Under its Rules of Court, the European Court of Human Rights has the power to issue interim measures. Case law shows that an interim measure is generally directed towards the respondent State but i......INTERIM MEASURES IN THE CASE LAW OF THEEUROPEAN COURT OF HUMAN RIGHTS*YVES HAECK** and CLARA BURBANO HERRERA***AbstractUnder its Rules of Court, the European Court of Human Rights has the power to issueinterim measures. Case law shows that an interim measure is generally ... ...
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Rules of Law from Westport to Wladiwostok. Separate Opinions in the European Court of Human Rights
Whereas lawyers usually pay only attention to the added value of majority judgments in courts, we have taken an interest in the separate opinions of the European Court of Human Rights (the Court). ...
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London Court Of International Arbitration – New Rules Take Effect
As of 1 October 2014, the London Court of International Arbitration’s (LCIA) new rules (the LCIA Arbitration Rules 2014) take effect bringing about wholesale changes to the powers of LCIA arbitrato...
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English Court of Appeal clarifies the rules regarding non-party access to documents filed with the court
The English court rules have long allowed a non-party to litigation to access and obtain copies of certain key documents in court proceedings, such as statements of case (including the claim form, ...
- Supreme Court Changes The Rules
- Court Rules AI Breaks Equality Laws
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Warrant of committal (contempt in face of court) (rules 81.16 and 81.30)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Notice of Court's proposal to make an order of its own initiative (rules 3.3(2) and 3.3(3))
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
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Pension Attachment Annex Under [section 25B or 25C of the Matrimonial Causes Act 1973] [paragraph 25 or 26 of Schedule 5 to the Civil Partnership Act 2004]
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Civil Partnership Act 2004] ... In the Family Court sitting at ... *[Principal Registry of the Family Division] ... (Always ... required by virtue of rules of court: ... Name of the party with the pension rights: ... Name of the ... ...
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Pension Protection Fund (PPF) - Attachment Annex to a Pension Compensation Attachment Order [section 25F of the Matrimonial Causes Act 1973] [paragraph 34A of Schedule 5 to the Civil Partnership Act 2004]
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... Schedule 5 to the Civil ... Partnership Act 2004] ... In the Family Court sitting at ... *[Principal Registry of the Family Division] ... (Always ... provides the PPF Board with the information required by virtue of rules of court: ... Name of the party who has the PPF ... compensation ... ...