header-logo header-logo

07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
printer mail-detail

Side by side

A civil claim runs alongside an application for financial remedies and the two cases are to be heard together...

A civil claim runs alongside an application for financial remedies and the two cases are to be heard together. Should the civil claim still be allocated to track? Presumably, statements of case should be filed and served in the civil claim in the same way as if there were no connected proceedings?

The two cases should certainly be tried together and not consolidated. In the civil claim, statements of case should be filed and served in the usual way and allocation will be necessary where a defence is filed (CPR 26.5), unless the civil claim has been issued and is being allowed to continue under CPR Pt 8 in which event it will be deemed allocated to the multi track. Claims under the Trust of Land etc Act 1996 and Sch 1 to the Children Act 1989 are often heard together in this way and where a claim is closely linked to factual issues in the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll