Sentences with phrase «practice direction 12j»

The most significant technical element of the judgment is the abandonment of the triviality test and its replacement with a test of «seriousness or significance» of the failure to comply with any rule, practice direction or court order.

The Practice Direction does not relieve the requirement to file documents in paper format as... [more]

Government proposals to replace the current Practice Direction on Protocols with one written in «clearer language» have been criticised by the London Solicitors Litigation Association (LSLA) which sees no benefit in the change.

The judge also noted that Practice Direction 15B, para 1.3, stated that if, during the course of proceedings, «there is reason to believe that a party may lack capacity to conduct the proceedings, then the court must be notified and directions sought to ensure that this issue is investigated without delay».

Practice Direction 15B makes clear that if that is a concern at any time during the proceedings the court must be notified and directions sought to ensure that the issue is investigated.

Practice Direction 30A would only apply where there was no challenge to the validity of an agreement itself, for example where there was a Barder type challenge.

Last week, the Canadian Judicial Council released its National Model Practice Direction for the Use of Technology in Civil Litigation:

«The Practice Direction is accompanied by a Generic Protocol which can be adapted as a checklist and form of agreement between parties to establish a meaningful and simplified exchange of evidence.

«The Practice Direction provides much - needed guidance to trial judges and lawyers with respect to the best practices for exchanging productions in electronic form, as well as handling paperless trials.

The first opportunity for feedback from the pilot schemes arises in October 2007 and the outline is expected to roll out across the country from spring next year via a new Practice Direction from the president of the Family Division.

It would make sense for Practice Direction 3E to provide more clarity and / or for the statement of truth to be amended.

David Greene, president of the LSLA and partner at Edwin Coe LLP, says: «The LSLA believes that there is already in existence a Practice Direction that sets out preaction behaviour which is suitable and fit for all those types of proceedings that are not already covered by a preaction protocol.»

Although signed on October 3, 2012, it is still not listed on the Practice Direction website.

Given that the judges want electronic documents (see, for example the Court of Appeal Practice Direction Concerning Civil Appeals in the Court of Appeal, at s. 10.7 «Use of Technology»), I agree there really should be an easier way to do this.

A recent Ontario Reports paper part contained a new Superior Court of Justice Practice Direction — correction — contained a summary of the Practice Direction, and advised readers to consult http://www.ontariocourts.on.ca for further details.

«Where there has been an error of procedure such as a failure to comply with a rule or practice direction --(a) the error does not invalidate any step taken in the proceedings unless the court so orders; and (b) the court may make an order to remedy the error.»

Sir John Thomas, speaking at a press conference last week, said a Practice Direction on the subject is currently being drawn up and will go out for consultation «in the very near future».

Offers and payments into court made before 6 April 2007 are covered by this rule and the guidance in the Practice Direction.

This Practice Direction governs applications to enforce contact orders made in the magistrates» courts, and is intended to ensure they are considered by family proceedings courts.

Rule 7 of the Civil Procedure (Amendment No 3) Rules 2006 deals with the transitional arrangements between the old and the new regimes and this is supplemented by Practice Direction 14B.

The Practice Direction (supra) in para 7, provides that if parties can not achieve consensus they must inform all parties in writing with reasons within 10 business days or not less than five of an Interim Report Hearing.

PRACTICE DIRECTION — FILING ELECTRONIC VERSIONS OF DOCUMENTS IN CIVIL APPEALS AND JUDICIAL REVIEW APPLICATIONS IN THE DIVISIONAL COURT Effective: November 2, 2012 Preamble This Practice Direction sets out the procedures to be followed by parties filing electronic versions of documents in civil appeals, including appeals from administrative tribunals, and judicial review applications in the Divisional Court.

The Divisional Court may reject any electronic version of a factum or transcript that does not conform to the procedures set out in this Practice Direction.

It deals with its statutory base, the relevant rules in the CPR as well as of course the practice direction.

In September 2012, the Practice Direction was approved by Chief Justice Smith, on the advice of Regional Senior Judges» Council.

This problem has now been remedied by The Practice Direction: Experts in Family Proceedings Relating to Children para 1.7, which states such preliminary enquiries will not require such permission.

This is also the date on which the Practice Direction will become effective.

Solicitors and other non-barrister advocates authorised under the Courts and Legal Services Act 1990 can wear wigs in court, following a practice direction on court dress handed down by the lord chief justice.

This Practice Direction does not apply to family appeals to the Divisional Court.

On the contrary, all the old special pleading for particular kinds of litigation has been reinstated by rule and practice direction and instead of a single simple set of rules we now have three sets of rules which, together with practice directions and protocols, cover 2,301 pages of volume 1 of The Civil Court Practice — a 550 % increase!

In accordance with subrule 1.07 (5), it will be filed with the secretary of the Civil Rules Committee, posted on the Superior Court of Justice website and notice of the Practice Direction will be published in the Ontario Reports on November 2, 2012.

Practice Direction (Classes of Cases Specified under s 18 (6) of the Tribunals, Courts and Enforcement Act 2007)[2008] All ER (D) 285 (Oct)

«Creative Strategies for Mediating Collection Cases Under the New Practice Direction» (2005)

Since the Singapore Supreme Court Practice Direction No. 4 of 2009 the preferred law report series for citing Singapore cases (decided between 1965 and 2009) in court has been the SLR (R).

A new practice direction issued in April 2017 by the President of the Irish High Court intends to reduce the significant delay encountered by a successful party to litigation in recovering its costs from the other side, in situations where liability as to the payment of said costs is not in issue but taxation is necessary.

For special cases see paragraph 2.1.16 and for notices of appeal see paragraph 4.3.1 of Practice Direction 4.)

See Practice Direction 6 for core volumes, cases and authorities volumes.

2.1.10 The Registrar may refuse to accept any document which is illegible or does not comply with any provision in the Rules or any relevant practice direction.

See Practice Direction 14 for filing by electronic means.

The form of a notice of appeal is dealt with in paragraphs 4.2.1 - 4.2.4 of Practice Direction 4.

2.1.27 See paragraph 7.1.3 of Practice Direction 7 for guidance on documents which may need to be filed in support of an application.

(See paragraphs 1.2.9 and 1.2.16 of Practice Direction 1 for general time limits for permission applications.

in accordance with the relevant practice direction: rule 7 (3).

(with the consent of the Registrar) by electronic means in accordance with [â $ ¦] practice direction» 14: rule 7 (1).

2.1.25 See paragraph 3.1.7 of Practice Direction 3 for the documents which must be filed with an application for permission to appeal.

Any application must be made in the general form of application, Form 2, (see Annex 1 to Practice Direction 7) and should explain the reason (s) why an extension is needed.

The Law Reports series (published by ICLR) is seen as the most authorative series and following a Practice Direction by Lord Woolf in 2001 -LRB-[2001] 1 WLR 194) it is the report to cite.

8.18.1 The enforcement of orders made by the Supreme Court in England and Wales is dealt with in paragraph 13 of Practice Direction 40B which supplements Part 40 of the Civil Procedure Rules.

He was part of the select judicial working group that drafted the eDisclosure Practice Direction that forms part of the Civil Procedure Rules in England and Wales.

(See paragraph 7.1 of Practice Direction 7 for applications.)