Freehold Property Disputes | By Lawyers
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Freehold Property Disputes

This publication guides practitioners through freehold property dispute resolution, including shared freehold and freehold covenant issues.

2 Matter Plans

Overview

The commentaries cover nuisance, trespass, and boundary issues, breaches of covenants, and ownership disputes. They also deal with pre-action protocols and practice directions, alternative dispute resolution and offers to settle, issuing and responding to proceedings, default and summary judgment, case management, disclosure, and trial.

The Reference materials folder includes guidance on electronic signing and witnessing, and the comprehensive Getting the matter underway folder includes compliance and client care documents. Using the extensive Retainer Instructions when gathering information ensures nothing is missed.

Precedents in this publication include:

  • letters before action and responses;
  • letters about the Boundary Disputes Protocol;
  • example content for:
    • particulars of claim;
    • defences;
  • a Scaffolding Licence;
  • a Crane Oversailing Licence;
  • a Deed of Release of Restrictive Covenants.
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2 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Freehold Property Disputes - Acting for the Claimant
  • Folder icon Reference materials
    • Item icon AI Prompts
    • Item icon Electronic Signing and Witnessing
    • Item icon Looking to the Future
    • Item icon Further information
    • Item icon Article: Alternative dispute resolution
    • Item icon Article: Costs actually
  • Item icon Overview and limitation periods
    Civil litigation is the process of resolving disputes between parties that can include individuals, partnerships, companies, and businesses. The court system is split between the County Courts and the High Court and the process is governed by the Civil Procedure Rules (CPR).

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  • Item icon Summary of the process
    The usual steps in acting for a claimant in a freehold property dispute matter are:

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  • Folder icon A. Getting the matter underway
    • Item icon Freehold property dispute considerations
      The initial step when considering any issue relating to a freehold property is to obtain a copy of the title deeds. The Land Registry will be able to supply copies of any register entries, plans, or documents which it holds. These may need to be requested specifically, particularly if historical ...

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    • Item icon File cover sheet - Freehold property disputes
    • Item icon To do list - Freehold property disputes - Acting for the claimant
    • Item icon First steps
    • Item icon Retainer instructions - Freehold property disputes
    • Folder icon Compliance documents
      • Item icon Client Due Diligence and Anti-money Laundering Guidance
      • Item icon Client Details, Identity Verification and Source of Funds
      • Item icon Conflict of interest check
      • Item icon Client and matter risk assessment
      • Folder icon If required - Reporting an issue
        • Item icon Anti-money laundering internal disclosure
    • Item icon Initial letter to client enclosing Client Care and Terms of Business
    • Folder icon Enclosures for initial letter to client
      • Item icon Client care information
      • Item icon Terms of business
      • Item icon Scope of work - Freehold property disputes - Acting for the claimant
      • Item icon A summary of the property dispute resolution process
    • Item icon Funding
      Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.

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    • Folder icon If required - Conditional fee and damages-based agreements
      • Item icon Conditional fee agreement
        A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:

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      • Item icon Conditional fee agreement
      • Item icon Letter to client explaining barrister's fees
      • Item icon Enclosure - Conditional fee agreements explained
      • Item icon Damages-based agreements
        A damages-based agreement is a contract between a solicitor and client that, if the client’s claim is successful, the solicitor will be entitled to a share of the recoveries. Damages-based agreements are different from conditional fee agreements in that they can be used only with claimant clients.

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      • Item icon Damages-based agreement
      • Item icon Letter to client enclosing damages-based agreement for signing
      • Item icon Enclosure - Damages-based agreements
      • Item icon Notice of funding of case or claim
    • Item icon Time and costs estimates
    • Folder icon If required - Letter to client varying the Client Care and Terms of Business
      • Item icon Letter to client varying the Client Care and Terms of Business
    • Folder icon General deeds, agreements, statements, declarations, consents, and execution clauses
      • Item icon Deeds and agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of assignment of agreement
        • Item icon Deed of assignment of agreement with consent
        • Item icon Deed of assignment of an insurance policy
        • Item icon Deed of assignment of equitable interest in residential land
        • Item icon Deed of gift
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Deed of release and grant
        • Item icon General deed of indemnity
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Boundary agreement
        • Item icon Confidentiality agreement
        • Item icon Construction agreement
        • Item icon Heads of agreement
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality
          • Item icon Confidentiality - Extensive
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Third parties
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Statements and declarations
        • Item icon Statement of truth
        • Item icon Statement of truth - High Court
        • Item icon Statutory declaration
        • Item icon Statutory declaration of solvency
        • Item icon Affidavit - General
        • Item icon Exhibit sheet for affidavits - General
        • Item icon Witness statement - Family matters
        • Item icon Exhibit sheet to witness statement - Family matters
        • Item icon Witness statement - Civil matters
        • Item icon Exhibit sheet to witness statement - Civil matters
      • Folder icon Execution clauses
        • Item icon Execution clauses - Agreements and contracts
        • Item icon Execution clauses - Deeds
        • Item icon Execution clauses - Overseas companies
      • Folder icon Consents
        • Folder icon If required - Personal data consent - General
          • Item icon Letter to client enclosing general consent
          • Item icon Letter to third party enclosing general consent
          • Item icon Letter to third party requesting personal data and enclosing client’s general consent
          • Item icon Letter to third party requesting personal data and enclosing third party general consent
          • Item icon Consent to provide information - General
          • Item icon Consent to provide information - General - Third party
        • Folder icon If required - Personal data consent - Health professional
          • Item icon Letter to client enclosing consent - Health professional
          • Item icon Letter to third party enclosing consent - Health professional
          • Item icon Letter to doctor enclosing client consent
          • Item icon Letter to doctor enclosing third party consent
          • Item icon Consent to provide information - Health professional
          • Item icon Consent to provide information - Health professional - Third party
        • Folder icon Change of name
          • Item icon Change of name deed for an adult - Concise
          • Item icon Change of name deed for a minor - Concise
          • Folder icon If required - Enrolment by an adult
            • Item icon Change of name deed for an adult - For enrolment
            • Item icon Statutory declaration - Enrolment of adult change of name deed
            • Item icon Notice for the London Gazette on the change of name of an adult
            • Item icon Consent to enrolment of change of name of an adult
          • Folder icon If required - Enrolment by a minor
            • Item icon Change of name deed for a minor - For enrolment
            • Item icon Statutory declaration - Enrolment of minor change of name deed
            • Item icon Affidavit of best interest for the change of name of a minor
            • Item icon Consent to enrolment of change of name of a minor
  • Folder icon B. Nuisance
    • Item icon Overview
      Common law nuisance is, at its heart, a violation of property rights. There are a number of examples encountered in practice which can usually be grouped into three general categories:

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    • Item icon Public nuisance
      Where the affected land is public, or the nuisance affects the public at large, the usual course is for the local authority to bring an action for statutory nuisance under the Environmental Protection Act 1990. Statutory nuisance differs from common law nuisance in that the local authority has a ...

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    • Item icon Letter to local authority reporting statutory nuisance
    • Item icon Letter to defendant giving notice of complaint for statutory nuisance
    • Item icon Private nuisance
      Private nuisance relates to the lawful use of land which has negative consequences on a neighbour. A general duty of care is owed by one neighbour to another and each should do what is reasonably expected of them. This doctrine encompasses inactivity as a source of nuisance, for example where a ...

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    • Item icon Letter to defendant warning of high hedge complaint
    • Item icon Letter to local authority making complaint about a high hedge
    • Item icon Alternatives to court action
      Abatement Where possible the opportunity to abate the nuisance should be explored. This may involve either party doing some work to rectify the situation. The cost of doing so could be claimed from a defendant who knew, or ought to have known, about the nuisance and was given the opportunity to ...

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    • Item icon Pre-action conduct and protocols
      There is no specific pre-action protocol relating to nuisance claims so the Practice Direction – Pre-action conduct and protocols serves as guidance. A letter of claim should be sent and alternative methods of dispute resolution explored with litigation as the last resort.

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    • Item icon Letter to defendant before action - Private nuisance
    • Item icon Practice direction - Pre-action conduct and protocols
    • Item icon Letter to client confirming initial demand letter before action has been sent
    • Item icon Letter to court filing documents
    • Item icon Claim form (CPR Part 7)
    • Item icon Claim form (CPR Part 8)
    • Item icon Clause - Particulars of claim - Private nuisance
  • Folder icon C. Trespass
    • Item icon Criminal offence
      Where any of the below offences may be relevant clients should be directed to the police in the first instance, particularly if in danger and requiring immediate assistance, using 999 or 101.

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    • Item icon Civil claim
      A civil claim for trespass can be brought whether or not the claimant has suffered any damage or loss, unlike other causes of action. This reflects the history of the claim where it was assumed that trespass would eventually lead to a breach of the peace and early intervention was encouraged. In ...

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    • Item icon Pre-action conduct and protocols
      There is no specific pre-action protocol relating to nuisance claims so the Practice Direction – Pre-action conduct and protocols serves as guidance. A letter of claim should be sent and alternative methods of dispute resolution explored with litigation as the last resort.

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    • Item icon Practice direction - Pre-action conduct and protocols
    • Folder icon Interim possession order
      • Item icon Interim possession order procedure
        Applications should be made in the county court which has jurisdiction over the land in question. The relevant court can be found by using the Court and tribunal finder.

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      • Item icon Letter to court filing documents
      • Item icon Claim form for possession of property
      • Item icon Clause - Particulars of claim - Possession after trespass
      • Item icon Application for an interim possession order
      • Item icon Letter to defendant serving interim possession claim
      • Item icon Witness statement of the defendant to oppose the making of an interim possession order
      • Item icon Letter to process server with instructions to serve interim possession claim against unknown occupier
      • Item icon Letter to process server with instructions to serve interim possession order against unknown occupier
      • Item icon Certificate of service
      • Item icon Letter to process server with instructions to serve final possession order against unknown occupier
    • Folder icon Possession order
      • Item icon Possession order procedure
        Applications should be made in the county court which has jurisdiction over the land in question. The relevant court can be found by using the Court and tribunal finder.

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      • Item icon Letter to court filing documents
      • Item icon Claim form for possession of property
      • Item icon Clause - Particulars of claim - Possession after trespass
      • Item icon Particulars of claim for possession (trespassers)
      • Item icon Letter to defendant serving possession claim - Trespass
      • Item icon Letter to process server with instructions to serve possession claim against unknown occupier
      • Item icon Certificate of service
      • Item icon Letter to process server with instructions to serve possession order against unknown occupier
    • Folder icon Injunctions
      • Item icon Injunction procedure
        The application An application for an injunction may be made in the County Court using an N244 Application Notice with an accompanying witness statement if the evidence is too long to insert into the application form. A draft of the injunction order can be attached using an N16 Injunction Order ...

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      • Item icon Letter to court filing documents
      • Item icon Application notice
      • Item icon Injunction order
      • Item icon Letter to process server with instructions to serve injunction claim against unknown occupier
      • Item icon Certificate of service
  • Folder icon D. Boundary issues
    • Item icon Boundary issues
      The boundary between two properties is usually denoted by a red line on a Land Registry filed plan. In the absence of registration the line will be on the most recent plan forming part of the title deeds. However, disputes arise for a number of reasons, including:

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    • Item icon Boundary disputes protocol
      While it is not legally binding in the same way as the pre-action protocols set out in the Civil Procedure Rules The Boundary Disputes Protocol provides a best practice route to early resolution of boundary disputes. It is advisable for parties to consider alternative dispute resolution methods as ...

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    • Item icon Letter to client proposing boundary dispute protocol
    • Item icon Letter to defendant setting out boundary issue
    • Item icon Letter to other side's solicitor proposing boundary dispute protocol
    • Item icon Letter to other side's solicitor with initial title documents
    • Item icon Letter to other side's solicitor exchanging title evidence
    • Item icon Letter to expert requesting report
    • Folder icon Settlement reached
      • Item icon Letter to client enclosing boundary agreement and transfer of part
      • Item icon Boundary agreement
      • Item icon Transfer of part registered title(s)
      • Item icon Letter to other side enclosing boundary agreement and transfer of part
      • Item icon Letter to lender enclosing boundary agreement and transfer of part
      • Item icon Letter to Land Registry enclosing AP1 to change the register and supporting documents
      • Item icon Application to change the register
    • Folder icon Settlement not reached
      • Item icon Letter to the other side’s solicitor suggesting alternative dispute resolution
      • Item icon Pre-action conduct and protocols
        There is no specific pre-action protocol relating to nuisance claims so the Practice Direction – Pre-action conduct and protocols serves as guidance. A letter of claim should be sent and alternative methods of dispute resolution explored with litigation as the last resort.

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      • Item icon Practice direction - Pre-action conduct and protocols
      • Item icon Exact line of boundary - registration
    • Folder icon Adverse possession
      • Item icon Adverse possession
        Where land is occupied by someone other than the registered proprietor – or where there is no documentary evidence of the occupier’s unregistered ownership – adverse possession can be claimed by application to the Land Registry with appropriate evidence. The basic requirements are similar no matter ...

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      • Item icon Letter to defendant's solicitor addressing adverse possession claim and discussing next steps
      • Item icon Letter to Land Registry enclosing FR1 for first registration and supporting documents
      • Item icon First application - registration
      • Item icon Documents list
      • Item icon Statement of truth in support of an application for registration based upon adverse possession
      • Item icon Application for registration of a person in adverse possession under Schedule 6 to the Land Registration Act 2002
    • Item icon Party walls
      ‘Party walls’ are defined in the Party Wall etc. Act 1996 as the parts of buildings which stand on boundaries. ‘Party fence walls’ are defined as walls which are not attached to buildings. This definition does not include wooden fences. Floors and ceilings between flats, party walls and party fence ...

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    • Item icon Access to Neighbouring Land Act 1992
      This Act provides a building owner with a right to access an adjoining owner’s land to carry out work in specific circumstances. An access order may be applied for in accordance with s 1 of the Access to Neighbouring Land Act 1992 if access has been refused. The application should be made ...

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    • Item icon Scaffolding licence
    • Item icon Crane oversailing licence
  • Folder icon E. Breaches of covenants
    • Item icon Covenants
      Covenants are, in simple terms, promises made between parties. The performance of the covenant by one or more of the parties has some effect on the land involved. The land which benefits from the covenant is usually referred to as the dominant land and the land which bears the burden is referred to ...

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    • Item icon Tax implications
      Chargeable interests for both stamp duty land tax and land transaction tax purposes are defined in s 48 of the Finance Act 2003 as ‘an estate, interest, right or power in or over land … or the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, ...

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    • Item icon Where restrictive covenants are found
      The date of the creation of the restrictive covenant is important when investigating a title to ascertain whether a restrictive covenant exists.

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    • Item icon Letter to Land Registry with enclosure - General
    • Item icon Application for an official search (not applicable to registered land)
    • Item icon Official copies of register or plan - registration
    • Item icon Historical register or title plan - registration
    • Item icon Official copies of documents - registration
    • Item icon Enforceability
      Deciding whether a restrictive covenant is enforceable is no easy matter and depends on a number of factors.

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    • Item icon Alternatives to court action
      Abatement Where possible the opportunity to abate the nuisance should be explored. This may involve either party doing some work to rectify the situation. The cost of doing so could be claimed from a defendant who knew, or ought to have known, about the nuisance and was given the opportunity to ...

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    • Item icon Letter to client enclosing deed of release of restrictive covenants
    • Item icon Letter to other side enclosing deed of release of restrictive covenants
    • Item icon Letter to lender enclosing deed of release of restrictive covenants
    • Item icon Deed of release of restrictive covenants
    • Item icon Letter to other side enclosing signed deed of release of restrictive covenants
    • Item icon Letter to Land Registry with enclosure - General
    • Item icon Notice - cancellation
    • Item icon Unilateral notice - application to remove
    • Item icon Unilateral notice - cancellation
    • Item icon Upper Tribunal (Lands Chamber)
      An application can be made to the Upper Tribunal (Lands Chamber) for the modification or discharge of a restrictive covenant if one of the following grounds in s 84 of the Law of Property Act 1925 applies:

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    • Item icon Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
    • Item icon Court
      There is no specific pre-action protocol relating to breaches of covenants so the Practice Direction – Pre-action conduct and protocols serves as guidance. Proceedings may be started under Part 7 of the Civil Procedure Rules or under Part 8 if there are unlikely to be substantial disputes ...

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    • Item icon Practice direction - Pre-action conduct and protocols
  • Folder icon F. Ownership disputes
    • Item icon Ownership disputes
      A trust of the land is required to claim an interest if a person is not named as a legal owner on the title. A trust of land can be express, implied, resulting, or constructive and is governed by the Trusts of Land and Appointment of Trustees Act 1996. Although the Act came into force on ...

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    • Item icon Letter to client enclosing notice of severance of joint tenancy
    • Item icon Notice of severance of joint tenancy
    • Item icon Letter to Land Registry with enclosure - General
    • Item icon First registration caution
    • Item icon Application for registration of a notice of home rights
    • Item icon Application to enter a restriction
    • Item icon Pre-action conduct and protocols
      There is no specific pre-action protocol relating to nuisance claims so the Practice Direction – Pre-action conduct and protocols serves as guidance. A letter of claim should be sent and alternative methods of dispute resolution explored with litigation as the last resort.

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    • Item icon Letter of claim to defendant - Trusts of Land and Appointment of Trustees Act 1996 claim
    • Item icon Practice direction - Pre-action conduct and protocols
    • Item icon Clause - Particulars of claim - Trusts of Land and Appointment of Trustees Act 1996
  • Folder icon G. Settling the matter
    • Item icon Alternative dispute resolution
      A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...

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    • Item icon Letter to the other side’s solicitor suggesting alternative dispute resolution
    • Item icon Mediation service – Small claims track cases
      The Civil Procedure Rules provide for the referral of small claims track cases to the Small claims mediation service run by HM Courts & Tribunals Service: Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme. As with all forms of ADR this provides an ...

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    • Item icon Mediation settlement agreement
    • Item icon Offers to settle
      There are opportunities to settle disputes, even when the parties’ relationship has soured. Settling the dispute can reduce costs and stress for all parties.

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    • Item icon Letter to defendant’s solicitor making Calderbank offer
    • Item icon Part 36 offers
      Part 36 of the Civil Procedure Rules provides for making an offer which will be treated as without prejudice except as to costs. This means that the fact that a Part 36 offer has been made, and the terms of such an offer, must not be communicated to the trial judge until the case has ...

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    • Folder icon If required - Part 36 offers
      • Item icon Enclosure - Part 36 offers
      • Item icon Letter to client suggesting making a Part 36 offer
      • Item icon Offer to settle (Section I Part 36)
      • Item icon Letter to other side's solicitor making Part 36 offer
      • Item icon Letter to client enclosing copy Part 36 offer made
      • Item icon Letter to client enclosing copy Part 36 offer received
    • Item icon Settlement agreement
    • Item icon Letter to client with draft settlement agreement
    • Item icon Letter to court confirming settlement
    • Item icon General form of judgment or order
    • Folder icon Library of example consent orders
      • Item icon Clause - Consent order for judgment notation of agreement
      • Item icon Clause - Consent order payment inclusive of costs
      • Item icon Clause - Consent order judgment in favour of one party
      • Item icon Clause - Consent order for proceedings to be dismissed with no order as to costs
      • Item icon Clause - Consent order for acceptance of lesser sum
    • Item icon Letter to other side's solicitor sending draft consent order
    • Item icon Letter to court filing draft consent order on settlement
  • Folder icon H. First-tier Tribunal practice and procedure
    • Folder icon First-tier Tribunal (Property Chamber)
      • Item icon Reference cases
        The tribunal will deal with the application that has been made to the Land Registry. There is no jurisdiction to order the sale of a property unlike a court. Compensation may only be ordered in the very limited circumstances described in the final point below. The tribunal may:

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      • Item icon Rectification cases
        If a direct application is made by an affected party, the tribunal has the power to correct or set aside documents in the same way the High Court can. The documents which may be rectified or set aside, as noted in s 108(2) of the Land Registration Act 2002, are:

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      • Item icon Process
        Applications Reference cases will be passed to the tribunal by the Land Registry so no separate application form is required.

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      • Item icon Letter to tribunal filing application
      • Item icon Application to rectify or set aside documents
      • Item icon Applications and requests for case management or other interim orders
      • Item icon Application to withdraw a case
      • Item icon Application for permission to appeal a decision to the Upper Tribunal (Lands Chamber)
    • Folder icon Upper Tribunal (Lands Chamber)
      • Item icon Discharge or modification of restrictive covenants
        Under s 84 of the Law of Property Act 1925 the tribunal may discharge or modify restrictions arising under covenants or otherwise which affect freehold land, or leasehold land where the lease was granted for more than 40 years and at least 25 years have already expired. They only ...

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      • Item icon Letter to tribunal filing application
      • Item icon Application under Section 84 of the Law of Property Act 1925 to discharge or modify a restrictive covenant
      • Item icon Notice of objection to an application to discharge or modify a restrictive covenant
      • Item icon Applications and requests for case management or other interim orders
      • Item icon Application to withdraw a case
      • Item icon Appellant's notice (all appeals except small claims track appeals and appeals to the Family Division of the High Court)
      • Item icon Example court bundle index - Appeals from the Upper Tribunal (Lands Chamber)
      • Item icon Skeleton arguments
      • Item icon Chronology - Civil matters
  • Folder icon I. Court practice and procedure
    • Item icon Limitation issues
      If a matter is close to its limitation date, then it is possible to issue the proceedings but not serve them, as a protective measure. This will allow further instructions or investigations where required, or further negotiation, if possible. When doing so, the claim form needs to be sent for issue ...

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    • Folder icon If required - Limitation issues
      • Item icon Standstill agreement to extend limitation
      • Item icon Standstill agreement to suspend limitation
    • Folder icon If required - Part 8 of the Civil Procedure Rules
      • Item icon Preparing the Part 8 Claim Form
        The correct form is an N208 Claim Form (CPR Part 8). Rule 8.2 of the Civil Procedure Rules is clear that the claim form must include:

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      • Item icon Claim form (CPR Part 8)
      • Item icon Serving the issued Part 8 Claim Form
        If circumstances dictate the claim form can be issued without naming defendants. If so, it need not be served on anyone else: r 8.2A of the Civil Procedure Rules. Otherwise r 7.5 provides for service of the claim form, which is exactly the same as service of a Part 7 claim:

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      • Item icon Letter to defendant serving claim
      • Item icon Letter to defendant's solicitor serving claim
      • Item icon Acknowledgment of service by the defendant
        An N210B Acknowledgment of Service form should be filed by the defendant within 14 days of service of the claim form. The defendant does not file a defence to a Part 8 claim, so the rules as to the filing of statements of case, defence and reply do not apply here: r 8.9 of the Civil ...

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      • Item icon Evidence
        Under r 8.5, written evidence is to be filed with the claim form or acknowledgment of service, but either party may apply to the court for an extension of time to file and serve additional evidence. For more information see Evidence.

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      • Item icon Trial
        At the hearing the court may hear and dispose of the case or give directions. For more information see Final hearing.

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    • Item icon Part 7 claims
      The issue of proceedings is governed by Part 7 of the Civil Procedure Rules, supplemented by Practice Directions 7A and 7E which deal with online claims and Part 56 and Practice Direction 56 which modifies Part 7 in the case of some of the more obscure claims. Most ...

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    • Item icon Letter to client enclosing overview of court process
    • Item icon Enclosure - Overview of the litigation process from a claimant's point of view
    • Item icon Electronic filing
      Courts and tribunals are increasingly developing ways in which cases can be commenced and managed electronically. In the Royal Courts of Justice and Upper Tribunals, a digital electronic filing system called Courts Electronic Filing System (CE-filing) allows for the issue and management of cases ...

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    • Item icon Online portals
      Damages Claims Portal The Damages Claims Portal is governed by Practice Direction 51ZB and is for legal practitioners to use when making a claim for damages.

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    • Item icon Submit an application with MyHMCTS
    • Item icon Paper proceedings
      Multiple claims and claimants Unlike an online claim r 7.3 of the Civil Procedure Rules permits any number of claims and claimants to be covered by a single paper claim form. The multiple claims which can be dealt with in this way are subject to the following criteria:

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  • Folder icon J. Statements of case, filing and service
    • Item icon Starting a claim online with MCOL
      See Practice Direction 7E for further information about starting a claim. Logging into MCOL opens a homepage that provides the option to start a new claim. To request a claim form, complete and submit the online form and pay the appropriate fee electronically.

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    • Item icon Starting a paper claim
      In the County Court use the N1 Claim Form which requires the following information.

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    • Item icon Letter to court filing documents
    • Item icon Claim form (CPR Part 7)
    • Item icon Service
      It is usual for the claimant to request that the court serves the claim. The claim will be issued within two working days from the date it is submitted online and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the claim ...

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    • Item icon Claimant service
      It may be preferable for the claimant’s practitioner to effect service on behalf of the claimant but it should be noted that a failure to properly serve the claim form can be fatal to a claim. See Part 6 of the Civil Procedure Rules. If claimant service is required then the appropriate box ...

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    • Item icon Letter to defendant serving claim
    • Item icon Letter to defendant's solicitor serving claim
    • Folder icon Enclosures for letter serving claim - Response pack
      • Item icon Guidance for defendants replying to the claim form: N1C
      • Item icon Response pack
      • Item icon Admission (unspecified amount, non-money and return of goods claims)
      • Item icon Admission (specified amount)
      • Item icon Defence form
      • Item icon Defence and counterclaim (unspecified amount, non-money and return of goods claims)
      • Item icon Defence and counterclaim (specified amount)
    • Item icon A defendant’s response
      The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:

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    • Item icon Example content - Reply to defence
    • Item icon Extension of time
      If the defendant needs more time to respond consent for an extension should be sought from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree on time limit variations between themselves. Rule 15.5 notes that the parties may agree to an ...

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    • Item icon Letter to defendant's solicitor responding to request for extension of time
    • Item icon Counterclaims and additional claims
      Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party and other additional claims such as a defendant seeking contributions or indemnity from a third party. The overriding principle of the rules is to enable ...

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  • Folder icon K. Interim applications
    • Item icon Security for costs
      As part of a response the defendant may make an application to the court for security for costs under r 25.12 of the Civil Procedure Rules. This is an application to require the claimant to pay a sum of money into court for the purposes of protecting the defendant’s ability to claim their ...

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    • Item icon Default judgment
      Where the defendant has failed to respond to a claim either at all, or in time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. This is a purely administrative procedure and does not require a court hearing: see Time limits for responding. The ...

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    • Item icon Letter to client with advice about default judgment
    • Item icon Request for judgment and reply to admission (specified amount)
    • Item icon Summary judgment
      The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding or the defendant has no real prospect of defending the claim, or that there is no other compelling reason why the case or issue should be disposed of at a trial. In these cases, the ...

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    • Item icon Letter to client with advice about summary judgment
    • Item icon Application notice
    • Item icon General form of judgment or order
    • Item icon Letter to court filing documents
    • Folder icon If required - Evidence
      • Item icon Letter to court filing written evidence
      • Item icon Letter to other side's solicitor serving written evidence
    • Item icon Letter to client after summary judgment success
  • Folder icon L. Case management and directions
    • Item icon Transfer of claims
      Rule 26.2A enables the transfer of money claims to the defendant’s home court within the County Court if a court officer considers that the claim should be referred to a judge for directions or if the defendant is an individual. Otherwise, the claim will be transferred to any preferred hearing ...

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    • Item icon Provisional allocation
      The parties will receive from the court a notice provisionally allocating the defended claim to one of four tracks. This occurs prior to the filing by the parties of their directions questionnaires. The four tracks are:

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    • Item icon Directions questionnaires
      Directions questionnaires request information to assist the court in confirming the allocation of a case and enable active management of its progress through the court. Rule 26.8 provides that when deciding the track for a claim the court will consider a number of things including the ...

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    • Item icon Directions questionnaire (small claims track)
    • Item icon Directions questionnaire (fast track, intermediate track and multi-track)
    • Folder icon Enclosures for directions questionnaire - Disclosure and costs
      • Item icon Disclosure reports
        Rule 31.6 requires parties to a multi-track case to serve an N263 Disclosure Report verified by a statement of truth not less than 14 days before the first case management conference. Standard procedure is to do this when returning the directions questionnaire. The report is required ...

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      • Item icon Disclosure report
      • Item icon Costs budgets
        For most multi-track cases r 3.13 requires the filing of a costs budget. Unless the court otherwise orders costs budgets must be filed by the parties:

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      • Item icon Costs budget (Precedent H) and budget discussion report (Precedent R)
      • Item icon Precedent T - (budget variation summary sheet)
      • Item icon Using the automated app – Precedent H – Costs budget
      • Item icon Using the automated app – Precedent S – Bill of costs
    • Item icon Letter to client confirming costs budget
    • Item icon Letter to defendant's solicitor serving costs budget
    • Item icon Directions
      Directions are given to parties by the court to assist trial preparation. They are intended to:

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    • Item icon Small claims track standard directions
    • Item icon Small claims track special directions
    • Item icon Fast track standard directions
    • Item icon Multi-track standard directions
    • Item icon Listing questionnaire
      Also known as the pre-trial checklist, these apply to both fast, intermediate and multi-track cases where considered appropriate. Effectively a second part of the directions procedure they seek information from the parties to enable the court to list the case and fill any gaps that might emerge in ...

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    • Item icon Listing questionnaire (pre-trial checklist)
    • Item icon Letter to court filing documents
    • Item icon Application notice
    • Item icon General form of judgment or order
  • Folder icon M. Disclosure and evidence
    • Item icon Disclosure
      Disclosure is the stage in a case when parties share with the other side and the court the information they are basing their case on together with anything else that affects the case. Disclosure is in keeping with the overriding objective of the Civil Procedure Rules which is to enable the case to ...

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    • Item icon Letter to client regarding disclosure
    • Item icon Procedure for standard disclosure
      A point that catches the unwary is that the Civil Procedure Rules only provide a process for standard disclosure. If the non-standard disclosure is ordered by the court the judge must give directions on the procedure the parties are to follow. The procedure for standard disclosure is set out in ...

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    • Item icon Standard disclosure
    • Item icon Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
    • Item icon Disclosure reports and other provisions for multi-track cases
      Disclosure reports are referenced above in relation to directions questionnaires: r 31.5(3)(4). A disclosure report should briefly describe what documents exist that may be relevant to the matter, their location, and the costs involved in disclosing the documents. The report is required to be ...

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    • Item icon Disclosure report
    • Item icon Letter to other side's solicitor enclosing disclosure report
    • Item icon Letter to court filing documents
    • Item icon Other disclosure provisions
      See Part 31 of the Civil Procedure Rules and Practice Direction 31A.

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    • Item icon Letter to other side's solicitor requesting to inspect documents
    • Item icon Evidence
      Under r 8.5, written evidence is to be filed with the claim form or acknowledgment of service, but either party may apply to the court for an extension of time to file and serve additional evidence. For more information see Evidence.

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    • Folder icon Library of evidence documents
      • Item icon Proof of evidence
      • Item icon Witness statement - Civil matters
      • Item icon Example content - Witness statement for civil matters
      • Item icon Exhibit sheet to witness statement - Civil matters
      • Item icon General form of affidavit
      • Item icon Clause - Affidavit for civil matters
      • Item icon Exhibit sheet for affidavits - Civil matters
      • Item icon Notice of intention to rely on hearsay evidence
      • Item icon Notice to admit facts
    • Item icon Letter to court filing written evidence
    • Item icon Letter to other side's solicitor serving written evidence
    • Item icon Vulnerable witnesses and parties
      The overriding objective of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost, thus ensuring all parties are on an equal footing and able to participate fully in proceedings. However, a vulnerable party or witness may impede that participation and also diminish the ...

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    • Item icon Expert witnesses
      Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, notwithstanding the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure ...

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    • Folder icon If required - Expert witnesses
      • Item icon Letter to expert requesting report
      • Item icon Letter to client enclosing expert's report
      • Item icon Letter to court filing expert's report
      • Item icon Letter to other side's solicitor serving expert's report
  • Folder icon N. Final hearing and costs
    • Item icon Preparation for the final hearing
      Small claims track cases After the case has been allocated to the small claims track and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6, the court will fix a date for trial. The court will give the parties at least 21 days notice ...

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    • Item icon Letter to counsel enclosing brief
    • Item icon Brief to counsel - Civil matters
    • Item icon Letter to client advising of court hearing date
    • Item icon Letter to court advising client will not attend
    • Item icon Letter to witness advising hearing date
    • Item icon Small claims track standard directions
    • Item icon Small claims track special directions
    • Item icon Fast track standard directions
    • Item icon Multi-track standard directions
    • Item icon Listing questionnaire (pre-trial checklist)
    • Item icon Letter to court filing documents
    • Item icon Court bundles
      A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out any irrelevant documents, even if disclosed in the proceedings. See r 39.5 of the Court Procedure Rules and paragraph 27 of ...

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    • Item icon County Court, High Court and Appeal Court - Trial bundle cover page
    • Item icon County Court, High Court and Appeal Court - Trial bundle index
    • Item icon Case summary
    • Item icon Chronology - Civil matters
    • Item icon Letter to other side's solicitor enclosing index to trial bundle
    • Item icon Letter to other side's solicitor enclosing trial bundle
    • Item icon Letter to court filing trial bundle
    • Item icon Costs for final hearing
      Small claims track cases Costs on the small claims track are governed by r 27.14 which provides the following are recoverable:

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    • Item icon Costs budget (Precedent H) and budget discussion report (Precedent R)
    • Item icon Precedent T - (budget variation summary sheet)
    • Item icon Using the automated app – Precedent H – Costs budget
    • Item icon Using the automated app – Precedent S – Bill of costs
    • Item icon Final hearing
      Preparation for the final hearing

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  • Folder icon O. Finalising the matter
    • Item icon Land Registry entries
      Where matters were registered with HM Land Registry but have now been changed, steps should be taken to amend the relevant entries and close unnecessary titles.

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    • Item icon Letter to Land Registry enclosing AP1 to change the register and supporting documents
    • Item icon Application to change the register
    • Item icon Letter to client confirming registration and enclosing copy title and documents
    • Item icon Settled matters
      Practitioners are required to advise the court immediately a matter which is before them is settled. Until a settlement agreement, consent orders or a notice of discontinuance is filed the parties must attend before the court if the matter is listed.

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    • Item icon Letter to court filing documents
    • Item icon Notice of discontinuance
    • Item icon Advising the client
      The client should be advised of the outcome in writing and any element of the judgment that requires them to take action. Ensure they are aware of any costs consequences associated with not taking the action and thereby breaching the court order. If the client has been successful be sure to provide ...

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    • Item icon Letter to client advising successful outcome and enclosing invoice
    • Item icon Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
    • Item icon Letter to client finalising the matter
    • Item icon Example invoice
    • Item icon Invoice recital - Freehold property disputes - Acting for the claimant
    • Item icon Enclosure - Explaining the bill
    • Item icon Closing the file
    • Item icon File closing checklist
    • Item icon File review form - General
  • Item icon Comments and suggestions for By Lawyers

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