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07 December 2012
Issue: 7541 / Categories: Case law , Judicial line , In Court
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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 financial remedies application, the multi-track is usually regarded as the

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Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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