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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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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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