header-logo header-logo

Side by side

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

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

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll