Butterworths Civil Litigation Service

Civil Litigation

General

There are three modules available on the Civil Litigation CD, these are:-

 

Butterworths County Court Precedents and Pleadings

Civil Court Practice

County Court Practice

If you cannot access all of the information displayed on the Noticeboard, this may be because you are not subscribing to all modules. If you would like more information on upgrading your subscription please contact Butterworths Customer Services Department on 0171 400 2500.

December 1998 CD

Service Issue 45 to Butterworths County Court Precedents and Pleadings

In This Issue

Service Issue 45 to Butterworths County Court Precedents and Pleadings

In This Issue

Issue 45   November 1998

Butterworths County Court Precedents and Pleadings

[Click on paragraph reference to go directly to updated material]

In this Issue

In addition to general updating this issue contains:

Division B  General Jurisdiction

This Division includes further additions to the new section relating to CCR Order 21 including narrative concerning the trail bundle, chronology, skeleton argument and submissions that there is no case to answer (at B[2253.1]-B[2253.3]) and precedents for a specimen lay-out for trial bundle, chronology and skeleton argument (at B[2262]-B[2264]).

Division E Enforcement

New narrative has been included in this Division concerning the Protection from Harassment Act 1997 (at E[146.1]) which is accompanied by precedents for an application for warrant of arrest and an affidavit supporting such an application (at E[146.2], E[146.3]).

Division F Business Law

This Division has been updated in the light of a number of recent cases and now includes an affidavit in support of an application for inclusion in the Business List (at F[16]).

Division H Insolvency

This Division has been fully updated and includes new material on the Employment Rights Act 1996 and Wilkinson v IRC [1998] BPIR 418, Oxted Financial Services v Gordon [1998] BPIR 231, Aspinall’s Club Ltd v Halabi [1998] BPIR 322, TSB Bank plc v Platts (No 2) [1998] BPIR 284, Henwood v Customs and Excise [1998] BPIR 339, Re Coney (A Bankrupt) [1998] BPIR 333.

Division M Landlord and Tenant

In addition to updating in the light of various recent cases, this Division contains the new versions of the following forms which were set out in the County Court (Forms) (Amendment) Rules 1998:

• an application for accelerated possession following issue of a notice under the Housing Act 1988 s 8, Form N5A (at M[144]);

• an application for accelerated possession following issue of a notice under the Housing Act 1988 s 21, Form N5B (at M[144.1]).

Division O Administration of Estates and Trusts

This Division has been fully updated and contains a new section on Trusts of Land as defined by the Trusts of Land and Appointment of Trustees Act 1996 (at O[1001]). In addition to full narrative on the county court actions which relate to trusts of land, the section contains the following new precedents:

• an originating application seeking declaration as to extent of interest in proceeds of sale of land and affidavit in support (at O[1101], O[1102]);

• an originating seeking order for sale of property held on trust of land and affidavits in support and in opposition (at O[1103], O[1104], O[1105]);

• an originating seeking order for sale of land held on trust of land, equitable accounting between co-owners and imposition of conditions on respondent in respect of occupation pending sale and affidavit in support (at O[1111], O[1112]);

• an originating application by trustees seeking order approving exercise of power to exclude beneficiary’s entitlement to occupy land and affidavit in support (at O[1113], O[1114]);

• an originating application for directions relating to exercise of functions of trustees of proceeds of sale of land (at O[1115], O[1121]).

Appendix The Directory of District Registries and County Courts has been brought up to date.

Tables and Index New supplementary tables and index tables are provided with this issue.