The By Lawyers Magistrates Court – Civil litigation publication has been reviewed by our author, resulting in consolidation and enhancement.
Both the Acting for the Plaintiff and Acting for the Defendant guides in the Magistrates Court – Civil publication have been reviewed. Precedents on the matter plan have been consolidated, with some updates and amendments. This includes a number of bespoke By Lawyers precedents in the nature of ‘court forms’ drafted for use where there is no prescribed court form for certain actions required under the rules of court.
Amended precedents include:
- Notice of discontinuance
- Notice of ceasing to act
- Notice of change of solicitor
- Notice of change of solicitor’s address
- Offer of compromise
- Acceptance of offer of compromise under order 26
- Application for administrative transfer to the County Court
- Answers to interrogatories
The precedent Notice of Defence to Counterclaim has been deleted. This is because when a counterclaim is served the rules apply as if the defendant were the plaintiff and the plaintiff were the defendant. Accordingly, the usual Defence – Form 8A is used to defend a counterclaim which is on the matter plan.
Commentary on administratively transferring matters to the County Court, pursuant to s 17 of the Courts (Case Transfer) Act 1991, and appropriately responding to counterclaims has also been added.
This review is part of By Lawyers continuing commitment to enhancing our content and helping our subscribers enjoy practice more.