We’ve recently had a client approach us, asking if we can help with a claim for a new commercial tenancy under Part II Landlord and Tenant Act 1954.
They had drafted a Part 8 Claim Form themselves and were under the impression that they could file it online (via CE-File).
Philip Nam directed them to Part 56 and Practice Direction 56 of the Civil Procedure Rules (which states that such claims should be started in the County Court – and therefore CE-File was not available.) They came back to Philip suggesting that their claim was a Commercial Claim and so it could be started online (CE-File) in the London Commercial Court. They were directing Philip to a page on the gov.uk website.
Philip had to point out the Civil Procedure Rules to our client and made them aware of the meaning of ‘Commercial Claim’ as set out in Part 58, compared with the meaning of ‘Landlord and Tenant claim’ in Part 56.
We wanted to emphasise the importance in seeking appropriate advice on the procedures and rules to be followed, before any individual or business starts court proceedings!
For Landlords and Tenants, whatever your requirements, we can help you with your legal needs, disputes or claims.
For support, please email us at: philip@whitecollarlegalandadmin.com or phone 0151 230 8931.
Alternatively, book a free consultation here: https://whitecollarlegalandadmin.com/contact/