Documented departures

24 Alleged Departures from Law & Safeguards

Each issue represents a specific point at which the law required a particular protection — and where that protection was allegedly withheld. Click any issue to read the law as it should operate and how it operated in practice.

Home›24 Issues

These are drawn directly from the schedules, skeleton argument and CPR 52.30 application in Lawrence v HNW Lending Ltd. Each has its own page explaining the legal rule, the binding authorities, and the alleged departure.

01 — CPR 1.1The Overriding ObjectiveEqual footing denied to unrepresented Black litigants 02 — CPR 1.4Active Case ManagementThreshold issues not sequenced before enforcement 03 — CPR 3.1AUnrepresented Party ProtectionLiP disadvantage unremedied; treated as default 04 — CPR 3.4Strike-Out TestFraud and forgery extinguished on paper without trial 05 — CPR 24.3Summary Judgment TestCompelling reasons for trial not engaged 06 — CPR 55.8Possession Claim GatewayMandatory trial direction bypassed 07 — CPR Part 19Joinder of Necessary PartiesBeneficiary excluded while rights determined 08 — LP(MP)A 1989Deed Validity — ExecutionSignature appeared; signer did not sign 09 — CPR 32.19Authenticity — Notice to ProveChallenged document not proved by relying party 10 — CPR Part 31Disclosure — The Route to ProofExecution file withheld; vacuum used against claimant 11 — CPR 35Expert EvidenceForensic document analysis excluded before strike-out 12 — CPR 32.2Oral Evidence at TrialCredibility of forgery dispute decided on paper 13 — Arrow NomineesAdverse Inference — SpoliationEvidence destroyed by enforcement; defendant penalised 14 — Takhar [2019] UKSCFraud Must Be TriedTakhar gateway structurally inverted 15 — CPR 32.14False Statements in ProceedingsShifting verified positions left unaddressed 16 — CPR 17.1(3)Amendment and SubstitutionNew operative instrument; no new pleading required 17 — LPA 1925 ss.101,109Receiver AuthorityAppointment assumed without proof of valid charge 18 — LPA 1925Escrow and DeliveryRelease assumed; conditions not proved 19 — TOLATA 1996Beneficiary RightsBeneficial interest extinguished without trial 20 — PEA 1977Protection from EvictionResidential exclusion without identified court order 21 — Police Act 1996Police Powers & AccountabilityPolice-assisted eviction without legal basis identified 22 — Ridge v Baldwin; Art.6Natural Justice — Audi Alteram PartemCase decided before the other side was truly heard 23 — Arnold v NatWestIssue EstoppelFinality claimed without lawful adjudication 24 — CPR 52.30Reopening AppealsExceptional circumstances not engaged