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This Checklist sets out the principal procedural steps and considerations for parties preparing or answering a request to extend time in judicial review claims before the Administrative Court. It should be read alongside Practice Note: Judicial review time limits—extensions and urgent cases. Time limits for bringing claims and the requirement to act 'promptly' Where proceedings are started in the High Court, the claim form must be lodged promptly and, in any case, no later than three months from the date the grounds first arose, subject to the shorter periods below: challenges to planning decisions must be issued within six weeks of the date the grounds to bring the claim first arose challenges to procurement decisions under the Public Contracts Regulations 2015 must be brought within 30 days of the date the grounds to bring the claim first arose...
Introduction This Checklist is intended for legal representatives who are involved in directly assisting witnesses to prepare trial witness statements within the Business and Property Courts, and which are subject to CPR PD 57AC. This Checklist should be read alongside Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC, which sets out the requirements in fuller detail...
This timetable sets out the key procedural steps for disclosure under the Disclosure Scheme operating in the Business and Property Courts It outlines the required process, spanning document preservation duties, Initial Disclosure, completion of the Disclosure Review Document (DRD), Extended Disclosure, and the actions to be taken at and following the case management conference (CMC). Document preservation obligations Initial Disclosure Disclosure Review Document (DRD) Extended Disclosure Steps at and after the CMC For these purposes, it is assumed the parties are legally represented. Note: this timetable does not cover disclosure under CPR 31. For additional guidance on CPR 31 disclosure, see: Disclosure-overview. The Disclosure Scheme is mandatory for most claims in the Business and Property Courts under CPR PD 57AD (in force from 1 October 2022). To assess whether the Scheme applies to a particular claim, see: Which disclosure rules apply to my claim-flowchart? and the Practice Notes: Disclosure Scheme-definitions, principles and duties; Disclosure Scheme-when and where it...
Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...
Procurement process flowchart This Procurement process flowchart outlines the sequence a procurement might follow, alongside the factors to weigh up so a clear and appropriate procurement route is observed. It further highlights the Precedents on hand to support you throughout the procurement journey. The Flowchart serves as an illustrative example rather than a conclusive guide. Organisations can, of course, operate quite distinct procedures; nevertheless, it offers a useful baseline or point of reference. Any contract value amounts shown are presented purely as examples for illustrative purposes only here...
This decision tree sets out a logical route for deciding whether you may undertake email marketing and, if so, who you can contact. It is just as applicable to text and SMS activity. Separate trees cover postal and live telephone direct marketing—see: Direct marketing decision tree—postal—data protection and Direct marketing decision tree—live telephone calls—data protection. Of all marketing channels, electronic marketing is the most demanding from a regulatory perspective. You must comply with the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communication Regulations 2003 (PECR 2003). PECR 2003 applies different rules to different electronic marketing methods, depending on your audience and the goods/services being promoted. You must also meet the relevant UK GDPR obligations. For more guidance, see the following Practice Notes: Direct marketing compliance—Electronic mail How to handle personal data for direct marketing Direct marketing—UK GDPR and PECR 2003 interplay What is electronic mail direct marketing? Direct marketing is the communication, by any means, of...
In this issue: Employment contract Horizon scanning Pensions Tax Prohibited conduct (discrimination etc) Data protection and employee information Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms. In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman...
In this issue: Key DR developments Claims and remedies Cross-border disputes Evidence and disclosure New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments 163rd Practice Direction update 163rd PD update—effective on 1 February and 6 April 2024: The 163rd Practice Direction (PD) changes to the Civil Procedure Rules have received approval from the Master of the Rolls together with the Parliamentary Under-Secretary of State for Justice...
In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...
Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244(CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order (CPR 23) Making an application in the Commercial Courts Form N244(CC) In civil proceedings, applications are ordinarily made by application notice—see Practice Note: Informal applications for when the court may allow an application without one. In most courts, the standard application...
ARCHIVED: This Practice Note is archived and not kept up to date. Practical implications of West Tankers In short, the current position arising from the West Tankers saga (so far) is: Any EU Member State court seised of proceedings must rule on its own jurisdiction to determine the dispute. Under Brussels I and Brussels I (recast), courts of another Member State cannot remove that competence from it. An arbitral tribunal has jurisdiction to award damages for breach of an obligation to arbitrate. Where jurisdiction is disputed (as it often is), consider advising clients to obtain a standalone final award addressing jurisdiction at the outset, and then seek to have it recognised and enforced by the court (the application would be made under the procedure set out in CPR 62). This should prevent a conflicting court judgment taking precedence, on the basis of issue estoppel. Thereafter, the parties can proceed to the liability and quantum issues within the arbitration. West Tankers—the...
This Practice Note sets out the particular rules governing VAT on costs that fall to be the subject of either summary or detailed assessment before the High Court. The applicable provisions are contained in CPR PD 44. Entitlement to This is addressed at CPR PD 44, para 2.3 through to CPR PD 44, para 2.6. The party seeking recovery of costs bears responsibility for ensuring that VAT is claimed only if, and only to the extent that, it cannot recover from HMRC the VAT it has incurred (CPR PD 44, para 2.4). if the VAT is recoverable from HMRC, it should not be included in a claim for costs if only a proportion of the VAT is recoverable from HMRC, include only that proportion which is not recoverable from HMRC in the claim for costs The legal adviser’s VAT registration number must appear in a prominent position at the head of every statement, bill of costs, fee sheet, account or voucher...
Dear [ insert expert’s name ] Claimant’s name: [ insert Claimant’s full name including title ] Claimant’s address: [ insert address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date ] I represent the above-named in relation to injuries said to result from alleged clinical negligence occurring on the date noted. Thank you for agreeing to prepare a report addressing breach of duty/causation/condition and prognosis [ delete as appropriate ] in this matter. Please ensure you fully comprehend any clinical guidance relevant to the issues and that you hold the necessary facts to apply such guidance correctly. You should also be familiar with Part 35 of the CPR, the Practice Direction to Part 35, and the duties and requirements for experts giving expert evidence. In that regard, please see the appendix to this letter of instruction. Your task is to assist the court by providing impartial, independent opinions confined to your...
Filed on behalf of the defendant Witness Statement of [ enter the initial and surname of the witness ]. Witness statement number: [ enter the number of the witness statement relating to this witness ]. Exhibit particulars: [ enter initials and the number for each exhibit referred to ]. The statement date: [ enter date ]. [ Date of translation: [ enter date ] ]. Claim number: [ enter claim number ]. ...
ARCHIVED: [ insert name and address of claimant’s legal representative ] [ insert date ] Without prejudice save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant[ —Case number ] ] We write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Our client is satisfied that your client’s claim cannot be sustained OR Our client wishes to resolve this issue amicably OR Our client recognises the requirements of the Civil Procedure Rules for parties to seek to settle their disputes ], and we are instructed to advance an offer pursuant to Part 36 of the CPR ('the Offer'). For the avoidance of doubt, the Offer is made with the intention that the consequences set out in Section I of Part 36 shall apply...
Neither the general law nor the CPR place a positive obligation on a claimant to include, within the pleaded case, every claim that could arguably be brought against a defendant. For additional detail, see Khiaban v Beard. When it comes to allocation, however, the court will assess a range of considerations. The value of the claim is generally the primary determinant for track allocation. For more information, refer to the following Practice Notes: Where to start a civil claim which provides information on which court to issue your claim in, depending on the value of the claim and other factors Case management—allocation—the different case management tracks Small claims track CPR 27 governs the small claims track. This is ordinarily the default track for a claim with a financial value of no more than £10,000 (CPR 26.6(1) and CPR 26.6(3)). This threshold is subject to particular rules for personal injury and housing disrepair claims...
This Q&A is concerned with a claim form which has been issued in the Commercial Court without particulars of claim The defendant must decide, when acknowledging service, whether to challenge the court’s jurisdiction or to defend the claim, but says it cannot do so without first seeing the particulars. The question is how the defendant can obtain adequate information for that purpose before the deadline for filing the acknowledgement of service. The defendant seeks enough particulars solely to make that threshold choice and respond appropriately, and in time. This situation arises from the specific rules that govern the Commercial Court. To dispute the court’s jurisdiction, the defendant must: file an acknowledgement of service in accordance with CPR 10; and issue an application seeking an order declaring that the court has no jurisdiction, or should decline to exercise any jurisdiction it may have (a Challenge Application) (see CPR 11(1)–(2)). Service of an acknowledgement of service, in the prescribed form and within the...
As regards the requirement to serve, the controlling rule is CPR 55.10...