Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied.”

Walsall Council

Access all documents on Pre-proof hearings

Pre-proof hearings meaning

Published by a LexisNexis Family expert
What does Pre-proof hearings mean?
In Scottish civil litigation, a pre-proof hearing is a case management hearing held shortly before the diet of proof (the evidential hearing/trial) to confirm trial readiness, resolve outstanding procedural issues and give directions. It is provided for in the Court of Session Rules and the Sheriff Court Ordinary Cause Rules (rather than defined in primary legislation or case law). At a pre-proof hearing the court will typically: check compliance with timetables; ensure exchange of witness lists, expert reports and inventories of productions; identify and narrow issues in dispute (including any preliminary legal questions); set or refine time estimates and the order of witnesses; address arrangements for special measures, interpreters and remote evidence; consider settlement/ADR; and deal with outstanding motions. The court may issue peremptory orders, vary or discharge the proof diet, and make expenses (costs) orders for non-compliance. Outside Scotland the term is not commonly used. The broadly equivalent hearings are pre-trial reviews or case management conferences in England & Wales and Northern Ireland (under the Civil Procedure Rules/court guides), and case management or call-over hearings in Ireland.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Pre-proof hearings

CHECKLISTS
Child Arrangements Orders under the Children Act 1989: applications, MIAMs/NCDR, service/without notice, safeguarding, allocation/gatekeeping, FHDRA/DRA, fact-finding, vulnerable witnesses and final orders (England and Wales)

Procedural Guide: Applications for Child Arrangements Orders under section 8 Children Act 1989 This Procedural Guide outlines the procedural steps for applying under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order (CAO). It covers eligibility to apply, pre-action obligations including attendance at a mediation information and assessment meeting (MIAM), the court’s guiding principles, and provisions for non-court dispute resolution (NCDR). It also addresses service requirements and the criteria for without notice (ex parte) applications. Allocation, gatekeeping and safeguarding processes are explained, together with what may occur at the first hearing dispute resolution appointment (FHDRA) and the dispute resolution appointment (DRA), as well as the approach to fact-finding hearings, vulnerable witnesses and the final hearing. A CAO is one of the orders available to the court under ChA 1989, s 8. It is an order concerning: with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or...

Read More Right Arrow
CHECKLISTS
Fixed recoverable costs for RTA portal and ex‑portal claims: CPR 45 checklist (fast/intermediate track; pre/post 1 Oct 2023; Apr 2024 uprating)—England and Wales

Note: As of 1 October 2023, the CPR has been updated to broaden the scope of fixed recoverable costs. These changes apply where the cause of action arises on or after 1 October 2023 (typically the accident date). For the version of Part 45 that applied before 1 October 2023, see: Can more than fixed costs be recovered? London weighting A 12.5% uplift to fixed costs applies if the claimant resides or works, and the instructed solicitor practises, within one of the London areas identified in CPR 45. Other circumstances For direction on other situations where recovery beyond fixed costs may be possible, see Practice Note: Fixed costs in road traffic accident claims. Children Distinct fixed costs apply to infant approval hearings, known as Type C fixed costs. The schedule for fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) appears at Table 10 in CPR PD 45. See Practice Note: Fixed costs in...

Read More Right Arrow
CHECKLISTS
Final hearing of financial remedy applications—standard procedure in England and Wales: pre-trial requirements, evidence, disclosure, orders, costs and variation; updated to reflect the Financial Remedies Guide 2026

STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, now replaces and supersedes: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is...

Read More Right Arrow

View the related News about Pre-proof hearings

NEWS
Civil Litigation and ADR Weekly Update (England & Wales): penalties, specific performance, fiduciary duties, costs budgets, service out, persons unknown injunctions, limitation/contribution, procedural reforms and key dates (1 May 2025)

In this issue Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Pre-action and limitation Litigation Dates for your diary Useful information Daily and weekly news alerts Key DR developments Court and the legal profession The 11th Edition of the King’s Bench Guide: Key changes from the 10th Edition (April 2024) feature, among other updates, refreshed guidance on telephone hearings (Chapter 9); a reoriented emphasis reflecting the court’s enhanced alternative dispute resolution powers (Chapter 10); updated costs management, with the Senior Master’s Guidance Note now placed at Annex 8 (Chapter 10); amendments mirroring recent Part 25 reforms and the removal of CPR PD 25A and CPR PD 25B (Chapter 12); plus a new section on securing evidence from other jurisdictions (Chapter 20). For more detail, see LNB News 29/04/2025 29—the 11th Edition of the King’s Bench Guide has been released. UKSC and JCPC publish final year of 2023–2026 business plan:...

Read More Right Arrow
NEWS
England & Wales Dispute Resolution: WhatsApp contract formation, freezing injunction disclosure, HMCTS IT failures, opt‑out class actions review, insolvency amendments, privilege Shareholder Rule, CPR/OCMC updates (14 August 2025)

In this issue Key DR developments Claims and remedies Cross-border disputes Injunctions Litigation Evidence and disclosure New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance HM Courts & Tribunals Service (HMCTS) has released refreshed guidance for the Intellectual Property Enterprise Court (IPEC) small claims track. It outlines how to pursue IP claims of £10,000 or less and sets out the applicable criteria and procedure. Updated sections cover pre-action requirements, service of documents, engagement of experts, assembling evidence and bundles, and attendance at hearings or appeals. For further detail, see: LNB News 13/08/2025 13—HMCTS publishes updated guidance on IPEC small claims track procedures. Online money claims HMCTS has revised the ‘Payment by Account for online services’ guidance, updating the contact details in the ‘Get help’ section relating to the Payment by Account facility for online court fees. For further detail, see: HMCTS Payment by...

Read More Right Arrow
NEWS
England and Wales family law weekly: AI, gender recognition, coercive control, relocation, costs including pro bono, nuptial agreements, set aside, Hague returns, inherent jurisdiction, HMCTS hearing management

In this issue: Practice and procedure Domestic abuse Private children Financial provision International children New content Updated content Daily and weekly news alerts Useful information Practice and procedure Master of the Rolls speech addresses AI adoption in legal profession and digital assets jurisdiction alignment Addressing the Legal Geek Conference, the Master of the Rolls, Sir Geoffrey Vos, observed a rapid change in attitudes to AI across the legal profession. He emphasised that AI is a powerful aid for tasks like summarising documents and undertaking legal research, while warning its deployment must be grounded in understanding, privacy protection and robust verification. He noted AI can help draft contracts and even generate legal advice or judgments, yet its role must be carefully weighed, particularly in judicial decision‑making, where ethical and societal consequences are significant. Sir Geoffrey examined the notion of AI making judicial decisions, acknowledging machines might efficiently assess personal injury damages, but lack human empathy...

Read More Right Arrow

View the related Practice Notes about Pre-proof hearings

PRACTICE NOTES
NSIP DCO examination procedure: fast-track, written representations, hearings, changes, local impact reports, statements of common ground, and decision-making under the Planning Act 2008 (including forthcoming 2025 amendments)

The Planning Act 2008 (PA 2008) establishes the consent framework for nationally significant infrastructure projects (NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order (DCO) applications may be taken by reference to any relevant National Policy Statements (NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State (SoS) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate (PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which nationally significant schemes are assessed and authorised, with guidance set out in practice notes and the collection. Fast-track process Under PA 2008, s 98(1), the Examining Authority (EA) must conclude examination of the application...

Read More Right Arrow
PRACTICE NOTES
Employee study or training requests: eligibility, procedure, grounds for refusal, right to be accompanied, appeals, protections and remedies (Great Britain)

Certain specified employees have the statutory right to make a request to undertake study or training This entitlement applies to employees working for organisations with 250 or more staff who meet the qualifying service requirement (see: Eligibility and qualifying period, below). Although the scheme was originally intended to be broadened to include smaller employers, the government deferred that step to allow further evaluation of the likely impact on small businesses, and there are currently no plans to proceed with any extension. The approach to counting the number of employees for these purposes is prescribed by the Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No 2 and Transitional and Saving Provisions) Order 2010 (Commencement No 2 Order 2010), SI 2010/303. For a pro-forma policy aligned with the statutory arrangements, see Precedent: Policy—time off work for study and training. Official guidance on this right can be found on the GOV.UK website. The legal position on study or training rights and obligations for young employees is distinct from that applicable...

Read More Right Arrow
PRACTICE NOTES
Criminal appeals to the UK Supreme Court: jurisdiction, certification, permission, SCR 2024/SCR PD procedure, portal, time limits, interventions, hearings and orders (applications filed on or after 2 December 2024)

This Practice Note addresses applications for permission to appeal and notices of appeal lodged on or after 2 December 2024, which fall under the Supreme Court Rules 2024 (SCR 2024), SI 2024/949, together with the Supreme Court Practice Directions (SCR PD). For guidance on the Supreme Court Rules applicable to appeals progressing before 2 December 2024, or where the permission application or notice of appeal was submitted prior to that date, consult the following Practice Notes: Supreme Court—permission to appeal—appeals pre-2 December 2024 [Archived] Supreme Court—completing an application for permission or notice of appeal and how to respond—appeals pre-2 December 2024 [Archived] Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 Statutory basis of appeal to the Supreme Court The United Kingdom Supreme Court (UKSC) was created by Part 3 of the Constitutional Reform Act 2005, which took effect on 1 October 2009. The Supreme Court’s jurisdiction aligns with that of its predecessor, the House of Lords (HL). It also...

Read More Right Arrow