Jurisdiction(s):
United Kingdom

Court communications in civil claims under CPR 39.8: obligations, copying, sanctions, PD 5B email/filing, small claims and restraint orders (England and Wales)

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Practice notes

This Practice Note explores when a party or their legal representative may communicate directly with the court under CPR 39.8, and on what terms. It also covers filing documents with the court, including by email.

What are the rules regarding parties communicating with the court pursuant to CPR 39.8?

Under CPR 39.8(1), any communication between a party and the court on matters of substance or procedure must be disclosed to, and if in writing (paper or electronic) copied to, the other party/parties or their representatives, unless:

there is a compelling reason not to do so, which is set out in the communication (CPR 39.8(3)), or
another rule or practice direction permits it (CPR 39.8(7)).

If this requirement is not met, the court may impose sanctions or otherwise exercise its case management powers under CPR 3 (CPR 39.8(6)). For details of the court’s general case management powers under CPR 3, see Practice Note: Case management of civil claims under the CPR.

Any written communication must state on its face that it is being copied to the other party/parties or their representatives, identifying them and their capacity (CPR 39.8(4))...

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Web page updated on 21/05/2026

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