Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Defendant definition

What does Defendant mean? In legal practice, “defendant” describes the party against whom court proceedings are brought, whether a civil claim or a criminal charge. In England and Wales the term is defined in the Civil Procedure Rules (CPR 2.3) as a person against whom a claim is made; it is also used in the Criminal Procedure Rules. Northern Ireland follows similar usage. In Scotland, the civil counterpart is the “defender” (claimant is the pursuer), and in criminal cases the person is referred to as the “accused” (also the “panel” in solemn proceedings). In Ireland, civil procedure uses “defendant” under the Rules of...

Practical and procedural guide to misuse of private information and related media claims in England and Wales: CPR 53B, PAP, Norwich Pharmacal, anonymity, private hearings, reporting restrictions, limitation, costs, SLAPPs

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Practice notes

This Practice Note addresses practical and procedural matters that may emerge in a privacy claim. It spans multiple sequential phases of litigation, including:

identifying the defendant,
drafting a letter of claim,
anonymising the parties,
and preserving confidentiality during court hearings.

Alternatives to litigation are reviewed and discussed as well. See also Practice Note: Starting a claim for misuse of private information—a practical guide.

brexit

This Practice Note contains multiple references to the European Convention on Human Rights (ECHR), which is given effect in UK law by the Human Rights Act 1998 (HRA 1998).

Brexit has produced no automatic change to either HRA 1998 or to the incorporation of the ECHR achieved through HRA 1998.

The ECHR is an international treaty safeguarding human rights in states that are part of the Council of Europe, a body wholly distinct from the EU.

The UK remains a member of the Council of Europe.

Note that the EU-UK Trade and Cooperation Agreement confirms that the bilateral arrangement does not modify the UK’s obligations under the ECHR, and that it may ultimately be terminated if either party to the agreement denounces the ECHR...

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Web page updated on 22/05/2026

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