Jurisdiction(s):
United Kingdom

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Key definition

Remedy definition

What does Remedy mean? Remedy is the court’s practical response to a proven or threatened wrong: the order or award that vindicates a right, prevents harm or restores parties to the correct position. It is not exhaustively defined in legislation; scope derives mainly from common law and equitable case law, supplemented by statute. Common civil remedies include damages (compensatory, restitutionary and nominal; exemplary/punitive only in narrow categories), injunctions/interdicts (interim and final, including freezing and search orders), specific performance/specific implement, declaratory relief, rescission or rectification (reduction in Scots law), delivery up, account of profits and restitutionary orders. Usage is broadly consistent across England & Wales, Scotland, Northern...

CPR 3.10: Scope, limits and case law on remedying procedural errors—claim form, service, jurisdiction, costs budgets and enforcement (England and Wales)

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Practice notes

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What is an error of procedure?

Procedural missteps may occur in the course of litigation. In certain situations, CPR 3.10 permits the court to correct such a misstep. CPR 3.10 empowers the court to make an order to cure an ‘error of procedure’. The central issue, therefore, is what amounts to an error of procedure.

In Steele v Mooney, the Court of Appeal noted that procedural errors can take many forms and are not confined to non-compliance with a rule or practice direction. When considering the phrase, the Court of Appeal concluded there is no need to give ‘error of procedure’ in CPR 3.10 an unduly narrow meaning, as a restrictive interpretation would generate difficult classification questions. That, in turn, would undesirably foster uncertainty and intricate submissions about how an error should be characterised. A broad, common-sense approach should therefore be taken.

In Aquila WSA Aviation Opportunities II v Onur Air Tasimacilik, albeit in an obiter section of the judgment, the judge considered whether typographical slips or similar mistakes would fall within procedural error. The judge observed that: ‘It is not safe to assume’...

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Web page updated on 21/05/2026

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