Jurisdiction(s):
United Kingdom

Key definition

CPR definition

What does CPR mean? In civil litigation practice, CPR refers to the civil procedure rules governing procedure in the High Court and County Court of England and Wales. Read with their Practice Directions, the CPR set out how claims are issued and served, case management, disclosure, evidence, trials, appeals, enforcement and costs, including detailed assessment in the Senior Courts Costs Office (scco). The rules are made under the Civil Procedure Act 1997 by the Civil Procedure Rule Committee; “CPR” is practitioner shorthand rather than a defined statutory term. The CPR and Practice Directions are published on the Ministry of Justice website...

Protective Proceedings to Prevent Limitation Expiry: Strategy, Pre-Action Compliance, Service, Extensions, Stays, Funding and Costs in Insolvency and Civil Claims (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Protective proceedings

In English civil litigation and insolvency, protective proceedings are a vital device for preserving a party’s position while substantive rights are determined. They are commonly deployed to:

prevent limitation periods from lapsing,
obtain interim relief, and
safeguard assets and evidence at risk of dissipation or destruction.

This Practice Note concentrates on their role in avoiding the expiry of limitation periods and the practical factors that must be weighed. Although their aim is to uphold justice and procedural fairness, using them calls for nuanced strategy that goes well beyond simply issuing a claim or application. Protective proceedings need careful planning. Decisions should address not only the procedural frameworks in the Insolvency Act 1986, the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, the CPR and relevant case law, but also the commercial context, evidential thresholds and potential cost consequences. A hasty or thinly supported protective step may attract adverse costs orders, damage reputation or draw judicial criticism, whereas a well-timed and well-substantiated claim/application can firmly secure a party’s litigation position and leverage in...

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Gemma Kaplan

Pinsent Masons

Gemma heads up Pinsent Masons' Restructuring Dispute Resolution practice and is our contentious insolvency specialist with 15 years' experience. She regularly acts for a large number of clients advising insolvency practitioners and lenders on corporate insolvencies and complex bankruptcies. Additionally, Gemma regularly advises invoice discounters/factors and asset-based lenders, carving out a niche in recoveries and restructuring advice in the receivables finance industry. She has experience in fraud investigations and often advises insolvency practitioners regarding claims arising out of directors' breaches of statutory duties. Most recently Gemma has advised the provisional liquidators of RTI Limited (a Jersey based company) and obtained recognition of their appointment in the English courts.Gemma is also advising a PE fund on enforcement of a £20m personal guarantee which is subject to New York law but being enforced in England & Wales under a non-exclusive jurisdiction...

Web page updated on 22/05/2026

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