Jurisdiction(s):
United Kingdom

Gotti v Perrett [2025] EWCA Civ 1168: pre‑action injunctions are ‘proceedings’; CPR 3.10 can deem N16A a claim form, enabling damages and costs on discharge (England and Wales)

Published on: 07 October 2025

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Article summary

Gotti v Perrett [2025] EWCA Civ 1168

What are the practical implications of this case?

The circumstances addressed in this judgment, and the issues it engages, are out of the ordinary and unlikely to feature frequently. Nevertheless, as the Court of Appeal remarked when granting permission for this second appeal, the issuing of a claim form is fundamental to civil litigation in this jurisdiction. Accordingly, it has wider resonance to recognise that a pre-action application for injunctive relief amounts to ‘proceedings’ for various purposes under the CPR. It is also of note that the power in CPR 3.10 to remedy procedural errors is sufficiently expansive and effective to allow an application notice to be treated as a claim form.

What was the background?

The appellant, the founder of a nationwide cosmetic surgery business, became embroiled in a dispute with the respondent, an independent advocate for cosmetic surgery patients. The respondent posted a series of comments on social media which the appellant found objectionable...

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