Legal Practice Notes

Civil justice reform See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for up‑to‑date guidance on the current rules and day‑to‑day practice of the Scottish civil courts in relation to remote hearings and the electronic signing, electronic transmission and lodging of documents. This Practice Note outlines group procedure in Scottish civil litigation and carefully addresses the preliminary applications that must be sanctioned by the court before any group proceedings can properly be commenced. It opens with a concise account of the origin and the core statutory framework governing group procedure. It then considers the two applications requiring the court’s approval before such proceedings may start: the application to authorise the proposed representative and the application seeking permission to bring group proceedings. For practical guidance on the conduct of group proceedings after permission has been granted, see Practice Note: Group procedure in...

With effect from 6 April 2023, the provisions in CPR 19 were re-numbered and revised by the Civil Procedure ( Amendment) Rules 2023, SI 2023/105—see: LNB News 02/02/2023 98— Amendments to the Civil Procedure Rules in force on 6 April 2023— The Civil Procedure ( Amendment) Rules 2023. Further, modest revisions were made to CPR PD 19B by the 153rd Practice Direction update to the CPR—see: LNB News 07/02/2023 72—153rd Practice Direction update—changes in force 31 January 2023 and 6 April 2023. The provisions concerning group litigation orders ( GLOs) are contained in CPR 19.21 to CPR 19.26 (previously CPR 19.10 to CPR 19.15) and CPR PD 19B. Note that many of the authorities cited below (handed down before 6 April 2023) use the prior numbering. Where the substance of a provision has altered since the judgment, this is...

When do these fees apply? The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007), read together with the Taking Control of Goods Regulations 2013, SI 2013/1894, prescribes the process for taking control of goods: to satisfy a judgment debt (see: Taking control of the debtor’s goods—overview), or under the commercial rent arrears recovery ( CRAR) regime (see Practice Note: Commercial rent arrears recovery ( CRAR)) The act of taking control of goods is undertaken by authorised enforcement agents. They may levy specified fixed fees set out in the Taking Control of Goods ( Fees) Regulations 2014 ( Fees Regulations), SI 2014/1. The Fees Regulations draw a distinction between: enforcement other than under a High Court writ (this therefore includes the CRAR process or a County Court warrant of control), and enforcement under a High Court writ The fixed-fee framework is organised by stages of...

Practice Note—deadlines/time limits for statements of case in CPR 7 claims This Practice Note explains the applicable deadlines for filing and serving statements of case in CPR 7 proceedings when the claim form is served in England and Wales. It details the periods for both service and filing of the following court documents, and highlights the implications of failing to file or serve a statement of case on time: the claim form the particulars of claim the acknowledgement of service the defence a counterclaim a defence to a counterclaim a reply It does not extend to the Admiralty courts, which have their own rules. These time limits apply only to claims brought under CPR 7. For claims under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims...

This Practice Note sets out guidance on expert evidence in the Chancery Division. It addresses when experts are pertinent to Chancery claims, the obligations imposed on them, control of expert material (including CPR 35.4), the role of single joint experts ( SJEs), meetings between experts, preparation of reports, and how expert opinion is presented at trial, whether concurrently through ‘hot‑tubbing’ or by the conventional adversarial route. It also considers the consequences of non-compliance with expert obligations and offers practical pointers for handling expert evidence in the Chancery Division. Note: CE- File electronic working is compulsory for professional court users in the Chancery Division. For further detail on electronic working, see Practice Notes: When and where is CE- File applicable?—from 1 October 2025, How to use CE- File—from 1 October 2025 and Electronic communication and filing of documents by email— CPR PD 5B Claims...

ARCHIVED: Note: this Practice Note offers guidance solely on the measures introduced in April 2013. It does not address any later procedural changes (whether to the CPR or to other procedural rules). Nor does it deal with the implementation or construction of the April 2013 procedural updates (or any that followed). For guidance on the Jackson Reforms a year later and on later CPR updates, see Practice Note: Jackson Reforms—one year on [ Archived] and CPR updates—overview respectively. The fresh provisions in CPR 32.2(3) took effect on 1 April 2013. This Practice Note provides guidance only on the new provisions at CPR 32.2(3). You should also reflect on the impact that other provisions may have on witness evidence, including other Jackson Reforms, the Code of Conduct, and any relevant court guide provisions......

This Practice Note looks at the tasks of pinpointing and interviewing potential witnesses, working with them on their witness statements, and supporting them to give evidence in court. For direction on preparing trial witness statements in the Business and Property Courts, see Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. It should also be read alongside Practice Note: Courts’ power to manage factual evidence, which explains the courts’ authority to control factual evidence under CPR 32.1 and CPR 32.2(3). Choosing witnesses Witness testimony at trial can be decisive for the success or failure of a claim or the defence of it. This Practice Note outlines how to collaborate effectively with a witness when preparing such evidence. Importance of planning witness evidence In claims that turn mainly on facts, outcome may hinge on whether a particular witness is regarded as...

This Practice Note considers the duty of full and frank disclosure in without notice applications for freezing injunctions. This Practice Note reviews the obligation of full and frank disclosure on without notice applications for freezing injunctions. For related guidance on that obligation in the broader context of without notice applications generally, see also the following Practice Notes: Interim injunctions—without notice applications— Duty of full and frank disclosure Cross-border service—full and frank disclosure The duty to supply full and frank disclosure likewise extends to applications issued on short notice and will apply in that context as well. For further detail, including references to cases concerning freezing injunction applications, see Practice Note: Interim injunctions—on notice applications. Note that the guidance in this Practice Note centres on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is...

This Practice Note is for use when determining applicable law where the contract was entered into on or after 1 January 2021. Where a contract predates 1 January 2021, the UK courts will apply an alternative governing law regime. The regime engaged turns solely on the contract’s date of conclusion. Accordingly, the applicable framework is date‑sensitive. For an overview of the distinct regimes and how they interact and interrelate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. It is a key point of reference when addressing law applicable to such contracts. That instrument governs the choice of law for contracts concluded on or after 1 January 2021. Formerly styled Retained Rome I, from 1 January 2024 it has been termed Assimilated Rome I—the rebranding affects the title alone, not the substance of its...

STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), and coming partly into force that day. Provisions dealing with issues such as handling data subject access requests and granting powers to make supplementary regulations took effect immediately on 19 June 2025. Further measures, relating to notices issued by the Information Commissioner and certain elements of law enforcement processing, started on 19 August 2025 (two months after Royal Assent). Most other elements of DUAA 2025 will only commence once additional regulations, in the form of statutory instruments, are made. Such secondary legislation is required to bring the majority of the Act’s remaining provisions into operation. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of the UK’s data protection and e Privacy...

This Practice Note addresses several frequently asked questions that may arise when deciding whether to pursue a Third Party Debt Order ( TPDO). For guidance on what a TPDO is and the steps to obtain one, see Practice Notes: What is a third party debt order ( TPDO)? How to apply for a third party debt order ( TPDO) Does a TPDO have to be issued against a financial institution? No. You can apply for a TPDO against any third party within the jurisdiction that owes money to your debtor. This extends to an individual who is a debtor of the judgment debtor. Can a TPDO be made in respect of cryptocurrency? Following the decision in Ion Science Ltd v Persons Unknown (2020) (not reported by Lexis Nexis), the High Court confirmed that crypto assets are capable of being treated as property and can be traced and...

Has a complete agreement been reached? It may seem peculiar to ask if a full agreement exists at the very moment the parties have decided that one of them will prepare a settlement draft. Yet practical experience shows that, once drafting begins, it can emerge that certain matters were never fully covered in the negotiations. As a result, the drafting stage can prompt fresh discussions before the complete set of terms is finally settled. This can be monitored during talks by using a checklist reflecting the headings in this Practice Note, while also allowing for the distinctive subject matter of the dispute in question. Some items may have been purposely left open. Parking a difficult point until drafting can be a tactical step, taken because one side believes compromise on that issue might be easier later than if confronted earlier. To meet that tactic, a...

This Practice Note reviews the general jurisdiction gateways that may apply irrespective of the nature of the claim (the general grounds). They include: claims seeking relief against a person domiciled in England and Wales (gateway 1) claims against a person over disputes arising from the operations of a branch, agency or other establishment (gateway 1A) applications for an injunction to compel or restrain conduct in England and Wales (gateway 2) additional claims under Part 20 where the person to be served is a necessary or proper party to the original or additional claim (gateway 4) ancillary claims founded on the same or closely related facts as the principal claim (gateway 4A) This Practice Note should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Gateway 1—the remedy is against a person domiciled in England and Wales Gateway 1 ( CPR PD 6B, para 3.1(1)) provides that the claimant may serve a claim form out of...

This Practice Note explores concerns faced by legal advisers when seeking to secure evidence and documents from an unco-operative former employee while representing their previous employer in a dispute. It focuses on practical steps and procedural options available in such circumstances for employers and their representatives alike. Normal practice requires a witness statement The standard method of presenting oral testimony from a factual witness at trial is to serve a witness statement, expressing in the witness’s own language the evidence they can provide on the issues to be proved or challenged by the party intending to call them. Guidance on the purpose and preparation of such statements is set out in Practice Note: How to write a credible witness statement. Where an ex-employee declines to supply a witness statement before trial, a party may apply for the court’s permission to serve a witness summary of that...

This Practice Note summarises illustrative cases relevant to search and/or imaging orders dated from 6 April 2025 onwards This note outlines representative authorities concerning search and imaging orders from 6 April 2025. For significant and illustrative rulings predating 2025, consult Practice Note: Search orders—key and illustrative decisions (pre- April 2025) [ Archived]. Be aware that the CPR provisions concerning interim injunctive relief, covering search and imaging orders, were updated with effect from 6 April 2025. CPR 25 was substantially revised and the related Practice Directions were revoked on that date, including the specimen draft search order in Annex A of Practice Direction 25A and the example imaging order that had been added to Annex B of Practice Direction 25A on 6 April 2022. These were replaced on 6 April 2025 by a new model search and imaging order (the ‘model search and imaging...

Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note also explains special procedures in civil appeals in the Scottish Sheriff Appeal Court, including devolution matters, human rights interventions, taking proof or further proof, and remitting the appeal to the Court of Session. For guidance on other aspects of civil appeals to and within the Scottish Sheriff Appeal Court, see these Practice Notes: Introduction to the Scottish Sheriff Appeal Court — which considers the Sheriff Appeal Court’s jurisdiction, the types of cases it can hear, and whether permission to appeal is required Starting an appeal in the Scottish Sheriff Appeal Court — which provides guidance on...

Practice Note on pursuers’ offers in Scottish civil litigation This Practice Note focuses on pursuers’ offers within Scottish civil proceedings, preserving the core guidance and context provided... Further guidance Judicial tenders: see Practice Notes— Tenders in Scottish civil litigation—nature, purpose and expenses implications; Making and responding to judicial tenders in Scottish civil litigation; and Tenders in multi-party Scottish civil litigation Expenses and taxation: see Practice Note— Judicial expenses and taxation in Scottish civil litigation ADR: see Practice Note— Alternative dispute resolution in Scotland Other key areas of Scottish law and procedure: see our Scotland collection Closest equivalent in England and Wales: see Part 36 offers—overview, which links to detailed guidance on various aspects, including Precedents, on Part 36 Key RCS— Rules of the Court of Session 1994 OCR— Sheriff Court Ordinary Cause Rules...

For guidance on how Brexit affects Scottish procedure, refer to Practice Note: Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member States... The Insolvency ( Scotland) ( Company Voluntary Arrangements and Administration) Rules 2018, SI 2018/1082, alongside the Insolvency ( Scotland) ( Receivership and Winding up) Rules 2018 ( ISRWUP Rules 2018), SSI 2018/347, came into effect on 6 April 2019. This Practice Note is drafted by reference to those provisions (with the ISRWUP Rules 2018, SSI 2018/347 being the ones particularly pertinent here). It does not consider transitional provisions, on the basis that only a small number of cases are expected to remain where such measures would still apply... As in England, the appointment of a provisional liquidator is regulated by section 135 of the Insolvency Act 1986 ( IA 1986) and is pursued while the court...

Practice Note Use this Practice Note to identify the governing law before the courts of England and Wales for harmful events that took place between 11 January 2009 and 31 December 2020. Where incidents happened outside those dates, the UK courts will apply an alternative choice-of-law regime, and the regime engaged turns solely on the date of the occurrence. If the date falls outside that span, a different regime applies, selected by reference to timing of the event. For direction on those regimes and how they interrelate, see Practice Note: Applicable law regimes. It summarises the special rules governing particular heads of claim under Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations ( Rome II). The topics include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property ( IP) rights, industrial action, unjust...

What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or...