Legal Practice Notes

ARCHIVED: This Practice Note is archived, is no longer maintained, and is supplied for background reference only. In addition, some links may not lead you to the provisions as they stood on the date the guidance in this Practice Note was issued. Jackson Reforms—one year on To align with the significant April CPR amendments, we are pleased to unveil a multimedia update charting the development and effect of the Jackson reforms across the past 12 months. Recorded to mark the first anniversary of the reforms’ implementation, the discussion examines: Litigation risk transfer ( CFAs, DBAs, ATE and third-party funding) Relief from sanctions, proposed changes to Part 3 and costs budgets, and the proposed review of Part 36 Disclosure developments, the interaction with costs budgeting, and practical consequences The panel comprises Neil Smith, Head of Lexis+® UK Dispute Resolution Group; Keith Levene, Legal Director ( Costs Lawyer) at Pinsent Masons; Edward...

ARCHIVED This archived Practice Note is not maintained and is provided solely for background information. Further, some of the hyperlinks may no longer direct you to the provisions as they stood at the date the guidance in this Practice Note was published. Costs budgeting Costs budgeting is presented as a cornerstone of the reforms, seeking to bring control to expenditure during litigation and to ensure costs are kept within reasonable and proportionate bounds. Against that backdrop, what, over the past three months, has been done to help practitioners understand how all of this will operate in practice? Exemptions—will they remain in place? The first point to make is that the court-specific exemptions have been under scrutiny since before the reforms even took effect. A sub-committee of the Civil Procedure Rule Committee has now been convened to consult on whether the costs budgeting exemptions ought to remain....

ARCHIVED: This Practice Note is for historical purposes only. On 1 April 2013, a fresh regime for the management of litigation costs in England and Wales came into effect. Traditional costs estimates, in their previous guise, were swept away, with formal costs budgets installed in their stead. As a central plank of the Jackson Reforms, the aim was to allow the courts to supervise parties’ expenditure during proceedings, thereby ensuring that spending remained reasonable and proportionate—not only by reference to the value of the dispute, but also so that court time was used proportionately across all court users. Despite the substantial time and effort invested in the Jackson Reforms, it was soon recognised that the exemption rules merited further consideration. A consultation has produced an amendment to the costs budgeting exemption, which is due to take effect on 22 April 2014, together with other...

ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: This Practice Note offers a synopsis of the effect of the Jackson reforms across the 12 months to 1 April 2014 and excludes any developments beyond that point in time. A principal aim of the civil litigation costs review (which concluded in the Jackson Reforms of April 2013) was to determine how case management procedures influence costs overall and to assess whether alterations in process and/or procedure might ultimately deliver more proportionate costs......

This Practice Note offers direction on reading and applying the pertinent CPR provisions. The applicable court may impose further requirements, so remain alert to any extra rules—see the section Court specific guidance below for more detail. Depending on the court, those additional provisions may differ. What is a writ of delivery? If a claimant succeeds in a claim for the return of identified goods, the High Court can order the defendant to hand those goods back to the claimant without delay, as directed by the order. Should the defendant not comply within the terms of the order, a writ of delivery enforces that order. This is a High Court-issued document directing High Court Enforcement Officers to secure delivery of the goods by the defendant. A writ of delivery falls within the CPR 83.1(2)(l) definition of a ‘writ of...

This Practice Note sets out guidance on issues-based costs orders, explaining their role and when the court may deem such an order suitable. It also addresses potential pitfalls, instances where the court has considered making such an order against a party who otherwise succeeded overall, and the broad principles guiding the court when imposing an issues-based costs order. Note: before 1 October 2013, the discretion was found in rule 44.3, and earlier authorities cited here refer to that rule. What are issues-based costs orders? An issues-based costs order enables the court to permit or refuse recovery of costs by reference to discrete issues arising within the litigation. The present discretion is contained in CPR 44.2(6)(f), which provides that the paying party must meet the receiving party’s costs incurred in relation to identified issues addressed during the proceedings......

Background This Practice Note explores the law of irritancy within the sphere of commercial leases in Scotland. It examines the distinction between legal and conventional irritancies, the procedure for exercising irritancy, available defences, and the consequences for sub-leases and charge-holders. It does not cover: human rights challenges to irritancy the interaction of irritancy with the corporate insolvency regime irritancy in the context of residential property, see Practice Note: Residential tenancies in Scotland—bringing to an end irritancy in the context of agricultural property, see Practice Note: Irritancy of agricultural tenancies in Scotland Irritancy is a landlord’s remedy that permits termination of a lease following a tenant’s breach. It is equivalent to the English remedy of forfeiture. An irritancy may arise by operation of law or be conventional. Legal irritancy An irritancy arising by law is known as a legal irritancy. Under Scots common law, the sole recognised legal irritancy is for...

Across numerous legal systems, there are few material distinctions between international and purely domestic arbitration proceedings overall. This Practice Note pinpoints circumstances where divergences can occur and evaluates how these variations may affect the arbitral process in practice. You might also wish to consult Practice Notes: Arbitration—an overview of arbitration’s key characteristics, Institutional arbitration—an overview of the principal features of institutional arbitration, Ad hoc arbitration—an overview of the principal features of ad hoc arbitration, and International arbitration—an overview of the principal features of international arbitration for reference. What makes an arbitration domestic or international? A domestic arbitration deals solely with national matters and domestic concerns alone. Broadly, every element of the proceedings connects to one jurisdiction and stays within that legal system at all. For instance, the parties’ nationalities, the contract’s governing law, the location for performance of the contract, and the factual...

This Practice Note sets out the restriction in Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), and Chapter V of the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), concerning the movement of personal data beyond the UK or the EEA or to international organisations. ‘ Assimilated law’ is the term applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related expressions) as assimilated law signals a shift in its standing and handling under UK law, meaning it is, in general, to be read in line with ordinary domestic rules and principles. From 1 January 2024, REUL is treated as ‘assimilated’ within domestic law because, in broad terms, it is divested of EU-derived...

This Practice Note offers a primer on several key aspects of international arbitration. The Practice Note: Arbitration—an introduction to the key features of arbitration, mentioned below, may likewise be helpful to those wishing to understand arbitration as a method for the resolution of disputes, at a general, introductory level. There is no universally authoritative definition of ‘international arbitration’. At its most basic, it is arbitration with some form of an international element. Although the meaning of ‘arbitration’ is well established, there is no broadly and consistently accepted description of the requisite ‘international’ character. In addition, ‘international arbitration’ is often used to signify ‘international commercial arbitration’ (as contrasted, for example, with international investment arbitration) and, accordingly, it is important to determine what is truly ‘commercial’ for these purposes. International commercial arbitration has increased greatly over the past 40 years, partly as a consequence of the...

Interim ‘springboard’ injunctions This Practice Note examines the character and reach of interim ‘springboard’ injunctions, deployed to stop a transgressor securing an unfair competitive advantage arising from unlawful conduct. It addresses the particular circumstances in which an employer may seek a springboard injunction to curb the actions of a former employee, the evidential requirements that must be met to obtain the order, and the means by which protection is delivered in practice. It also considers how the length and breadth of the injunction can be confined and tailored. On occasion, an employer will pursue an injunction to shield themselves from the conduct of a former employee who, before employment ended, breached a post-termination restriction (restrictive covenant) or misused the employer’s confidential information and, by that misuse, gained an unfair competitive advantage over their former employer. An interim order intended to neutralise any unfair...

The Civil Procedure Rules ( CPR) relevant to interim remedies were amended with effect from 6 April 2025. From that date, CPR 25 was replaced in its entirety, and Practice Directions 25A and 25B were revoked. The standard forms in Practice Direction 25A, Annex A and Annex B were also withdrawn on 6 April 2025, namely: draft freezing injunction draft search order draft imaging order Those templates have been superseded, with effect from 6 April 2025, by three model orders: Model Order for a Freezing Injunction Model Order for Proprietary and Freezing Injunctions Model for a Search and Imaging Order PDF versions of these model orders, each offering the option to open and edit the order in Word format, appear under ‘ Related Documents’ for this Practice Note. For further guidance, see Q& A: Where can I find information on the changes to Part 25 coming into force on 6 April 2025? as well...

This Practice Note offers guidance on construing and applying the pertinent CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see below. It outlines how to seek an interim payment order under CPR 25.23, and describes the position once such an order is made, including possible variations and the impact on the eventual resolution of the claim. For when a court may grant an interim payment, see Practice Note: Interim payments—guiding principles. Amends to CPR in April 2025 From 6 April 2025, CPR 25 is significantly revised and Practice Direction 25B, which formerly set out detailed interim payment rules, is revoked. These changes form part of a CPR simplification initiative and are not intended to alter substance. The content of Practice Direction 25B has been folded into the principal text of CPR 25. For more...

This Practice Note sets out what an interim payment order is and the situations in which the court will make one. It covers the requirements for obtaining such an order under CPR 25.23 and explains how the court assesses the sum, namely as a reasonable proportion of the amount likely to be awarded at final judgment. For step-by-step guidance on making an application, see Practice Note: Interim payments—procedure and effect on final judgment. Amends to CPR in April 2025 From 6 April 2025, CPR 25 underwent significant revision and Practice Direction 25B, which formerly contained detailed provisions on interim payments, was revoked. These changes form part of a project to streamline the CPR and are not intended to be substantive. The content of Practice Direction 25B has been absorbed into the main rules in CPR 25. For more, see Practice Note: Interim remedies— CPR Part 25,...

This Practice Note examines what an interim payment on account of costs is, when the court may make such an order, and the presumption that an order will follow where a detailed assessment is anticipated. It also identifies what might constitute a good reason to displace that presumption when costs are to be assessed in detail. In addition, it reviews the relevant case law and considers the position both where costs budgeting has taken place and where it has not. What is an interim payment on account of costs? When the court orders the losing party to pay costs, the receiving party will not obtain payment until costs are agreed or a detailed assessment has concluded, a process that can take a considerable period. The general principle, stated in Mars UK Ltd v Teknowledge (1999), is that a successful party is entitled to their costs and...

This Practice Note examines the damages undertaking—often called a cross‑undertaking—that an applicant must offer the court as the price of securing an interim injunction. You should also consult the following Practice Notes: Interim injunctions—undertakings, setting out the core principles on giving undertakings for interim injunctive relief Freezing injunctions—cross‑undertakings and fortification, especially on fortifying cross‑undertakings The principles in this Practice Note, read with the two notes above, have broad application whenever interim injunctive relief is sought. For guidance on particular orders—freezing, proprietary, search and imaging—see: Freezing injunctions—overview Proprietary asset preservation injunctions—overview Search and imaging orders—overview This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the court dealing with your case, additional requirements may arise—see Court specific guidance below. 6 April 2025 changes The CPR provisions on interim injunctive relief were amended with effect from 6 April 2025. In particular, CPR 25 was...

This Practice Note examines the American Cyanamid test used by the courts to determine whether to grant temporary injunctive relief. It sets out the sources of the court’s authority and the principles that inform a judge’s discretion when considering an interim injunction application under those guidelines. For wider guidance on injunctive relief, including the distinction between interim and final, and between prohibitory and mandatory orders, see Practice Note: Injunctions—guiding principles. For interim remedies focused on preserving assets and/or evidence, see: Freezing injunctions—guiding principles Proprietary freezing injunctions Search and imaging orders—guiding principles Interim delivery up orders and preservation of property This content should also be read in conjunction with: Interim injunctions—on notice applications Interim injunctions—without notice applications Interim injunctions—drafting the order Guiding principles for interim injunctions The jurisdiction to grant interim injunctions arises from section 37(1) of the Senior Courts Act 1981 and CPR...

ARCHIVED: This Practice Note relies on provisions that were revoked on 1 April 2013, and is kept solely for historical reference and context purposes. Following the creation of the Supreme Court, the Supreme Court Costs Office has now been renamed the Senior Courts Costs Office. The related guide has not yet been updated and therefore still carries the title Supreme Court Costs Office Guide. When to apply A receiving party may seek an interim costs certificate at any point once a request for detailed assessment has been lodged. The court may issue an interim costs certificate for such sum as it considers appropriate. After the receiving party has submitted a request for a detailed assessment hearing, the court retains power to vary or set aside an interim certificate at any time. When is an interim costs certificate appropriate?......

This Practice Note sets out the principal considerations when assessing if, and to what breadth, costs of interim applications can be recovered. It reviews the range of costs orders that may follow an interim application hearing, and explains the approach where an interim application is settled. It also touches on applications within the fixed costs regime and the consequences of non-payment of interim costs orders. Right to costs recovery following an interim application Even a successful party has no automatic entitlement to the costs of issuing or opposing an interim application. Recovery depends entirely on the court’s discretion. Where the court chooses to award costs, the order must expressly provide for them. In the absence of any costs provision, the order is treated as making no award to either side, notwithstanding that one (or more) party may have succeeded on the...

This Practice Note sets out guidance on recovering interest on judgment debts. For details on interest at the point of issue: a claim—see Practice Note: Claiming interest a foreign currency claim—see Practice Note: Foreign currency claims—interest on damages claims and judgment debts When and at what rate do judgment debts attract interest? By virtue of section 17 of the Judgments Act 1838 ( JA 1838) and the Judgment Debts ( Rate of Interest) Order 1993, SI 1993/564, judgment sums accrue simple interest at 8% per annum until paid, unless court rules provide otherwise. This rate has applied since 1 April 1993. The court has no power to alter the statutory rate under JA 1838 ( School Facility Management v Governing Body of Christ the King College (applying Rocco Giuseppe v Tradax Export and Chubb v Dean) and Schlumberger Holdings v...