Legal Practice Notes

This Practice Note examines matters concerning interest in the context of foreign currency claims. It addresses seeking interest on claims stated in a foreign currency, issues where the substantive law is a foreign law, and interest on judgment debts expressed in a foreign currency. For guidance on foreign currency claims, see Practice Note: Foreign currency claims. For guidance on foreign currency aspects of costs orders and interest on costs, see Practice Note: Cross-border disputes—costs considerations. For general guidance on: interest, see Practice Notes: Claiming interest and Claiming interest—compound interest judgment debt, see Practice Note: Interest on judgment debts Pleading interest Where a claim is advanced in a foreign currency, interest can be sought by reference to the applicable foreign rate. For the court to apply that foreign rate, it must: be pleaded in the particulars of claim (see Practice Note: Claiming...

This Practice Note examines and summarises the position on interdict and interim interdict in Scotland. For guidance on: some other forms of relief in Scottish civil litigation, see the Practice Notes titled Retention and rescission in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation the nearest equivalent procedures in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview, and Search and imaging orders—overview, which, as well as setting out overviews of these different forms of injunction, link through to more detailed guidance on diverse aspects of such injunctions in England and Wales Key: CCA 1981— Contempt of Court Act 1981 CSA 1988— Court of Session Act 1988 CR( S) A 2014— Courts Reform ( Scotland) Act 2014 RCS— Rules of the Court of Session 1994 SCCR— Act of Sederunt ( Sheriff Court Caveat Rules) 2006, SSI 2006/198 SC( S) A 1907— Sheriff Courts (...

This Practice Note This Practice Note sets out key points when appointing an expert under CPR 35 and the Guidance for the instruction of experts in civil claims. It emphasises choosing the right moment to engage an expert, with pointers on matters to weigh up, particularly where instruction is contemplated before issue of the claim form. It also offers practical help on preparing the letter of instruction and any supporting materials. It covers dealings with experts, including questions of privilege. When instructing experts you should have regard to: all pertinent CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims (“the Guidance”). See Practice Note: under the Guidance for the instruction of experts in civil claims the Practice Direction Pre- Action Conduct and Protocols, para 7, and any other protocol applicable to the claim type any other guidance relevant to their...

This Practice Note is for law firms and individuals regulated by the SRA. It reviews the requirements in the SRA Codes of Conduct when instructing third parties. A separate Practice Note covers situations where clients are sent to you by third parties—see Practice Note: Referral and fee sharing arrangements. See also section: Difference between instructing and introduction to a third party and separate Practice Note: Introductions to third parties. SRA regime The SRA's core regulatory requirements are contained in the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs ( Code for Individuals) and the SRA Code of Conduct for Firms ( Code for Firms), and should be read in the context of the SRA Principles. Difference between instructing and introduction to a third party The SRA Codes of Conduct impose specific obligations concerning ‘referrals, introductions and separate businesses’. Although not completely clear, the wording of the Codes...

What is institutional arbitration? An institutional arbitration is a process managed by an arbitral body selected by the parties, and conducted under that body’s arbitration rules as agreed by the parties. The term institutional arbitration is also known simply as administered arbitration......

This Practice Note sets out how to commence an alternative dispute resolution ( ADR) process. It considers scenarios where the parties are, or are not, subject to an ADR clause within a contract and, if they are, whether that clause prescribes the method for starting the ADR process... Are the parties bound by an ADR clause? Where a dispute arises under a contract, the agreement may include a ‘dispute resolution clause’ or an ‘ ADR clause’ that obliges the parties to adopt a specified form or forms of ADR to settle disagreements before turning to litigation or arbitration. For details on the different ADR mechanisms, see Practice Note: Which form of ADR? For guidance on the range of dispute resolution clauses, see Practice Note: Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses. If an ADR clause exists, it is vital to follow the...

This Practice Note explores the position concerning the diligence of inhibition in Scotland. For direction on: other types of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a range of diligences available in Scotland the counterpart in England and Wales, see: Introduction to enforcement—overview which, as well as providing an overview of this area, links to more detailed guidance on various aspects of domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, in addition to offering an overview of this topic, links to more detailed guidance on multiple aspects of cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence ( Scotland) Act 2024, which...

This Practice Note sets out how to interpret and apply the pertinent provisions of the CPR. Depending on the court in which your case is progressing, you may need to heed additional requirements—see the section Court specific guidance below. The default position is that, to bring an application, the applicant must file an application notice ( CPR 23.3). For direction on application notices and on filing, refer to these Practice Notes: The application notice—form N244 Filing and serving applications That said, there are instances where an application may proceed without the formality of an application notice. An applicant may do so if: a rule or a practice direction permits it, or the court waives the need for an application notice Two common scenarios in which the court may deal with an application made without an application notice are simple...

This Practice Note examines the need for the representor to have both intended and in fact caused the representee, through their misrepresentation, to enter into the contract. For guidance on the remaining core components of an actionable misrepresentation, refer to the following Practice Notes: Misrepresentation—what statements can found a claim? Misrepresentation—falsity (fraudulent, innocent or negligent misrepresentation) The main elements of inducement in misrepresentation claims The claimant must be able to demonstrate that the representation led them to enter into the contract......

This Practice Note provides an overview of individual voluntary arrangements ( IVAs) and how they affect legal proceedings from a dispute resolution standpoint. What is an IVA? An IVA is a contract made between an individual and their creditors (and potentially involving third parties) to compromise that person’s debts, or to implement a scheme for managing their affairs, under the Insolvency Act 1986 ( IA 1986). The precise form and terms of any composition or scheme are determined by the debtor and the creditors, assisted by an insolvency practitioner—called the nominee before approval of the IVA, and the supervisor afterwards. IVAs are put forward when an individual faces financial difficulty, and may often follow the presentation—or the threatened presentation—of a bankruptcy petition, or be advanced to head off a threatened petition. The usual objective of an IVA is the discharge of...

ARCHIVED: This Practice Note is founded on provisions revoked on 1 April 2013 and is retained for historical purposes. General Where costs are assessed on the indemnity basis, the court will proceed as follows: disallow costs that have been incurred unreasonably or are plainly unreasonable in amount overall disregard entirely whether or not the costs are proportionate resolve any uncertainty about whether costs were reasonably incurred in favour of the receiving party CPR guidance The CPR provides no express guidance on when indemnity costs will be awarded, although it does specify two situations in which such orders are likely to be made: costs payable under a contract......

This Practice Note sets out summaries of costs judgments where the court declined to order indemnity costs. It identifies the principal question determined in each matter and offers observations on the ruling. Every matter is fact-specific; accordingly, these decisions are intended only to illuminate the court’s approach and should not be treated as precedents for how the courts will proceed in any particular circumstance. For examples of cases where indemnity costs were allowed, see Practice Note: Indemnity costs permitted—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles. Indemnity costs refused Case and citation: Gagliardi v Evolution Capital Management LLC [2025] EWHC 3488 ( Comm) Issue: Whether indemnity costs ought to be ordered against the defendant because the substance of its defence and counterclaim took the dispute outside the norm. Comment: As to indemnity costs, it was...

Indemnity costs orders This Practice Note reviews costs orders made on the indemnity basis (indemnity costs orders). A court can direct that costs be assessed on this basis, meaning any uncertainty over the sums claimed is resolved for the benefit of the receiving party. By contrast, on the standard basis any doubt is resolved in favour of the paying party, with costs determined and any hesitation as to whether they were reasonably incurred or reasonable in amount treated as favouring the receiving party ( CPR 44.3(3)). The Note outlines the meaning of indemnity assessment, summarises the CPR guidance, and describes how the courts exercise their broad discretion when considering indemnity costs, including deciding whether features exist that take the matter out of the norm (the essential test identified in the leading Court of Appeal authority, Excelsior Commercial & Industrial Holdings v Salisbury Hamer Aspden &...

Scope of this Practice Note There is no stand-alone civil cause of action labelled ‘illegality’. Nonetheless, questions of illegality may surface within civil proceedings, most often as a defence advanced to resist a claim. a breach of contract action may attract a defence that the contract’s creation or its performance is, or would be, unlawful likewise, a restitutionary claim may face a defence founded on the asserted illegality of the underlying transaction At common law, a useful early touchstone is the maxim ‘ex turpi causa non oritur action’: no right of action arises from illegal or grossly immoral acts. Thus, where the claimant’s own conduct is in some respect illegal or immoral, the point arises as considered by Lord Mansfield in Holman v Johnson: if, on the claimant’s own case or otherwise, the cause of action is shown to spring from an ex turpi cause, or from a...

This Practice Note outlines how to identify documents relevant to the issues in dispute that may need to be disclosed under CPR Part 31, and provides guidance on interpreting and applying the pertinent CPR provisions. Depending on the court, additional provisions may apply—see Court specific guidance below. Initial stages On receipt of instructions, ask the client about, and review, the entire universe of documents within their control. Also enquire how the client manages and stores information, with particular focus on electronic material. For background on electronic documents, see Practice Note: Electronic disclosure— CPR Practice Direction 31B— Guidance on scope of e-disclosure. The client may not know or wish to engage at that point, but it is prudent to persevere so that any later disclosure exercise is manageable. See Practice Notes: Disclosure—solicitors' obligations and Disclosure: parties duties. This enables you to isolate potential issues around...

This Practice Note sets out the principal considerations that inform civil judges when determining the disputes before them, addressing their function, their handling of evidence, and how they explain the reasons for their rulings. HHJ Paul Matthews has emphasised these themes in several judgments, notably Morgan v Morgan (considered below) and Car- Wizard v Vixen Surface Treatments. For broader guidance on courts and the legal profession, see Court and the legal profession—overview. For a standard schedule of civil litigation, consult Practice Note: Typical timeline—civil proceedings. The role of the civil judge In civil proceedings in England and Wales, judges decide disputes on the basis of the material and submissions the parties place before the court. They are akin to referees or umpires in litigation. Judges do not search for evidence or act as investigators. Instead, each party must: locate and present to the court the...

This Practice Note outlines the aims of the Protocol, effective from 13 January 2020, which concerns residential property located in Wales. It addresses the Protocol’s scope and the possible outcomes of non-compliance, the obligation on both sides to consider ADR, the required content of a tenant’s letter of claim and the landlord’s reply, the use and instruction of experts, costs, limitation, and the duty on tenants to permit reasonable access for inspection and remedial works. Before turning to the Protocol, a tenant should make sure the landlord already knows about the disrepair, as the Protocol is designed for situations that remain unresolved, despite the landlord being on notice of the defects and the need for repair. Scope The Protocol applies solely to residential property in Wales and covers claims by tenants and others (including lessees and members of the tenant’s family) arising from housing...

Greenwashing This Practice Note explores the notion of ‘greenwashing’ and the various litigation exposures it generates within the legal system of England and Wales. Note: where greenwashing risk is assessed under the Financial Services and Markets Act 2000 ( FSMA 2000), it applies only to UK publicly traded companies or companies seeking admission to a UK stock market, and to their directors, in connection with claims concerning misleading statements and omissions in a company’s prospectus and published information. Where greenwashing is considered in the context of section 463 of the Companies Act 2006 ( CA 2006), it is relevant to all UK companies. ‘ Greenwashing’ is a term of art originating in discussions around environmental and climate change matters, as set out below. It is also frequently mentioned alongside ‘ ESG’, a collective label for the environmental, social and governance elements of a...

This Practice Note explores how the doctrine of forum non conveniens operates where Regulation ( EU) 1215/2012, Brussels I (recast), governs the dispute. For an overview of the core rules, see Practice Note: Forum non conveniens—principles. As the UK has withdrawn from the EU, this analysis is relevant only where the Brussels I (recast) jurisdictional scheme continues to apply under the transitional arrangements. For further detail, see Practice Note: Brussels I (recast)—application to the UK post IP completion day (jurisdiction) [ Archived]. Application of Brussels I (recast) In proceedings where jurisdiction falls to be resolved under Regulation ( EU) 1215/2012, Brussels I (recast), courts in England and Wales must give effect to the Regulation as construed by the Court of Justice. In consequence, the doctrine of forum non conveniens cannot be invoked, following the Court of Justice’s ruling in Owusu v Jackson. Although Owusu...

This Practice Note examines the jurisdictional service gateways, or bases for service, contained in CPR PD 6B, para 3.1(6)–3.1(8), which address contractual claims. It sets out the relevant contract gateways and offers practical guidance on the manner in which the courts have interpreted and applied them in practice. When considering these gateways, note that: they have been amended multiple times and caution is needed when relying on earlier authorities. For details, see Practice Note: Tracker—changes to Part 6 and practice directions 6A and 6B the range of gateways has increased over time and earlier authorities may concern scenarios for which a newer gateway would now be better suited Accordingly, care is required when identifying the appropriate gateway for any given circumstance. This Practice Note should be read alongside Practice Note: Cross-border...