Legal Practice Notes

Practice Note This Practice Note explains which documents must accompany the claim form on service upon the defendant. What needs to be included varies with the claim route ( Part 7, Part 8 or Part 20) and whether service is within England and Wales or in another jurisdiction. Documents addressed include: the particulars of claim; the response pack ( Form N9), containing admission forms ( Forms N9A and N9C) and defence and counterclaim forms ( Forms N9B and N9D); the acknowledgment of service (various); notes for the defendant responding to the claim form (various); and the notice for service out of the jurisdiction where the court’s permission is not required ( Form N510). The Practice Note also covers providing an initial disclosure list of documents. It is essential to make sure the defendant receives every required document, as any failure to serve the...

This Practice Note sets out guidance on what amounts to a consent order or a judgment, when court approval is needed to enter into a consent order, the required form of a consent order, and the circumstances in which parties can seek to vary or set one aside. It also addresses the court’s discretion to extend time for complying with consent orders. The Practice Note explains how the relevant provisions of the CPR should be interpreted and applied. You should also consider whether any additional court-specific requirements are engaged—see the main section: Court specific guidance below... What are consent orders and judgments? A consent order is a court judgment or order reflecting terms agreed between the parties. Depending on the breadth of the consent order or judgment, and whether any party appears as a litigant in person, the court may enter and seal it. In other...

When considering a claim for damages When a claim for damages is assessed (see Practice Note: Contractual damages—general principles and related content), the court applies the doctrines of causation and remoteness. A party’s responsibility to reduce its loss is addressed in Practice Note: Mitigation in civil damages claims. For assistance on causation within professional negligence, consult Practice Note: Causation and remoteness in professional negligence claims. For tort-based claims, see Practice Note: Causation and remoteness in tort and negligence claims. Note: matters concerning causation and the ‘but for’ test within the specific arena of insurance policy wording fall outside this Practice Note, but were examined in depth in the coronavirus ( COVID-19) test case, The Financial Conduct Authority ( FCA) v Arch Insurance ( UK) Ltd, the judgment emphasising the necessity of homing in on the central issue in ‘but for’...

This Practice Note examines res judicata and introduces whether it can be invoked in relation to a foreign judgment. It is necessary to decide if the foreign judgment will be recognised and whether it is res judicata. The Practice Note addresses particular matters concerning foreign judgments and the doctrine of merger in judgment, issue estoppel and abuse of process, together with defences to res judicata in respect of a foreign judgment and res judicata concerning foreign arbitral awards. This Practice Note assumes a general understanding of the common law doctrine of res judicata. For guidance, see Practice Note The doctrine of res judicata. Relevance of res judicata for foreign judgments The relevance of res judicata is that a foreign judgment functions as a defence to proceedings in the courts of England and Wales. Where a foreign court has given a judgment in a civil or...

Note that, on 6 April 2025, amendments to CPR 25 took effect, re-numbering the former provisions and revising some of the wording relating to security for costs. The previous version of rule 25 can be accessed here: This Practice Note examines the Crabtree principle and its application. It also gives examples of counterclaim cases where the Crabtree principle may not apply. What is the Crabtree principle? When an order for security for costs is made, failure to comply with that order will result in the claim being struck out. This can produce an unjust outcome where there is a counterclaim with its own independent vitality, as the parties’ issues would still be fought out on the counterclaim, creating one-sided litigation. In such circumstances, the courts will seek to ensure fairness between the parties by applying what is known as the ‘ Crabtree...

A misrepresentation claim requires that the statement in question must have been untrue. This is the ‘falsity’ element. Once falsity is established, the subsequent enquiry is whether that untrue statement was made fraudulently or innocently, and if it was made innocently, there is then a further enquiry, namely whether any negligence was involved in the innocent making of that untrue statement. This Practice Note examines the falsity requirement in a misrepresentation claim and explains the distinctions and reasons for pleading fraudulent misrepresentation rather than negligent or innocent misrepresentation, with reference to the Misrepresentation Act 1967 ( MA 1967). It also sets out a number of pointers for assessing a misrepresentation claim. For general guidance on misrepresentation claims, including what they are (and are not) and the key constituent elements for bringing a claim for actionable...

Rationale for enforcing an interim costs order It is vital that the courts have practical means to secure compliance with interim costs orders; without such tools the sting of the sanction is blunted. The Court of Appeal in Crystal Decisions v Vedatech Corporation (2008) made the position plain: the court signals what it views as an irresponsible application by directing immediate payment of costs. That measure is designed to impress upon any party, when contemplating an application, that failure may carry an immediate price. If the court cannot enforce the immediate interlocutory costs orders it has properly made, the clout of that sanction is gravely reduced. In cases of this kind, the only sanction that truly works is to insist on payment of interlocutory costs as the price of being permitted to carry on contesting the proceedings. Unless the party against whom a costs order is made is...

This Practice Note outlines the core position that, consistent with the fundamental principle of open justice, hearings should ordinarily be held in public under CPR 39.2. It also explains the circumstances in which a court may order that a matter be determined in private (frequently described as ‘in chambers’ or ‘in camera’) pursuant to CPR 39.2. Guidance is provided on making an application for a private hearing and on the court’s discretion to sit in private, including where civil and criminal proceedings are underway at the same time. The Note additionally discusses closed hearings, reporting restriction orders, and the media’s access to the courts. It should be read alongside Practice Note: —illustrative decisions. Note, too, that CPR 39.2 was substantially amended with effect from 6 April 2019—see News Analysis: CPR changes—6 April 2019. Some of the authorities mentioned in this Practice Note were...

This Practice Note examines exclusive jurisdiction agreements (often termed choice of court agreements). It addresses the construction, effect and enforcement of this category of jurisdiction agreements. For guidance on: non-exclusive jurisdiction clauses, see Practice Note: Jurisdiction agreements—non-exclusive jurisdiction agreements asymmetric jurisdiction clauses, see Practice Note: Jurisdiction agreements—asymmetric jurisdiction agreements What is an exclusive jurisdiction clause? An exclusive jurisdiction clause stipulates that disputes are to be determined by the courts of a named jurisdiction, conferring a contractual entitlement not to face proceedings elsewhere. Many such clauses also contain forum non conveniens waivers, ie the parties irrevocably waive any right to bring proceedings in a jurisdiction other than that set out in the clause. Unlike non-exclusive jurisdiction clauses, they prevent the parties from commencing claims in any forum other than the one identified. For example exclusive jurisdiction clauses, see Practice Note:...

This Practice Note outlines the Hague Principles on Choice of Law in International Commercial Contracts, referred to as the HCCH Principles and previously called the Hague Principles. It is an international instrument intended to address cross-border commercial dealings. It operates across jurisdictions to support cross-border commercial activity worldwide in practice. What are the HCCH Principles on Choice of Law in International Commercial Contracts? The HCCH Principles address matters of private international law (conflict of laws) concerning contracts. Modern legal systems maintain their own domestic private international law rules, which commonly vary from one State to another. The possibility of divergent decisions and differing readings of private international law rules (including rules on choice of law) creates significant uncertainty for global trade and commerce. For many years, avoiding inconsistent judicial outcomes has been a core preoccupation of international lawyers. That concern has spurred, not least,...

Guideline Hourly Rates ( GHR) for civil and commercial matters This Practice Note reviews the Guideline Hourly Rates ( GHR) applicable to civil and commercial work. On a summary assessment, the court judges what costs a party may recover by weighing solicitors' charge-out rates alongside the GHR. The GHR were increased for inflation with effect from 1 January 2026 in line with the Services Producer Price Index ( SPPI), and will thereafter be adjusted each year in accordance with SPPI. In routine practice, the courts also turn to the GHR when deciding whether costs are reasonable on a detailed assessment. This Practice Note explains how to interpret the bands A- D, which are determined by the lawyer’s location, qualifications and experience, and it offers guidance to aid understanding of the rates. Authorities demonstrate the extent to which the courts exercise a measure of...

More than one claimant can feature in a civil action, for instance where a defendant’s supposed misconduct has caused loss to several claimants in the same or a comparable manner. At times, the damage experienced by a single claimant is too limited to make the case economically worthwhile. Yet, when pursued by a cohort of claimants, it may become feasible because of the efficiencies that approach delivers. Where claims stem from the same or similar facts, or have produced the same or similar loss for multiple parties, it may likewise be prudent for the court to manage them collectively. Group claims (sometimes called class actions or multi-party claims) can be brought before the English courts using a number of procedural mechanisms. This Practice Note briefly sets out the criteria for each mechanism, and the guidance on suitability found in case law. It also weighs the...

This Practice Note provides guidance on applying for a freezing injunction (also known as a Mareva injunction or freezing order) in support of proceedings outside the jurisdiction of the courts of England and Wales pursuant to section 25 of the Civil Jurisdiction and Judgments Act 1982 ( CJJA 1982). It outlines the court’s discretionary authority to grant this form of relief and when that discretion may properly be exercised. Alongside CJJA 1982, s 25, the Note concentrates on construing and applying the relevant CPR provisions. Depending on the forum in which the case is brought, additional requirements may apply—see the main section headed: Court specific guidance. For help with applications and the governing principles, consult these Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—post-judgment Freezing injunctions against third parties—the Chabra jurisdiction Freezing injunctions—the application Freezing...

This Practice Note sets out advice on preparing a freezing injunction (frequently described as a Mareva injunction or freezing order). It reviews the updated model order for such relief and clarifies why specific provisions and undertakings ought to appear within a freezing injunction. For further clauses you may need to consider, contingent on the court handling your case, consult the principal section headed Court-specific guidance. For insight into the application steps and the criteria the court will use, refer to these Practice Notes: Freezing injunctions—guiding principles Freezing injunctions—post-judgment Freezing injunctions against third parties—the Chabra jurisdiction Freezing injunctions—the application These resources cover application process and the court’s test for applicants and respondents. For broader assistance on drafting interim injunctions, see Practice Note: Interim injunctions—drafting the order. 6 April 2025 changes The CPR rules governing interim injunctive remedies, including freezing orders, were amended with effect from 6 April 2025. Notably, CPR 25...

As seen in Practice Note: Illegality in civil claims, whilst there is no standalone civil cause of action of ‘illegality’, issues of illegality may surface within a civil dispute, typically as a defence to a claim. When evaluating ‘illegality defences’ the English courts look beyond what is unlawful under English law; they will also decline to enforce a contractual duty if performance would oblige the obligor to commit a criminal offence in the country where performance is due. What is the Ralli Bros principle? The ‘ Ralli Bros principle’ derives from Ralli Brothers v Compania Naviera Sota y Aznar and states that a contractual obligation will not be enforced where its performance would require the obligor to commit a criminal offence in the place of performance. In Ralli Bros, the question concerned freight owed by English charterers to Spanish shipowners for carrying jute from...

ARCHIVED : This Practice Note has been archived and is not maintained. This archived Practice Note is no longer updated. It examines the roll-out of the fixed recoverable costs ( FRC) regime, with particular attention to costs in matters placed on the fast track ( FT) and the new intermediate track ( IT). It explains the four complexity bands used in each track, and addresses how fixed costs apply to purely monetary claims and to mixed claims seeking both monetary and non‑monetary remedies. It also outlines the revision to Part 36, under which a claimant may recover an extra 35% on their FRC where they secure a judgment at least as advantageous as their own Part 36 proposal. The Note chiefly highlights the new Section I of CPR 45 (general provisions), the new Section VI of CPR 45 (fixed costs in the FT), the new...

Help with court fees This Practice Note outlines the ‘ Help with court fees’ scheme (also called fee remission) for court fees due in civil proceedings. Details on court fees and remission in civil cases appear in the Civil Proceedings Fees Order 2008, SI 2008/1053 (as amended). For guidance on the fees for issuing and advancing civil claims, and the sanctions for non-payment, see Practice Note: Court fees in civil proceedings. Court and tribunal charges are, for many, prohibitively expensive. Those in the most straitened circumstances may qualify for assistance. Eligibility depends on meeting strict financial tests for both savings and income. Depending on the criteria, help may cover the entire fee or only part of it. HM Courts and Tribunals Service ( HMCTS) has produced a privacy notice setting out the standards to expect from the Ministry of Justice ( Mo J) and HMCTS when...

ARCHIVED: This Practice Note relies on provisions repealed on 1 April 2013 and is retained for historical reference only. When to apply for a certificate A default costs certificate records an order to pay costs. It may be sought once the deadline for serving points of dispute has passed and the receiving party has not been served with any points of dispute. Procedure to obtain a certificate The process for securing a default costs certificate is set out in the Costs Practice Direction. The receiving party obtains the certificate by lodging a request using the correct practice form. Complete Form N254 and file it at the appropriate office. Include a copy of the document conferring the right to detailed assessment (as identified in the Costs Practice Direction, section 40.4). Pay the applicable court fee. For details on fees, see Practice Note: Court fees in civil...

What is a DRO? Debt Relief Orders are a newer, streamlined route to clear the slate for people who cannot afford to go bankrupt. A DRO is granted in relation to qualifying debts. A qualifying debt is one that is: for a liquidated amount payable now or at a future date unsecured not an excluded debt Under the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, r 9.2, an excluded debt means: any fine for an offence, or an obligation arising from an order in family proceedings, or a maintenance assessment or maintenance calculation under the Child Support Act 1991 any obligation under a criminal confiscation order student loans damages relating to the death of, or personal injury to, any person a crisis loan or budgeting loan made under the Social Security...

UK data protection law includes a right to data portability. That entitlement enables people to receive from a controller a copy of their personal data in a structured, machine-readable form. Moreover, in certain situations, people can require the controller to transmit that data straight to a different controller. This Practice Note considers the right to data portability. It presumes some familiarity with UK data protection law. For an overview of UK data protection law, with guidance on core concepts and terminology, see the UK data protection law collection. Note that there are notable parallels between the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) and this Practice Note concentrates on the position under the UK GDPR. For details on the background to the UK GDPR and how it...