Legal Practice Notes

This Practice Note sets out the deadline/time limit for filing and serving statements of case in cross-border Part 7 claims This Practice Note explains the deadlines for serving and filing statements of case in cross-border Part 7 matters. It sets out the time limits for these court documents: the claim form, particulars of claim, acknowledgement of service, defence, a counterclaim, a defence to a counterclaim, a reply, and other statements of case. It also gives guidance on varying the service timetable and when a claim will be stayed. For CPR 8 claims, see Practice Note: CPR Part 8 claims (alternative procedure for claims). This guidance is based on how the relevant CPR provisions are interpreted and applied, and the rules address service within or outside the jurisdiction Note: ‘ Jurisdiction’ in CPR 2.3 means England and Wales; it is not the...

ARCHIVED: This Practice Note is archived, no longer updated, and provided solely for background information. In addition, certain links might not lead you to the provisions as they stood on the date this Practice Note’s guidance was originally issued......

ARCHIVED: This Practice Note is archived, not maintained, and provided for background use only. In addition, some links may no longer take you to the provisions as they stood when the guidance in this Practice Note was issued. Costs management and costs budgeting—what do you need to know? The question of costs matters to practitioners and must be weighed with the legal questions in the proceedings and the overall conduct and strategy of the case. For many in practice there is little targeted guidance in the rules and practice directions, so practitioners must keep abreast of the evolving guidance from case law in this field. Set out below are key practical points drawn from 2016 authorities: CPR 3.13 provides that, where a party fails to file its costs budget on time, it will be limited to recovering court fees. Although the draconian stance in the...

Tracker—ended pilot schemes in the civil courts This Tracker outlines pilot schemes in the civil courts that have concluded. For details of pilot schemes currently in operation, see Practice Note: Tracker—pilot schemes— Dispute Resolution... Starting a claim Pilot scheme: County Court Online Pilot ( CPR PD 51S) Details: Set out in CPR PD 51S and introduced by the 91st update to the Civil Procedure Rules ( CPR), this pilot trialled a process enabling legal representatives to submit claims online at the County Court Money Claims Centre ( CCMCC) (now the Civil National Business Centre). For more information, see Practice Note: County Court Online pilot scheme— CPR PD 51S [ Archived]... Court fees Pilot scheme: Payment by account service pilot scheme Details: Brought in to let regular business users pay civil...

NOTE : An updated edition of the Chancery Guide was issued on 5 September 2025. For details, see LNB News 05/09/2025 57— September 2025 update to Chancery Guide and the related Practice Note. ARCHIVED : This archived Practice Note sets out guidance on witness statements and factual evidence for use at trial in the Chancery Division, in line with Chapter 8 of the Chancery Guide. It specifically covers drafting witness statements for Chancery Division trials, what to do where a witness is not fluent in English, how to identify and cross‑reference documents within a witness statement, and the use of supplemental witness statements. It also considers preparation for, and giving, evidence at a Chancery trial, along with the potential consequences of non‑compliance with the relevant provisions. Finally, it gives guidance on witness evidence for trials in the Chancery Division. This note is not...

This Practice Note explores how to apply to set aside an order granting permission to serve the claim form beyond England and Wales. Such an application must proceed as a jurisdictional challenge under CPR 11. The reasoning behind that requirement is outlined, together with practical guidance on issuing the application. It addresses the differing factors from the viewpoints of the defendant, who applies, and the claimant, who resists the application. It also considers whether the claimant may invoke alternative or additional gateways to those first relied upon. This Practice Note does not cover circumstances where the claimant may serve the claim form outside England and Wales without seeking the court’s permission. In that scenario, the defendant will know permission was unnecessary because the claimant must serve a completed Form N510, setting out the basis on which the courts of England and Wales are said to have...

This Practice Note explores the key legal and practical issues and considerations involved in invoking legal professional privilege during a disclosure exercise, and sets out guidance on how to decide whether a document is exempt from production and how to safeguard that position. The purpose of legal professional privilege This guidance concerns classifying and protecting documents and information under the laws of England and Wales governing legal professional privilege. Comparable rules in other countries may differ markedly. Local advice should be obtained, particularly where document flows traverse borders. Legal professional privilege is a legal right available to any individual or corporate body that seeks and receives legal advice about its legal position (referred to in this guidance as ‘the client’). It is a safeguarding doctrine that allows such parties to obtain legal advice without revealing either the request made for that advice or the advice...

Scope of this Practice Note This Practice Note provides guidance on the rules set out in CPR PD 52B, which govern appeals in the County Court and the High Court, and operates alongside CPR 52 and the other Practice Directions under Part 52. The overarching rules on appeals appear in CPR PD 52A. Accordingly, this Note should be read together with other Practice Notes offering general guidance for appeals pursued under CPR 52 and its associated Practice Directions, see: Civil appeals: general and preliminary considerations—overview. Alongside the relevant CPR, practitioners must also observe any requirements in the applicable court guide for the division in which proceedings are taking place, see Practice Note: Civil appeals—court specific guidance. Appeals arising from contempt require special treatment; for further detail, see Practice Note: Civil contempt...

ARCHIVED: this Practice Note is no longer maintained and is offered for background reference only. Moreover, some links may not take you to the provisions as they stood when the guidance in this Practice Note was issued... Key litigation funding cases 2016—what do you need to know? Key takeaways from 2016 decisions in the commercial or third‑party litigation funding sphere include: the Supreme Court examined the interpretation of an exclusion clause in a solicitor’s professional indemnity insurance policy ( Impact Funding v AIG), see below the Supreme Court agreed to hear three appeals balancing ECHR rights against recovery of costs linked to third‑party funding ( Frost v MGN, Miller v Associated Newspapers Limited and Times Newspaper v Flood), which will determine these questions in the context of post‑ Jackson reform funding. At present, the courts regard the recovery of additional...

This Practice Note explores how publication operates within claims for defamation or malicious falsehood. It surveys key case law and legislation, and considers who might be primarily and secondarily accountable for publication, what amounts to publication, the nature of publication on the internet, and jurisdictional questions... Publication as an ingredient of the tort of defamation For libel or slander, it is fundamental that a defamatory statement is communicated to someone other than the claimant. A written publication occurs only once a third party has read and understood the words. An oral publication arises when a third party apprehends and understands them. In practice, a claimant often issues one claim covering multiple publications. Each communication is, in principle, a distinct publication giving rise to its own cause of action, though section 8 of the Defamation Act 2013 ( DA 2013) moderates this for...

Practice Note This note summarises the applicable law on limitation arising in claims against constructive trustees, encompassing claims against company directors and other parties in disputes alleging breach of fiduciary duty. It examines section 21(1) of the Limitation Act 1980 ( LA 1980) and identifies the situations in which that provision applies, outlining when and how it is engaged in such cases......

This Practice Note sets out guidance on recovering pre-action costs under Part 36, outlining the circumstances in which such costs are available and the position where a Part 36 offer is made and accepted before any claim is issued... Can pre-action costs be recovered under Part 36? Yes. On 6 April 2015 the CPR were amended to codify earlier authority confirming that pre-action costs fall within Part 36 (see the Court of Appeal in Solomon v Cromwell Group (2011)). The rules now make clear that Part 36 costs recovery encompasses ‘recoverable pre-action costs’ (subject to the extent of what counts as ‘recoverable’, addressed below). The principal provisions are: CPR 36.7(1)—which provides that a Part 36 offer can be made at any stage, including prior to the commencement of proceedings CPR 36.13(1)—concerning a claimant’s recovery of costs where a Part 36 offer is...

This Practice Note offers direction on interpreting and applying the pertinent provisions of the Civil Procedure Rules ( CPR). Requirements can vary depending on the court in which your case is progressing, so be alert to any extra provisions—for further guidance, see: Court specific guidance. The Note concentrates on preparing the particulars of claim for a claim issued under CPR 7. It should be read together with Practice Note: Drafting statements of case, which supplies general guidance on statements of case, including formatting requirements, the requirement for a statement of truth, and the filing of statements of case. For general information on using CPR 8 (the alternative procedure where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims). Particulars of claim—part of claim form or separate document? Where practicable, the particulars of claim should be...

This Practice Note sets out whether the claim form must be sealed before service within the jurisdiction of England and Wales. Does the claim form need to be sealed prior to service? Proceedings begin when the court issues the claim form ( CPR 7.2(1)), which is evidenced by the application of the court seal. The CPR glossary explains that a seal is the mark placed on a document to show it has been issued by the court. When considering the seal on a claim form, note that: the court may apply the seal by hand or by printing a facsimile on the document, including by electronic means a document that appears to bear the court’s seal is admissible in evidence without further proof (section 132, Senior Courts Act 1981) General requirement—service of the original sealed claim form A claim form cannot be validly served unless the seal has been...

This note explores the pivotal contribution of an expert witness in civil proceedings, examining why parties retain them and the practical questions that arise when choosing, instructing and collaborating with them, from initial selection through continued engagement. It underscores the need to support an expert in preserving independence before and throughout the hearing and trial. It also draws a clear line between the respective functions of expert advisers and expert witnesses. The purpose of an expert witness In civil litigation, an expert witness may perform one or two core tasks as required. Sometimes both are required; on other occasions, only a single task is needed. The simpler duty is to clarify a technical process or decode terminology from a specialised field that is relevant to the court’s determination of issues between the parties to litigation. Illustrations include describing how a building is...

This Practice Note reviews the jurisdictional service gateways, or bases for service, set out in CPR PD 6B at paras 3.1(12)–3.1(12D) concerning claims about trusts, and CPR PD 6B at para 3.1(15)–3.1(15D) covering claims against constructive trustees or for breach of trust or fiduciary duty. It outlines the gateways and offers insight into how the courts have interpreted them, or may do so. This Practice Note should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles). Claims about trusts—gateways 12–12E Gateways 12–12E ( CPR PD 6B, para 3.1(12)–3.1(12E)) state that, for trust-related claims, several gateways may justify permission to serve a claim form out of the jurisdiction of England and Wales: (12) A claim concerns a trust established by statute, by a written instrument, or created orally and recorded in writing, and governed by the law of England and Wales. (12A) A claim...

There are several circumstances in which a party to a conditional fee agreement ( CFA) may wish to have the rights and obligations under that CFA assigned to a third party (typically a new firm of solicitors). These situations include: a client has a CFA with a firm of solicitors for a specific matter, the fee-earner handling it moves to another practice, and the client wants them to continue the case at the new firm a client has a CFA with a firm for a particular issue, then loses confidence in that firm and wants a different firm to take over the matter a CFA is in place with a firm that subsequently ceases trading or otherwise alters its status a CFA exists with a firm that later stops undertaking work of the relevant kind, or wishes to...

This Practice Note sets out the steps for enforcing a writ of control issued by the High Court as a means of enforcing a monetary judgment, under which the judgment creditor takes possession of the judgment debtor’s goods, arranges their sale, and uses the proceeds to discharge the judgment debt as appropriate. The procedural detail summarised in this Practice Note derives from the legislation that underpins the Taking Control of Goods regime—for help navigating that framework effectively and efficiently, see Practice Note: Finding your way through the Taking Control of Goods legislation in practice. Debt recovery through a High Court Enforcement Officer ( HCEO) is divided into four distinct stages, with fees allocated to every stage accordingly, respectively. The HCEO may recover specified fixed fees, set out in The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 (the Fees...

ARCHIVED This Practice Note is archived and is no longer maintained. It addresses the position where the UK and the EU fail to conclude arrangements on jurisdiction after the UK’s departure. Throughout the implementation period commencing on exit day, that is, the day the UK leaves the EU, the provisions of the withdrawal agreement will apply. For commentary on that period and its effect on jurisdiction, refer to Practice Note: Brexit implementation period—jurisdiction [ Archived]. This Note evaluates the consequences of the UK exiting the EU without a deal when addressing jurisdictional issues before courts in EU Member States, with particular focus on how the Brussels regime would be applied. It considers practical implications for proceedings and the treatment of jurisdictional rules accordingly in practice......

ARCHIVED : This Practice Note is archived and no longer updated. It outlines the reach and principal aims of the Mediation Directive 2008/52/ EC, considers how it has been put into effect in the UK and what it means for the CPR. It also explains core definitions and offers guidance on the court’s approach to the Directive in relation to domestic mediations. Impact of Brexit The Mediation Directive took effect in England and Wales via the Cross- Border Mediation ( EU Directive) Regulations 2011, SI 2011/1133 (see further, Mediation Directive implementation— United Kingdom). Those Regulations were revoked on IP completion day (31 December 2020 at 11 pm), subject to transitional provisions. For direction on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Mediation. Where the transitional tests are satisfied, UK domestic legislation makes separate provision for the...