Legal Practice Notes

Liability for negligent misstatement can, in various ways, be avoided and/or curtailed. For an explanation of how to found such a claim, see Practice Note: Negligent misstatement—founding a claim. For general guidance on clauses that seek to limit or exclude liability, consult the following Practice Notes: Misrepresentations—excluding and limiting liability for them Contractual estoppel Contractual estoppel—illustrative cases Disclaimers of liability for negligent misstatement A disclaimer will be effective where the statement is coupled with wording that plainly signals an intention to disclaim. In Hedley Byrne v Heller, the defendants said their advice was provided 'without responsibility', which the court accepted as excluding what would otherwise have been negligence liability. The wording must be explicit and unequivocal; the court will not infer a disclaimer (see Box v Midland Bank [1981] 1 Lloyd’s Rep 434, not reported by Lexis...

This Practice Note This Practice Note explains the rules used to assess fixed costs in money claims when judgment is obtained or the defence is struck out. It outlines the fixed costs tables for such matters and considers what amounts to a specified sum and the position where the defendant satisfies the claim. Note that this Practice Note addresses the current regime for money claims where judgment is entered or the defence is struck out. From 1 October 2023, the earlier provisions and relevant Tables concerning fixed costs for money claims (entry of judgment) were renumbered within CPR 45 or relocated to CPR PD 45. Nonetheless, the substantive provisions and Tables themselves have not been altered in content, save for a minor revision to the former Table (pre-1 October 2023), which now appears as CPR PD 45, Table 3 (fixed costs on entry of...

This Practice Note examines non-exclusive jurisdiction agreements (also referred to as choice of court agreements or forum selection clauses). It outlines what a non-exclusive jurisdiction clause is and the legal effect it has, and also addresses the enforcement of such clauses. For a broad introduction to jurisdiction agreements, see Practice Note: Jurisdiction agreements—introduction. For guidance on other forms of jurisdiction agreement, see: Determining court jurisdiction—overview. What is a non-exclusive jurisdiction clause? A non-exclusive jurisdiction clause may stipulate that the courts of a specified jurisdiction are competent to hear disputes between the parties, or it may omit any express designation of jurisdiction. Unlike an exclusive jurisdiction clause, it is without prejudice to the entitlement of any party to begin proceedings in a different forum from that identified in the clause. Where parties agree a jurisdiction clause that does not nominate any particular...

This Practice Note examines the closed material procedure ( CMP) under CPR 82, by which the state may present material sensitive to national security to a judge without revealing it to opposing parties. It further explains how to apply to withhold such national security sensitive material pursuant to CPR 82.13. The closed material procedure ( CMP)—evolution and rationale The state has long protected matters touching national security by asserting public interest immunity ( PII), shielding related information and documents—see Practice Note: Public interest immunity. Where a PII claim succeeded, national security-sensitive material remained concealed, as the documents were withheld from everyone and excluded entirely from the issues before the court, having no influence on the dispute. Yet the state could not rely on them either, because the PII certificate kept them out of the case. If, on the other hand, a PII claim failed, the...

Costs determination and the ‘without prejudice’ rule A persistent question for practitioners is whether correspondence marked ‘without prejudice’ can be deployed against a party when the court determines liability for costs. In Walker v Wilsher (1889), the Court of Appeal held that ‘without prejudice’ letters or conversations must not be taken into account so as to deprive the successful litigant of their costs. The judge considered that it ‘would be a bad thing’ and produce serious consequences if communications sent on a ‘without prejudice’ basis could be adduced in evidence against that party or used as a foundation for denying them their costs. The general position on referring to ‘without prejudice’ exchanges when dealing with costs has later been reviewed and reaffirmed in two Court of Appeal cases: Unilever v Proctor & Gamble (2000) confirmed that the general rule is that ‘without...

This Practice Note This Practice Note offers guidance on applying for specific disclosure or specific inspection under CPR 31.12. It explains why such an application might be pursued, when it should be made, and addresses bids for specific disclosure both before and after disclosure. It outlines what to include in the application notice, the supporting evidence, and any draft order. It also describes the court’s power to require a party to ask any person to produce, for disclosure and inspection, any document that may assist their case or negatively affect the case of any party to the proceedings. This Practice Note should be read alongside: Practice Notes: Specific disclosure—which gives guidance on what specific disclosure and specific inspection are and the circumstances in which they might be used, and Specific disclosure—the courts’ approach—which gives guidance on the attitude the courts take to...

Practice Note This Practice Note provides guidance for seeking security for costs, addressing both the initial letter of request and the court application where security is not forthcoming. It identifies the documents to be lodged, examines in considerable detail the evidential material to be provided in support, and records the typical terms of the court’s order. The Practice Note also considers whether an applicant may renew an application for security for costs, or if doing so would amount to an abuse of process. In addition, it explains how to oppose an application and sets out the respondent’s undertakings. Note that, on 6 April 2025, amendments to CPR 25 took effect, re-numbering the former CPR 25 provisions and revising parts of the wording relating to security for costs. Throughout, this Practice Note refers to the earlier version as ‘old rule 25’ and, where...

This Practice Note reviews the key provisions of the Civil Procedure Rules ( CPR) and Practice Directions that regulate recovery of costs by a litigant in person ( LIP). It outlines the mechanics of CPR 46.5: an LIP may recover, on summary or detailed assessment, the same categories of work and disbursements as a legally represented party, but recovery is limited to two-thirds of the reasonable sum that would be payable to a notional lawyer. It identifies the hourly rate available to LIPs where financial loss cannot be proved, and notes how the courts have been interpreting that position. It also considers circumstances involving ‘ Mc Kenzie Friends’ and the courts’ approach to any costs claimed for their assistance... Abbreviations used in this Practice Note: LIP—litigant in person SCCO— Senior Court Costs Office Civil Procedure Rules ( CPR)...

This Practice Note sets out when and in which venues the Disclosure Scheme within the Business and Property Courts ( B& PCs) ( CPR PD 57AD) operates. It identifies the courts that use the Scheme (including any tailored variants) and those that deliberately disapply it. It also addresses the categories of claims to which the Scheme is engaged, and those from which it is expressly excluded. The Scheme took effect on 1 October 2022, following a disclosure pilot. Decisions made under the pilot remain instructive and are referenced below. For the background and context of the Scheme and its overarching themes, see Practice Note: Business and Property Courts Disclosure Scheme—early developments and themes [ Archived]. When does the Disclosure Scheme apply? See: Which disclosure rules apply to my claim—flowchart? for a step-by-step route through the questions that determine whether your claim falls within CPR PD 57AD’s...

What is an interim costs certificate? An interim costs certificate is a certificate made by the court once the receiving party has lodged a request for a detailed assessment hearing ( CPR 47.16(1)). The prescribed template is Form N257 ( CPR PD 47, para 16.10). Unless the court directs otherwise, the interim certificate will ordinarily contain an order to pay the related costs. The court retains full discretion to grant an interim certificate for a suitable amount, and there is no need for any costs to be assessed or agreed in advance. Application for an interim costs certificate You may apply for an interim costs certificate after filing a request for a detailed assessment hearing with the court ( CPR 47.16(1)). Applications must comply with CPR 23 ( CPR PD 47, para 15). For general guidance on applications, see Practice Note: How to make an...

This Practice Note outlines guidance on the costs of abandoning a claim, the general presumption and circumstances in which it is displaced, in practice. It further addresses the costs position when a claim is withdrawn before service, when only part of a claim is given up, and when proceedings are ended against some, but not all, defendants, as applicable in each of those circumstances. It also considers how to properly commence a detailed assessment of costs, together with the default approach that a discontinuance costs order provides for costs to be assessed on the standard basis. What is discontinuance? Discontinuance is the mechanism by which a claimant may terminate all or part of the proceedings it has begun by serving a notice of discontinuance, which must be in Form N279 unless the court permits otherwise ( CPR 38.3(5)). Ending the claim, or parts, carries defined costs...

This Practice Note addresses the process for seeking an order to dispense with service of documents, including the claim form. Read it alongside Practice Note: Dispensing with service of documents—principles, which sets out the relevant principles for dispensing with service. Making an application for an order dispensing with service of documents An application to dispense with service of documents is a request for a court order; accordingly, the core procedure is found in CPR 23 and CPR PD 23A. For guidance on preparing a CPR-compliant application, see Practice Note: How to make an application for a court order ( CPR 23). The sections below identify aspects of the applications procedure that are particular to an application for an order dispensing with service of documents. They are intended to supplement, not replace, the general guidance referred to...

Drafting a defence under CPR 7 This Practice Note sets out practical direction for preparing a defence to proceedings issued under CPR 7. Read it alongside Practice Note: Drafting statements of case, which outlines general points on statements of case, including format, the requirement for a statement of truth, and electronic filing. It offers hands-on pointers for composing a defence, including how to challenge shortcomings in the particulars of claim and how to plead specific defences such as limitation, contributory negligence, illegality, and failure to mitigate. For the procedural rules governing defences, see Practice Note: Drafting the defence—formalities. This Practice Note addresses only defences to claims under CPR 7. Where a claim proceeds under CPR 8, no defence need be filed ( CPR 8.9). For further detail on CPR 8 claims, refer to Practice Note: CPR Part 8 claims...

ARCHIVED This archived Practice Note offers guidance on completing Form 1 Application for permission ( UKSC Form 1— PTA) or Form 1 Appeal ( UKSC Form 1— Appeal). It addresses serving the permission to appeal application, the further steps when lodging that form (including documents to accompany it), and the ensuing actions by the respondent (via its notice of objection) and the appellant. It also explains how to complete UKSC Form 3— Notice of objection/ Acknowledgement by the respondent ( Form 3), and covers service and filing, applications for extensions of time, amendments to applications, and any additional objections. It is not maintained and is provided for background information only. Appeals filed before 2 December 2024 This Practice Note applies only to: appeals to the Supreme Court which were in progress before 2 December 2024, and applications for permission to appeal and notices of appeal filed...

Allocation of defended civil claims to case management tracks (before 1 October 2023) This Practice Note reviews how courts assign defended civil proceedings to a case management track—the small claims track, the fast track or the multi-track—where the claim was started before 1 October 2023. It outlines the principal factors the court takes into account when deciding on allocation (including any provisional allocation), identifies the contents and requirements of the court’s notice of proposed allocation ( NPA), explains the possible penalties for any failure to comply with the NPA, and describes the situations in which a case might subsequently be moved to a different track. This Practice Note should be read alongside Practice Note: Case management—allocation—the different case management tracks, which explains what ‘allocation’ means and summarises the main characteristics of each track (small claims track, fast track and...

This Practice Note provides a primer on arbitration in Scotland under the Arbitration ( Scotland) Act 2010 ( A( S) A 2010) and associated topics. It concentrates on how A( S) A 2010 diverges from the Arbitration Act 1996 ( AA 1996) as it applies in England, Wales and, separately, Northern Ireland (using ‘ England’ and ‘ English’ as convenient shorthand). For an overview of AA 1996, see Practice Note: A guide to the Arbitration Act 1996 ( AA 1996). Background to A( S) A 2010 Scotland’s legal system (‘ Scots law’) evolved independently from that of England and Wales. Its foundations lie in customary law, canon (church) law and Roman law, brought into Scotland in the late medieval era when Scottish jurists returned from study in the Netherlands and other continental European jurisdictions. After the 1707 union of the Scottish and English...

This Practice Note outlines the nature of costs-only proceedings and the steps to follow in bringing them. Through the costs-only route, a claimant may issue a Part 8 claim so that the court can make a costs order, enabling the parties thereafter to commence detailed assessment. The regime for costs-only claims appears in Section IV of CPR 46, specifically CPR 46.14, which sets out prerequisites that must be satisfied before starting such a claim. These include: settlement of all matters in dispute save for pre-action costs; and no proceedings having been commenced. This route cannot be used where costs are payable under a contract ( CPR 44.5). Purpose of costs only Part 8 proceedings The costs-only ( Part 8) procedure is intended to provide a straightforward and convenient way to resolve a costs dispute brought with the consent of both parties....

This Practice Note explains what proprietary estoppel is, how to advance a plea of proprietary estoppel, and gives examples of when, in practice, you may wish to rely on it. It examines proprietary estoppel from a general perspective. For sector-specific guidance on proprietary estoppel for property law practitioners, see Practice Note: for property disputes lawyers. —what is it? Unlike other species of estoppel (see Practice Note: Estoppel—what, when and how to plead), which will not usually found a cause of action, proprietary estoppel can. It is commonly deployed where a party ( B) seeks to assert a proprietary right in land owned by another ( A), where B has been led to believe—by promise, words or conduct and/or by A’s acquiescence—that B has, or can expect to acquire, an interest in that land. The decisions in Ramsden v Dyson and Willmott v Barber offer a...

This Practice Note examines when litigants in person ( LIPs) may appear and advocate for themselves at trial and at other hearings. It also covers support for LIPs by Mc Kenzie friends, how companies might be represented by employees or Mc Kenzie friends, and the particular rules governing LIP representation on the small claims track. It provides guidance on interpreting and applying the relevant CPR provisions. Depending on the court dealing with your case, you may need to consider additional requirements—see: Court specific guidance. For further material on litigants in person, see: Parties and their representatives—overview. Rights of audience Rights of audience are regulated by Part 3 of the Legal Services Act 2007 ( LSA 2007). A litigant in person, as a party to the proceedings, holds rights of audience in that case and may represent themselves at trial and in other hearings ( LSA 2007, s 19 and...

For an at‑a‑glance, high‑level outline of the civil court structure and hierarchy in England and Wales, see: Courts and Tribunals Judiciary— Structure of Courts and Tribunals System. Several civil courts issue a court guide explaining how business in that court should be managed, which operates alongside, and in addition to, further guidance given in the Civil Procedure Rules ( CPR). For further details, see Practice Note: Court guides and other guidance. For information on: claims that must be brought and issued in the County Court, see Practice Note: Starting civil claims in the County Court commencing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims) High Court or the County Court? Whether proceedings ought to be issued in the High Court or the County Court is, in the main,...