Legal Practice Notes

This Practice Note offers direction on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your matter is heard, further provisions may apply—see further in the section Court specific guidance below. It addresses hearings to determine applications and describes the general conduct of such hearings, including the courts’ approach to evidence at an application hearing, taking and keeping a note of the hearing, and the removal of hearing bundles. It also explains the courts’ approach where a party does not attend, including when the court will proceed in that party’s absence and applications to re-list on the basis of non-attendance. The guidance is relevant to both in-person and remote hearings. Additional considerations arise where a hearing is conducted remotely—for further guidance, see Practice Notes: Remote and hybrid hearings in civil proceedings and Electronic bundles in civil...

This Practice Note sets out guidance on bringing an application for an anti-suit injunction, covering the test the court will adopt in such cases, along with matters to weigh carefully both beforehand and at the point of issue. For an explanation of what an anti-suit injunction is and the circumstances in which such relief is generally available, see Practice Note: Anti-suit injunctions—principles. An application for an anti-suit injunction engages procedural requirements that are common to all applications for an interim injunction. For general assistance on pursuing an interim injunction application, see Practice Notes: Interim injunctions—on notice applications Interim injunctions—without notice applications The sections below draw attention, in outline, to particular features of the procedure that are specific to an application for anti-suit relief. What follows is intended as a supplement to, rather than a replacement for, the broader guidance mentioned above. References to the courts of...

This Practice Note considers the use of artificial intelligence ( AI) and allied tools when preparing to give disclosure to opposing parties. It draws no distinction between disclosure under the disclosure scheme used in the Business and Property Courts and disclosure under Part 31 of the Civil Procedure Rules. The priority is to save time and costs without undermining the dependability of the disclosure produced. Why AI works in disclosure AI and related tools can be effective for disclosure because the task is often predictable. Similar kinds of disputes typically generate similar categories of documents tied to the particular issues in contention. Naturally, there will be variations from case to case, yet these do not diminish the role of AI tools. Such tools are attractive to legal advisers conducting disclosure as they reduce human effort and thus cost, while creating an audit trail to...

CPR 83 provisions regarding writs and warrants This Practice Note explores the process for enforcing a judgment or order for possession of land, whether by a High Court writ of possession or a County Court warrant of possession, with reference to CPR 83 and CPR PD 83. CPR 83 and CPR PD 83 set out the rules that apply to the issue of writs and warrants. For broader guidance on CPR 83, see Practice Note: How to obtain a warrant of delivery. For an overview of CPR 55 and possession claims in general, see Practice Note: Possession proceedings... Enforcement in the High Court—writ of possession Once a judgment or order for possession of land has been secured, enforcement in the High Court may proceed by any of the following: a writ of possession committal proceedings for contempt of court under CPR 81 if no such...

Civil justice reform Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for direction on the present rules and practice in the Scottish civil courts concerning remote hearings and the electronic signing, sending and lodging of documents. This Practice Note explains how to commence a civil appeal in the Sheriff Appeal Court in Scotland. For guidance on: other aspects of appeals to and in the Sheriff Appeal Court, see Practice Notes: Introduction to the Scottish Sheriff Appeal Court—which considers the court’s jurisdiction, the categories of case it may hear, and whether permission to appeal is needed Chapter 7 procedure in the Scottish Sheriff Appeal—which addresses the management of an appeal before three Appeal Sheriffs ( Chapter 7 procedure) ...

This Practice Note considers some of the defences to a claim for restitution for unjust enrichment This note reviews selected defences to restitutionary claims grounded in unjust enrichment. It should be read alongside Practice Note: Unjust enrichment—elements of the claim, which outlines the legal background and the core criteria for making out such a claim. As that Practice Note makes clear, the material here is intended to give only a high-level grasp of a notably intricate branch of jurisprudence, offering outline guidance rather than detailed analysis. When confronted with an allegation seeking restitution for unjust enrichment, several defences may arise. In broad terms, they apply in circumstances where restoring the claimant to the pre-enrichment position cannot be achieved, or where ordering such restoration would itself be inequitable. Accordingly, several potential responses warrant consideration whenever such a claim is pursued......

The elements of establishing a res judicata To rely on res judicata, it must be shown that: the underlying ruling, whether domestic or foreign, was a judicial determination in the relevant sense it was actually pronounced the tribunal possessed jurisdiction over the parties and the subject-matter the decision was: final on the merits it resolved an issue raised in the later proceedings, and the parties are the same or in privity, or the earlier ruling was in rem ( Marginson v Blackburn and Leong v Hock Hua Bank Bhd [2008] 3 MLJ 340 (not reported by Lexis Nexis®) and Chong v Leow [2008] 6 MLJ 781 (not reported by Lexis Nexis®)) Res judicata—what is a 'judicial...

What is a dispute resolution clause? Many commercial contracts include a dispute resolution clause, sometimes labelled an ‘ ADR clause’. Alternative dispute resolution ( ADR) refers to resolving a disagreement without commencing court proceedings. The Commercial Court and the Circuit Commercial Court use the expression negotiated dispute resolution ( NDR) for processes that settle disputes outside the courts, but for ease, this Practice Note adopts the term ADR. The aim of inserting a dispute resolution clause is to give the parties a clear framework for handling any dispute that may emerge under their agreement. Such a clause sets out how conflicts between the contracting parties will be dealt with and will frequently oblige them to engage in a specified ADR method or methods before pursuing litigation or arbitration. For the various ADR options, see Practice Note: Which form of ADR? For general...

In breach of contract disputes, the central enquiry is whether the term said to be broken empowers the innocent party to: terminate the contract for breach and recover damages (or choose to affirm the contract, notwithstanding the breach, and still pursue damages), or seek damages The outcome hinges on whether the relevant term operates as a condition or a warranty, or whether the character and effects of the breach are sufficiently grave to amount to a repudiation of the agreement. This is the purpose of the classification of terms in contractual disputes. For guidance on distinguishing terms from representations, and on when and how express and implied provisions are incorporated into a contract, see Practice Notes: Contract interpretation—when is a statement a representation or a contractual term? Contract...

Leapfrog appeal A leapfrog appeal is one that goes straight to a higher appellate court than the one that would typically hear it. If an appeal would normally be dealt with in the County Court or High Court, a leapfrog sends it to the Court of Appeal. Where an appeal would usually be considered by the Court of Appeal, a leapfrog takes it to the Supreme Court ( UKSC). For more, see Practice Notes: Starting an appeal—destination of civil appeals— Leapfrog appeals—can my appeal be assigned to the Court of Appeal? and Starting an appeal—destination of civil appeals— Leapfrog appeals—can my appeal be assigned to the Supreme Court? This Practice Note gives guidance on the authority and procedure for bringing a leapfrog appeal. For wider guidance on appeals, consult: Starting an appeal—general provisions Starting an...

This Practice Note Use this Practice Note when identifying the governing law for contracts concluded on or after 1 January 2021. UK courts apply a different applicable law regime to agreements formed before 1 January 2021. The operative regime turns on the date the contract was made. For guidance on the regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. Previously called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the alteration is in title only; the regulation’s provisions are unchanged. Authorities may use either label, and for convenience this Practice Note uses UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note explains when and why UK Rome I, Regulation ( EC) 593/2008 was introduced. It addresses the...

This Practice Note addresses the issues to weigh up when asking counsel to conduct trial advocacy, covering the criteria to bear in mind and the contents required in the brief for counsel, together with the practical points to include within the brief provided to counsel... When to brief counsel If you are uncertain you can devote sufficient time to prepare the matter adequately for trial, or can present it at the trial or possess the necessary rights of audience, you should instruct counsel to conduct the advocacy at trial... In more complex matters, counsel will often have taken part in preparing the case or defence and may have advised on the merits of the claim or defence, settled or drafted the relevant statements of case, and undertaken advocacy at interim hearings. Ideally, the same counsel should conduct the advocacy at the trial......

This Practice Note was produced with The Access to Justice Foundation. It explains what pro bono costs are and the legislation and CPR provisions that apply. It then outlines key points for handling pro bono costs through proceedings and, in particular, when addressing costs assessment and costs orders. It also lists example contacts who can provide support with pro bono costs. What are pro bono costs? Pro bono costs arise when a party is represented without charge in proceedings. They are treated as ordinary legal costs. They reflect the monetary value of the free legal help, with the amount based on what a fee-paying client would recover. The costs cover any period of free representation and, even where only one lawyer acted pro bono, normal costs can still be sought for fee-paid work. Accordingly, the County Court, High Court and Court of Appeal ( Civil...

The tort of misuse of private information The tort of misuse of private information centres on protecting human autonomy and dignity—the ability to control how details of one’s private life are shared, and the claim to others’ esteem and respect ( Campbell v MGN). Commonly, as in Campbell, the only alleged ‘misuse’ is the unlawful publication, or threatened publication, of personal information to the world at large. The alleged wrongdoer is frequently a media organisation and/or an individual seeking disclosure through the media. A claim may nevertheless be brought where material is circulated more narrowly, if that would unjustifiably interfere with the claimant’s right to respect for private life under article 8 of Part I of Schedule I to the Human Rights Act 1998 ( HRA 1998), which gives effect to rights contained in the European Convention on Human Rights ( ECHR). The tort is not...

This Practice Note provides an introduction to the tort of malicious falsehood. Unlike a defamation claim, a malicious falsehood action does not require proof that the words complained of are defamatory. Instead, the claimant must show the following three elements: the defendant published an untrue statement about the claimant; the publication was malicious; and the statement caused actual pecuniary loss, or the case falls within section 3 of the Defamation Act 1952 ( DA 1952). The tort of malicious falsehood is governed by a mixture of statute and the common law. The relevant statutory provisions are contained in DA 1952, whereas the Defamation Act 2013 ( DA 2013) contains no provisions relevant to malicious falsehood. Malicious or injurious falsehood (sometimes, and confusingly, called 'trade libel') is not concerned with reputation. It is a separate tort from defamation, aimed at the...

This Practice Note sets out the distinction between disclosure and inspection, and considers when that distinction has practical significance. It outlines various methods for inspecting disclosed material and identifies who is entitled to undertake the inspection. It also highlights the types of limits a court may place on inspection of disclosure. Finally, it deals with withholding production on public interest grounds, whether by public immunity certificate or through a closed material procedure. The purpose of inspection Disclosure and inspection are separate concepts, yet they frequently proceed together because, in many matters, once a document is disclosed it is ordinarily inspected by the opposing party to the proceedings. It is uncommon for a party to acknowledge a document is within its control yet oppose inspection under CPR 31.3, unless the party is: relying on a right or obligation to withhold inspection under CPR...

General This Practice Note explains how to carry out the review of documents for disclosure. The exercise involves assessing the compiled documentary material held by your client and determining which items ought to be disclosed. To achieve this effectively, ensure you have in place: strategies to narrow the scope of documents to be checked a dedicated review team clear targets for that team appropriate tools for the task ongoing communication with the client This Practice Note concerns a party’s disclosure obligations under CPR 31 and does not address the disclosure scheme used in the Business and Property Courts. For further guidance, see: Disclosure Scheme ( Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? For general guidance on terminology used in this Practice Note, see Practice Note:...

This Practice Note outlines the without prejudice principle governing the admissibility of material arising from bona fide settlement discussions. It explains when spoken or written exchanges are covered by, or fall outside, that principle. It also considers whether pre-action exchanges can carry a ‘without prejudice’ status, the effect of expressly marking communications ‘without prejudice’, and how the rule applies across a chain of correspondence. For broader guidance on resolving disputes, see: Settlement and settling disputes—overview. Without prejudice rule The ‘without prejudice’ rule is the policy that statements or admissions made by disputing parties with a view to reaching a resolution are treated as without prejudice to liability, and are therefore inadmissible as evidence in civil proceedings. The policy is strongly supported in law to encourage parties to negotiate a settlement. It is not absolute; however, the contours of the exceptions can be hard to...

This Practice Note examines when the ‘without prejudice’ rule does not apply. Certain ‘without prejudice’ exchanges become admissible: for example, proposals bound up with conduct amounting to unambiguous impropriety, such as blackmail, lose the shield of inadmissibility in court. The exceptions are set out with examples, together with the notion of waiver of ‘without prejudice’ protection. Illustrative examples accompany the discussion, as does the idea of waiving such protection. These are outlined with examples. Exceptions to without prejudice protection There are seven recognised situations where the policy against admitting ‘without prejudice’ communications yields. However, practitioners should note the prevailing judicial view that courts ought to be ‘slow to lift the umbrella unless the case for doing so is absolutely plain’ ( Lord Hope in Ofulue v Bossert at para [2]). In the same case, Lord Walker observed: ‘ I would not restrict the...

A revised edition of the Chancery Guide referenced in this Practice Note was issued on 5 September 2025. For more, see LNB News 05/09/2025 57— September 2025 update to Chancery Guide and the related Practice Note. As this Practice Note is archived, paragraph references to the Chancery Guide have been taken out to avoid becoming outdated. ARCHIVED: This archived Practice Note provides guidance on witnesses giving evidence remotely via video-conferencing in civil proceedings. It is not updated and is supplied for background purposes only. For wider information on remote hearings in civil proceedings, including video-conferencing under CPR PD 32, Annex 3, see the Practice Notes: Witness evidence—the mechanics of giving evidence at trial; Remote and hybrid hearings in civil proceedings; and the Checklist for remote and hybrid hearings in civil proceedings. Depending on the court in which your matter is...