Legal Practice Notes

This Practice Note reviews the key issues when seeking to enforce a judgment of the courts of England and Wales beyond the jurisdiction (with Scotland and Northern Ireland treated as outside the jurisdiction). It outlines the enforcement regimes that may apply in a particular country and examines how those regimes may define ‘judgment’ differently. For simplicity, references to England and Wales/ English/ Welsh are shortened to England and English in this Practice Note. General considerations When enforcing an English court judgment outside the jurisdiction, there are several practical points to address: whether a reciprocal enforcement regime (ie a formal arrangement) exists with the country where enforcement is sought: for guidance on the possible regimes, see: Enforcement regimes below note that different regimes may use different terminology for what...

This Practice Note addresses the following torts: misfeasance in public office malicious prosecution of civil or criminal claims the tort of abuse of process For guidance on the procedural route to strike out a strategic litigation against public participation ( SLAPP) claim, see Practice Note: Strike out—strategic litigation against public participation ( SLAPP) ( CPR 3.4(2)(d)). For guidance on other torts, see the following Practice Notes: The different torts—property, people and animals Vicarious liability and multi-party torts For negligence claims, see Practice Note: Negligence—key elements to establish a negligence claim and related content. For practical guidance on negligence, nuisance and breach of statutory duty, see: Tort and negligence claims—overview. For guidance on pursuing and defending claims against professionals, see: Professional negligence claims—overview. Misfeasance in public office The tort of misfeasance in public office typically applies where a public officer exercises, or fails to...

Letters of request received from foreign courts This Practice Note explores letters of request issued by overseas courts to gather evidence for cross border disputes within their own jurisdictions. Such requests are progressed when a foreign legal team or party instructs solicitors in England to act on their behalf in making the request. It addresses matters that may emerge in the foreign jurisdiction as well as those arising before the English courts. The authority of the English courts to assist is contained in the Evidence ( Proceedings in Other Jurisdictions) Act 1975 ( E( POJ) A 1975), and the procedure to be followed is set out in Section II of CPR 34 from CPR 34.16 onwards. The guidance in this Practice Note applies whether or not the foreign state is party to the Hague Evidence Convention. For guidance on: questions of privilege or...

This Practice Note sets out what a limited civil restraint order ( LCRO) is and the situations in which the court will make one under CPR 2.3 and CPR PD 3C. It outlines the impact of these orders and the ramifications of any non-compliance. It also indicates who may issue a LCRO and the criteria for doing so. Read this alongside Practice Note: Civil restraint orders, which provides general guidance on civil restraint orders ( CROs) applicable across all forms of CRO. See also Practice Notes: Extended civil restraint orders, General civil restraint orders, and Civil proceedings orders against vexatious litigants for details of other measures available against vexatious litigants. What is a limited civil restraint order ( LCRO)? A LCRO can be made by a judge of any court where a party has brought two or more applications that are totally without merit ( CPR PD 3C,...

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note considers how to interview witnesses and get them ready to give evidence at trial. It addresses pinpointing the key information required; how far it is useful to refer to documents; obtaining a witness statement, and making sure you keep a complete record of what is discussed during the interview. Finally, it looks at preparing a witness to give evidence at trial. Note: This Practice Note offers guidance on interpreting and applying the CPR, but it does not specifically cover the requirements and guidance for interviewing a witness when preparing a statement for use at a trial in the Business and Property Courts (see CPR PD 57AC). See also: court‑specific guidance. Under CPR 32.2(3), the court may give directions to: define or limit the issues on which factual evidence may be...

Practice Note This Practice Note offers practical direction on applying to set aside a judgment entered against a defendant who did not file an acknowledgment of service or a defence (a default judgment, or judgment in default). For an outline of the grounds on which a default judgment can be set aside, see the following Practice Notes: Setting aside default judgment—mandatory grounds ( CPR 13.2) Setting aside default judgment—discretionary grounds ( CPR 13.3) An application to set aside default judgment is an application for a court order, so the core procedure is contained in CPR 23 and CPR PD 23A. Guidance on preparing a CPR-compliant application is set out in Practice Note: How to make an application for a court order ( CPR 23). You should familiarise yourself with that guidance before making any application to the court, as it provides the...

This Practice Note explains what a statement of costs is and sets out the steps required to complete one properly. It also addresses whether the expense of preparing the statement is recoverable, the rules for filing and serving the document, the applicable time limits, and the consequences of missing them. Note that CPR PD 44, para 9.1 states that the court should consider carrying out a summary assessment of costs whenever it makes a costs order that does not provide only for fixed costs. The extended fixed recoverable costs ( FRC) regime applies to most civil claims worth no more than £100,000 that are issued on or after 1 October 2023. Where a case falls within the FRC regime, costs will not be summarily assessed. For further information generally on fixed costs, see: Fixed costs—overview. References in this Practice Note to fast track cases are to...

Although damages are the principal remedy for a contractual breach (see Practice Note: contractual damages—general principles and related content), there are times in contract disputes—particularly where the agreement has not, or not yet, been breached—when damages are unavailable or not the most fitting response. In those circumstances, the court has a discretionary power to grant equitable relief, which may include: specific performance of any outstanding contractual obligations declaratory relief, for example as to the construction of a particular contractual term injunctive relief (interim or final) compelling a party in breach/about to breach to act or to refrain from acting rectification of a contract or of a deed rescission of a contract or of a deed Where damages for breach are claimed they are ordinarily advanced and, if granted, assessed by reference to the accepted compensatory purpose of contractual damages, ie to place the innocent party in the position they would have...

This Practice Note explores enforcement in Scotland or Northern Ireland of judgments from the courts of England and Wales ( English courts) under section 18 of the Civil Jurisdiction and Judgments Act 1982. It differentiates between implementing money terms in a judgment and enforcing non-money orders, noting the distinct documents needed to complete registration. It also addresses the registration process itself and how to obtain the necessary documents under CPR 74 and CPR PD 74A, including the evidence required for such applications and the form those documents take. For general guidance when enforcing an English court judgment outside the jurisdiction, see Practice Note: Cross-border enforcement of English judgments—principles. Definitions CJJA 1982—the Civil Jurisdiction and Judgments Act 1982 judgment—for the purposes of enforcing UK judgments in other parts of the UK, this is defined in CJJA 1982, s 18. Note, it also sets out what is not...

This Practice Note on domestic enforcement sets out, in outline, the range of enforcement options available, which will vary according to the type of judgment obtained and the identity of the judgment debtor. The likelihood of success with any selected mode of enforcement depends heavily on the breadth and depth of your knowledge of the judgment debtor. Enquiries into the nature and location of assets held by the debtor should not wait until judgment is handed down, but should instead form part of diligent case management from first instructions and continue throughout the life of the claim. For guidance, see Practice Note: Successful enforcement—knowing your defendant. Successfully obtained judgment—what next? Unless they are experienced in litigation, a successful client will often assume that the other party will comply with the judgment or order made. However, unsuccessful parties do not always comply. It is...

The core purpose of assembling electronic bundles is to deliver a user-friendly set and ensure all hearing participants hold the same version of the court papers. This Practice Note gives guidance on preparing electronic court bundles in PDF. Bundles for major commercial trials are likely to be filed by external bundle providers. All other bundles can be submitted to the court via the HMCTS Document Upload Centre— Professional Users Guide, or using HMCTS’ electronic filing and case management system, CE- File. The procedure for CE- File is set out in CPR PD 5C—for more on CE- File, see Practice Note: How to use CE- File—from 1 October 2025. This Practice Note should be read with Practice Note: Electronic bundles in civil proceedings and the General guidance on electronic court bundles issued by the Courts and Tribunals Judiciary on 29 November 2021 ( CTJ...

This Practice Note examines the rules in Section II of Part 6 of the CPR concerning the court’s discretion to waive the requirement to serve a claim form on a defendant. The court will only forgo service of the claim form in exceptional circumstances. Only in exceptional situations will the court excuse service of the claim form. Many decisions in this field precede 2008, when CPR 6.16, which addresses dispensing with service, adopted from the case law the need for “exceptional circumstances”. Before then, provisions enabling dispensation with service were contained in rule 6.9, and earlier authorities will therefore cite that rule. Several of the authorities predate 2008 and cite rule 6.9 accordingly. Materials that may assist when assessing whether service should be dispensed with include: Practice Note: Dispensing with service of documents—making an...

This Practice Note sets out the obligations on parties to assist the court with disclosure, having regard to the overriding objective, CPR 31 (including CPR PD 31B) and applicable data protection provisions. It highlights the need to co-operate throughout the disclosure stage and explains how the disclosure statement within the List of Documents ought to be addressed. It then considers the repercussions of inadequate disclosure, including the court’s ability to draw adverse inferences where matters are not handled properly. It also situates these duties within the framework of the overriding objective. What are a party's duties? CPR 1.3 obliges each party to help the court promote the overriding objective. In practice, this requires litigants to behave in a co-operative, proportionate and sensible way during proceedings so as to minimise costs. Frequently, this will involve discussing, and seeking to agree, the ambit of any...

Practice Note: Claim form in a Part 7 claim This Practice Note outlines what to include when preparing a claim form for a Part 7 claim. It identifies what a claim form is and why it is necessary, and cites examples of the court forms to be used in such matters. It further details the particulars that must be supplied when completing the form, and clarifies how the parties should be described in the claim form, including situations where the defendant’s name is unknown or uncertain, as appropriate. The claim form must contain a statement of value and a statement of truth. Depending on the court dealing with your case, you should also be alert to any additional requirements—see: Court specific guidance for that court, where relevant. This Practice Note is to be read alongside Practice Note: Drafting statements of case, which provides...

This Practice Note outlines how to issue a contempt application and the material it must contain. It explains the need for a penal notice on the application, and sets out requirements for service—on the defendant, on the defendant’s legal representatives, and for service out of the jurisdiction... For guidance on the court’s approach to contempt applications (including the hurdles that must be cleared), see Practice Note: Civil contempt proceedings—nature and legal framework. For details of the categories of contempt that may arise, consult the following Practice Notes: Civil contempt proceedings—non-compliance with a court order or undertaking Civil contempt proceedings—false statements Civil contempt proceedings—interference with the administration of justice Civil contempt proceedings—contempt in the face of the court Civil contempt proceedings— County Courts Act offences and High Court...

This Practice Note explores various alternative dispute resolution ( ADR) options used in cross-border disputes. What is ADR? ADR denotes a collection of methods for resolving disagreements other than through the trial process. It offers a confidential means of settlement outside a court of law, whereby a dispute or difference is referred to an impartial individual or panel, either for determination or to help the parties achieve a negotiated resolution of their dispute. The process may lead to a binding outcome if the agreement by which the parties submit the dispute to ADR so provides. Note that the Commercial Court Guide and the Circuit Commercial Court Guide use the term negotiated dispute resolution ( NDR), which can broadly be classified as either facilitated processes or imposed decisions. The two principal forms of ADR are arbitration and mediation. For insight into the range of ADR types...

This Practice Note sets out guidance on evidence used for interim applications, whether by affidavit or, more commonly, by witness statement. It clarifies when an affidavit should be used rather than a witness statement, for instance where sworn evidence is required by the court owing to the nature of the application. It also addresses the technical requirements and how courts will deal with conflicts between affidavit and witness statement evidence... The contents of evidence supporting applications Reports and other documents to be relied on in support of, or in resistance to, an application must be put in evidence within a witness statement or affidavit, usually by exhibiting them. In Brake v Guy, the judge criticised the practice of attaching a report to a skeleton argument or other written submission, and rejected the suggestion that the party should then be given a further...

This Practice Note examines in considerable detail when damages for loss of a chance (often called loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples v Simmons & Simmons, its subsequent consideration in Wellesley v Withers, together with the Supreme Court’s clarification in Perry v Raleys. For a summary of the key headline points in the approach, see Q& A: How, in summary, does the loss of a chance approach work? This Practice Note should be read in conjunction with related content on recovering damages in contract and tort claims, see Practice Notes as follows: Contractual damages—general principles Causation and remoteness in contractual breach claims Damages in tort and negligence claims Causation and remoteness in tort and negligence claims Causation and remoteness in professional negligence claims What is the loss of a chance...

Challenging or disputing the court’s jurisdiction This Practice Note sets out the key considerations when contesting the court’s jurisdiction. A challenge may proceed on the footing that the court lacks territorial jurisdiction or, if jurisdiction exists, that the court ought, in its discretion, to refuse to accept the case, for example on forum non conveniens grounds. It surveys the available bases for disputing jurisdiction and addresses whether a stay must, or may, be sought in favour of proceedings begun in a country outside the UK. The Note indicates how and when to bring a challenge, whether before issue or after proceedings have started, and clarifies what ‘jurisdiction’ signifies for the purposes of CPR 11. It also deals with jurisdictional contests within the UK and the interaction between CPR 11 and the Defamation Act 2013 ( DA 2013). For detailed guidance on matters arising when...

This Practice Note examines the need to complete Court Form N510 ( Notice for service out of the jurisdiction where permission of the court is not required) when serving a claim form outside the jurisdiction without the court’s permission. It explains what Form N510 is and the situations in which it must be used. It then outlines the sections to complete, which differ depending on the jurisdiction where service will take place. It also highlights key considerations when preparing Form N510 and sets out the consequences of completing it incorrectly. Finally, it confirms when the form must be filed and served, and what happens if this does not occur. For guidance on whether the court’s permission is needed to serve a claim form outside England and Wales, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and...