Legal Practice Notes

This Practice Note sets out guidance on the construction and application of the relevant provisions of the CPR. Depending on the court in which your case is underway, you should also remain alert to any additional provisions—see: Court specific guidance. CPR PD 57AB addresses both the shorter trials scheme and the flexible trials scheme, and took effect on 1 October 2018, following a successful pilot conducted under CPR PD 51N in the Rolls Building only. It applies to claims issued on or after 1 October 2015 within the Business and Property Courts. This Practice Note confines itself to the flexible trials scheme. For direction on the shorter trials scheme, see Practice Note: Business and Property Courts—shorter trials scheme. For wider guidance on how the Business and Property Courts operate, see Practice Note: Business and Property...

Note This Practice Note should be read alongside Practice Note: Arbitrability in international arbitration. In broad terms, arbitration is a consensual means of resolving disputes—it occurs where the parties choose arbitration instead of court proceedings or other avenues. Although there is no statutory definition, the Arbitration Act 1996 ( AA 1996) (applicable in England, Wales and Northern Ireland; England is used here as a convenient shorthand) provides that arbitration is grounded in principles that: parties obtain a fair determination of disputes by an impartial tribunal, avoiding unnecessary cost and delay parties are free to settle the procedure for their arbitration, subject to public interest requirements arbitration is a private dispute resolution process and courts should not intervene unless AA 1996 so provides Accordingly, as a general rule, any civil dispute may be referred to arbitration, provided the parties consent. However, national legal...

This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....

The High Court’s offices are usually open from 10am until 4.30pm every day of the year, except ( CPR PD 2A, para 2.1): Saturdays and Sundays Good Friday Christmas Day and a further day in the Christmas period as specified in the table annexed to CPR PD 2A bank holidays in England and Wales The High Court does not sit continuously throughout the year. There are four terms, separated by vacations between them. Term times are defined by CPR PD 2F, para 1.1, and the precise term dates are listed here: Term dates. This Practice Note offers guidance on making applications outside normal court office opening hours and/or during court vacations. For general guidance on applications made under CPR 23, see Practice Note: How to make an application for a court order ( CPR...

Procedure for obtaining a default judgment This Practice Note sets out how to secure a default judgment (also termed judgment in default, judgment in default of acknowledgement of service, and judgment in default of defence). It clarifies that you may proceed by filing a request on the appropriate practice form or by making a formal application under the CPR 23 regime, and identifies when each route is appropriate. It also details the correct steps for a request or an application and the supporting evidence required, together with adjustments to the default judgment process in the Commercial Court and the Circuit Commercial Court. For when the court may enter default judgment, see Practice Note: Obtaining default judgment-general principles. For the character of a default judgment and the forms of judgment available in default, see Practice Note: Default judgment-the judgment itself. Note that this Practice Note deals only with the...

This Practice Note This Practice Note reviews the procedural requirements in the courts of England and Wales (the English courts) that apply when seeking to enforce their judgments beyond the UK. The applicable provisions are set out in CPR 74 and CPR PD 74A. To pursue enforcement, certain documents are needed; this Practice Note explains the steps to obtain them, namely a certified copy of the judgment and any prescribed certificate. It also addresses the evidence required for such applications, while noting that the precise certificate format will depend on the enforcement regime relied upon. Importantly, the enforcement route (and the relevant rules) turns on the regime in play, so the specific regime under which enforcement is sought must be identified. For guidance on the enforcement regimes and their availability, see Practice Note: Cross-border enforcement of English...

This Practice Note explains the core principles governing the handling and assessment of documents for disclosure under CPR 31, encompassing CPR PD 31B and the overriding objective. It does not address the disclosure regime in the Business and Property Courts; for that, consult: Disclosure Scheme ( Business & Property Courts)—overview. Processing—general principles After gathering documents from the client and any other potential sources, you must decide whether they fall to be disclosed and, if so, to what extent. The scope of what must be disclosed will largely be shaped by the court and the track on which the claim proceeds, together with any disclosure order made by the court. For more detail, see: Track specific case management—overview and Court-specific case management—overview. If you have not yet done so, review any obligations under the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 (the UK GDPR), and the...

Applications to stay litigation in favour of arbitration under section 9 of the Arbitration Act 1996 This Practice Note addresses applications to the courts of England and Wales ( England and English are used as convenient shorthand) seeking a stay of court proceedings in favour of arbitration under section 9 of the Arbitration Act 1996 ( AA 1996). Even where the parties have inserted arbitration clauses into their substantive contracts, once a dispute surfaces one party may decide it no longer wishes to arbitrate. In that scenario, the party may instead issue court proceedings so that the dispute is resolved by the court. The motivations for doing so can differ, for example: the dispute involves three or more parties, at least one of whom is not a party to the arbitration agreement; the parties have concluded several substantive agreements with inconsistent...

This Practice Note considers contracting authority under the law of England and Wales Recognised as a key element of forming a contract, this note examines agency principles and authority to contract across a range of entities, including: corporations in general, companies incorporated under the Companies Act 2006 ( CA 2006), unregistered and overseas companies, limited liability partnerships, general partnerships and limited partnerships, unincorporated associations, incorporated charities (charitable companies and Charitable Incorporated Organisations), and unincorporated charities (charitable unincorporated associations and charitable trusts). Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the...

This Practice Note compiles a selection of judgments where the courts have examined proportionality since 2012. For the latest guidance on the courts’ stance on proportionality, see Practice Note: Costs and proportionality. Cases from 2020 The Imaging Centre Mobile Ltd v Morr & Co LLP [2025] EWHC 1039 ( SCCO) — Issues: reasonableness and proportionality of items charged. Comment: The judge treated West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 as the key authority on assessing reasonableness and proportionality. Given the summary nature of the assessment, the court found it highly challenging to evaluate proportionality item by item. The judge therefore allowed those costs considered reasonable, then stood back to determine whether the overall sum maintained a proper relationship to the factors in CPR 44.3(5). Cohen v Co-...

This Practice Note explains the provisions governing service of a defence in litigation. They appear in Part 6, Section III, commencing at CPR 6.20. Specific defence provisions are contained in CPR 15. This Practice Note provides guidance on: methods of service ( CPR 6.20) who must effect service ( CPR 6.21) personal service ( CPR 6.22) address for service once proceedings have begun ( CPR 6.23) changes to the address for service ( CPR 6.24) serving children and protected parties ( CPR 6.25) deemed service ( CPR 6.26) alternative method or place of service (alternative service) ( CPR 6.27) the court’s power to dispense with service ( CPR 6.28) the need for a certificate of service ( CPR 6.29) The framework covers who must serve, when personal service is necessary, and how to serve...

This Practice Note considers the position on arrestment in Scotland. For direction on related topics, consult the following: for alternative types of diligence in Scottish civil procedure, consult the relevant Practice Note: Enforcement in Scottish civil litigation, which in turn connects to comprehensive, in-depth practical guidance on numerous diligence mechanisms available in Scotland for the counterpart in England and Wales, see Introduction to enforcement—overview, which, besides outlining the subject, links to fuller, practical guidance on a wide range of elements of domestic enforcement in England and Wales for cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which, in addition to surveying the area, links to further, detailed practical guidance on multiple key aspects of cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, and this resulted in the Bankruptcy and Diligence ( Scotland) Act 2024, which...

This Practice Note Use this Practice Note when identifying the governing law for contracts concluded between 17 December 2009 and 31 December 2020. Where agreements were made outside those dates, the UK courts apply a different governing law framework; for guidance, see: Applicable law regimes for insurance contractual disputes below. The Note examines the insurance contract rules in Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ( Rome I). It sets out definitions and explains the distinct regimes for large risks and non‑large risks, covering party choice of law, absence of choice, escape routes, and EU Member State derogations. It also outlines obligations concerning insurance cover and how to ascertain the location of the risk. Provisions relevant to reinsurance arrangements are touched on briefly. Finally, it considers whether...

This Practice Note This Practice Note reviews contribution claims under the Civil Liability ( Contribution) Act 1978 ( CL( C) A 1978), including, among other matters: the circumstances and procedure for its application who is entitled to pursue a claim under the CL( C) A 1978 the need for the ‘same damage’ to be established the exclusion of costs-only claims from the scope of the CL( C) A 1978 regime jurisdictional matters under the CL( C) A 1978 the court’s approach to apportioning damages in contribution proceedings the consequences where the primary claim is compromised or decided by judgment of the court the effect of liability exclusions and limitation clauses on a ‘contribution defendant’ how contribution claims interact with indemnity claims and rights limitation for contribution claims the method of...

Practice Note: Part 36 offers—when are Part 36 costs 'unjust'? This practice note examines when a court may depart from the default Part 36 costs consequences on the footing that such an order would be ‘unjust’, with reference to the factors listed in CPR 36.17(5). Although the focus is on Part 36 as revised from 6 April 2015, earlier authorities on the costs consequences of Part 36—and on when it is unjust to impose them—remain pertinent. Illustrative decisions showing how the court has exercised its discretion on Part 36 costs, especially as to when those consequences are ‘unjust’, are identified below, covering both pre‑ and post‑6 April 2015 decisions. Case details and analysis Key issues considered Biddick v Biddick [2025] EWHC 2743 ( Ch) (27 October 2025): the defendants applied under CPR 36.14(8) to compel enforcement of a Part 36 offer, contending that although the claimant had...

This Tracker outlines developments and changes to the service provisions in CPR 6 and Practice Directions 6A and 6B since 2019 Judicial consultation on the time for responding to a Part 8 claim out of the jurisdiction The period for answering a claim form is generally measured from the date the particulars of claim are served. For Part 8 claims, where particulars are typically not required, identifying the correct response date is therefore problematic. In its minutes of February 2026, the CPR Committee ( CPRC) recorded a rise in Part 8 claims, notably for cross-border disclosure, including service of Norwich Pharmacal orders. The absence of Part 8 coverage in CPR 6.35 and CPR PD 6B was described as a genuine lacuna that should be addressed. The preferred solution is to amend the rules to set a specific response period for Part 8...

Background In 1995, at the beginning of his examination of the civil justice system in England and Wales, Lord Woolf concluded that the principal difficulties were cost, delay, and complexity. As pressures on the modern justice system grew, the prevailing rules and procedures proved unsustainable and inefficient. Following his review, Lord Woolf issued a series of recommendations in his final report and, consequently, the civil justice system underwent substantial reform. A key change was the introduction of compulsory pre-action protocols for various categories of proceedings, including personal injury matters. These protocols are a body of rules addressing how parties should behave before litigation commences. Their primary objective is to foster the early and full exchange of documents and information about a potential claim, in the hope that settlement can be reached without court action. They were intended to avoid litigation where possible or, at the very...

This Practice Note sets out guidance on permission to appeal ( PTA) under CPR Part 52. For detailed, step-by-step guidance on making an application for PTA under CPR Part 52, see the Practice Note: Permission to appeal—the application. For advice on the conduct of the hearing of a PTA application, and on what to do thereafter, in particular, see the Practice Note: Permission to appeal—hearing and next steps. Alongside clearly explaining to a client the effect, implications and consequences of pursuing an appeal, including matters relating to costs, practitioners should also recognise—and be ready to address, as appropriate, the possibility of the court granting only limited or conditional permission; see Practice Notes: Permission to appeal—hearing and next steps— Limited permission to appeal and Imposing conditions on an appeal respectively. For PTA arising in civil contempt proceedings, see the Practice Note: Civil contempt...

This Practice Note examines the fixed costs framework for civil actions allocated to the intermediate track. It explains CPR PD 45, Table 14 regarding the relevant fixed costs for intermediate track claims, which in practice turn on the particular complexity band designation and the juncture at which any settlement occurs, or whether the matter ultimately proceeds to trial. It also comprehensively covers pre-issue costs, fees for specialist legal advice, and the expenses of alternative dispute resolution ( ADR). Guidance is also included on potential issues for practitioners to weigh carefully. Note that this Practice Note focuses on civil claims falling within CPR 45, Section VII (fixed costs in the intermediate track). For direction on cases placed on the fast track within the fixed costs regime, see Practice Note: Fixed costs—fast track (position on or after 1 October 2023). For details of the general fixed costs...

This Practice Note sets out what fixed costs are, the categories and values of claims that fall within fixed costs and those that are excluded. It explains the rules that apply to fixed costs cases and provides worked examples illustrating how to calculate fixed costs. It also offers guidance on practical issues and points to consider. This Practice Note is an initial guide to the general fixed costs provisions under CPR 45 and does not cover fixed costs rules that are specific to personal injury matters. For further reading, see the following Practice Notes: Fixed costs—position on or after 1 October 2023 Fixed costs—fast track (position on or after 1 October 2023) Fixed costs—intermediate track (position on or after 1 October 2023) What are fixed costs? Fixed costs cap the level of costs the receiving party can recover from the paying party,...