Legal Practice Notes

This Practice Note explores English law—covering both UK legislation and pertinent common law—governing how to identify the domicile of an individual who is a party to proceedings. This assessment bears on whether the court may assume jurisdiction, and on whether leave is needed to serve a defendant beyond England and Wales, where appropriate. It addresses the date on which domicile is judged, together with the evidential standard and who carries the burden when proving domicile. It also sets out the concept of 'domicile' and reviews authorities on the meanings of the key notions of 'residence' and 'substantial connection', including the presumption of a 'substantial connection' arising from three months residency. It also briefly notes the position if a defendant is not domiciled within the jurisdiction. The principal statute is the Civil Jurisdiction and Judgments Act 1982. Note that the Civil...

This Practice Note outlines key points to consider when serving a claim form beyond England and Wales. It reflects the Civil Procedure Rules and the accompanying guidance in the associated practice directions for England and Wales, together with relevant international conventions. A diagrammatic overview of the topics mentioned in this Practice Note is available in: Cross–border service—flowchart, presenting the issues in visual form. Does the court have jurisdiction? Court papers may only be served on a defendant outside England and Wales where the English courts possess jurisdiction over that defendant in the matter. Although service is a procedural step, when approaching cross‑border service it is important to recognise the substantial overlap with determining the court’s jurisdiction, because the court must have jurisdiction over the dispute for service to be valid. Where the specific requirements in CPR 6 regarding service have been satisfied, the court will be...

This Practice Note examines both the capacity to enforce an English court default judgment in another jurisdiction and the practical and procedural obstacles that may arise. For further guidance on the enforcement of a default judgment as between EU Member States, see Practice Note: E& W Brussels I recast—enforcement of default judgments [ Archived]. Requirement for service of the claim form/originating document For guidance on obtaining a default judgment under CPR 12, see: Default judgment—overview. Where a claimant has secured a default judgment and seeks to enforce it, a central consideration for the enforcing court will be whether the claim form/originating document was in fact brought to the defendant’s attention. This is commonly assessed by reference to whether there was proper and valid service of the claim form/originating document. In situations where difficulties were faced in attempting service, it may still be possible to achieve valid...

Practice Note This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your proceedings are taking place, you should also remain alert to any additional provisions—see: Court specific guidance. The Note explains the status of authorities to be relied on before the court and emphasises the importance of accurate citation of authorities. It is counsel’s duty to cite the correct law report for a case; citing an unofficial report is not adequate where an official or approved report is available. Accordingly, when conducting research or compiling bundles for counsel or the court, ensure that citations are to the most appropriate law reports at all stages, wherever possible. The applicable sources are set out in Practice Direction ( Citation of Authorities (2012). The cost of producing a non-compliant bundle of...

This Practice Note outlines what a Part 8 ( CPR 8) claim is and when appropriate. It also identifies CPR provisions that are disapplied for Part 8 proceedings. It explains commencing a Part 8 claim, offering practical guidance on completing and serving the claim form. It addresses case management and costs management points; extensions of time for service of the claim form and supporting evidence; and the scope to pursue CPR 20 claims. It further covers how to respond to a Part 8 claim, including challenging the suitability of the Part 8 route, lodging evidence, seeking summary judgment within a Part 8 claim, and moving Part 8 claims to Part 7 ( CPR 7). The Practice Note gives direction on construing and applying the relevant CPR provisions. Depending on the court handling your case, you may need to consider extra...

This Practice Note sets out a catalogue of costs precedents, including links to the precedents in PDF or Word format...

Introduction This Practice Note reviews the rules governing writs of sequestration for enforcing a judgment or order under CPR 83, where no contempt of court proceedings are pursued. If an application seeks confiscation of assets as a sanction for contempt of court, it falls within CPR 81 (see CPR 83.1(3)), and guidance is available in Practice Note: Civil contempt proceedings—confiscation of assets (‘writs of sequestration’). It focuses solely on enforcement by sequestration, not on punishing contempt. Relevant provisions in the CPR From 6 April 2021, the provisions relevant to writs of sequestration used to enforce a judgment or order are found in CPR 83. For the purposes of CPR 83, a ‘writ of execution’ expressly includes a writ of sequestration ( CPR 83.1(2)(l)). Historically, the now-revoked rule 83.2A required that any application for permission to issue a writ of sequestration be made in...

This Practice Note outlines the claimant’s obligation to lodge a certificate of service for the claim form ( Form N215). It explains the purpose of the certificate, the information it must set out, and the time for filing in accordance with CPR 6.17. It also indicates what to do if the filed certificate is incorrect or has not been filed at all, and considers the position where the court effects service of the claim form Requirement to serve a certificate of service The obligation to file a certificate of service is limited to the claim form; it does not extend to the particulars of claim, as confirmed by the Court of Appeal in Henriksen v Pires (2011). The requirement to serve a certificate arises where the claimant, rather than the court, serves the claim form on the defendant......

Bespoke system of costs management The usual costs management framework is ill-suited to multi-party or multi-claim proceedings, whether inside or beyond a Group Litigation Order ( GLO). In broad terms, making costs management effective in such claims calls for a tailored approach. In Sharp v Blank (2017), Chief Master Marsh held that CPR 3.1(2)(n) (then former rule 3.1(2)(m)) affords the court ‘ample power’ to craft a bespoke costs management arrangement where the case demands it. Some elements of such tailored schemes may not align with, or can conflict with, the orthodox regime. However, in Various Claimants v MGN (2018), Chief Master Marsh cautioned against treating them as a wholly separate universe; they are better viewed as adaptations of the standard framework, and where doubt arises the court should revert to that standard. Accordingly, any tailored mechanism should function as an adaptation of the...

This Practice Note closely examines when the common law of England and Wales is used to identify the law governing contractual claims. It explains, in outline, the steps by which the courts in England and Wales deploy the common law to decide which system of national law ultimately applies to the matters in contention between the parties. For a broad, initial overview of key considerations commonly arising when selecting the applicable law, see Practice Note: Applicable law—a guide for dispute resolution practitioners. For guidance on determining the applicable law of an arbitration agreement, see Practice Note: Law of the arbitration agreement ( England and Wales). Why is the applicable law important? When resolving a contractual dispute, it is essential to identify the substantive law of the relevant country that the court will apply to resolve the dispute. That law is often described as the...

ARCHIVED: This archived Practice Note sets out illustrative decisions in contractual dispute claims from 1 January 2024 to 31 December 2025. For further analysis of illustrative and key decisions in contractual dispute claims from 1 January 2026 onwards, see Practice Note: Contract disputes—illustrative decisions (2026). The core principles governing contractual disputes on formation, interpretation and remedies for breach are largely settled; see: Forming enforceable contracts—overview Contract interpretation—overview Terminating contracts—how and when a contract ends—overview Contractual breach damages and remedies—overview Transferring contracts and rights of third parties—overview Although every case must be assessed on its own merits and its distinct factual and legal matrix, it is helpful to observe how the principal rules function within real contexts. Accordingly, this Practice Note gathers some of the more illustrative decisions in contractual disputes. The decisions set out below date from 1 January 2024 onwards...

This Practice Note distils the law, guidance and practical approach to varying contracts and deeds. It outlines how a contract or deed can be changed in writing, orally or by conduct, and also addresses unilateral variation, waiver and sustained minor breach. It offers practical and drafting pointers, flags issues when adjusting business-to-consumer contracts, public contracts and third party guarantees, and considers third party rights on variation. For a step-by-step guide to contract variation with full resources, see Practice Note: How to vary a contract. Where a variation stems from renegotiation after difficulties during performance, see also Practice Note: Managing difficulties in commercial contracts for further guidance. When is a contract variation appropriate? In commercial life, parties rarely operate only through isolated, stand-alone agreements; rather, relationships evolve over time, which may necessitate changes to existing contracts. Variations may arise and be proposed for many reasons,...

This Practice Note presents, in a table, the kinds of costs orders most often made by the court before trial and explains their usual effect, mirroring the table at CPR PD 44, para 4.2. The table is indicative rather than exhaustive and includes: costs in any event costs in the case costs reserved costs thrown away The Practice Note also looks at further costs orders the court may make, eg to manage the costs incurred or to permit recovery of costs from non-parties/third parties. It summarises the effect of these orders and states the legal basis for them, eg the CPR, legislation or the common law, and provides links to the underlying guidance. Cost orders prior to trial Some pre-trial costs orders determine how costs are to be addressed and are commonly made during proceedings prior to trial. The table below reproduces CPR PD 44, para 4.2, and is...

This Practice Note examines case management conferences ( CMCs) in the Commercial Court. The guidance is specific to proceedings in that court and should be read alongside: Commercial Court–specific resources on case management—see Practice Notes: Commercial Court—case management, Commercial Court—list of common ground and issues, Making an application in the Commercial Courts and The application notice in the Commercial Court—form N244( CC), and Commercial Court—preparing for the first CMC—checklist General, non‑court‑specific material on case management (where applicable to the Commercial Court)—see: Multi-track—case management—checklist, Court's case management powers—overview and Practice Notes: Multi-track—case management, Multi-track—case management conference ( CMC) and Case management—court's powers under CPR 3— Dispute Resolution Fixing the case management conference ( CMC) In the Commercial Court, a CMC is compulsory in every case ( Commercial Court Guide, paras D2.1(e) and D3.1; CPR 58.13(3)). It should be listed as soon as...

NOTE: From 1 January 2026, the Commercial Court and the London Commercial Court will run a pilot pursuant to CPR PD 51ZH, under which certain documents used at public hearings (including witness statements and skeleton arguments) are made publicly available by default. Practitioners issuing applications in these courts should acquaint themselves with the pilot and ensure suitable measures are taken to protect clients when preparing any affected material. For guidance, see Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Commercial Courts If your matter proceeds in the Commercial Court, the Commercial Court Guide governs any application you bring. Where the claim is in a Circuit Commercial Court, the Commercial Court Guide applies as adapted by the Circuit Commercial Court Guide (see Circuit Commercial Court Guide, para A1.3). This Practice Note offers guidance on...

Arbitration is a widely used route for settling international commercial disputes. This Practice Note reviews the principal features that set international arbitration apart from English and Welsh civil litigation (using England and English as convenient shorthand). It also outlines perceived benefits of arbitration and highlights situations in which litigation may be the more suitable method of dispute resolution. The following introductory Practice Notes may be of interest: Arbitration—an introduction to arbitration’s key features Institutional arbitration—an introduction to the core features of institutional arbitration Ad hoc arbitration—an introduction to the key features of ad hoc arbitration International arbitration—an introduction to the key features of international arbitration International arbitration—key differences between international and domestic arbitration Choosing between arbitration and litigation Sophisticated commercial parties frequently include an arbitration clause (an arbitration agreement) in their commercial contracts. If well drafted, the arbitration agreement can give the parties greater control over how their disputes are...

Introduction A charging order affecting land needs safeguarding by registration at each step in obtaining it, to preserve its precedence over rival interests and, crucially, to avoid it being ineffective against a purchaser for value. That said, the appropriate method of protection—and, on one occasion, whether any protection is possible—depends on the nature of the charged land interest. For registration, the critical divide is between an order attaching to the legal estate and one securing a beneficial interest under a trust of land. The importance of this difference is addressed under Protecting the charging order below... Protecting an application for a charging order Registered land Under the Land Registration Act 2002 ( LRA 2002), a pending land action takes its meaning from section 17 of the Land Charges Act 1972 ( LCA 1972), namely ‘any action or proceeding pending in court relating to land or any...

ARCHIVED : This Practice Note is archived and is not being updated. CPR PD 51O has been revoked and, from 1 October 2025, superseded by CPR PD 5C. For help with CPR PD 5C, consult the Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. NOTE: the CE- File pilot is scheduled to end on 1 November 2025. From 1 October 2025, CPR PD 51O is replaced by CPR PD 5C, which renders CE- File a permanent feature. For assistance on the revised regime, including what has changed between CPR PD 51O and CPR PD 5C, refer to the Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. This Practice Note offers guidance on CE- File electronic...

Scope of Practice Note This Practice Note on preparing a notice of breach of contract highlights the principal situations in which serving such a notice may be appropriate and explains the context for our tailored notice of breach precedents. Many commercial agreements contain terms requiring a party in default to receive notice of its breach. Frequently this sits within a termination clause and may be necessary to enable the defaulting party to remedy the failure and/or operate as a preliminary step to issuing a termination notice for breach under a contractual right to terminate. That said, not every breach of contract creates a right to terminate or necessitates a notice to remedy; some breaches may confine the innocent party to a claim for damages only. In those circumstances, a notice may be issued to inform the defaulting party that the innocent party requires the breach to be...

This Practice Note examines the court’s approach where there is a dispute over which party’s terms and conditions govern their agreement in a ‘battle of the forms’, a scenario most often encountered in negotiations between commercial suppliers and buyers of goods, each seeking to conclude a contract on its own standard terms and conditions. When does a ‘battle of the forms’ scenario arise? Such a ‘battle’ arises when two parties embark on negotiations intending to enter a contract, yet each attempts to finalise it on their own standard terms and conditions. In that case, it is necessary to determine: whether a binding contract has been made between the parties and, if so, which party’s terms and conditions, if any, have been incorporated into the contract This situation often occurs in dealings between commercial suppliers and buyers of goods who each wish to conclude on their own...