Legal Practice Notes

This Practice Note This Practice Note explores data protection considerations that arise when conducting disclosure in civil proceedings. It explains how the Civil Procedure Rules ( CPR) and the General Data Protection Regulation ( GDPR) frameworks intersect with disclosure, the handling of personal data and special category data, the redaction of personal data, the approach to documents protected by legal professional privilege ( LPP) under data protection law, and the treatment of data subject access requests ( DSARs). It addresses: the EU GDPR, Regulation ( EU) 2016/679 the UK version of the EU GDPR, retained in UK law by the European Union ( Withdrawal) Act 2018 the Data Protection Act 2018 ( DPA 2018), which operates alongside the UK GDPR Note that the Data ( Use and Access) Act 2025 ( DUAA 2025) received Royal Assent on 19 June 2025. Certain provisions took effect...

This Practice Note considers how applications are determined when the court concludes they can be resolved without a hearing (commonly referred to as determination on the papers). For guidance on which applications are appropriate for a paper determination and how to request one, see Practice Note: Applications without a hearing (paper applications). For general advice on making applications, see Practice Note: How to make an application for a court order ( CPR 23). Rule change as of 1 October 2023 Previously, decisions on the papers—and especially the setting aside of applications decided without a hearing—were governed by CPR 23.8 read with CPR PD 23A, para 11.2, and a substantial body of caselaw developed on their interpretation. From 1 October 2023, CPR PD 23A, para 11.2 is removed and CPR 23.8 is replaced by a new, self-contained regime for paper...

The ordinary time limit for defamation and malicious falsehood claims A claimant has one year to issue a defamation claim from the point when the cause of action arises, namely the date the defamatory statement is first made public (section 4A of the Limitation Act 1980 ( LA 1980), inserted by section 5 of the Defamation Act 1996). The Court of Appeal in Siniakovich v Hassan- Soudey confirmed that a claim is treated as ‘brought’ on the day the claim form is first delivered to the court office, even if the office properly declines to issue it because the whole of the appropriate fee has not been paid. For libel, the claimant’s ignorance of any publication at the time is irrelevant to accrual, and so does not postpone the start of the limitation period applicable to their claim. In most varieties of slander and...

What is a DBA?...

This Practice Note looks at service of documents outside England and Wales and whether the court’s permission to required As a general position, court documents must be served within the jurisdiction, that is, in England and Wales ( CPR 6.6(1) and CPR 2.3), and this remains the starting point. Where a defendant is situated outside England and Wales, there is no automatic right to serve the claim form out of the jurisdiction, and the claimant will therefore need to consider the following options: whether service can be effected in England and Wales, for example by serving the defendant’s solicitor, or by utilising a route available under the Companies Act 2016 whether service can be carried out outside the jurisdiction without first obtaining the court’s permission—the courts of England and Wales must have jurisdiction to determine the dispute between the parties as contemplated under either CPR 6.32 or CPR 6.33; note...

This Practice Note draws upon the direction in CPR PD 6B and the related table identifying filing deadlines for documents in proceedings where particulars of claim have been served outside England and Wales. It addresses filing of the acknowledgement of service, any admission, the defence, and responses to applications. Note that, because the relevant periods are calculated by reference to the particulars of claim, they do not apply to Part 8 claims, where particulars are generally not required. This area is currently subject to judicial consultation; see Practice Note: Tracker—changes to Part 6 and practice directions 6A and 6B. Rules for determining the period for responding to the claim form The timeframe for responding to the claim form depends on whether service occurs with or without the court’s permission. Without court permission In specified circumstances, CPR 6.35 permits service of the claim form without the court’s...

This Practice Note This Practice Note examines where and how to lodge and issue the claim form for proceedings commenced under CPR 7, and identifies the documents that must be filed with it, including the response pack. It also clarifies when proceedings are regarded as ‘started’, as that date carries consequences for the timetable for service of the claim form and for limitation... For guidance on claims issued 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). This Practice Note should be read alongside Practice Note: Claim form—the contents. For additional help on issuing and filing a claim in the County Court, see Practice Note: Starting civil claims in the County Court. For further guidance on the appropriate court in which to issue, see...

This Practice Note explains how to make and respond to a Part 36 counter-offer, its impact on existing Part 36 offers, and its relevance to other settlement offers not advanced under Part 36. Counter-offer in response to Part 36 offer When a party receives a Part 36 offer, they may propose a counter-offer, either as a further Part 36 offer or by another route. The consequences of putting forward a counter-offer are outlined below. Effect of counter-offer on Part 36 offer Tabling a counter-offer does not undermine the validity of any extant Part 36 offer. Under CPR 36.11(2), a Part 36 offer already made stays open and capable of acceptance unless the offeror serves written notice withdrawing it, or it is automatically withdrawn in line with its terms where the acceptance deadline passes without the offeree serving notice of acceptance ( CPR...

This Practice Note sets out advice on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are expected to be parties to any likely later proceedings. It explains how to pursue such a request for disclosure before a claim has begun, including the application notice, evidence supporting the pre-action bid, and the draft order, in sequence. It also addresses the respondent’s stance when resisting the application, and typical objections. The costs implications of seeking pre-action disclosure are reviewed in outline. For detailed guidance on when it may be suitable to seek pre-action disclosure, the approach the courts adopt in deciding whether to allow such requests, and targeted discussion of pre-action disclosure in varying contexts, see Practice Note: Pre-action disclosure—requirements and the courts' approach. For further guidance on the principal aspects of the court’s jurisdiction under CPR 31.16, see in particular Practice Note:...

This Practice Note reviews automatic stays of civil proceedings under CPR 15.11 and explains how to apply to lift a stay. For other court powers to stay claims, see Practice Note: Stay of civil proceedings—when can you apply to stay a claim? Automatic stays under CPR 15.11 CPR 15.11(1) provides that a claim is automatically stayed where: (a) at least six months have passed since the end of the CPR 15.4 period for filing a defence (b) no defendant has served or filed an admission, defence or counterclaim (c) no party has entered or applied for default judgment or summary judgment (d) no defendant has applied to strike out all or part of the claim form or particulars of claim Note: With effect from 1 October 2022, CPR 15.11(1) was amended as follows: CPR 15.11(1)(c) was widened to cover...

This Practice Note outlines how the court exercises its discretion on costs under the Senior Courts Act 1981 ( SCA 1981) and CPR 44. It addresses what a costs order may cover, potential complications with foreign currency, costs orders following split trials, orders where proceedings are stayed, and orders made on appeal. It also discusses a solicitor’s duty to advise their client about any costs order. For details on particular categories of costs orders, see: Costs orders—overview and Practice Note: Costs orders—purpose, what to include and different types. For guidance on costs orders expressed in a foreign currency, see Practice Note: Foreign currency claims. Court’s discretion to deal with costs— Senior Courts Act 1981 There is no automatic right to recover expenditure incurred during litigation—recovery lies within the court’s discretion, as provided for in statute and the Civil Procedure Rules ( CPR). SCA 1981, s 51...

Some categories of proceedings in the Court of Session must begin by lodging a petition. This Practice Note explains the procedure applicable to petitions. For information on: other procedural routes in the Court of Session and the sheriff courts in Scotland, see Scottish DR: courts and civil procedure—overview, which links to detailed guidance other aspects of Scottish civil litigation, see the following Overviews, which link to more detailed guidance: Scottish DR: prescription and limitation—overview Scottish DR: starting a claim—overview Scottish DR: case management and evidence—overview Scottish DR: expenses and funding—overview Scottish DR: civil appeals and judicial review—overview Scottish DR: claims and...

Scope of this Practice Note This Practice Note provides guidance on the provisions set out in CPR 52 and CPR PD 52C. These provisions apply to appeals made to the Civil Division of the Court of Appeal. They do not extend to the following: appeals arising from detailed assessment proceedings against a decision of an authorised court officer; appeals to the County Court, the High Court, or the Supreme Court; appeals where the notice was lodged, or permission to appeal was granted, before 1 October 2012 (unless the court has ordered otherwise); situations where permission is sought to appeal a decision refusing to grant an interim injunction under section 41 of the Policing and Crime Act 2009. For guidance on appeal bundles when appealing to the County Court or the High Court, see Practice Note: Appeals to the County Court or the High...

This Practice Note explores when a party or their legal representative may communicate directly with the court under CPR 39.8, and on what terms. It also covers filing documents with the court, including by email. What are the rules regarding parties communicating with the court pursuant to CPR 39.8? Under CPR 39.8(1), any communication between a party and the court on matters of substance or procedure must be disclosed to, and if in writing (paper or electronic) copied to, the other party/parties or their representatives, unless: there is a compelling reason not to do so, which is set out in the communication ( CPR 39.8(3)), or another rule or practice direction permits it ( CPR 39.8(7)). If this requirement is not met, the court may impose sanctions or otherwise exercise its case management powers under CPR 3 ( CPR 39.8(6)). For details of the...

Recovery of counsel’s fees from the other side in proceedings This Practice Note explains when counsel’s fees can be recovered from an opponent. It addresses who is liable for counsel’s fees, how those fees are assessed, and the position where two or more counsel are retained. It also touches on the consequences of adjournment or settlement, and outlines the concept of devilling and its effect on costs recovery. It is established that counsel’s fees are recoverable as disbursements, regardless of whether the instructing solicitor might have undertaken the work—an approach confirmed by the Court of Appeal in Crane v Canons Leisure Centre (2007). In principle, such fees are recoverable from the opposing party in litigation. For broader guidance on disbursements, see Practice Note: Disbursements—costs recovery. On summary assessment there is no conventional requirement to produce a fee note to evidence counsel’s fees ( Mc Givern v MBR Acres Ltd...

Case details and analysis Issues considered MJS Projects ( March) Ltd v RPS Consulting Where a party unreasonably declines to mediate or to attempt another form of alternative dispute resolution ( ADR), the court may impose adverse costs consequences on that party, even if they ultimately win the case. This Practice Note collates examples illustrating how the courts approach the question of what, if any, costs order should be made where a litigant has disobeyed an order to undertake mediation or another ADR mechanism, or has acted unreasonably in declining ADR. It should be read alongside Practice Note: Costs consequences of refusing to consider ADR in civil proceedings, which explains the principles the court will apply and identifies the relevant CPR provisions governing the court’s powers to make such costs orders. For guidance on the parties’ duties to consider ADR, and on the courts’ powers to...

This Practice Note outlines how payment obligations under costs orders are addressed, distinguishes scenarios where the order specifies a deadline for payment, and offers guidance on phrasing and calculating such time limits. It also examines when a costs order becomes enforceable, whether enforcement can be stayed or deferred, and if a stay of execution can be lifted. The Note further considers whether additional time can be secured to meet a costs order. For advice on the court’s approach to parties who do not comply with interim costs orders, see Practice Note: Costs orders—debarring orders where there has been a failure to pay... Payment of a costs order—if the court order includes a time limit CPR 44.2(1) grants the court a general discretion in relation to costs. For commentary, see Practice Notes: Costs orders—the general rule and Costs orders—the court’s discretion. In addition to deciding whether one party...

This Practice Note examines the costs ramifications of altering a statement of case and the court’s latitude when determining a costs order where a party elects to amend their statement of case. For information on amending a statement of case, also see the following Practice Notes: Amending a statement of case—introduction Amending a statement of case—permission to amend Amending a statement of case—logistics of effecting an amendment Amending a statement of case—illustrative decisions Late amendments to statements of case—the court's approach Late amendments to statements of case—illustrative decisions Limitation—amendments to statements of case, set-offs and counterclaims Cost implications of amending a statement of case When dealing with an application to revise a statement of case, practitioners should consistently keep in mind the costs impact of the proposed change. The court retains a discretion as to whether to make a costs...

This Practice Note examines costs management orders ( CMOs). It outlines what they are, their purpose, and how extensively the courts employ them. It explains when a CMO will be made—most often at or shortly after the first case management conference ( CMC), though one can be ordered at any time. It also addresses what a CMO must contain, whether it can be overtaken or cancelled, and how to contest a CMO under CPR 3.1(7)... What are the CPR provisions for CMO? The provisions concerning CMOs are set out in CPR 3.15 and CPR PD 3D, para 12 (section F). Before 1 October 2020, these rules appeared in the former CPR PD 3E. Rule or practice direction Contents of rule or practice direction Comment CPR 3.15(5) Except in exceptional circumstances, the following costs are recoverable: The recoverable cost of initially completing Precedent H must not exceed the...

This Practice Note considers the costs position where parties have reached a settlement as to the underlying substantive dispute but have been unable to reach an agreement as to costs. It addresses scenarios where compromise is reached before proceedings begin yet costs remain unresolved; in those circumstances, and where specified requirements are satisfied, a costs-only Part 8 claim can be issued to seek recovery. By contrast, if settlement is achieved after proceedings have started, a Part 8 route cannot be used. The Practice Note explains how parties may invite the court to make a costs order in the absence of agreement, and whether the court might insist on a full trial to determine the dispute over costs. It also looks at cases where an application is settled but with no deal on the recovery of costs. This Practice Note does not cover the costs...