Legal Practice Notes

Requirement to pay funds into court This Practice Note examines the obligation and process for paying monies into court once an order for security for costs has been made. It also addresses applications for payment out to a party, together with applications for any surplus to be applied in satisfaction of a judgment. The Note proceeds on the footing that the security for costs application was brought by the claimant. That said, the same principles equally apply in other contexts, for instance where the claimant applies against a counterclaiming defendant... This Practice Note sits within a suite of materials on issues concerning security for costs under CPR 25, with the other Practice Notes listed in Security for costs—overview. From 6 April 2025, amendments to CPR 25 took effect, re-numbering the former provisions and revising parts of the wording dealing with security for costs. Where...

‘securities litigation’ This Practice Note addresses ‘securities litigation’ in the setting of misleading statements, providing a concise comparison of the distinguishing aspects of pursuing private civil claims for losses arising from acquiring, continuing to hold, or disposing of securities following the publication of inaccurate information by companies, their directors, or those promoting investment in them. It sets out, in tabular form, the principal requirements across various bases of claim: common law misrepresentation, deceit and negligent misstatement; Financial Services and Markets Act 2000 claims (ss 90, 90A and Sch 10A); claims under the Public Offers and Admissions to Trading Regulations 2024 ( SI 2024/105, reg 30 and Sch 2) (see New Analysis: UK listing and prospectus regime reform—potential impact on securities litigation); and Companies Act 2006 claims (section 463). See Practice Notes: FSMA 2000—claims relating to misleading statements and omissions (including claims under POATRs, SI 2024/105, reg 30 and Sch...

This Practice Note This Practice Note is intended for identifying the governing law where a contract was concluded from 17 December 2009 to 31 December 2020. It addresses consumer contracts under Article 6(1) of Regulation ( EC) No 593/2008 of the European Parliament and the Council of 17 June 2008 on the law applicable to contractual obligations ( Rome I). It sets out, step by step, how the applicable law for consumer agreements is ascertained, and the limits placed on any choice of law the parties seek to make, including where they wish to select their own governing law. As a rule, a consumer contract is governed by the law of the country of the consumer’s habitual residence. The Note outlines how to establish the consumer’s habitual residence and explains why the formal validity rules that apply to other contracts do not apply in this...

Practice Note This Practice Note explains the steps a respondent should take when served with an appellant’s notice of appeal in the County Court, the High Court or the Court of Appeal under CPR Part 52. It addresses preparing and filing a written statement answering an application for permission to appeal ( PTA) under paragraph 19 of Practice Direction 52C, identifies when a respondent’s notice is required, what it ought to include, whether amendments are permitted, and the deadlines for filing and service. It also reviews the circumstances in which an appeal notice may properly be struck out under Rule 52.9, alongside treatment of skeleton arguments and PTA issues. The Practice Note directs readers to the provisions contained in CPR 52 and CPR PD 52A, and indicates that those general provisions are stated to apply to: appeals to the Civil Division of the Court of...

Repudiation This Practice Note addresses repudiation and clarifies what constitutes a repudiatory breach of contract. It outlines how such a breach strikes at the heart of the agreement and the courses open to the innocent party following the other party’s repudiation, namely choosing to accept the repudiatory breach and treat the contract as terminated, or alternatively to affirm the agreement. The Practice Note also sets out the concept of anticipatory breach of contract and considers when that, too, may amount to a repudiatory breach. The right to terminate for a repudiatory breach arises at common law and is a technically demanding area, extensively illustrated by case law. A party contemplating termination for another party’s repudiatory breach is advised to proceed with care. Termination on this basis is not a risk‑free approach, and every matter must be assessed on its particular facts. Where a party...

This Practice Note examines provisional assessment, a process introduced in the High Court and County Court in April 2013. It outlines what it involves and the circumstances in which it is used. It explains the applicable rules, how the assessment is undertaken, and what options are available if the parties wish to challenge the provisional assessment. It also considers appeals arising from decisions made following a request for an oral rehearing of issues determined on provisional assessment. For quick reference to the provisions engaged in provisional assessment proceedings, see: What rules apply for provisional assessment—checklist Documents required for provisional assessment—checklist What is it and when does it apply? What is it? Provisional assessment is the process by which the court assesses costs on the papers, without an oral hearing. The specific framework is set out in CPR 47.15. As the process is...

For guidance on the fundamental features of the doctrine of estoppel and the various classifications applied to it, see Practice Note: Estoppel—what, when and how to plead and related content. —what is it? Where A, through words or conduct, gives B a definite and unambiguous promise or assurance about their legal relations, intending it to be relied upon, and B does rely and acts accordingly, A will not thereafter be allowed to revert to the earlier legal position as if no such promise or assurance had been made. It is also sometimes referred to as ‘equitable forbearance’ and is said to have developed from the doctrine of waiver, which occurs where one party ( A) voluntarily agrees to a request by the other ( B) not to perform in the manner fixed by the contract—see Practice Note: Estoppel—what, when and how to plead (section on...

This Practice Note addresses securing extra time to serve the claim form. It reviews threshold issues, including whether the claim form is valid (under CPR 7.5 or as prescribed by statute). It also examines the effect of applying within or after the claim form’s validity window, the bases on which the court may allow more time, and any imitation considerations. An extension for service of the claim form is not a mere box‑ticking exercise. It highlights the difference between applying while the claim form remains valid and applying once validity has lapsed, and related procedural considerations. For guidance on: making an application, see Practice Note: Extending time for service of the claim form—making an application the alternative routes when faced with difficulties serving the claim form, see Practice Note: Difficulties with service of the claim...

Read this Practice Note alongside Practice Note: Civil restraint orders, which sets out general information on civil restraint orders ( CROs) that applies to all forms of CRO. For material on other orders available against vexatious litigants, also see the following Practice Notes: Limited civil restraint orders General civil restraint orders Civil proceedings orders against vexatious litigants What is an extended civil restraint order ( ECRO)? An extended civil restraint order ( ECRO) can be made where a party has persistently brought claims or lodged applications that are ‘totally without merit’ ( CPR PD 3C, para 3.1). It stops that party from issuing further applications or claims in specified courts relating to the matters in the present proceedings, unless prior permission of the court is obtained ( CPR PD 3C, para 3.2). The Court of Appeal has signalled that courts should be readier to grant...

Practice Note This Practice Note sets out how expert witnesses differ from expert advisers, outlines the key contrasts between these functions, weighs the pros and cons of engaging an expert adviser, and highlights the matters to address if that adviser is subsequently instructed to serve as an expert witness. It also addresses what an assessor is and the part they may play in certain proceedings. The Note gives guidance on elements of the court rules. Depending on the court dealing with your matter, you may need to consult the relevant court guides as well; see the section: Court specific guidance below......

This Practice Note This Practice Note explains the factors to carefully weigh when deciding whether expert evidence is necessary, and how to approach that assessment. It sets out why appropriate, relevant expertise—both of instructed experts and any proposed candidates—matters, and identifies the kinds of issues and disputes that may call for expert input, including questions of foreign law, as well as how to research and evaluate other categories of expert material. This Practice Note also gives guidance on interpreting and applying the pertinent provisions of the CPR. Depending on the court in which your case is progressing, you should be alert to any further and applicable requirements—see: Court specific guidance. This Practice Note should also be read alongside the following Practice Notes: Applying for permission to adduce expert evidence Duties of an expert When instructing experts, you are expected to have regard to: all...

This Practice Note sets out guidance on carrying out a sale under an order for sale following a charging order, addressing the chosen route to sale (private treaty, auction, etc), matters to resolve before completion such as vacant possession, ending tenancies and redeeming incumbrances, and the application of the sale proceeds. Once a charging order is secured, the creditor gains a measure of security for the debt (which may in some instances be limited—see Practice Note: Charging orders over land—registration issues). If the debt stays outstanding, the creditor’s next step is to enforce the order against the debtor. Subject to the Charging Orders Act 1979, a charging order has effect and can be enforced in the same way as an equitable charge. In practical terms, enforcement involves obtaining an order for sale. Obtaining an order for sale A charging order merely secures the value of the...

This Practice Note examines early neutral evaluation ( ENE), a type of alternative dispute resolution ( ADR). What is ENE? ENE involves the parties asking an impartial evaluator to provide a view on the strengths of the case or on discrete issues. Typically, the evaluator is a solicitor, barrister or subject-matter specialist. On occasion a judge may act in this role; see: Judicial ENE. As with other ADR processes, the structure is agreed by the parties, but it commonly features: a more interventionist approach than mediation; rather than shuttling between sides, the evaluator sets out, often in firm terms, their view of the probable result the evaluator’s view is usually not binding their assessment can provide a platform for later settlement discussions As the evaluator’s view is typically non-binding and frequently delivered without the full factual record that a trial would reveal, a party...

This Practice Note sets out general guidance on drafting statements of case. This Practice Note offers direction on preparing statements of case in general (covering particulars of claim, defences, and any replies or counterclaims), addressing what a statement of case (often called a pleading) ought to contain, appropriate length, and practical points to bear in mind when drafting. It also explains the length of such documents and offers practical suggestions to consider during drafting. Further pointers support effective preparation in practice. It gives overarching guidance on reading and applying the pertinent provisions of the Civil Procedure Rules ( CPR). Requirements may vary by the court handling your case, so be alert to any extra provisions—see: Court specific guidance. This Practice Note provides broad pointers for drafting statements of case. For detailed requirements on what a statement of case must include, tailored to the document type (claim form,...

What is litigation funding? Litigation funding—often termed litigation finance or third party funding—describes an arrangement whereby an independent funder pays some or all of the costs and legal outlay of bringing a claim. Although such backing may (and sometimes does) be provided on a gratuitous basis (eg through ‘crowd‑funding’ or by a benefactor), references to ‘litigation funding’ generally point to the for‑profit market in commercial litigation finance. This Practice Note concerns commercial litigation funding. Claimants commonly obtain finance to meet all disbursements and legal fees in line with a pre‑agreed budget set out in a funding agreement. Funding can, however, also be extended for discrete items, for example to cover one or several disbursements such as premia for after‑the‑event insurance ( ATE), experts, external counsel, or arbitration costs. Most frequently, third party finance is provided on a non‑recourse basis, meaning that: if the...

This Practice Note summarises the nature of an application for specific disclosure and highlights particular considerations that may arise depending on the court hearing the matter and the track to which the claim has been assigned, and addresses procedural points that commonly arise. It should be read alongside the following Practice Notes: Specific disclosure—making an application Specific disclosure—the courts’ approach Those Practice Notes provide procedural detail and discuss case law and related authorities on applications for specific disclosure. For general guidance on inspection, see: Specific disclosure and specific inspection—overview. Note: where a claim falls within the disclosure regime of the Business & Property Courts, see: Disclosure Scheme ( Business & Property Courts)—overview, as applicable, and the Practice Notes: Disclosure Scheme— Initial Disclosure and Disclosure Scheme—varying Extended Disclosure and disclosure of specific documents. What is specific...

This Practice Note offers direction on compiling a list of documents for standard disclosure under Part 31 of the Civil Procedure Rules ( CPR), together with CPR PD 31A and CPR PD 31B. It sets out how to finalise the list in detail, the various classes of documents that require disclosure, the approach to items no longer within a party’s control, how electronic material is dealt with, and what the disclosure statement must contain. This Practice Note does not seek to address claims falling within the disclosure scheme of the Business and Property Courts. For guidance on that scheme, see: Disclosure Scheme ( Business & Property Courts)—overview. For general advice on data protection duties in dispute resolution, refer to Practice Notes: Dispute resolution—data protection and GDPR considerations and Disclosure—data protection and GDPR considerations. This Practice Note provides guidance on the relevant...

ARCHIVED: This Practice Note has been archived and is not maintained This Practice Note provides practical guidance for carrying out a reasonable search for standard disclosure under CPR 31.7, addressing timing, the Electronic Documents Questionnaire ( EDQ), strategy, proportionality, and the importance of co-operation and collaboration. It also considers cost shifting—where the court may order that the costs of disclosure (or a specific component, such as restoration) are apportioned between the parties—so that some or all of the expense is borne by the other side. This Practice Note should be read alongside the following Practice Notes: Disclosure under CPR 31—introduction Disclosure—standard disclosure and the reasonable search Disclosure—processing documents This Practice Note does not address the disclosure scheme in the Business and Property Courts. For guidance, see: Disclosure Scheme ( Business & Property...

This Practice Note sets out the definitions adopted by the Business and Property Courts’ ( B& PCs) Disclosure Scheme under CPR PD 57AD. It also summarises the scheme’s fundamental principles, encompassing the obligations on all parties to proceedings and their legal representatives, and clarifies what constitutes control of documents. In the majority of cases before the B& PCs, disclosure proceeds in accordance with the Disclosure Scheme contained in CPR PD 57AD. The Scheme took effect on 1 October 2022, following the disclosure pilot. Decisions handed down during the pilot continue to carry weight and are noted below. For help on when the Scheme applies (and any exceptions), see: Practice Note: Disclosure Scheme—when and where it applies Which disclosure rules apply to my...

This Practice Note addresses compliance with disclosure orders and the obligations under the Disclosure Scheme operating in the Business and Property Courts ( B& PCs) pursuant to CPR PD 57AD. It offers guidance on completing the Disclosure Certificate, the procedure for providing Extended Disclosure (where ordered), and the production of disclosure documents under the Scheme (covering withholding and redaction, confidentiality, and inadvertent disclosure), together with guidance on the consequences of failing to comply with disclosure orders and obligations. The Disclosure Scheme commenced on 1 October 2022 following a disclosure pilot scheme. Judgments under the pilot scheme remain relevant and are included below. Note: regrettably, the structure of CPR PD 57AD means there is not always full consistency in how provisions are arranged as between those concerning disclosure generally under the Scheme and those dealing solely with Extended Disclosure. The material below...