Legal Practice Notes

This Practice Note examines issues arising under the Limitation Act 1980 ( LA 1980) as they relate to tort claims. It outlines the limitation period for tort-based actions, with consideration of joint tortfeasors, overlapping contractual and tortious duties, contingent loss, continuing wrongs and latent damage. For broader guidance on limitation, see Limitation—overview and the following Practice Notes: Limitation Act 1980—general application Limitation—the principal limitation periods Initial considerations A tort is a breach of duty that gives the injured party a private law entitlement to recover compensatory damages at common law from the person responsible ( SAAMCO). Where a claim is founded in tort, the limitation period is six years from the date on which the cause of action accrues ( LA 1980, s 2). Be aware that the language of LA 1980, s 2 is broadly cast and is capable of covering newly...

ARCHIVED: This Practice Note is archived, is not maintained, and is provided solely for background information. Moreover, some links may not lead to the provisions as they stood on the date this Practice Note’s guidance was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Amendments to the Civil Procedure Rules ( CPR) (subject to the exceptions noted below) took effect on 6 April 2010. This note summarises the key changes, and all affected practice notes have been updated accordingly. Accordingly, it should be treated as background only and not relied upon for up-to-date procedural requirements at this time alone. Electronic Working Scheme A new Practice Direction 5C was introduced on 1 April 2010, enabling the electronic filing of claims and subsequent steps in: Admiralty, Commercial and London Mercantile Courts ...

This Practice Note considers case management on the fast track of civil claims that are issued before 1 October 2023. This Practice Note reviews how fast-track civil claims issued before 1 October 2023 are managed. Rules on directions and case management in the fast track differ depending on whether proceedings were issued before or after 1 October 2023. The main sources for fast-track case management are CPR 26, CPR PD 26, CPR 28 and CPR PD 28, all of which were amended with effect from 1 October 2023. Consequently, this Practice Note deals solely with fast-track case management for civil proceedings issued before 1 October 2023. For details on the approach to fast-track case management where proceedings are issued on or after 1 October 2023, see Practice Note: Fast track—case management—position on or after 1 October 2023. Note also that, in personal injury claims, the...

ARCHIVED : This archived Practice Note examines a number of matters arising in trial preparation in the sphere of factual witness evidence. It sets out the factors to weigh when deciding whether to call a particular witness, including the dangers of putting forward material as hearsay, and the important distinction between preparing and coaching a witness. It also deals with a solicitor’s code of conduct requirements and the need to ensure that all those whose oral testimony you plan to call at trial have filed witness statements in compliance with CPR 32.4(2). It is not maintained and is provided for background information purposes only. For guidance on interviewing witnesses and preparing them to give evidence at trial, see Practice Note: Witnesses—interviewing and preparing for trial [ Archived]. This Practice Note gives guidance on the interpretation and application of the relevant provisions of the CPR....

Amendments in force on 14 July 2017 ARCHIVED: This Practice Note has been archived and is not maintained. The European Small Claims Procedure Regulation ( EC) No 861/2007, together with Regulation ( EC) No 1896/2006 establishing a European Order for Payment Procedure, was amended by Regulation ( EU) 2015/2421. The revisions to the European small claims procedure took effect on 14 July 2017, except for Article 25, which applied from 14 January 2017 as it required Member States to provide information by 13 January 2017. This Practice Note has been revised to reflect these amendments. For details of the provisions in force from 14 July 2017, see Practice Note: European small claims procedure—from 14 July 2017 and European small claims procedure amendments—checklist [ Archived], which presents the original text alongside the updated wording. When the procedure applies EC Regulation 861/2007 applies to...

This Practice Note This Practice Note clarifies the meaning of applicable law—sometimes, depending on context, called governing law, proper law or the choice of law—namely the law applied to resolve a dispute between parties. It does not encompass procedural law. It identifies which applicable law regime operates in the courts of England and Wales ( English courts). The regime engaged will differ according to whether the dispute is contractual or non-contractual and, for contractual matters, whether the parties selected the applicable law via a choice of law (governing law) clause, including any subsequent variation of that agreement. In a world where international travel, trade and communication are routine, cross-border complications arise with ease. Parties conclude contracts daily across different countries and continents. Goods and services move across frontiers, and individuals suffer accidents outside the states where they ordinarily live and work. When a claim has a...

This Practice Note considers good faith in commercial agreements It explores the meaning of good faith and the degree to which it features in commercial arrangements, whether as an express commitment or as a term implied by law, including in the sphere of relational contracts. It also addresses agreements to negotiate in good faith, how other jurisdictions approach a duty of good faith, the operation of Braganza-type duties within commercial contracts, and offers drafting pointers for clauses dealing with good faith provisions. The orthodox position taken by the English courts has been to refrain from implying a general duty of good faith into commercial agreements, stating that, if parties intend to create such an obligation, it must be articulated expressly ( Mid Essex Hospital Services). Nonetheless, the courts may in some situations recognise an implied duty of good faith, either by applying the...

Practice Note This Practice Note outlines the principal features of guarantees and indemnities, the situations in which they are applied, and the matters beneficiaries and lenders ought to evaluate regarding the form of any guarantee or indemnity, including where such indemnities or guarantees are provided by either individuals or corporate bodies......

This Practice Note explains the application of the Administration of Justice Act 1920 ( AJA 1920/the Act) to the registration and enforcement of foreign judgments from superior courts in specified states and territories. It sets out the obligation to register in the High Court of England and Wales (the English court), together with the conditions and procedure for registration. It also notes when the court may refuse registration, the effect of a registration order, and guidance on setting aside or staying such an order. Note: For enforcement, the relevant provisions are AJA 1920, ss 9–14; ss 1–8 have been repealed. For guidance on enforcing an English court judgment outside the jurisdiction, see Practice Note: Cross-border enforcement of English...

ARCHIVED This archived Practice Note is no longer maintained and is provided solely for background reference. Moreover, certain links may not take you to the provisions as they stood on the date this Practice Note’s guidance was published. Note: The information here is applicable only where a writ of fieri facias or a warrant of control was issued before 6 April 2014 and enforcement under that writ or warrant had reached one of these points by that date: goods had already been distrained; goods had already been executed against; goods had already been made subject to a walking possession agreement. In such circumstances, execution of that writ or warrant proceeds under the pre‑6 April 2014 provisions. However, if you do not meet the above conditions, any enforcement by taking control of the debtor’s goods falls under the new regime in the...

This Practice Note outlines hearsay evidence—its meaning, use, and the rules for particular types of documents, including those exempt from the hearsay rule. It sets out the notice procedure where a party intends to rely on hearsay, and the steps to take if served with a hearsay notice under Rule 33.2 of the CPR. It also considers the court’s approach to hearsay, the weight it may carry, and the extent to which cross-examination is permitted under Rule 33.4. The question of admitting similar fact evidence at trial is also addressed What is hearsay evidence? A hearsay statement is ‘a statement made otherwise than by a person while giving oral evidence in proceedings which is tendered as evidence of the matters stated’, as defined in CEA 1995, s 1(2) and CPR 33.1. A gives evidence by witness statement instead of attending trial to speak to it...

This Practice Note gives a concise overview of the matters to address at the outset of a dispute. Begin by identifying whether there is a dispute resolution procedure or clause, and evaluate the extent to which it governs the dispute in hand. Where it is engaged, consider: the procedural and substantive requirements of that clause the governing law that applies to the clause which courts (if indeed it is a court) hold jurisdiction over the dispute For further detail on these points, see Practice Note: Dispute resolution clauses—what and why. For general guidance on alternative dispute resolution ( ADR) and the various forms of dispute resolution clauses, see: ADR and dispute resolution clauses—overview. Pre-action obligations A pre-action protocol sets out the steps that must be taken, for any claim within its scope, before court proceedings are issued. For information on the specific...

This Practice Note reviews the Hague Convention on Choice of Court Agreements, which governs both jurisdiction and the recognition and enforcement of judgments. It outlines the scope of the Hague Convention on Choice of Court Agreements and the need for an international case anchored by an exclusive choice of court agreement. It also examines issues lying outside the Convention’s reach, whether by specific exclusions within the text or through declarations made by contracting states. The Practice Note considers how the Hague Convention on Choice of Court Agreements applies in the UK. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi supplies detailed commentary on each article. When did the Convention come into force? The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico, followed by the EU. In...

Practice Note This Practice Note sets out guidance on the formalities to address when preparing witness statements in civil proceedings, and also offers direction on statements of truth and managing difficult witnesses. You should also consult Practice Note: Witness statements—substantive content, which covers the substantive elements. This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the court in which your case is being heard, you may need to take account of further requirements—see: Court specific guidance below. Where a witness statement is intended for use at trial in the Business and Property Courts and falls within CPR PD 57AC, refer for additional guidance to Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC......

This Practice Note explains how to interpret and apply the relevant CPR provisions. You should also look to additional material contained in the court guides—see Court specific guidance below. Preparation of expert report This Practice Note proceeds on the footing that permission has been granted to adduce expert evidence, and that a single joint expert will not prepare or give that evidence. For help on securing permission to adduce expert evidence, see Practice Note: Applying for permission to adduce expert evidence, and for guidance on Single joint experts. Expert witnesses and those instructing them are expected to have regard to: all applicable CPR Rules and Practice Directions, particularly CPR 35 and CPR PD 35 the Guidance for the instruction of experts in civil claims (the Guidance) Practice Direction Pre- Action Conduct and Protocols, para 7 For the expert’s duties, see Practice Note: Duties of an...

ARCHIVED: This Practice Note is drawn from provisions revoked with effect from 1 April 2013, and is retained solely for historical context. Fixed costs—money or goods In particular circumstances, the court may require the unsuccessful party to pay only fixed sums in relation to the successful party’s solicitors’ costs. Those costs consist of: fixed commencement costs other solicitors’ charges The applicable rules on fixed costs are contained in Part 45......

This Practice Note summarises a number of illustrative cases addressing applications for freezing injunction. It offers an overview of the array of factual settings and questions that can emerge around these orders, with a particular emphasis on rulings issued from 1 January 2025 onwards. For significant and illustrative judgments handed down before 2025, see Practice Note: Freezing injunctions—key and illustrative decisions (2020–2024) [ Archived]. Be aware that the CPR provisions governing interim injunctive relief, including freezing orders, were amended with effect from 6 April 2025. In particular, CPR 25 underwent substantial revision and the related Practice Directions, including the specimen draft freezing order formerly set out in Annex A to Practice Direction 25A, were revoked. A new model order for a freezing injunction took effect on 6 April 2025 in its place. The reforms were not designed to bring about any material change to the...

List of Issues for Disclosure This Practice Note examines the List of Issues for Disclosure required when applying for Extended Disclosure under the Disclosure Scheme in the Business & Property Courts ( B& PCs) pursuant to CPR PD 57AD. The Scheme took effect on 1 October 2022 after a disclosure pilot. Judgments from the pilot continue to be relevant and are reflected below. For guidance on which disclosure regime governs a claim, see: Which disclosure rules apply to my claim—flowchart? Identifying the ‘ Issues for Disclosure’ is necessary whenever a party seeks Extended Disclosure under the Scheme. For more detail, see the following Practice Notes: Disclosure Scheme— Extended Disclosure Disclosure Scheme— Extended Disclosure and Less Complex Claims The List of Issues for Disclosure is a pivotal document. Meticulous drafting—carried out in co‑operation with the other parties—helps ensure that the court, at the outset, orders the most...

This Practice Note offers clear direction on the rules and processes governing the presentation of expert evidence. For an overview of the key principles and wider issues concerning expert evidence in Scottish civil litigation, also refer to Practice Note: Expert evidence in Scottish civil litigation—general considerations. Are there any pre-action requirements or other procedural rules regarding early disclosure of expert evidence? Pre-action protocols oblige disputing parties to engage constructively before proceedings are formally commenced. Their purpose is to promote early contact and the informed sharing of information, such as expert reports. Non-compliance with pre-action duties can frequently affect awards of expenses for the parties. Likewise, certain procedures feature active judicial case management, extending to matters of expert evidence and its handling. For ordinary actions, in both the sheriff court and the Court of Session, there are no compulsory pre-action steps presently required. However,...

Although every litigation funding agreement ( LFA) and the papers that sit alongside it differ by funder and the nuances of the dispute being financed, certain core points must still be tackled through the various stages of negotiation, in any event. This Practice Note forms part of a concise series by Tanya Lansky and Tets Ishikawa, Managing Directors at Lion Fish Group Ltd, intended to equip those involved in the negotiation and assessment of LFAs and related documents with clearer insight into the key considerations. Co-funding As the market has matured and inflation has pushed up funding budgets, it is now far more commonplace for funders to spread the investment exposure in any given case with one or more peers. Some funders agree to the full LFA and later novate or dispose of sub-participation interests over a portion of their exposure to other funders or...