Legal Practice Notes

This Practice Note It sets out a high-level comparison of the alternative procedural mechanisms available to claimants bringing civil group claims in England and Wales, outlining the principal routes. adding multiple parties to a single claim form; pursuing a sample or chosen set of lead claims; applying for the claims to be managed through a group litigation order ( GLO) under CPR 19; or proceeding by way of a representative claim pursuant to CPR 19 where the individuals share the ‘same interest’ in a claim. It goes on to examine the principal distinctions between issuing one claim form for many parties (a ‘joint claim’) and managing multi-party litigation under a GLO under CPR 19......

Class actions— Greece— Q& A guide This Practice Note offers a jurisdiction-specific Q& A overview of class actions in Greece, featured in the Lexology Getting the Deal Through series by Law Business Research ( Law stated at: 3 April 2023). Authors: Moussas and Partners Law Firm— Nicholas Moussas Maria Malikouti Charalampos Kondis Christina Petra Grigoriadou Evelina Leontiou 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Collective actions are primarily governed by the Greek Consumer Protection Law ( Law 2251/1994). The framework has recently been amended by Law 5019/2023, which transposes Directive ( EU) 2020/1828 on representative actions for safeguarding consumers’ collective interests and repeals Directive 2009/22/ EC. The new statute introduces provisions on collective proceedings, rebranding them as...

Class actions— Spain— Q& A guide This Practice Note is a jurisdiction-specific Q& A on Spanish class actions, produced for the Lexology Getting the Deal Through series by Law Business Research (law stated as at 21 July 2023). Authors: Cuatrecasas— Esther De Félix; María Pérez Carrillo; Adrián Yuste. 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? The Spanish court structure does not allocate a dedicated jurisdiction for class actions. Such cases are heard either by first instance civil courts or by commercial courts, according to the nature of the claim. First instance civil courts: hear class actions founded on general contract law. They are also competent to hear ‘class actions provided in the legislation on general contracting conditions and the protection of consumers and users’, following a very recent...

This Practice Note explains how the English courts approach issues of foreign law. It covers a broad range of matters, including construing overseas legislation and case law, handling conflicting or uncontradicted evidence, and the differing routes where foreign law is: not pleaded; pleaded with evidence adduced; pleaded without evidence adduced; or supported by inadequate material. It also considers when the court may depart from the evidence, the effect of public policy, and the operation of mandatory English law. For further aspects of foreign law, see Practice Note: Foreign law—a guide for dispute resolution practitioners. Role of the court In relation to foreign law, the court’s function is to decide some or all of the following: Which law—foreign or English—should govern, by applying conflict of laws principles where the parties have not agreed a governing law The ambit of foreign law evidence and whether...

This Practice Note offers guidance on dealing with requests for further information made under CPR 18 and CPR PD 18 (commonly called a Part 18 request). It explains how and why you might object to a Part 18 request, the potential consequences of not replying, and the approach to providing a response. What is a Part 18 request for further information? A Part 18 request is a request for further information made pursuant to CPR PD 18, paragraphs 1.1–1.7. For further detail, see Practice Note: Making a Part 18 request for further information. Can you object to responding to a Part 18 request? There are several grounds on which a recipient may object to giving a response. Where the receiving party has legitimate reasons to object, these should be raised at the earliest possible stage. The importance of raising objections If the receiving party has proper...

This Practice Note considers the requirement for a ‘good arguable case’ which must be met to establish that the English courts have jurisdiction to determine a dispute. To satisfy the good arguable case threshold, a claimant must show that the claim falls within at least one of the jurisdictional gateways in CPR PD 6B, para 3.1. This threshold is engaged only where permission to serve proceedings out of the jurisdiction is sought (or has been granted and the defendant then contests the court’s jurisdiction). It does not apply where permission is unnecessary, for instance under CPR 6.32 and CPR 6.33, or via the parallel service route in the Companies Act 2006, as confirmed in Titan Wealth Services Ltd v Tavistock Investments PLC (2025). Although aspects of that decision were successfully appealed, the jurisdiction findings were left undisturbed. For a summary of the...

Disclosure: an important and integral part of litigation Disclosure obliges parties to set out every document within their control that relates to the issues in dispute, share this with the other participants, and permit opponents to inspect them. It is a mandatory and central step in litigation, capable of winning or losing a case. Under the rules for disclosure in claims in the Business and Property Courts (see regime 2 below), it is regarded as vital to the just determination of civil proceedings ( CPR PD 57AD, para 2.1). The exercise consists of locating and providing documents relevant to the live issues. In the conduct of litigation, the Court of Appeal observed in 2014 that the public interest lies in all relevant evidence reaching the court, whilst acknowledging that the duty intrudes upon a litigant’s privacy and...

This Practice Note outlines distinct categories of claims and considers which jurisdictional gateway(s) may suit an application to serve a claim form outside the jurisdiction. It should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Breach of confidence claims Before October 2015, there was uncertainty over the correct gateway for a breach of confidence claim. That uncertainty ended on 1 October 2015, when gateway 21 took effect, expressly addressing claims for breach of confidence and misuse of private information. For guidance, see Practice Note: Cross-border service—jurisdictional gateways 21–23 (breach of confidence/misuse of information). Claims involving digital assets The legal framework and procedure for disputes concerning digital assets remain relatively new and continue to develop. When addressing questions of service, it is essential to understand the current position before serving a claim form in proceedings involving digital assets. For guidance, see Practice Note:...

This Practice Note outlines how an oral examination of a judgment debtor is conducted following an order to attend for questioning under CPR 71. It sets out the differing approach taken where the examination is before a court officer as opposed to a judge, indicates whether the hearing occurs in public or in private, and addresses the possibility of an adjournment. It also offers guidance on construing and applying the pertinent provisions of the CPR. Depending on the court in which the proceedings are taking place, you may need to consider further requirements—see the Court specific guidance below. For background to the CPR 71 regime, including who may invoke it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For the steps involved in securing an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR...

Does the Disclosure Scheme operate a different disclosure regime for Less Complex Claims? This Practice Note reviews the streamlined route for obtaining Extended Disclosure in Less Complex Claims under the Disclosure Scheme in the Business and Property Courts ( B& PCs) pursuant to CPR PD 57AD. The Scheme took effect on 1 October 2022 following a disclosure pilot. Judgments from that pilot remain pertinent and are included below. Any citations to Appendices 5, 6 or 7 in this Practice Note are to those appendices to CPR PD 57AD. As explained in Practice Note: Disclosure Scheme— Extended Disclosure, the Scheme contemplates a staged approach to disclosure comprising: first, Initial Disclosure served with the statements of case, alongside any potential request for further 'additional disclosure' (see Practice Note: Disclosure Scheme— Initial Disclosure); and second, before the first case management conference ( CMC), the parties must confer and seek to...

This Practice Note presents illustrative examples of how the court applies the guideline hourly rates ( GHR). The GHR are benchmark figures used for the summary assessment of costs, set out by pay band and grade of fee earner across different regions of the country. While conceived as a launching point for judges conducting a summary assessment, the GHR are frequently treated as the initial reference for fixing hourly rates on a detailed assessment. The current GHR have been effective from 1 January 2026 and were uplifted to reflect inflation. Earlier GHR applied during these periods—1 January 2025 to 31 December 2025, 1 January 2024 to 31 December 2024, and 1 October 2021 to 31 December 2023. Before 1 October 2021, there had been no revision since 1 April 2010. This Practice Note collates sample decisions demonstrating the court’s use of the GHR. It is...

Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. This Practice Note focuses on factual evidence in Scottish civil proceedings. It explains: what factual evidence may and may not be led how to gather factual evidence (and when this may not be required) disclosure obligations in Scottish civil litigation and the effect of legal professional privilege how to place factual evidence before the court how to present the evidence in court Certain actions have special procedures that can influence how factual evidence is handled; these are covered as well (excluding family actions, which are not discussed in this Practice Note). For guidance on: matters to...

This Practice Note offers guidance on completing the most frequently used application notice, form N244. It also explains how to interpret and apply the relevant CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see the section Court specific guidance below. Notably, the Commercial Court and the Circuit Commercial Courts use their own versions of an application notice. For assistance, see Practice Note: The application notice in the Commercial Court—form N244( CC)... What is an application notice? An application notice is the document by which an applicant signals an intention to seek a court order ( CPR 23.1). A document will qualify as a valid application notice provided it: states the order sought and, in brief, the reasons for it ( CPR 23.6) is signed and sets out ( CPR PD 23A, para 2.1): ...

This Tracker reviews significant legislative changes, consultations and other developments of note for Dispute Resolution ( DR) practitioners, where matters are no longer live yet remain useful for historical reference. It spans alternative dispute resolution ( ADR), Brexit, debt management, civil procedure, consumer contracts, enforcement and the Solicitors Regulation Authority ( SRA). For live updates, see Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. For lawtech tracking, see Practice Note: Tracker—cryptoassets for Dispute Resolution lawyers. ADR Consultation Civil Justice Council ( CJC) Interim Report on the future role of ADR in Civil Justice Key dates: October 2017–15 December 2017 Details: In January 2016, the CJC decided to convene a Working Group to examine how ADR (excluding arbitration) had been promoted and embedded within the civil justice architecture in England and Wales. The Working Group’s interim findings were released in October 2017. The CJC contended that ADR had not...

This Tracker reviews the Guideline Hourly Rates ( GHR). These are the figures the court looks to, on summary assessment, to decide whether a solicitor’s hourly charges are reasonable for civil and commercial work. A series of reviews has taken place and is summarised below. Uplift to GHR on 1 January 2026 The Master of the Rolls ( MR) confirmed that from 1 January 2026 the GHR will be adjusted for inflation in line with the Services Producer Price Index ( SPPI). For further information, see: LNB News 02/01/2026 10— Master of the Rolls updates solicitors’ guideline hourly rates for 2026. Uplift to GHR on 1 January 2025 The GHR rose for inflation on 1 January 2025 in accordance with the SPPI. For more detail, see: LNB News 02/01/2025 32— Master of the Rolls announces update to Guideline Hourly Rates. Uplift to GHR on 1 January 2024 The GHR were...

This Practice Note provides guidance on making an application for a freezing injunction (also known as a Mareva injunction or freezing order). It outlines the steps for seeking any type of freezing relief, whether a domestic freezing injunction, a worldwide freezing injunction ( WFO), or a notification injunction. As a freezing injunction is an interim remedy, familiarity with the core procedures for interim injunctions is essential, whether the application is made on notice or without notice. For further direction, consult the following Practice Notes: Interim injunctions—on notice applications Interim injunctions—without notice applications For the principles the court will apply when bringing or answering a freezing application, see Practice Notes: Freezing injunctions—guiding principles, and refer also to: Applying for a freezing injunction—checklist Responding to a freezing...

This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you should also be alert to any additional provisions—see further below. What is the ‘ Chabra jurisdiction’? This Practice Note addresses freezing injunctions against third parties, rather than defendants in the litigation, pursuant to the Chabra jurisdiction. The label derives from Mummery J’s decision in TSB International v Chabra. In that case, the court granted a freezing order over a third-party company where there was a good arguable case that assets appearing in the company’s name were in fact beneficially owned by Mr Chabra, and thus those assets, or at least some of them, might be available to satisfy the claimant’s claims against Mr Chabra if the claimant were successful at trial. As a result, the courts’...

Asset disclosure orders in support of a freezing injunction This Practice Note offers guidance on asset disclosure orders made in aid of a freezing injunction (also called a Mareva injunction or freezing order). It sets out when the court may grant asset disclosure or further disclosure, the ambit of such orders, and briefly addresses confidentiality and the privilege against self-incrimination. It also covers orders concerning the source of legal funding and the cross-examination of a respondent about their assets. The Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the forum hearing your case, you should also be alert to any additional requirements—see the main section titled Court specific guidance below. For broader background on freezing injunction applications and the governing principles, see Practice Notes: Freezing...

This Practice Note on civil fraud claims This Practice Note on civil fraud claims examines the particular pleading demands and issues when preparing your particulars of claim alleging fraud and/or dishonesty. For early-stage steps when a client first suspects they may have a civil-fraud based claim, see Practice Note: Starting a civil fraud claim—a practical guide. For an overview of the various causes of action available in civil fraud, see Practice Note: Civil fraud—heads of claim. For broader direction on drafting particulars of claim, see Practice Note: Drafting the particulars of claim. This Practice Note also explains how the relevant provisions of the CPR should be interpreted and applied. Depending on the court in which proceedings are brought, additional requirements may apply—see the section Court specific guidance below. The following succinctly captures the approach required when pleading fraud: this is a fraud case; Jinxin must set out its...

This Practice Note offers a perspective on how the court decides whether to grant extra time, illustrated by sample decisions. The leading authorities, which articulate the principles applied by the courts, are collected in Practice Note: Extending time for service of the claim form—principles. For practical guidance on issuing an application to extend time, see Practice Note: Extending time for service of the claim form—making an application... Extension of time granted or upheld The following judgments demonstrate the court’s approach when allowing additional time for service, or when declining to overturn an order that extended time... Crossroads Corporate Finance ( UK) LLP v Ontario Management Ltd [2025] EWHC 1011 ( Comm) — The claimants obtained three extensions to the original validity period of the claim form before serving a defendant in Germany. Once service occurred, that defendant challenged the first and second...