Legal Practice Notes

This Practice Note considers the approach of the English courts when considering whether to stay English court proceedings where the parties have agreed an exclusive, non exclusive or asymmetric jurisdiction clause. The courts deploy the strong reasons test when deciding whether to grant a stay. A jurisdiction agreement may point to the English courts or to a foreign court, as expressly stated within the clause. Where the parties have opted for an English jurisdiction clause yet a claim is commenced abroad, the English courts can be invited to restrain the overseas claimant from continuing those proceedings, for instance through an anti‑suit injunction. For further guidance, see Practice Note: Anti‑suit injunctions—principles. On issues of forum non conveniens, the English courts follow the approach in Spiliada Maritime Corporation v Cansulex Ltd (1987), namely whether there exists a clearly or distinctly more appropriate forum for...

What is costs management? Costs management is the process by which the court directs both the steps to be taken and the parties’ expenditure to advance the overriding objective ( CPR 3.12(2)). It is implemented through costs budgeting and costs management orders ( CMOs), intended to secure proactive and proportionate control of costs. A CMO is a judicial order that regulates the costs to be incurred in litigation, aiming to keep them within the agreed or approved figures in a party’s approved costs budget and in line with proportionality principles. For further information on costs management and costs budgeting generally, see Practice Note: Costs management and costs budgeting—general principles. What are costs budgets? The following provides a high-level overview of completing a costs budget and the points to consider. For more detailed guidance (in addition to the outline below), see Practice Notes: Costs...

This Horizon scanner reviews current and upcoming developments relevant to Dispute Resolution ( DR) lawyers as at 16 September 2025. It reflects changes since the 12 February 2025 edition of the Horizon scanner: Dispute Resolution— Horizon scanner— February 2025 [ Archived]. Hot topic— CPR and PD updates A further set of CPR rules and Practice Direction ( PD) revisions takes effect on 12 September 2025 and 1 October 2025. September CPR changes Revisions to CPR 82 refine the closed material procedure. The amendments widen permissions on who a special advocate may contact, and bring in ‘draft closed summary’ and ‘draft closed defence’ documents for application hearings. For more on closed material procedure, see Practice Note: Closed Material Procedure. October PD and CPR changes The principal update ends the Electronic Working Pilot Scheme under CPR PD 51O, replacing it with a permanent PD— CPR PD 5C. For guidance on the...

A party may apply to the court for a Norwich Pharmacal Order ( NPO), a judicial direction obliging a third party to disclose documents or information. The label originates from Norwich Pharmacal Co v Customs and Excise Commissioners. An NPO is usually granted where a legal wrong has been committed (or is reasonably suspected) and a third party, drawn into the wrongdoing (even innocently), is able to supply information or documentation necessary to identify or pursue the wrongdoer. Applications for an NPO are brought under CPR 31.18 and, although CPR 46.1 (pre-commencement disclosure and orders for disclosure against a person who is not a party) does not directly apply to these applications, the courts have drawn comparisons between the two regimes. For further information on NPOs in general, together with making an application for an NPO, see Practice Notes: Norwich Pharmacal orders ( NPOs) and...

When disagreements arise in property transactions, parties typically have a number of avenues for resolving matters, each bringing its own benefits and drawbacks. This Practice Note explores those routes and provides examples of the types of property dispute that may lend themselves to settlement through alternate dispute resolution ( ADR). ADR in property disputes It is well recognised that ADR can be an effective method of resolving disputes, especially in property disputes and other commercial transactions. ADR is: efficient cost-effective capable of producing settlements that courts may not be able to replicate more imaginative than judicial awards tailored to the commercial needs of the parties At present, ADR is not compulsory in Scotland, so it is not a necessary pre-requisite to legal proceedings; however, practitioners still have obligations to advise on, and consider, ADR......

This Practice Note on commencing a debt claim outlines the matters to consider both before and after issuing a straightforward contractual debt action, including the correct jurisdiction, limitation, alternative dispute resolution ( ADR) and insolvency options, pre-action obligations, assignment of debts, and when, where and how to issue and serve proceedings. For an explanation of what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims. Further guidance on debt claims includes: Practice Note: Discharging a contractual debt Starting a contractual debt claim—checklist (covering, in summary, issues such as the nature of the claim, the contracting parties, the debtor’s assets, the debt’s value, and what the client aims to achieve through litigation, with links to related content) For broader guidance on starting claims, see: Starting a claim or...

This Practice Note considers the opposition to a security for costs application on the basis that it would stifle the ability of the claimant to pursue their claim against the defendant. This Practice Note is prepared on the footing that the defendant has brought the security for costs application. It should be read so that the same principles apply, with suitable adjustments, in other procedural settings as outlined below: For a counterclaim, the defendant to the counterclaim (that is, the claimant) may seek security for costs. For a Part 20 claim, a Part 20 defendant may apply for security against a Part 20 claimant. Accordingly, construe this Practice Note to fit those scenarios. Note that, on 6 April 2025, amendments to CPR 25 took effect, which renumbered the previous provisions and revised aspects of the wording dealing with security for costs. This...

Practice Note: Criminal offences under the Data Protection Act 2018 ( DPA 2018) This Practice Note outlines the criminal offences set out in the Data Protection Act 2018 ( DPA 2018). Those provisions took effect on 25 May 2018. For details of the DPA 2018’s aims and coverage, see Practice Note: The Data Protection Act 2018. The DPA 2018 repealed the Data Protection Act 1998 ( DPA 1998) on 25 May 2018. However, data protection offences committed before 25 May 2018 may still be pursued under the DPA 1998 notwithstanding its repeal. For guidance on data protection and data handling offences under the DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [ Archived] and Notification offences under the Data Protection Act 1998 [ Archived]. The DPA 2018 was later amended by the Data Protection, Privacy and...

This Practice Note explores the principal considerations when preparing a settlement agreement: correctly identifying the parties (including any relevant third parties), expressing obligations with clarity and sufficient compulsion (covering time is of the essence and endeavours provisions), drafting the release (the ‘full and final settlement’ estoppel), and incorporating appropriate boilerplate clauses and execution formalities. For guidance on making a settlement offer and deciding how to record it, see Practice Notes: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement Settling at a mediation For Precedent draft settlement agreements, see: Draft Settlement agreement—pre-action settlement Draft Settlement agreement—for settling disputes post-commencement of proceedings For guidance on disputes arising from a settlement agreement, see Practice Note: Resolving disputes concerning settlement agreements. Key requirements—drafting the settlement contract As with any contract, attention should be given to these core...

Remedies for misuse of private information and breach of confidence This Practice Note concentrates on the relief available where private information has been misused—whether through an actual or threatened publication, or by the manner in which personal information was obtained—and for breaches of confidence involving the disclosure of personal information. The principal forms of relief are damages and injunctions. Because the law in this field embraces a broad spectrum of factual circumstances, courts take a supple, case-sensitive approach to remedies. Thus, in one set of facts, the most effective way to vindicate the claimant’s privacy may be an injunction restraining an anticipated disclosure; in another, the defendant may already have disclosed the material without authority and derived a commercial gain. In that scenario, suitable relief may include compensatory damages or an order for an account of profits, together with an injunction stopping any further...

This Practice Note offers an overview of enforcement in Jersey, spanning subjects such as inconsistent decisions, costs, currency, the enforcement pathway, limitation, injunctive measures, recognition of judgments, service, pitfalls and the varieties of enforceable order. Although it refers to decisions of the Jersey courts, these are not reported by Lexis Nexis®, and therefore links to the judgments are not provided. Judgments ( Reciprocal Enforcement) ( Jersey) Law 1960 — the 1960 Law Judgments ( Reciprocal Enforcement) Act 1973 — the 1973 Act Judgments ( Reciprocal Enforcement) Rules 1961 — the Rules Questions and answers 1. Treaties—is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country's approach to entering into these treaties and what, if any, amendments or reservations has your country made to such...

This Practice Note explains how to instruct a High Court Enforcement Officer ( HCEO) to execute a writ of control to enforce a court judgment by taking possession of the judgment debtor’s goods and selling them under the Taking Control of Goods procedure. For overarching guidance on executing a writ of control to enforce a court judgment, see Practice Note: Enforcing a writ of control. For general guidance on executing a warrant of control to enforce a County Court judgment, see Practice Note: Enforcing a warrant of control. Who are the High Court Enforcement Officers? High Court Enforcement Officers ( HCEOs), formerly known as Sheriffs, are private individuals authorised by the Lord Chancellor and the Ministry of Justice to execute: judgments or orders of the High Court County Court judgments or orders that have been transferred to the High Court (see Practice Note:...

This Practice Note provides direction on running an appeal in the County Court and the High Court under CPR 52. It offers guidance on the provisions in CPR PD 52B. It examines the court’s case management powers, including the possibility of determining an appeal when the respondent does not attend. It also addresses how applications during an appeal may be resolved—covering any ability to seek a hearing, or to have an order varied or set aside—together with requirements for skeleton arguments, the appellant’s papers, the respondent’s supplementary appeal bundle, and the dismissal of applications or appeals by consent. Scope of this Practice Note This Practice Note explains the provisions in CPR PD 52B, which governs appeals in the County Court and High Court, and operates alongside CPR 52 and the other Practice Directions under Part 52. General rules on appeals appear in CPR PD 52A....

Damages or compensation payment may attract VAT Whether VAT applies to a damages or compensation payment depends on the precise purpose of the sum. Where the amount is purely compensatory and not consideration connected to a supply, it sits outside the scope of VAT. However, if the recipient (the claimant) provides something in return, that constitutes a supply for VAT purposes. Getting the VAT treatment correct is essential. If the sum is VATable, the claimant will expect the defendant to pay VAT on top of the core damages or compensation. Where the payment is made under a settlement agreement, that document should state that any VAT is payable in addition to the principal; otherwise the figure is treated as VAT-inclusive. If the defendant is a business with full VAT recovery it should be able to reclaim the VAT, but only where VAT was in fact...

This Practice Note deals with civil appeals to the UK Supreme Court ( UKSC). It explains the requirement to obtain permission to appeal and the process for doing so, whether the challenge is brought direct from the High Court by leapfrog, or from the Civil Division of the Court of Appeal. It addresses the deadlines for making an application (including seeking extra time) and how permission decisions are made (including situations where a reference is to be put to the Court of Justice of the European Union ( CJEU)). Within this Practice Note, ‘ SCR’ is used for the Supreme Court Rules 2024, SI 2024/949. The relevant Practice Direction is SCR PD 3— Applications for permission to appeal. For provisions on particular appeals and references—covering Human Rights Act 1998 matters, devolution issues, references to the Court of Justice, references on assimilated law and patent...

Appeals filed before 2 December 2024 This Practice Note is confined only to: appeals to the Supreme Court that were already underway before 2 December 2024; and applications for permission to appeal, and notices of appeal, lodged before 2 December 2024, unless the court or the Registrar orders that the SCR is to apply ( SCR 62). Appeals lodged prior to 2 December 2024 are governed by the Supreme Court Rules 2009 (now revoked) and the Practice Directions as they previously stood up to that date. Any references in this Practice Note to those Rules and Practice Directions appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of the Rules and Practice Directions can be found here: There still remains a dedicated section for these former, older rules on the Supreme Court website. Appeals filed on or after 2 December...

This Practice Note sets out guidance on the conduct of appeal hearings and on the Supreme Court’s judgments and orders. For information on listing, see Practice Note: Supreme Court—starting and preparation for the appeal—on or after 2 December 2024— Listing of the appeal. In this Practice Note, references to the Supreme Court Rules 2024 are shortened to ' SCR'. Appeals before 2 December 2024 This Practice Note governs appeals to the Supreme Court where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the date on which the SCR took effect ( SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). Nevertheless, the old SCR continue to govern: appeals that were already on foot before 2 December 2024 ...

This tracker provides a summary of the applicable legislation and guidance, and case law on the issue of out-of-court appointments of administrators and e-filing This resource distils the relevant law, guidance and authorities concerning out-of-court administrator appointments and e‑filing. Reported decisions are grouped by the route used for the proposed appointment: directors under IA 1986, Sch B1, para 22 a qualifying floating charge-holder ( QFCH) under IA 1986, Sch B1, para 14 Many issues in the cases below were addressed by the Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction 2021 ( MIPD 2021), which applies after 30 September 2021. MIPD 2021 remains operative unless amended or revoked and offers an indefinite answer to conflicting authorities on the timing of administration appointments using the CE file. From 1 October 2025, CPR PD 5C ( CE‑ File electronic filing and case...

This Practice Note This Practice Note examines how the courts approach specific disclosure under CPR 31.12, together with considerations under article 6(1) and article 8 of the European Convention on Human Rights ( ECHR). It sets out the principles applied (including in procurement matters) and addresses: confidentiality; enhanced disclosure or train of enquiry material; documents cited in statements of case and witness statements; and compliance with an order for specific disclosure and/or specific inspection. The interaction with applications for further information under CPR 18 is also considered. Finally, it provides practical tips on specific disclosure. This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your case is proceeding, you may also wish to follow additional court-specific guidance noted below. The Practice Note considers the courts’ approach to specific disclosure under CPR 31.12 and should be read...

This Practice Note cites: the Insolvency Act 1986, referred to as IA 1986, and the Companies Act 2006, referred to as CA 2006 What is a scheme of arrangement? A scheme of arrangement is a compromise, approved by the court, between a company and its creditors and/or members. Its scope can encompass any matter that the company and its members or creditors could not otherwise settle among themselves; the scheme mechanism enables such a compromise to be implemented without securing support from every interested party. Owing to their adaptable nature, schemes are frequently used in complex restructurings and have been successfully deployed in several notable restructurings, including Telewest, Tele Columbus Group and British Vita. The main benefits of schemes include: there is no requirement to establish insolvency, so steps can be taken early at the first indications of distress (and schemes can address...