Legal Practice Notes

Note: Except where a notice of appeal was lodged, or permission to appeal was granted, before 1 October 2012, this Practice Note is retained solely for historical reference. For up-to-date guidance on permission to appeal, consult Practice Note: Grounds for appealing and preliminary considerations— Is it possible to re-open an appeal (including an application for permission to appeal)? In addition, the CPR and the practice directions cited here link to the current provisions and not those in force before 1 October 2012. For the pre- October 2012 position, refer to the attached PDF documents. Principles The Court of Appeal or the High Court may re-open a final determination of an appeal only in three situations: where doing so is required to prevent genuine injustice the circumstances are out of the ordinary and justify such a course there is no other...

ARCHIVED: THIS PRACTICE NOTE IS BASED ON CPR PROVISIONS REVOKED ON 1 APRIL 2013. This material is retained purely for historical reference. For insight into the present, post- Denton, position, please consult the following Practice Notes: Compliance and relief from sanctions—overview Case management—compliance Agreements to extend time under CPR 3.8(4) (buffer agreements) Relief from sanctions—the courts’ approach Relief from sanctions—illustrative decisions [ Archived] Relief from sanctions—when is an application for relief required?......

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Please note, some hyperlinks may no longer lead to the provisions as they stood at the time this Practice Note was issued. Important: this Practice Note addresses the application and construction of CPR 3.9 after Mitchell but before Denton; Decadent and Utilise ( Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906; [2014] All ER ( D) 53 ( July) (not reported by Lexis Nexis®)). The Court of Appeal expressed the expectation that Denton would render recourse to earlier authorities unnecessary. Consequently, the material here is primarily of historical interest. For up-to-date, post- Denton guidance, see: Practice Notes: Compliance and relief from...

ARCHIVED: This archived Practice Note is no longer updated and serves solely as background information. In addition, certain links may not take you to the provisions as they stood when the guidance in this Practice Note was issued. IMPORTANT NOTE: this Practice Note addresses how CPR 3.9 should be applied and construed after Mitchell yet before Denton; Decadent and Utilise ( Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] EWCA Civ 906, [2014] All ER ( D) 53 ( July) (not reported by Lexis Nexis®). The Court of Appeal has indicated it hopes that the Denton ruling will obviate any need to look back to prior authorities. Accordingly, the guidance in this Practice Note is predominantly of historical interest only at this time......

This Practice Note gathers a selection of illustrative rulings to explain how the courts are likely to approach an application for relief from sanctions. It differentiates decisions where relief was granted from those where it was refused, highlighting the key facts and the result in each instance. This Practice Note includes relevant authorities from 1 January 2024 onwards. For illustrative decisions relating to periods before 1 January 2024, see Practice Note: Relief from sanctions—illustrative decisions [ Archived]. For guidance on when relief must be sought and on making or resisting an application, see Practice Notes: Relief from sanctions—when is an application for relief required? and Relief from sanctions—making or opposing an application. For more detailed guidance on the court’s approach to relief from sanctions, see Practice Note: Relief from sanctions—the courts’ approach. Collectively, these notes illuminate the courts’ handling of...

This Practice Note serves as a negotiating aid for dispute resolution solicitors engaged in agreeing and drafting settlement agreements after a dispute has been resolved by negotiation, regardless of whether court proceedings were issued beforehand. Its focus is the release clause which, alongside the payment clause, typically forms one of the agreement’s two core components. It outlines the likely stances parties will take when settling the terms of the release, and proposes possible middle-ground solutions they might accept. The Note offers a high-level overview of the topics, helping readers assess what will be required in a given matter. It also signposts further Practice Notes and Precedents for those needing additional reference material. These should be consulted where further guidance is required. It is not designed for use in negotiating settlements of employment contract disputes, where distinct...

General damages General damages refer to losses that cannot be measured with precision, so a fair figure must be assessed. They cover non-pecuniary harm (past and future)—including pain, suffering and loss of amenity ( PSLA)—as well as future pecuniary loss. For fuller explanations of general and special damages, see Practice Note: Common recoverable losses in personal injury cases— What are general damages and special damages? PSLA is valued in light of the medical evidence. Because clinicians do not have the same day-to-day contact with the claimant as close relatives, friends and support staff, it is crucial that experts are told—clearly and systematically in witness statements—about the difficulties observed by those supporting the claimant. This enables experts to gain the clearest picture of the claimant’s problems and to produce reports that are as thorough as possible. Life expectancy will influence the level of general damages. See...

This Practice Note considers the level of security the court may order when determining an application for security for costs. This note outlines how the court approaches fixing the quantum of security, including whether it should reflect costs assessed on the standard basis or on an indemnity basis. It explains the considerations used to set the figure and the circumstances in which the court may adjust it. Assessment of available assets and the respondent’s ability to meet any costs order Whether the sum requested is disproportionate or excessive The impact of approved costs budgets The effect of any conditional fee agreement Potential enforcement difficulties It also addresses whether the court may direct specified or part payments, and whether it will later revise the level of security ordered. On 6 April 2025, amendments to CPR 25 came into force, which...

This case tracker considers case law in relation to qualified one-way costs shifting ( QOCS) in order to provide some guidance on how the courts are interpreting and applying the QOCS provisions in the CPR. NOTE: The Civil Procedure ( Amendment) Rules 2023, SI 2023/105, introduce substantial changes to the QOCS regime. For proceedings issued on or after 6 April 2023, CPR 44.14 is revised to: permit the court to order that the parties’ respective costs liabilities be set off against each other, and bring within CPR 44.14 deemed orders, agreements to pay damages or costs, and matters concluded by acceptance of Part 36 offers and Tomlin Orders These amendments overturn prior authorities, including Ho v Adelekun and Cartwright v Venduct Engineering Ltd, which had prevented defendants from recovering their costs in several common situations. Where proceedings commence on or after 6 April 2023,...

This Practice Note is archived and is not being maintained... Recovery of CFA success fees and ATE insurance premiums in publication and privacy proceedings Following the commencement of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012), for conditional fee agreements ( CFAs) entered into after April 2013, a CFA claimant must satisfy any success fee from the damages recovered. At the same time, the recoverability of after-the-event ( ATE) insurance premiums was abolished. These changes are subject to transitional arrangements... Transitional provisions preserve the recoverability of success fees and premiums (additional liabilities) where CFAs and ATE policies were taken out prior to the relevant LASPO 2012 provisions coming into force on 1 April 2013. Funding put in place before 1 April 2013 remains governed by the rules that applied when the arrangements were made, even if the success fee or premium is...

Pre-existing legal relationships Psychiatric harm may arise where a claimant and defendant are already linked by a legal relationship. In some settings, the character of that connection places a duty on the defendant to act with reasonable care so as not to cause psychiatric injury. Illustrations include: Occupational stress claims: perhaps the clearest instances of a pre-existing obligation not to inflict ‘pure’ psychiatric damage. See Practice Notes: Occupational stress—introduction and Occupational stress—establishing liability. Health authority cases involving the communication of upsetting information: here, the parties’ established relationship may mean it is foreseeable that negligent misstatements, or even an unduly insensitive delivery of accurate facts, could result in psychiatric injury. Examples include: a claimant developing post-traumatic stress disorder after being wrongly informed that his baby had died (noting that the judge’s analysis in that matter was that...

ARCHIVED: This record is kept solely for historical reference and preservation. The pilot scheme concluded on 31 March 2013. For details on provisional assessment, refer to Practice Note: Provisional assessment. This archived notice is retained for historical purposes only. Jackson reforms As part of the Jackson reforms, Lord Justice Jackson, in his 13 January 2012 report on the pilot, found it to be a success and advised that it should be implemented across the country, with training provided to staff and district judges to help them carry it out successfully. Draft rules were prepared, to be presented to the Rule Committee in due course. For more information on the report, see News Analysis: Lord Justice Jackson report on provisional assessment pilot. What is this? The County Court Provisional Assessment Scheme (the Scheme) was a pilot under which parties were entitled to request a written, detailed...

This Practice Note sets out illustrations of decisions where proportionate costs orders have been considered, listed with the most recent ruling first. The cases below are provided as guidance only, as each matter is fact-specific and the judge retains a wide discretion on costs... Judgment Issue Comment Kallakis v AIB Group [2020] EWHC 3867 ( Comm) — Percentage of proportionate costs order: The court observed that the application had materially narrowed the claims and considered this should be reflected in the costs order. Taking that together with the time spent on witness evidence, the judge decided it was appropriate to award the claimant a proportion of its costs, namely 65% of the costs of the summary judgment application. Holyhead Marina Ltd v Farrer [2020] EWHC 1750 ( Admlty) at para [88] —...

ARCHIVED: This Practice Note is archived and available purely for historical reference only. To help readers trace how the application of proportionality evolved, we have placed the judgment date immediately following the judgment citation for ease of reference. The new CPR provisions Two further provisions were introduced into the CPR to address the issue of proportionality more directly. They were (emphasis supplied) as follows: CPR 1.1—overriding objective: 1) These Rules constitute a new procedural code whose overriding objective is to enable the court to handle cases fairly and at proportionate expense......

This Practice Note outlines the remit, powers and duties of the for Health and Social Care ( PSA). The PSA was established to draw together the bodies regulating healthcare professions and to secure a cohesive, co-ordinated approach to standard-setting, performance oversight, and to inspection and validation... Regulatory reform of healthcare regulators On 17 February 2023, the Department for Health and Social Care ( DHSC) set out proposals to modernise the legislative framework for nine health and care professional regulators via a series of statutory instruments, giving each regulator fresh powers to shape their own regulatory processes to enhance patient safety and streamline the healthcare system. These include: General Chiropractic Council ( GCC) General Dental Council ( GDC) General Medical Council ( GMC) General Optical Council ( GOC) General Osteopathic Council ( GOs C) General...

Breach of a contract entered into before 1 October 2015 Relevant legislation For agreements made prior to 1 October 2015, whether business or consumer: Sale of Goods Act 1979 and Supply of Goods and Services Act 1982. Who can bring a claim Contracting parties (buyer/consumer), plus third parties expressly identified under the Contracts ( Rights of Third Parties) Act 1999. Potential defendants The contracting retailer. Breach of a contract entered into on or after 1 October 2015 Relevant legislation For consumer contracts from 1 October 2015: the Consumer Rights Act 2015. Who can bring a claim Parties to the contract (purchaser/consumer), and named third parties under the Contracts ( Rights of Third Parties) Act 1999. Potential defendants The retailer party to the...

ARCHIVED: This Practice Note provided guidance on the requirements for a bill of costs for detailed assessment prior to 1 October 2017 under both old Part 47 and old practice direction 47 as well as old practice direction 51L which set out a voluntary pilot scheme. For information on the up to date position in relation to bill of costs, see Practice Note: Detailed assessment—bill of costs. 1 October 2015 to 30 September 2017—detailed assessment under practice direction 51L This voluntary pilot operated from 1 October 2015 to 30 September 2017 and was contained in old practice direction 51L. It was available only for detailed assessment proceedings in the Senior Courts Costs Office. The scheme specified the information to be included within the bill of costs, while the standard detailed assessment framework in Part 47 and practice direction 47 continued to apply so far as there was no...

The aim of this Practice Note is to steer practitioners through the principal issues and difficulties encountered when handling a claim stemming from a road traffic incident within the EU. Those acting for claimants are frequently contacted by would‑be clients injured while travelling on EU roads. Commonly—albeit not invariably—the injured person will have been a passenger in a vehicle driven by a relative or acquaintance. The focus is on claims arising from accidents in EU member states. This Practice Note addresses: jurisdiction—whether, for proceedings issued on or after 1 January 2021, the courts of England and Wales can hear the claim; and, if they can applicable law—which nation’s laws govern the distinct matters that arise Brexit Jurisdiction The principal legislative framework governing jurisdictional questions after the UK’s exit from the EU and IP completion day is the Civil...

This Practice Note addresses matters concerning the aids and appliances a claimant may need as a consequence of their injuries. The claimant must show that any aids and equipment sought meet a genuine medical or therapeutic requirement and are reasonably necessary. Where the claim is sizeable, opinion from an appropriate medical and/or care expert will be needed. This Practice Note also explores recurring questions, such as whether items are obtainable through the NHS, together with the ongoing costs of upkeep, replacement, and, for some items, insurance. Common types of aids and equipment The helpful aids range from the very simple to the highly sophisticated, including: Basic items, for example a shoe horn or walking stick Advanced solutions, for example a computer system assisting with speech or controlling the home environment, media streaming services, or an integrated...

This Practice Note illustrates the court’s approach to applications seeking orders that a hearing should proceed in private and/or that publication by way of reporting be restricted. It is intended to be read together with Practice Note: Private hearings and restricted reporting in civil proceedings. Case details and analysis Issues considered Getty Images ( US) Inc v Stability AI Ltd [2025] EWHC 2863 ( Ch) This liability ruling in the Intellectual Property dispute between Getty Images and Stability AI records that, at the parties’ request, an earlier confidentiality order created a comprehensive regime to protect confidential material disclosed during the proceedings, with the consequence that parts of the trial evidence relied upon by the parties were marked Confidential or Highly Confidential, and that brief private sittings were required during cross-examination in order to maintain that...