Legal Practice Notes

This Practice Note considers non-party costs orders ( NPCOs) against company directors—the same principles also apply to controlling shareholders. It outlines the criteria that must be satisfied before the court will exercise its discretion to impose an NPCO on a director, and highlights significant case law. It also addresses piercing the corporate veil and supplies illustrative decisions. The Note proceeds on the basis that the reader understands the general principles of NPCOs; for guidance, see Practice Note: Non-party costs orders—guidelines. Numerous leading cases warn against over-citation of authorities on NPCO applications, because the judge’s role is one of broad discretion. Nevertheless, that discretion must be applied in line with guidance developed through the case law, which is especially pertinent to matters concerning applications for NPCOs against directors and shareholders of small and/or insolvent companies. The same approach extends to controlling...

Air conduction ( AC) Sound is carried through the outer and middle ear before reaching the inner ear. A standard audiogram evaluates hearing via air conduction. Age-associated hearing loss ( AAHL) Also termed presbycusis, this age-related hearing loss arises chiefly from ageing and usually impacts both ears to an equal extent. Air-bone gap ( ABG) The value obtained by subtracting the HTL from the bone conduction reading from the HTL of the air conduction reading. Audiogram A pure tone audiogram is a graph of an individual’s hearing threshold levels for pure tones across different frequencies, displaying loss as a function of frequency, measured with an audiometer. Audiometer Pure tone audiometer — an electroacoustic instrument. For air conduction tests it uses a headset with two earphones delivering pure tones of specified frequencies at known sound pressure levels to establish hearing thresholds, one ear at a time. For bone...

This Practice Note outlines the routes for personal injury redress for injured serving and ex-service members, embracing claims founded on statute as well as compensation schemes under domestic law and the European Convention on Human Rights. It considers claims arising from incidents in combat operations and training, plus specific conditions including non-freezing cold injury, noise-induced hearing loss, post-traumatic stress disorder ( PTSD), psychiatric harm related to bullying or harassment, and parading injuries. The history and suspension of Crown immunity It is helpful to examine the evolution of the law governing military claims closely. Until 1987, section 10 of the Crown Proceedings Act 1947 ( CPA 1947) barred service personnel from pursuing any civil actions against the Crown for death or personal injury attributable to other members within the British Armed Forces. Sections 1 and 2 of the Crown Proceedings ( Armed Forces) Act 1987 ( CP( AF) A...

There are several commonly encountered hazards on the highway: animals poorly maintained roads ice and snow flooding vegetation other obstructions Animals straying onto the highway The majority of claims about animals on the highway are determined under negligence, though some have succeeded under the Animals Act 1971 ( AA 1971). Collisions between vehicles and farm animals can be severe, given the animal’s size and unpredictability. At common law, an owner or keeper will be liable where, through their negligence, the animal causes damage. Farmers grazing cattle in fields adjacent to roads must take all reasonable steps to prevent escape and thus avoid endangering road users; ordinary negligence principles apply. In assessing what precautions are reasonable, the court balances the likelihood and potential seriousness of an accident against the cost of prevention, decided case by case. A defence may exist where the...

This Practice Note examines the jurisdictional service gateways, or bases for service, in CPR PD 6B, paras 3.1(21)–3.1(23), which address claims concerning breach of confidence and misuse of information. It outlines the gateways and offers observations on how the courts have interpreted, or may interpret, them. This Practice Note should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). For guidance on the substantive claim to safeguard confidential material, see: Protecting confidential information—overview. Where the requirements of gateway 21 are satisfied and an additional claim is pursued against the same defendant arising from the same, or closely connected, facts, that additional claim may come within gateway 4B. For further guidance, see Practice Note: Cross-border service—jurisdictional gateways 1, 1A, 2, 4 and 4A (general grounds), in particular the main section: Gateway 4A—further claim arises out of the same or closely related...

This Practice Note sets out guidance on bringing claims in the Financial List, as well as transferring claims into and out of that List, covering which cases qualify, the procedural framework ( CPR 63A and CPR PD 63AA), the forms to use, the Financial List Guide, the Users’ Committee, and the judges nominated to sit in the List. It also explains the financial markets test case scheme, which offers a mechanism to resolve market questions where there is no earlier English authoritative precedent. For general assistance on commencing a claim or a counterclaim, see: Starting a claim or counterclaim—overview. What is the Financial List? The Financial List is a specialist list of the High Court that took effect on 1 October 2015, created to address complex financial markets disputes that are of high value, that raise market issues, or both. An...

This Practice Note explores a central consideration in the forum non conveniens context, namely the justice requirement. It should be recognised that only a small number of cases have treated this requirement as sufficient to overcome the presumption of a stay. For guidance on: the doctrine of forum non conveniens, see Practice Note: Forum non conveniens—principles when it may arise and how it is applied, see Practice Notes: Forum non conveniens—challenging jurisdiction and Forum non conveniens—service out of the jurisdiction the relevant connecting factors when applying the forum non conveniens doctrine, see Practice Note: Forum non conveniens—connecting factors Note: this Practice Note refers to the Privy Council’s judgment in AK Investment CJSC v Kyrgyz Mobil Tel. In some law reports the same decision is cited as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel. Standalone assessment Whether there is a ‘real risk’ that substantial justice will not be...

This case tracker reviews clinical negligence liability decisions from January 2021 onwards. The judgments offer guidance on how the courts are addressing different types of clinical negligence claim. Where possible, we have included links to the judgments and/or analysis. Use this tracker alongside Practice Notes on specific claim types, such as Clinical negligence claims involving labour and delivery—injuries to the child, Delay in medical treatment, and Clinical negligence surgical claims... Birth injuries Case name and details CCC (by her mother and litigation friend MMM) v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5, February 2026. On appeal, the Supreme Court considered whether a child claimant can recover ‘lost years’ damages for earnings she would have made during the period by which her life expectancy was shortened by the defendant’s clinical negligence. CCC sustained a severe hypoxic brain injury at birth in 2015, reducing her life...

Who is the Health and Care Professions Council (‘ HCPC’)? The Health and Care Professions Council ( HCPC) is the statutory regulator for the health professions listed below, established by the Health Professions Order 2001. Its core remit is to set and uphold standards of education, training, conduct and performance for registrants. This Practice Note outlines HCPC fitness to practise ( Ft P) processes, investigations, and applications for restoration to the Register, and should be read alongside the Practice Notes: Common principles in fitness to practise proceedings and Criminal proceedings and convictions in healthcare regulatory proceedings. The Health and Care Professions Tribunal Service ( HCPTS) provides Ft P adjudication for the HCPC. The HCPC regulates these professions: arts therapists biomedical...

This Practice Note sets out where to start detailed assessment proceedings, which documents must be lodged and/or served, the deadline for commencing such proceedings, and the repercussions of failing to do so in time. It also addresses whether the paying party may obtain a stay of the detailed assessment while an appeal is pending. Be aware that paras 10.1–10.7 of the Senior Courts Costs Office Guide offer general guidance on the commencement of detailed assessment proceedings. CE- File electronic filing is compulsory in the Senior Courts Costs Office ( SCCO) ( CPR PD 5C, para 1.3(d) and CPR PD 5C, para 2.1(a)). For further details on electronic filing in the SCCO, see Practice Note: CE- File—electronic filing in the Senior Court Costs Office. Informal negotiation prior to the commencement of detailed assessment In Mc Namee v LB Brent (2025), the judge observed that an...

This Practice Note sets out a succinct overview of the points to address when a personal injury letter of claim arrives and you must respond. For top-level guidance on drafting such a letter, see Practice Note: How to prepare a personal injury letter of claim. For direction on replying to a clinical negligence letter of claim, see Practice Note: How to respond to a letter of claim in clinical negligence claims. Initial considerations whether the claimant appears to have a viable cause of action — can you form an early view on their legal case and/or any potential defence (for instance, whether it might be out of time under the relevant limitation period) the likely quantum of the purported claim, which will typically shape what steps are proportionate at the pre-action stage whether the...

This Practice Note explores the recovery of costs in proceedings involving a child or a protected party, the responsibility of a litigation friend for costs, and the litigation friend’s ability to reclaim costs they have incurred. Specific provisions apply because, for the purposes of court proceedings, children and protected parties are regarded as lacking capacity. Further guidance is set out in the Practice Note of Senior Costs judge Gordon- Saker dated December 2021, addressing approval of costs settlements, assessments under CPR 46.4(2) and deductions from damages for children and protected parties. For guidance on appointing a litigation friend, see Practice Note: Claims involving a child—appointment of a litigation friend. This Practice Note also references the Court of Appeal decision in Barker v Confiance Ltd (2020), which is cited in other sources as Glover v...

ARCHIVED: This Practice Note is archived. It relates to provisions revoked on 1 April 2013 and is provided for historical reference only. Costs capping orders and protective costs orders Costs capping orders ( CCOs) and protective costs orders ( PCOs) both place limits on the amount of costs payable in proceedings. Nonetheless, they must be kept distinct: the court’s authority for each arises from wholly separate sources, and the function and purpose of the two orders differ markedly. Accordingly, they serve different ends within the costs regime. The general rule dealing with CCOs is now contained in r 44.18. In brief: CCOs cap the level of costs that a party may recover pursuant to a costs order that is subsequently made PCOs restrict the level of costs that an unsuccessful party will be required to pay in the...

This Practice Note considers the concepts of confidentiality and without prejudice protection in the context of a mediation. The confidential character of mediation is a core element of the procedure, curbing the parties’ ability to disclose material connected to the mediation beyond the process unless everyone agrees. Mediation contracts commonly include a term dealing with confidentiality. For further information, see: Confidentiality of the mediation process. Exchanges that occur within a mediation are also ordinarily covered by the ‘without prejudice’ rule. This principle means that communications made in the course of genuine settlement discussions are not to be cited or relied upon in subsequent court proceedings, save for specified exceptions. As recognised in Pentagon Food Group v B Cadman, the contractual and formal framework of mediation renders it a particularly clear instance of ‘without prejudice privilege’, which can be reinforced by the parties’ mediation agreement and their...

This Practice Note provides guidance on bringing an appeal in the Court of Appeal under Part 52 of the CPR and Practice Direction 52C. For guidance on related matters, see: guidance on appeals to the UK Supreme Court ( UKSC), covered in the subtopic: Appeals to the Supreme Court guidance on conducting appeals to the High Court, found in Practice Note: Conducting an appeal in the County Court or the High Court guidance on the destination of appeals, found in Practice Note: Starting an appeal—destination of civil appeals Case managing the appeal The appeal court may issue such directions as the case requires, and those directions take precedence over any provisions within CPR PD 52C ( CPR PD 52C, para 2). Multiple appeals Where two or more appeals are pending in the same or related proceedings, the parties must: seek directions as to whether they are to be heard together or...

What is an error of procedure? Procedural missteps may occur in the course of litigation. In certain situations, CPR 3.10 permits the court to correct such a misstep. CPR 3.10 empowers the court to make an order to cure an ‘error of procedure’. The central issue, therefore, is what amounts to an error of procedure. In Steele v Mooney, the Court of Appeal noted that procedural errors can take many forms and are not confined to non-compliance with a rule or practice direction. When considering the phrase, the Court of Appeal concluded there is no need to give ‘error of procedure’ in CPR 3.10 an unduly narrow meaning, as a restrictive interpretation would generate difficult classification questions. That, in turn, would undesirably foster uncertainty and intricate submissions about how an error should be characterised. A broad, common-sense approach should therefore be taken. In Aquila WSA...

ARCHIVED: This Practice Note has been archived and is not maintained. Code of conduct requirements A solicitor’s interaction with witnesses must be managed with care. When compiling witness evidence there are fresh obligations for solicitors, outlined in the SRA Code of Conduct within the new SRA Handbook, which took effect on 6 October 2011 (the Code). Solicitors are now expected to satisfy a series of compulsory Outcomes, with indicative behaviours ( IBs) used to signal whether those Outcomes are being met. Chapter 5 of the first Section of the Code regulates solicitors’ dealings with the court and contains the Outcomes together with the relevant IBs to be considered when preparing witness evidence. The IBs give clear illustrations of the types of conduct regarded as falling below the standards expected of solicitors when drafting witness statements......

ARCHIVED : This archived Practice Note sets out issues to weigh up when planning to interview a witness of fact, with the aim of drafting a witness statement for use in civil proceedings. It reflects the requirements for preparing trial witness statements in the Business and Property Courts under CPR PD 57AC and, in that context, considers ways to refresh a witness’s recollection, for example by supplying documents before meeting them. It also highlights the documents you will require and what to consider if relevant materials are held by the witness. Finally, it provides practical pointers for the person taking the statement. It is not maintained and is supplied for background information only. Read this Practice Note alongside: Witnesses—interviewing and preparing for trial [ Archived], which includes, among other topics, speaking to another party’s witness and a witness’s...

This Practice Note delivers high-level, practical guidance on preparing a personal injury letter of claim. For fuller material on specific categories of personal injury, consult the Topics page on the PI & Clinical Negligence practical guidance homepage beneath the ‘ Types of claim’ section. By way of example, where a road traffic accident is involved, see: Road traffic accidents—overview. You will also find a suite of precedent letters of claim within the ‘ Related Documents’ pod linked to this Practice Note. What is a letter of claim? A letter of claim—also known as a letter before action or a pre-action letter—constitutes the initial step in the litigation pathway. Its role is to notify the prospective defendant(s) that court proceedings will be issued if the dispute is not settled. In practical terms, it provides a clear statement of the basis on which the claimant says a claim...

This Practice Note examines what must be done to ready a case for trial and identifies the documents commonly required. It also provides guidance on interpreting and applying the relevant CPR provisions, and notes that additional requirements may apply depending on the court—see Court specific guidance. The preparation includes: chronologies case summaries issues in the case (list of issues) reading lists list of authorities trial bundles skeleton arguments Preparation is key Careful planning is essential to grasping and presenting your case effectively. Some last-minute shifts to your client’s or your opponent’s case cannot be avoided; nevertheless, if everything else has been organised and anticipated, any interruption can be minimised. Good preparation may also create space for late settlement discussions. Where a pre-trial review ( PTR) has taken place, the court will usually have resolved any outstanding matters so the case is ready for trial. For more on PTRs, see Practice Note:...