Legal Practice Notes

This Practice Note This Practice Note sets out key points when appointing an expert under CPR 35 and the Guidance for the instruction of experts in civil claims. It emphasises choosing the right moment to engage an expert, with pointers on matters to weigh up, particularly where instruction is contemplated before issue of the claim form. It also offers practical help on preparing the letter of instruction and any supporting materials. It covers dealings with experts, including questions of privilege. When instructing experts you should have regard to: all pertinent CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims (“the Guidance”). See Practice Note: under the Guidance for the instruction of experts in civil claims the Practice Direction Pre- Action Conduct and Protocols, para 7, and any other protocol applicable to the claim type any other guidance relevant to their...

This Practice Note is for law firms and individuals regulated by the SRA. It reviews the requirements in the SRA Codes of Conduct when instructing third parties. A separate Practice Note covers situations where clients are sent to you by third parties—see Practice Note: Referral and fee sharing arrangements. See also section: Difference between instructing and introduction to a third party and separate Practice Note: Introductions to third parties. SRA regime The SRA's core regulatory requirements are contained in the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs ( Code for Individuals) and the SRA Code of Conduct for Firms ( Code for Firms), and should be read in the context of the SRA Principles. Difference between instructing and introduction to a third party The SRA Codes of Conduct impose specific obligations concerning ‘referrals, introductions and separate businesses’. Although not completely clear, the wording of the Codes...

This Practice Note addresses negligence, occupiers’ liability, trespass against the person and nuisance arising from animal-related claims. For assistance on proceedings issued under the Animals Act 1971 ( AA 1971), consult Practice Notes: Liability under the Animals Act 1971—dangerous species and Liability under the Animals Act 1971—all other animals. This Practice Note reviews the alternative bases of claim. For a summary indicating which causes of action might be relevant, see Practice Note: Types of claim involving animals. Negligence The orthodox rules of negligence govern those who keep or manage animals. Anyone responsible for an animal owes a duty to take reasonable care to avoid causing harm to others. It applies to owners and to those controlling animals in their care. Negligence claims remain significant because the statutory requirements for liability under the AA 1971 can be hard to meet. The extent of any duty of care turns on the...

This Practice Note sets out how to commence an alternative dispute resolution ( ADR) process. It considers scenarios where the parties are, or are not, subject to an ADR clause within a contract and, if they are, whether that clause prescribes the method for starting the ADR process... Are the parties bound by an ADR clause? Where a dispute arises under a contract, the agreement may include a ‘dispute resolution clause’ or an ‘ ADR clause’ that obliges the parties to adopt a specified form or forms of ADR to settle disagreements before turning to litigation or arbitration. For details on the different ADR mechanisms, see Practice Note: Which form of ADR? For guidance on the range of dispute resolution clauses, see Practice Note: Types of dispute resolution clauses—litigation, mediation, multi-tier, hybrid and carve-out clauses. If an ADR clause exists, it is vital to follow the...

This Practice Note sets out how to interpret and apply the pertinent provisions of the CPR. Depending on the court in which your case is progressing, you may need to heed additional requirements—see the section Court specific guidance below. The default position is that, to bring an application, the applicant must file an application notice ( CPR 23.3). For direction on application notices and on filing, refer to these Practice Notes: The application notice—form N244 Filing and serving applications That said, there are instances where an application may proceed without the formality of an application notice. An applicant may do so if: a rule or a practice direction permits it, or the court waives the need for an application notice Two common scenarios in which the court may deal with an application made without an application notice are simple...

ARCHIVED: This Practice Note is founded on provisions revoked on 1 April 2013 and is retained for historical purposes. General Where costs are assessed on the indemnity basis, the court will proceed as follows: disallow costs that have been incurred unreasonably or are plainly unreasonable in amount overall disregard entirely whether or not the costs are proportionate resolve any uncertainty about whether costs were reasonably incurred in favour of the receiving party CPR guidance The CPR provides no express guidance on when indemnity costs will be awarded, although it does specify two situations in which such orders are likely to be made: costs payable under a contract......

This Practice Note sets out summaries of costs judgments where the court declined to order indemnity costs. It identifies the principal question determined in each matter and offers observations on the ruling. Every matter is fact-specific; accordingly, these decisions are intended only to illuminate the court’s approach and should not be treated as precedents for how the courts will proceed in any particular circumstance. For examples of cases where indemnity costs were allowed, see Practice Note: Indemnity costs permitted—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles. Indemnity costs refused Case and citation: Gagliardi v Evolution Capital Management LLC [2025] EWHC 3488 ( Comm) Issue: Whether indemnity costs ought to be ordered against the defendant because the substance of its defence and counterclaim took the dispute outside the norm. Comment: As to indemnity costs, it was...

Indemnity costs orders This Practice Note reviews costs orders made on the indemnity basis (indemnity costs orders). A court can direct that costs be assessed on this basis, meaning any uncertainty over the sums claimed is resolved for the benefit of the receiving party. By contrast, on the standard basis any doubt is resolved in favour of the paying party, with costs determined and any hesitation as to whether they were reasonably incurred or reasonable in amount treated as favouring the receiving party ( CPR 44.3(3)). The Note outlines the meaning of indemnity assessment, summarises the CPR guidance, and describes how the courts exercise their broad discretion when considering indemnity costs, including deciding whether features exist that take the matter out of the norm (the essential test identified in the leading Court of Appeal authority, Excelsior Commercial & Industrial Holdings v Salisbury Hamer Aspden &...

This Practice Note outlines how to identify documents relevant to the issues in dispute that may need to be disclosed under CPR Part 31, and provides guidance on interpreting and applying the pertinent CPR provisions. Depending on the court, additional provisions may apply—see Court specific guidance below. Initial stages On receipt of instructions, ask the client about, and review, the entire universe of documents within their control. Also enquire how the client manages and stores information, with particular focus on electronic material. For background on electronic documents, see Practice Note: Electronic disclosure— CPR Practice Direction 31B— Guidance on scope of e-disclosure. The client may not know or wish to engage at that point, but it is prudent to persevere so that any later disclosure exercise is manageable. See Practice Notes: Disclosure—solicitors' obligations and Disclosure: parties duties. This enables you to isolate potential issues around...

The National Health Service ( NHS) in England and Wales operates as a publicly funded system. Provision is overseen by the Department of Health and Social Care ( DHSC), with central taxation and National Insurance financing the service. Healthcare is provided without charge to people living in England and Wales. Limited fees apply in areas considered less politically sensitive, including dental treatment and optical services. The National Health Service Act 2006 ( NHSA 2006) brings together earlier statutes governing the NHS and healthcare delivery. Historical reorganisation of the NHS NHS England heads the NHS in England. It determines priorities and strategic direction, allocates billions of pounds, and holds bodies to account for how money is used for patients and the taxpayer. Following the transfer of the National Patient Safety Agency ( NPSA) functions, NHS England also has a duty to safeguard and advance...

This Practice Note offers guidance on identifying the appropriate defendant in disease claims. It addresses the distinction between divisible and indivisible harm, and gives practical direction on obtaining the documents required to pinpoint the correct defendant and on tracing an insurer who is difficult to find. Initial considerations Typically, a new client approaches the claimant practitioner with a recent diagnosis of illness or disease, potentially arising from historical workplace exposure. It is common for the client to already have a diagnosis, and the first step is to establish exactly what that diagnosis is and how it might relate to occupational exposure. For example, where a client reports hearing loss, the practitioner will look for audiograms and possibly other medical records showing sensorineural impairment with a pattern indicative of noise-induced loss. Identifying potential defendants If there appears to be a link between the condition and work or the...

These illustrations were created by Dr Manuel Anderson, Consultant General Physician and Fellow of the Royal Society of Arts, together with Gillian Lee, Medical Illustrator. Anatomy diagram This study draws on Myron’s sculpture ( Greek, around 460–450 BC). The musculature has been intentionally accentuated so it reads more plainly than in the original piece. The illustration also serves to clarify limb movement: both arms are in abduction. The right arm is additionally positioned in extension at the shoulder, while the left shows a gentle flexion at the elbow. The fingers of the right hand are curled over the discus, gripping its rim for a firm purchase......

The Human Rights Act 1998 ( HRA 1998) The Human Rights Act 1998 ( HRA 1998) brings the rights set out in the European Convention on Human Rights ( ECHR) into English law. A claimant may pursue proceedings under HRA 1998 against a public authority for infringing their Convention rights. There are situations where the common law offers no solution yet a claim under HRA 1998 can be made, or where HRA 1998 enhances the remedies open to a claimant. Where the Act provides an additional remedy, any damages awarded under it are not set off against sums recovered in a common law action, and vice versa. The same applies where damages in an HRA 1998 claim are recovered in addition to compensation paid by the Criminal Injuries Compensation Authority ( CICA). For guidance on the possible effects of overlap between losses in a civil...

This Practice Note sets out the principal considerations that inform civil judges when determining the disputes before them, addressing their function, their handling of evidence, and how they explain the reasons for their rulings. HHJ Paul Matthews has emphasised these themes in several judgments, notably Morgan v Morgan (considered below) and Car- Wizard v Vixen Surface Treatments. For broader guidance on courts and the legal profession, see Court and the legal profession—overview. For a standard schedule of civil litigation, consult Practice Note: Typical timeline—civil proceedings. The role of the civil judge In civil proceedings in England and Wales, judges decide disputes on the basis of the material and submissions the parties place before the court. They are akin to referees or umpires in litigation. Judges do not search for evidence or act as investigators. Instead, each party must: locate and present to the court the...

Negligence Many of the principles that govern horse riding incidents mirror wider personal injury law. An equestrian centre’s proprietor owes a duty of care to clients attending to ride and to staff exercising or training horses. That duty will typically encompass an obligation to: take reasonable care to supply suitable horses provide appropriate and well-maintained equipment provide adequate supervision and instruction provide suitable premises Workers handling horses also benefit from the standard workplace duties of care. For further guidance, see Practice Note: The employer’s duty of care. In Harris v Miller, the defendant was found negligent for permitting the 14-year-old claimant to ride their horse, ‘ Polly’, a young and inexperienced thoroughbred, in an open field when they lacked adequate knowledge of the horse and its temperament. The benchmark for the defendant’s conduct was the ordinary, reasonably prudent horse owner. Such an owner would ensure they held...

This Practice Note examines the jurisdictional service gateways, or bases for service, contained in CPR PD 6B, para 3.1(6)–3.1(8), which address contractual claims. It sets out the relevant contract gateways and offers practical guidance on the manner in which the courts have interpreted and applied them in practice. When considering these gateways, note that: they have been amended multiple times and caution is needed when relying on earlier authorities. For details, see Practice Note: Tracker—changes to Part 6 and practice directions 6A and 6B the range of gateways has increased over time and earlier authorities may concern scenarios for which a newer gateway would now be better suited Accordingly, care is required when identifying the appropriate gateway for any given circumstance. This Practice Note should be read alongside Practice Note: Cross-border...

This Practice Note examines how to approach forum non conveniens arguments when applying to set aside an order permitting service out of the jurisdiction on the basis that the claim form was not validly served. An application for permission to serve a claim form outside the jurisdiction requires, among other matters, the court to decide whether England and Wales is the appropriate place to determine the dispute. Permission to serve in another jurisdiction will only be given if the courts of England and Wales (the English courts) have jurisdiction. A defendant may seek to have an order authorising service out set aside if they consider the English courts do not have jurisdiction, or that the courts of another jurisdiction are the proper forum. For guidance on: how to set aside an order granting permission, see Practice Note: Cross-border...

ARCHIVED: this archived Practice Note is not maintained and is provided solely for background. In addition, some links may no longer point to the provisions as they stood when the guidance in this Practice Note was issued. For information about prior and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes effective as of August 2011 New practice direction for 'privacy' injunctions— CPR PD 51F On 1 August 2011, CPR PD 51F came into force, introducing a pilot scheme to record data on the number and categories of non-disclosure injunctions—often termed ‘privacy’ and ‘super’ injunctions—moving through the courts. The data to be recorded, using a prescribed form completed by the judge hearing the application, covers: the claim/application number; whether the hearing was for an interim injunction, an application to extend/vary one, a final injunction, or an appeal against the...

ARCHIVED: This Practice Note is archived, is not updated, and is provided solely for background reference. In addition, certain links may no longer point to the provisions as they stood when the guidance was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Contents New costs rules and practice directions Transitional provisions for funding agreements Reform of conditional fee agreements Ban on referral fees Reform of After the Event insurance Damages based agreements Increased sanctions under Part 36 Non-pecuniary general damages—10% increase Proportionality Payments on account Qualified one way costs shifting Costs management Case management Disclosure Witnesses of fact Expert evidence Appeals New costs rules and practice directions A comprehensive reassessment of the costs rules and practice...

UK GDPR claim This Practice Note sets out advice on responding to a ‘ UK GDPR claim’. It refers to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), as revised by the Data ( Use and Access) Act 2025 ( DUAA 2025), alongside the Data Protection Act 2018 ( DPA 2018). Claims falling within EU jurisdiction are governed by the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). UK data protection legislation (notably Assimilated Regulation ( EU) 2016/679 ( UK GDPR)) originates to a great extent from EEA regimes and so rests on comparable principles, albeit with some granular divergences in its provisions. Moreover, in the UK, ‘assimilated law’ denotes retained EU law ( REUL) that continued to apply beyond the close of 2023, including the UK GDPR....