Legal Practice Notes

General This Practice Note explains how to carry out the review of documents for disclosure. The exercise involves assessing the compiled documentary material held by your client and determining which items ought to be disclosed. To achieve this effectively, ensure you have in place: strategies to narrow the scope of documents to be checked a dedicated review team clear targets for that team appropriate tools for the task ongoing communication with the client This Practice Note concerns a party’s disclosure obligations under CPR 31 and does not address the disclosure scheme used in the Business and Property Courts. For further guidance, see: Disclosure Scheme ( Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? For general guidance on terminology used in this Practice Note, see Practice Note:...

Personal Injury—new starter guide This new starter guide forms one of two Personal Injury—new starter guides. It offers a broad, practical overview of personal injury ( PI) practice and signposts readers to further resources. The intended audience is trainee solicitors and anyone beginning work in PI as a distinct practice area. The emphasis is on the principal issues that arise pre-action (ie before court proceedings are issued) when bringing or resisting a PI claim. From the start of a personal injury matter, practitioners should carefully assess several key factors, including the relevant limitation period, the liability points likely to matter in the case, the pre-action protocol to be applied, and the potential funding route available. This new starter guide contains links to other Lexis+® sources and materials that provide more comprehensive information on the subjects outlined. It presents a general...

Claims for historic outgoings and losses generally comprise, primarily, the following: lost financial dependency (see Practice Note: Quantifying damages for dependants—past losses—financial dependency) the worth of services the deceased would have supplied had they remained alive The loss is assessed via a multiplicand/multiplier method. In essence, the court will generally start by identifying the annual value of the loss (the multiplicand), before applying an appropriate multiplier. By way of a straightforward illustration: if the deceased gave the dependant £100 each month as an allowance (£1,200) and also delivered DIY help valued at £100 per quarter (£400), the yearly multiplicand would come to £1,600. Calculating the annual value to the dependants of the loss of the deceased’s services Typically, a claim of this kind is advanced where, prior to death, the deceased supplied the dependant with services that carry a quantifiable commercial value. In the same way as a claim for...

This Practice Note outlines the without prejudice principle governing the admissibility of material arising from bona fide settlement discussions. It explains when spoken or written exchanges are covered by, or fall outside, that principle. It also considers whether pre-action exchanges can carry a ‘without prejudice’ status, the effect of expressly marking communications ‘without prejudice’, and how the rule applies across a chain of correspondence. For broader guidance on resolving disputes, see: Settlement and settling disputes—overview. Without prejudice rule The ‘without prejudice’ rule is the policy that statements or admissions made by disputing parties with a view to reaching a resolution are treated as without prejudice to liability, and are therefore inadmissible as evidence in civil proceedings. The policy is strongly supported in law to encourage parties to negotiate a settlement. It is not absolute; however, the contours of the exceptions can be hard to...

This Practice Note examines when the ‘without prejudice’ rule does not apply. Certain ‘without prejudice’ exchanges become admissible: for example, proposals bound up with conduct amounting to unambiguous impropriety, such as blackmail, lose the shield of inadmissibility in court. The exceptions are set out with examples, together with the notion of waiver of ‘without prejudice’ protection. Illustrative examples accompany the discussion, as does the idea of waiving such protection. These are outlined with examples. Exceptions to without prejudice protection There are seven recognised situations where the policy against admitting ‘without prejudice’ communications yields. However, practitioners should note the prevailing judicial view that courts ought to be ‘slow to lift the umbrella unless the case for doing so is absolutely plain’ ( Lord Hope in Ofulue v Bossert at para [2]). In the same case, Lord Walker observed: ‘ I would not restrict the...

A revised edition of the Chancery Guide referenced in this Practice Note was issued on 5 September 2025. For more, see LNB News 05/09/2025 57— September 2025 update to Chancery Guide and the related Practice Note. As this Practice Note is archived, paragraph references to the Chancery Guide have been taken out to avoid becoming outdated. ARCHIVED: This archived Practice Note provides guidance on witnesses giving evidence remotely via video-conferencing in civil proceedings. It is not updated and is supplied for background purposes only. For wider information on remote hearings in civil proceedings, including video-conferencing under CPR PD 32, Annex 3, see the Practice Notes: Witness evidence—the mechanics of giving evidence at trial; Remote and hybrid hearings in civil proceedings; and the Checklist for remote and hybrid hearings in civil proceedings. Depending on the court in which your matter is...

Background and framework Purpose of a provisional damages award When the court grants a once-and-for-all lump sum, that award is meant to address losses already suffered and those expected ahead. Where a claimant’s prognosis remains uncertain, the court is empowered to order provisional damages to avert injustice to either of the parties. If there is a risk that the claimant’s condition will deteriorate, fixing compensation by reference only to their current position could treat the claimant unfairly, leaving them under-compensated should their health decline. At the same time, it would be unjust to the defendant to make a lump sum in respect of a possible future condition that might never develop. In addition to the power to make a periodical payments order, the court also has the ability to grant provisional damages so as to take account of future imponderables. In particular, that power ought to be...

This Practice Note sets out what a limited civil restraint order ( LCRO) is and the situations in which the court will make one under CPR 2.3 and CPR PD 3C. It outlines the impact of these orders and the ramifications of any non-compliance. It also indicates who may issue a LCRO and the criteria for doing so. Read this alongside Practice Note: Civil restraint orders, which provides general guidance on civil restraint orders ( CROs) applicable across all forms of CRO. See also Practice Notes: Extended civil restraint orders, General civil restraint orders, and Civil proceedings orders against vexatious litigants for details of other measures available against vexatious litigants. What is a limited civil restraint order ( LCRO)? A LCRO can be made by a judge of any court where a party has brought two or more applications that are totally without merit ( CPR PD 3C,...

ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note considers how to interview witnesses and get them ready to give evidence at trial. It addresses pinpointing the key information required; how far it is useful to refer to documents; obtaining a witness statement, and making sure you keep a complete record of what is discussed during the interview. Finally, it looks at preparing a witness to give evidence at trial. Note: This Practice Note offers guidance on interpreting and applying the CPR, but it does not specifically cover the requirements and guidance for interviewing a witness when preparing a statement for use at a trial in the Business and Property Courts (see CPR PD 57AC). See also: court‑specific guidance. Under CPR 32.2(3), the court may give directions to: define or limit the issues on which factual evidence may be...

This Practice Note addresses the principle of self-determination, valid consent, implied consent, provision of sufficient information in line with Montgomery, and causation. A doctor may lawfully treat a patient only where consent has first been obtained. This applies whether the intervention is a straightforward test or an invasive procedure. In reality, consent disputes usually emerge after more serious, higher-risk care such as surgery. Any adult who has the mental capacity to make their own treatment choices may accept or decline care, even where refusal could result in permanent harm or death to them or to their unborn child. Nor can such treatment be justified by detaining the person as a mental patient. For additional issues on consent—emergency treatment, withdrawal, capacity, professional guidance, battery, and Human Rights Act 1998 claims—see Practice Note: Consent in clinical negligence...

Practice Note This Practice Note offers practical direction on applying to set aside a judgment entered against a defendant who did not file an acknowledgment of service or a defence (a default judgment, or judgment in default). For an outline of the grounds on which a default judgment can be set aside, see the following Practice Notes: Setting aside default judgment—mandatory grounds ( CPR 13.2) Setting aside default judgment—discretionary grounds ( CPR 13.3) An application to set aside default judgment is an application for a court order, so the core procedure is contained in CPR 23 and CPR PD 23A. Guidance on preparing a CPR-compliant application is set out in Practice Note: How to make an application for a court order ( CPR 23). You should familiarise yourself with that guidance before making any application to the court, as it provides the...

This Practice Note explains what a statement of costs is and sets out the steps required to complete one properly. It also addresses whether the expense of preparing the statement is recoverable, the rules for filing and serving the document, the applicable time limits, and the consequences of missing them. Note that CPR PD 44, para 9.1 states that the court should consider carrying out a summary assessment of costs whenever it makes a costs order that does not provide only for fixed costs. The extended fixed recoverable costs ( FRC) regime applies to most civil claims worth no more than £100,000 that are issued on or after 1 October 2023. Where a case falls within the FRC regime, costs will not be summarily assessed. For further information generally on fixed costs, see: Fixed costs—overview. References in this Practice Note to fast track cases are to...

This Practice Note on domestic enforcement sets out, in outline, the range of enforcement options available, which will vary according to the type of judgment obtained and the identity of the judgment debtor. The likelihood of success with any selected mode of enforcement depends heavily on the breadth and depth of your knowledge of the judgment debtor. Enquiries into the nature and location of assets held by the debtor should not wait until judgment is handed down, but should instead form part of diligent case management from first instructions and continue throughout the life of the claim. For guidance, see Practice Note: Successful enforcement—knowing your defendant. Successfully obtained judgment—what next? Unless they are experienced in litigation, a successful client will often assume that the other party will comply with the judgment or order made. However, unsuccessful parties do not always comply. It is...

The core purpose of assembling electronic bundles is to deliver a user-friendly set and ensure all hearing participants hold the same version of the court papers. This Practice Note gives guidance on preparing electronic court bundles in PDF. Bundles for major commercial trials are likely to be filed by external bundle providers. All other bundles can be submitted to the court via the HMCTS Document Upload Centre— Professional Users Guide, or using HMCTS’ electronic filing and case management system, CE- File. The procedure for CE- File is set out in CPR PD 5C—for more on CE- File, see Practice Note: How to use CE- File—from 1 October 2025. This Practice Note should be read with Practice Note: Electronic bundles in civil proceedings and the General guidance on electronic court bundles issued by the Courts and Tribunals Judiciary on 29 November 2021 ( CTJ...

This Practice Note examines the rules in Section II of Part 6 of the CPR concerning the court’s discretion to waive the requirement to serve a claim form on a defendant. The court will only forgo service of the claim form in exceptional circumstances. Only in exceptional situations will the court excuse service of the claim form. Many decisions in this field precede 2008, when CPR 6.16, which addresses dispensing with service, adopted from the case law the need for “exceptional circumstances”. Before then, provisions enabling dispensation with service were contained in rule 6.9, and earlier authorities will therefore cite that rule. Several of the authorities predate 2008 and cite rule 6.9 accordingly. Materials that may assist when assessing whether service should be dispensed with include: Practice Note: Dispensing with service of documents—making an...

This Practice Note sets out the obligations on parties to assist the court with disclosure, having regard to the overriding objective, CPR 31 (including CPR PD 31B) and applicable data protection provisions. It highlights the need to co-operate throughout the disclosure stage and explains how the disclosure statement within the List of Documents ought to be addressed. It then considers the repercussions of inadequate disclosure, including the court’s ability to draw adverse inferences where matters are not handled properly. It also situates these duties within the framework of the overriding objective. What are a party's duties? CPR 1.3 obliges each party to help the court promote the overriding objective. In practice, this requires litigants to behave in a co-operative, proportionate and sensible way during proceedings so as to minimise costs. Frequently, this will involve discussing, and seeking to agree, the ambit of any...

Practice Note: Claim form in a Part 7 claim This Practice Note outlines what to include when preparing a claim form for a Part 7 claim. It identifies what a claim form is and why it is necessary, and cites examples of the court forms to be used in such matters. It further details the particulars that must be supplied when completing the form, and clarifies how the parties should be described in the claim form, including situations where the defendant’s name is unknown or uncertain, as appropriate. The claim form must contain a statement of value and a statement of truth. Depending on the court dealing with your case, you should also be alert to any additional requirements—see: Court specific guidance for that court, where relevant. This Practice Note is to be read alongside Practice Note: Drafting statements of case, which provides...

When court approval is required Any settlement, compromise, or payment made in a claim for a protected party has no binding effect until it is sanctioned by the court, and until then it cannot be treated as final. A compromise concerning a protected party requires approval because: the court must be satisfied the deal is fair, providing a safeguard against errors by legal advisers or undue pressure to accept an undervalued, hurried settlement that does not reflect the claim’s true worth a court-approved compromise also protects the defendant by ensuring a full and proper discharge from the claim the court oversees the protection and management of the funds, ensuring they are properly looked after, including appropriate investment on the protected party’s behalf For detailed guidance, see Practice Note: Claims involving a mentally incapacitated...

For guidance on causation in clinical negligence matters, refer to Practice Note: Causation and material contribution in clinical negligence claims. Did the breach cause the injury to the claimant? The baseline for proving causation is the ‘but for’ test: but for the defendant’s breach of duty, would the claimant have suffered the harm in question? In a personal injury claim alleging negligence or breach of statutory duty, the claimant must show the defendant owed and breached a duty, and that this breach resulted in loss or damage. It is helpful to consider the claim in key components: did a duty of care exist? was that duty breached by the defendant? is there a causal link between the breach and the loss or damage? what is the nature and scope of the loss or damage? The claimant bears the burden of proving the breach caused the...

This Practice Note sets out guidance on evidence used for interim applications, whether by affidavit or, more commonly, by witness statement. It clarifies when an affidavit should be used rather than a witness statement, for instance where sworn evidence is required by the court owing to the nature of the application. It also addresses the technical requirements and how courts will deal with conflicts between affidavit and witness statement evidence... The contents of evidence supporting applications Reports and other documents to be relied on in support of, or in resistance to, an application must be put in evidence within a witness statement or affidavit, usually by exhibiting them. In Brake v Guy, the judge criticised the practice of attaching a report to a skeleton argument or other written submission, and rejected the suggestion that the party should then be given a further...