Legal Practice Notes

Any attempt to limit or exclude liability for defective products in a contract term, notice, or other provision is prohibited. Under CPA 1987, matters fall into four main categories: the injured person cannot discharge the burden of proof the defendant establishes one of the statutory defences in CPA 1987, s 4 the claimant is barred by one or more of the CPA 1987 time limits the defences of contributory negligence or volenti non fit injuria (the willing acceptance of risk) apply Although liability imposed by CPA 1987 is strict, it is not absolute. There remains room to avoid liability where producers can make out one or more statutory defences. Statutory defences Compliance with UK or assimilated EU law This statutory defence will succeed if the defendant demonstrates the defect arose from compliance with a requirement imposed by UK or EU law. From IP...

Heads of loss associated with a road traffic accident claim When valuing a road traffic claim, consider potential losses such as: insurance excess and any loss of no‑claims bonus the insurer’s outlay less the excess (repair costs if economical, or market value less salvage where written off) hire charges vehicle recovery and storage charges specific, evidenced incidental expenses (eg calls to insurers, postage) Note: vague “miscellaneous” sums without detail or proof are routinely rejected the costs of pursuing the claim are costs, not damages A claimant may recover reasonable travel outlays caused by injury, including trips for treatment (not for medical expert appointments), to a garage to collect a damaged car, alternative transport while the vehicle is unusable, police attendances, and collecting prescriptions. Public transport is usually recoverable unless, for example, first‑class or needlessly expensive fares are chosen. Keep taxi and transport receipts. Mileage is often assessed at the HMRC rate of 45p per...

This Practice Note examines in considerable detail when damages for loss of a chance (often called loss of an opportunity damages) may be recoverable, with reference to the test in Allied Maples v Simmons & Simmons, its subsequent consideration in Wellesley v Withers, together with the Supreme Court’s clarification in Perry v Raleys. For a summary of the key headline points in the approach, see Q& A: How, in summary, does the loss of a chance approach work? This Practice Note should be read in conjunction with related content on recovering damages in contract and tort claims, see Practice Notes as follows: Contractual damages—general principles Causation and remoteness in contractual breach claims Damages in tort and negligence claims Causation and remoteness in tort and negligence claims Causation and remoteness in professional negligence claims What is the loss of a chance...

This Practice Note examines the need to complete Court Form N510 ( Notice for service out of the jurisdiction where permission of the court is not required) when serving a claim form outside the jurisdiction without the court’s permission. It explains what Form N510 is and the situations in which it must be used. It then outlines the sections to complete, which differ depending on the jurisdiction where service will take place. It also highlights key considerations when preparing Form N510 and sets out the consequences of completing it incorrectly. Finally, it confirms when the form must be filed and served, and what happens if this does not occur. For guidance on whether the court’s permission is needed to serve a claim form outside England and Wales, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and...

This Practice Note outlines the various legal foundations of consumer protection concerning dangerous or defective products. It examines civil actions—such as breach of contract, negligence and breach of statutory duty—together with criminal liability and regulatory proceedings. For a summary of the product liability material, see: Product liability—overview. Introduction Product incidents typically fall into two groups: those where using the product creates a risk of harm (‘dangerous products’ or ‘unsafe products’), and those where the product fails to operate as intended (‘defective products’) In either scenario, a recall or other corrective measure may be necessary to safeguard the brand, and affected consumers may pursue civil claims. That said, quality concerns on their own will seldom lead to criminal penalties for suppliers or manufacturers. For more details on recalls and corrective steps, see: Practice Note: Product safety notification and corrective actions Product...

ARCHIVED: This Practice Note is archived and not maintained. Court of Appeal—continuing breach and concurrent causes of action The Court of Appeal examined whether a continuing breach could operate as a concurrent cause of action when allocating loss under an indemnity in a share sale agreement that made the seller responsible for losses arising from services performed before the transfer date. The question was whether the pre-transfer negligence amounted to a breach of duty that persisted day by day after the transfer, so that a new cause of action accrued each day, creating a concurrent claim alongside the indemnified breach which, following EE Caledonia, would bar the appellant from relying on the indemnity. By a majority, and departing from the first instance decision, the court held there was no continuing breach, hence no concurrent cause of action, and the indemnity could be relied upon after the...

This Practice Note sets out guidance on witness summonses. It explains when a witness summons can be used, whether the court’s permission is needed and, if so, how to apply for it. It also addresses how to serve the summons, what to do if a witness does not comply, conduct money and payment for summoned witnesses. Depending on the court where your case is proceeding, further provisions may apply—see: Court specific guidance. What is a witness summons? A witness summons is issued by the court under CPR 34.2 requiring a witness to: attend court to give evidence on the date fixed for a hearing or a court directed date ( CPR 34.2(1)(a) and CPR PD 34A, para 1.1), or produce documents to the court either: on the date fixed for the hearing ( CPR...

ARCHIVED: This archived Practice Note explores service of witness statements, addressing when and how to file and serve factual witness evidence, including simultaneous exchange and methods of service. Timing is examined in detail, in particular including the sanction for non-compliance under CPR 32.10, how to seek an extension of time and the available steps you can take when you have breached your obligation (such as applying for permission to rely on a witness’s oral evidence where the statement was served late and/or seeking relief from sanctions). Practical steps on how to avoid default are also provided and explained. It is not maintained and is for background information only. For guidance on the court’s powers to make orders for the exchange of witness statements, see Practice Note: Courts’ power to manage factual evidence. Serving witness statements If you intend to rely on witness evidence, it must be...

This Practice Note sets out what it means when a defendant submits there is no case to answer. It is only in the most exceptional instances that a defendant advancing such a submission will not be put to its election—the election being that it may proceed, but only on the footing that, if the submission fails, it cannot adduce any evidence of its own. The evidential tests that apply, whether or not the defendant is put to its election, are identified. A submission of ‘no case’ to answer At trial, a defendant may opt to submit ‘no case’ once the claimant confirms its case is closed, and before the defendant calls any evidence. This point is sometimes termed the ‘halfway stage’ of the trial. Such a course is taken only where the defendant is highly confident the claimant has not placed before the court...

This Practice Note addresses the correction of accidental slips or omissions in judgments or orders under CPR 40.12, outlining when the rule can, and cannot, be invoked and the approach to making an application. What is the slip rule? The slip rule is the mechanism by which the court may amend an accidental slip or omission in a judgment or order (see CPR 40.12; CPR PD 40B, para 4.1 and CPR PD 40B, para 4.5). CPR 40.12 provides that the court may at any time correct an accidental slip or omission in a judgment or order. The phrase ‘any time’ needs no further gloss or explanation and means exactly what it says: the jurisdiction is not limited to orders that are still in existence ( IC v RC—while a family case, it considered an identical provision to CPR 40.12 in the Family Procedure...

This Practice Note explores what skeleton arguments are, the situations in which they are required, the deadlines by which they must be filed and served, and offers guidance on drafting skeleton arguments. This Practice Note does not address the requirements for skeleton arguments in appeals. For that guidance, see Practice Note: Skeleton Arguments in an appeal—general provisions. This Practice Note also provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may additionally need to be mindful of further provisions—see: Court specific guidance. What are skeleton arguments and when are they required? A skeleton argument is a written document supplied to the court ahead of a hearing that outlines the issues to be dealt with (both factual and legal), the principal arguments to be advanced on each issue, and the...

ARCHIVED: This Practice Note is archived and is no longer maintained. Similar facts evidence—meaning and the general position Material might be available about comparable conduct or the handling of a like issue in situations beyond the dispute, which a party may wish to rely upon as indicating that the same conduct or approach also took place in the dispute. In such circumstances, a party can apply to the court seeking permission to introduce evidence of similar, albeit unrelated, events or facts for consideration. Courts are generally reluctant to entertain such applications. The prevailing rule is that facts akin to a fact in issue are ordinarily inadmissible as proof of that fact in issue. Nonetheless, recognised exceptions exist and, it appears, courts will usually allow similar fact material where it has logical probative value, is not oppressive or unfair to the opponent, the opponent has adequate notice, and is in a...

As applications to set aside default judgment under CPR 13.3 require the court to exercise discretion, decisions on such applications are highly fact-sensitive. Nevertheless, reviewing examples that succeeded or failed on promptness or on relief from sanctions can illustrate how the court tackles these issues in practice. The tables below compile examples of applications to set aside default judgment that stood or fell on promptness or the application of relief from sanctions principles. For overarching guidance on the court’s approach to applications under CPR 13.3, see Practice Note: Setting aside default judgment—discretionary grounds ( CPR 13.3). Promptness For guidance on the meaning of promptness for CPR 13.3(2), see Practice Note: Setting aside default judgment—discretionary grounds ( CPR 13.3)— Promptly. Example cases where a default judgment was set aside despite delay Regera SARL v Cohen [2025] EWHC 2107 ( Comm) at paras...

This Practice Note reviews the framework governing service of documents issued by any foreign court or tribunal within England and Wales ( England). It calls for reference to the provisions of CPR 6... Key documents/definitions convention country—defined in CPR 6.49(a) as ‘a country in relation to which there is a Civil Procedure Convention’. A Civil Procedure Convention bears the same meaning as in CPR 6.31(c), ie any Convention (including the Hague Service Convention) entered into by the UK concerning service out of the jurisdiction foreign court or tribunal—a court or tribunal in a country outside of the UK ( CPR 6.49(b)), and process server—is defined in CPR 6.49(c) as: a process server appointed by the Lord Chancellor to serve documents to which Section V of CPR 6 applies, or the...

This Practice Note examines the redaction of information or data in disclosure within civil proceedings. It covers the grounds for redacting documents—maintaining confidentiality/privilege and excluding irrelevance—the categories of material capable of redaction, the courts’ stance on redactions, and practicalities. Redaction is the act of obscuring or masking parts of a document’s text, data, or graphics (here, ‘information’ is used to capture all of these). It can be used to preserve confidentiality, most often by concealing a name—of an individual, entity, process, and so on. Redacted documents may feature in any litigation. Disclosure scheme in the Business and Property Courts Consider whether the proceedings fall under the disclosure scheme operating in the Business and Property Courts. For guidance, see: Disclosure Scheme ( Business & Property Courts)—overview; and, for provisions on redaction within that scheme, see Practice Note: Disclosure Scheme—how to comply with disclosure orders and...

Quantification of costs claimable by Litigants in Person ( Li Ps) This Practice Note outlines the provisions and authorities governing assessment of costs recoverable by litigants in person. It covers the two-thirds rule for compensating proved losses, what a Li P must establish to obtain more than the fixed Li P hourly rate (ie proof of financial loss), and how claimed time will be evaluated, including decisions in which the court has addressed quantifying financial loss in Li P matters. It also considers the alternative time measure, namely time spent, and the hourly rates that apply on this basis. Under CPR 46.5(4), costs are calculated either by reference to: proved financial loss, or the amount for the time reasonably spent doing the work at a fixed rate, currently £24 per hour ( CPR PD 46, para 3.4) Note that, before 1 October 2025, the rate was £19 per hour. The £24 per...

What is a public authority? A public authority is a form of the state carrying out a public role. The line between a private entity and a public authority has grown more significant since the Human Rights Act 1998 ( HRA 1998), because HRA 1998 bars public authorities from behaving in a way or manner that conflicts in any respect with any Convention right under the European Convention on Human Rights ( ECHR). The approach to deciding whether an entity is a public authority can be broader in practice under HRA 1998 than it is within judicial review. Institutions that are plainly and inherently public by character are very likely to count as public authorities. Illustrations include, for example: central government police and emergency services local authorities local education authorities housing authorities the Ministry of Defence NHS bodies There are also various other organisations performing certain public tasks that may meet the...

This Practice Note examines when a failure to follow a pre-action protocol or the Practice Direction Pre- Action Conduct and Protocols may lead to a party being penalised, as well as the types of sanctions that could be imposed. For broader guidance on the potential recovery of costs incurred before proceedings, see Practice Note: Pre-action—costs recovery. Compliance with pre-action protocols The Practice Direction Pre- Action Conduct and Protocols (the Practice Direction) outlines the behaviour ordinarily expected of parties prior to commencing proceedings. Its provisions apply in every case, and are expressly stated to govern where none of the more detailed, subject-specific protocols are applicable to your claim (see Practice Direction Pre- Action Conduct and Protocols, para 2). For further detail, consult Practice Note: Pre-action behaviour in non-protocol cases— Practice Direction Pre- Action Conduct and Protocols. If your claim is caught by one of the dispute...

This Practice Note examines the recovery of costs incurred pre-action. It outlines the provisions within the Senior Courts Act 1981 ( SCA 1981), CPR 44, the pre-action protocols and the court guides. It highlights the rules for civil matters falling under the fixed costs regime on or after 1 October 2023. It also records pertinent case law on the principles governing recovery of pre-action costs. Pre-action costs—what are they? Pre-action costs are the expenses a party incurs before the commencement of court proceedings. Such outlays can be substantial and may include, without limitation, the following: obtaining instructions from the client and keeping them informed about the progress and development and status of the case engaging in dialogue and correspondence with the other side, including without prejudice exchanges and potential settlement discussions and...

This Practice Note explores the procedure for summary assessment, the measures parties should take where such an assessment is undertaken, and the enforcement of costs orders made on a summary basis, outlining how parties should approach these stages. The application No formal application notice is needed for the court to carry out a summary assessment of costs. At the close of the application hearing, or the substantive hearing where summary assessment is appropriate, the successful party seeking to recover the hearing costs need only ask the judge orally to summarily assess the costs. The application can then be addressed by any of the following, or a combination, as the judge considers appropriate: the court allows the parties time to try to agree costs oral submissions written submissions Prior to the hearing To ensure the process of summary assessment at the hearing runs as...