Legal Practice Notes

What are general damages and special damages? General damages General damages are sums that cannot be measured with exactness and instead require a considered valuation. They include: non-pecuniary loss (past and future) for pain, suffering and loss of amenity ( PSLA), handicap in the labour market, loss of congenial employment, loss of convenience, etc future pecuniary loss, e.g. future loss of earnings, future care, etc In everyday practice, the label ‘general damages’ is frequently used to denote PSLA alone. Although that is the most common head of general damages in personal injury claims, it is not the only one. Care should therefore be taken to ensure both sides understand precisely what is meant, particularly during settlement negotiations. Special damages Special damages, or past pecuniary loss, comprise financial losses up to the trial date that can be calculated with reasonable precision, e.g. past loss of...

This Practice Note sets out guidance on Part 36 offers where there are multiple parties or multiple proceedings. It highlights relevant authorities and gives practical direction on the key considerations to bear in mind in these kinds of cases. Multiple parties and proceedings complicate Part 36 Part 36 offers can be used in litigation involving numerous parties and/or more than one set of proceedings. Yet, when several parties are engaged, deciding whether to put forward such an offer, and in what terms, is more complex. For details of the specific points to address when making a Part 36 offer in a matter with multiple parties, see Practice Note: Part 36 offers—how to make a valid Part 36 offer— Making a Part 36 offer in cases involving multiple parties. In Zagora Management v Zurich Insurance (2019), the court determined the costs payable in a...

This Practice Note looks at the liability issues that frequently arise when dealing with a stress at work claim including foreseeability, the circumstances in which breach of duty can be established, the impact of statutory regulations, causation and the apportionment of damages. Many psychiatric injury claims stem from a single incident or a brief sequence of related incidents. By contrast, work-related stress actions typically flow from matters unfolding across an extended span of time. In such situations, claimants are generally primary victims and, as a result, they are generally not required to satisfy the control mechanisms applied in secondary victim claims. In Hatton v Sutherland, the Court of Appeal considered four appeals concerning psychiatric illness arising from workplace stress, and Hale LJ issued guidance for the handling of these types of disputes. One of those matters proceeded to the House of Lords, where it is...

When will a public authority owe a duty of care? The Supreme Court examined when a public authority owes a duty of care in Michael and Robinson. In Michael, Ms Michael dialled 999 to tell the police that her former partner had threatened to kill her. The call handler failed to relay the threat to kill, so the incident was treated as lower priority, causing a delay in the police response. Ms Michael was killed by her ex-partner before the police finally arrived. In Robinson, an elderly pedestrian was knocked down by police officers who were attempting to arrest a suspected drug dealer in the course of an attempted arrest. Each case was assessed to decide whether a duty of care was owed in those circumstances......

Background Claims for noise‑induced hearing loss ( NIHL) have existed for many years, yet in recent times there has been a marked surge in actions brought against the Ministry of Defence ( MOD), in particular on behalf of Army, Navy and RAF personnel for NIHL arising from military service—commonly termed ‘ M‑ NIHL’ claims. While M‑ NIHL shares much in common with occupational NIHL ( O‑ NIHL), these military claims often present distinctive characteristics that must be taken into account when handling and progressing them. Existence and extent of duties Members of the armed forces are not employees, as they do not serve under contracts of service; in constitutional terms, they are servants of the Crown. Nevertheless, it is firmly recognised and long established that service personnel are owed duties equivalent to those owed to employees by their...

This Practice Note explains how to craft an opening presentation for a mediation. It is designed for a complex dispute where the mediation is expected to last at least an entire day. If you are planning for a shorter mediation, you may prefer a far simpler presentation that lasts only a few minutes. The guidance in this note remains valuable and will help you prepare the presentation for maximum effect and impact. Opening statements will be delivered by each party in a joint meeting at the beginning of the mediation. For further detail of how a mediation may progress, see Practice Note: Stages of the mediation. Prior to the mediation Before the mediation, ensure you discuss thoroughly with your client: how the mediation will proceed through the different stages, including precisely when the opening presentation will be given—see Practice Note: Stages of the...

This Practice Note outlines examples of the different types of jurisdiction agreements (also known as choice of court agreements): exclusive, non-exclusive and asymmetric. In some instances, the jurisdiction clause includes a forum non conveniens waiver, meaning the parties agree not to contend the doctrine of forum non conveniens (i.e. which court is the proper forum for the dispute). For fuller guidance, see the following Practice Notes: Jurisdiction agreements—exclusive jurisdiction agreements Jurisdiction agreements—asymmetric jurisdiction agreements Forum non conveniens—principles Exclusive jurisdiction agreements Example: Exclusive jurisdiction clause In Cia Sud Americana de Vapores SA v Hin- Pro International Logistics Ltd (2015), the Court of Appeal treated a clause as exclusive even though the word ‘exclusive’ was missing. The clause provided that the Bill of Lading, and any claim or dispute arising under it, was to be governed by English law and fall within the jurisdiction of the English High Court of Justice in...

Within this Practice Note is a catalogue of commonly used medical short forms and symbols present in clinical notes...

What can be claimed by the estate under the Law Reform ( Miscellaneous Provisions) Act 1934? The Law Reform ( Miscellaneous Provisions) Act 1934 ( LR( MP) A 1934) permits the deceased’s estate to recover certain losses the deceased could have pursued prior to death. The available claims under LR( MP) A 1934 comprise three categories: General damages reflecting the deceased’s pain, suffering and loss of amenity ( PSLA) from the time of injury until death Special damages, i.e. financial losses sustained by the deceased between the accident and death (note that the estate cannot claim future loss of earnings under LR( MP) A 1934; this may instead be recoverable under the Fatal Accidents Act 1976 ( FAA 1976) as part of a dependency claim—see Practice Notes: Claims involving a...

What is the status of the court guides? The court guides aim to give an overarching account of the functions and practices of different courts, with practical guidance to be read alongside the Civil Procedure Rules ( CPR), so proceedings in those courts are managed effectively and in accordance with the rules. They should not be treated as a replacement for the CPR, but as clarification of how the rules and the practice directions are implemented in those courts......

This Practice Note This Practice Note sets out details on CPR PD 31B concerning electronic disclosure, commonly termed e‑disclosure. It outlines the aim of CPR PD 31B, emphasises co‑operation between the parties at an early stage, and identifies the issues that should be addressed and discussed. It further offers guidance on the ambit and delivery of e‑disclosure, including what may fall within scope and how provision should be made. Beyond its application to disclosure undertaken under CPR 31, CPR PD 31B guides how electronic documents ought to be approached for disclosure where the disclosure scheme applies to claims in the Business and Property Courts. Where a claim falls within the disclosure scheme, you must refer to the scheme’s particular provisions; for additional guidance, see: Disclosure Scheme ( Business & Property Courts)—overview......

Witness statements of fact under CPR 32 This Practice Note sets out broad guidance on preparing factual witness statements in civil proceedings under CPR 32. It explains what the statement should contain, how the courts approach such evidence, the importance of using the witness’s own words, keeping accounts consistent across different witnesses, and the method for referencing documents exhibited to statements. It also considers the presence of expert opinion within factual statements and whether such material is admissible. The Note assists with interpreting and applying the relevant CPR provisions. For information tailored to a particular court, see Court specific guidance below. It should be read alongside the following Practice Notes: Planning, interviewing and assisting witnesses Drafting witness statements—formalities and dealing with problematic witnesses—which covers formatting, prescribed wording, and the statement of truth Exhibits to witness statements and...

Dispute resolution clauses—what and why Drawing on Practice Note: Dispute resolution clauses—what and why, including a dispute resolution clause in an agreement is widely regarded as beneficial. When well drafted, it can reduce future ambiguity and offer a clear, non-contentious pathway for parties to attempt settlement without immediately resorting to litigation. Many contracts feature such provisions. In some cases they are straightforward, calling simply for litigation or arbitration (and at times also addressing jurisdiction and applicable law). Alternatively, a dispute resolution clause can prescribe other forms of alternative dispute resolution ( ADR) to be used if a disagreement arises; the intention being that ADR steps occur before litigation (or arbitration) begins. These are sometimes labelled ‘ ADR clauses’ or ‘ Dispute resolution clauses’. For guidance on example wording, see Practice Note: Types of dispute resolution...

This Tracker summarises a series of decisions where the courts have considered how the CPR provisions on dispensing with service of documents should be interpreted, including whether they extend to defendants outside the jurisdiction. The relevant rules are CPR 6.16 and CPR 6.28. Note that the service rules in Part 6 were extensively revised in 2008; cases before that date are not covered in this tracker. The court will only dispense with serving the claim form in exceptional situations, depending on the particular facts of the case... Order made to dispense with service The judgments below illustrate circumstances in which the court has exercised its power to dispense with service of documents: Judgment citation and news analysis Almeqham v Al- Sanea [2025] EWHC 322 ( Ch) at para [146] Facts One defendant was imprisoned in Saudi Arabia. The claimant attempted to serve court papers, but the...

This Practice Note considers directions questionnaires for civil claims that are issued on or after 1 October 2023 (except personal injury claims). It explains the timing and process for preparing, lodging and serving the directions questionnaire, as well as the repercussions if one is not filed. Directions questionnaires use Form N180 or N181, selected according to the case management track to which the claim is assigned. The rules governing directions questionnaires differ, contingent on whether the proceedings were issued before or after 1 October 2023. This Practice Note addresses directions questionnaires for civil claims brought on or after 1 October 2023. For guidance on directions questionnaires in civil claims begun before 1 October 2023, see Practice Note: Directions questionnaires—position before 1 October 2023. Do note, however, that for personal injury claims the applicable rules hinge on when the cause of action accrues, and for...

This Practice Note outlines key points to consider when serving a claim form beyond England and Wales. It reflects the Civil Procedure Rules and the accompanying guidance in the associated practice directions for England and Wales, together with relevant international conventions. A diagrammatic overview of the topics mentioned in this Practice Note is available in: Cross–border service—flowchart, presenting the issues in visual form. Does the court have jurisdiction? Court papers may only be served on a defendant outside England and Wales where the English courts possess jurisdiction over that defendant in the matter. Although service is a procedural step, when approaching cross‑border service it is important to recognise the substantial overlap with determining the court’s jurisdiction, because the court must have jurisdiction over the dispute for service to be valid. Where the specific requirements in CPR 6 regarding service have been satisfied, the court will be...

This Practice Note examines both the capacity to enforce an English court default judgment in another jurisdiction and the practical and procedural obstacles that may arise. For further guidance on the enforcement of a default judgment as between EU Member States, see Practice Note: E& W Brussels I recast—enforcement of default judgments [ Archived]. Requirement for service of the claim form/originating document For guidance on obtaining a default judgment under CPR 12, see: Default judgment—overview. Where a claimant has secured a default judgment and seeks to enforce it, a central consideration for the enforcing court will be whether the claim form/originating document was in fact brought to the defendant’s attention. This is commonly assessed by reference to whether there was proper and valid service of the claim form/originating document. In situations where difficulties were faced in attempting service, it may still be possible to achieve valid...

Practice Note This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your proceedings are taking place, you should also remain alert to any additional provisions—see: Court specific guidance. The Note explains the status of authorities to be relied on before the court and emphasises the importance of accurate citation of authorities. It is counsel’s duty to cite the correct law report for a case; citing an unofficial report is not adequate where an official or approved report is available. Accordingly, when conducting research or compiling bundles for counsel or the court, ensure that citations are to the most appropriate law reports at all stages, wherever possible. The applicable sources are set out in Practice Direction ( Citation of Authorities (2012). The cost of producing a non-compliant bundle of...

This Practice Note outlines what a Part 8 ( CPR 8) claim is and when appropriate. It also identifies CPR provisions that are disapplied for Part 8 proceedings. It explains commencing a Part 8 claim, offering practical guidance on completing and serving the claim form. It addresses case management and costs management points; extensions of time for service of the claim form and supporting evidence; and the scope to pursue CPR 20 claims. It further covers how to respond to a Part 8 claim, including challenging the suitability of the Part 8 route, lodging evidence, seeking summary judgment within a Part 8 claim, and moving Part 8 claims to Part 7 ( CPR 7). The Practice Note gives direction on construing and applying the relevant CPR provisions. Depending on the court handling your case, you may need to consider extra...

This Practice Note sets out a catalogue of costs precedents, including links to the precedents in PDF or Word format...