Legal Practice Notes

Case, citation and News Analysis This Practice Note collates costs decisions in which the court has imposed a wasted costs order. The judgments below illustrate circumstances where such orders were made. The newest ruling appears first. Minh v Da Guang Tankers ( Private) Ltd [2026] EWHC 793 ( Admlty) Factual background In collision proceedings, the claimant’s solicitors stated they were instructed by both the claimant and his hull insurers, PVI. It was later established they lacked authority from PVI, although the court found they did hold authority from the claimant himself. Judgment The Admiralty Court held that the solicitors’ admitted absence of authority from PVI amounted to a breach of warranty of authority and also merited a wasted costs order. The court determined that the representation that insurers stood behind the claim materially influenced the defendants’ decisions, causing them and their Club to accept English...

This Practice Note examines what a wasted costs order is and the court’s power to make such an order. It also considers the relevant test and the principles the court will apply in such cases. For information on making an application for a wasted costs order, and the practical points to consider, see Practice Note: —application. What is a wasted costs order? A wasted costs order is described in CPR PD 46, para 5.1 as an order of the following type: requiring a legal representative to pay a sum in respect of a party’s costs, the amount either specified by the court or left to be assessed; or disallowing costs connected to a specified sum or particular items of work. Such orders are not available to satisfy a disgruntled party who has been unable to obtain an effective costs order; ie they are not a back-door device to...

Read this Practice Note together with the Practice Notes on Civil restraint orders, Limited civil restraint orders, Extended civil restraint orders and General civil restraint orders. What is a civil proceedings order and when will a court order one? Section 42 of the Senior Courts Act 1981 ( SCA 1981) empowers the court to limit vexatious litigation when specified criteria are met. If a person repeatedly brings unmeritorious claims and/or court applications against the same or different parties, the Attorney General, acting in the public interest, may seek an order under SCA 1981, s 42 that stops a vexatious litigant from starting further civil proceedings without the leave of the High Court. This is termed a ‘civil proceedings order’ ( CPO). Under SCA 1981, s 42, the High Court can also make a ‘criminal proceedings order’ or an ‘all proceedings order’. As the names...

This Practice Note outlines the position on costs budgeting from 1 October 2020. It explains why the phrase ‘significant developments’ is key when seeking to vary a costs budget and what the phrase is intended to capture. It also refers to examples, drawn from judgments, of changes the court has regarded as significant developments. Why are ‘significant developments’ important? A costs budget can only be changed if there have been ‘significant developments’ that justify the alteration. This is provided for in CPR 3.15A(1): ‘ A party (“the revising party”) must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions.’ It is important to recognise that where significant developments affect a party’s costs budget, that party (the revising party) must revise the budget, whether the figures go up or down. What is meant by ‘significant...

Following an injury, a claimant may rely on a friend or relative for help, particularly in the early stages of recovery. In such circumstances, the reasonable value of care delivered gratuitously (ie without charge) can be recovered. The identity of the carer At law, sums awarded for the time and effort of providing nursing or care are held on trust by the claimant for the benefit of the carer. Consequently, this head of loss cannot be recovered where the defendant supplied the care. The rationale is that a claimant cannot obtain damages from the defendant only to hold them on trust for that same defendant. Instead, support may come from another family member or friend, or be purchased commercially. A further consequence is that, where the claimant cannot pass the funds to the carer (eg the carer has died or contact has been lost), the court is...

Practice Note This Practice Note is intended to guide the identification of the applicable law before the courts of England and Wales in relation to events that cause damage, where those events took place on or after 1 January 2021. Where a dispute raises a conflict of laws between different parts of the UK, or between the UK and Gibraltar, UK Rome II applies if the harmful event occurred on or after 11 January 2009. For occurrences falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event. For an overview of the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note refers to UK Rome II, Regulation ( EC) 864/2007. UK Rome II reproduces the full text and recitals of Regulation ( EC) 864/2007 (as...

This Practice Note provides guidance on pursuing a ‘ UK GDPR claim’. It does so by referring 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), together with the Data Protection Act 2018 ( DPA 2018). Matters falling within the EU are governed by the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). UK data protection rules—most notably Assimilated Regulation ( EU) 2016/679, UK GDPR—originate largely from EEA regimes and consequently rest on comparable foundations, albeit with some granular divergences. In the UK, “assimilated law” denotes retained EU law ( REUL) that continued post‑2023, including the UK GDPR. Re‑labelling REUL (and related expressions) as assimilated law signalled an alteration in its standing and handling under UK law, meaning it is...

Applications in the Technology and Construction Court Where your case proceeds in the Technology and Construction Court ( TCC), the TCC Guide governs any application you pursue, and its provisions will apply to every application you make. This Practice Note sets out guidance on applications in the TCC, with cross‑references to the relevant parts of the TCC Guide and their corresponding provisions. It concentrates on the step‑by‑step process of making an application in the TCC, spanning pre‑application considerations through to serving the issued application. For guidance on preparing for an application hearing after issue of the application, see Practice Note: Preparing for an application hearing in the Technology and Construction Court ( TCC). The following general points should be noted: The TCC Guide also offers practical information on proceedings in the TCC, but it is not a replacement for the CPR and must be read in...

This Practice Note offers guidance on statements of truth under CPR 22 and CPR PD 22. It clarifies what a statement of truth is, identifies which documents must be verified by one and sets out the standard wording. It also explains who may sign the statement of truth (including solicitors, and scenarios involving multiple parties or group litigation), addresses the use of electronic signatures (referred to in CPR 5.3 as signatures ‘printed by computer or other mechanical means’), and highlights the repercussions of either failing to sign or making a false statement of truth, including the risk of contempt of court. Depending on the court handling your matter, you may need to consider additional requirements—see: Court specific guidance. Amendments to CPR 22 and CPR PD 22—1 October 2023 CPR 22 and CPR PD 22 are revised with effect from 1 October 2023—see: LNB News...

This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your case is progressing, you should also be alert to any additional provisions (see further below). This Practice Note addresses stakeholder applications where an individual under a liability to two or more parties may apply under CPR 86 for directions as to which party should receive payment or delivery of goods or assets. CPR 86 took effect on 6 April 2014, replacing the former RSC and CCR rules, though pre-6 April 2014 case law may still assist in construing the new provisions. Where a stakeholder faces such competing claims, they may apply to the court under CPR 86.2 for a direction indicating to whom they ought to pay a debt or money, or to whom any goods or chattels should be...

This Practice Note considers costs in the small claims track ( SCT) Handled under Part 27 of the CPR, this Practice Note reviews how costs operate on the SCT. It explains the scope of CPR 27.14(2) and provides guidance on the way the courts have interpreted those provisions. It also addresses rare scenarios in which a successful claimant may recover costs by relying on a contractual entitlement. Note, this Practice Note considers: The transitional CPR provisions for proceedings issued before 1 October 2023 (excluding personal injury and disease cases). The position under the current rules for proceedings issued on or after 1 October 2023 (excluding personal injury and disease cases). For personal injury, the transitional regime where the cause of action accrued prior to 1 October 2023. For disease claims, the transitional regime where the letter of claim was sent to the...

This Practice Note sets out circumstances in which you may opt to, or be directed to, appoint a single joint expert ( SJE) pursuant to CPR 35.1 and CPR 35.2(2). It surveys issues of selection, appointment, instruction, conduct, fees, and any track- or court-specific guidance. It also offers guidance on contesting an SJE’s conclusions. The Note further addresses the manner in which an SJE’s evidence is provided to, and relied upon by, the court, including through written questions and cross-examination. Experts and those instructing them should have regard to: all relevant CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims ('the Guidance') Practice Direction Pre- Action Conduct and Protocols, para 7 This Practice Note should be read alongside: Instructing an expert under the Guidance for the instruction of experts in civil claims ...

This Practice Note explores when and for what reasons you ought to pursue settlement of disputes, and the implications of failing to try to settle when directed to do so. For direction on who should participate in settlement discussions, the form a settlement might take, how it should be recorded, and the means of enforcement, consult the materials in this subtopic, including the following Practice Notes: Settling disputes—who, confidentiality and subject to contract Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement Settling disputes—drafting the settlement agreement Resolving disputes concerning settlement agreements What is settlement? A settlement is the product of agreement between the disputing parties to compromise and/or conclude the litigation, or to resolve matters where no proceedings have yet started. It comes about when one party makes an offer that is accepted by the other or others. Not all parties to the...

This Practice Note examines the impact of a settlement agreement on ongoing litigation, whether settlements can bar further litigation (and the exceptions to that), safeguarding future claims by carving them out of the settlement agreement, when a settlement can bind third parties, passing on settlements to other parties, and when a settlement agreement can release fraud-based claims. For guidance on interpreting settlement agreements, see Practice Note: Settlement agreements—interpretation. The estoppel and release In the setting of proposed or ongoing proceedings, the release clause in a settlement agreement operates to discharge one party from liability arising out of the subject matter of the dispute. There are numerous formulations of a release clause, some markedly longer than others, and many achieving the same effect with different wording in practice. In essence it covers: a full and final resolution an agreement not to sue a waiver and release of the claim (and...

Where a claimant has obtained judgment because a defendant failed to lodge an acknowledgment of service or a defence (a default judgment or judgment in default), the defendant may invite the court to exercise its discretion to set aside that judgment, even though it was properly entered. For detailed guidance, consult the following Practice Notes: Practice Note: Setting aside default judgment—mandatory grounds ( CPR 13.2) Practice Note: Setting aside default judgment—making the application Practice Note: Obtaining default judgment—general principles This Practice Note offers direction on interpreting and applying the relevant CPR provisions. Depending on the court dealing with your case, further requirements may apply—see the section Court specific guidance below. The court’s discretionary power to set aside default judgment Under CPR 13.3, the court has a discretionary power to set aside or vary a default judgment......

Set-off remains a nuanced but significant doctrine across litigation and a wide range of transactions. Both independent set-off and transaction set-off may serve as defences in legal proceedings. For further detail, see Practice Notes: Independent set-off and transaction set-off and Pleading set-off. In commercial contexts, transaction set-off is a key entitlement for a party asserting breach of contract to resist a demand for payment under that contract. Parties to a contract can also make express provision for set-off in their written terms, either widening or curbing the extent of mutual rights to set off. For more information, see Practice Note: Contractual set-off. Within finance deals, contractual set-off, insolvency set-off and banker's set-off are often central. For more information, see Practice Note: Set-off in finance transactions. The construction industry also relies on set-off to help regulate cash flow. For more...

Practice Note This Practice Note outlines the core principles to bear in mind when seeking to invoke jurisdictional service gateways. It explains the nature of a jurisdictional service gateway, identifies the date by reference to which the gateway must apply, and describes how the gateway is satisfied. Indicates where the jurisdictional gateways are located and supplies a compiled list of them, setting out their source. Includes links to the relevant provisions of CPR PD 6B, para 3.1 for each gateway. Records the dates on which gateways came into force, were substituted, or were deleted. Provides links to guidance focused on each specific gateway. The Practice Note also addresses what must be shown to establish that a jurisdictional gateway applies, together with guidance on interpreting and construing a jurisdictional gateway. It should be read alongside Practice Note: Determining whether the courts of...

This Practice Note examines the defendant’s ability to require the claimant to serve the claim form, as governed by CPR 7.7. CPR 7.7 notice Where a claim form has been issued but not yet served on the defendant, CPR 7.7(1) permits the defendant to give the claimant a notice requiring them to either: serve the claim form, or discontinue the claim within the period stated in the notice There is no obligation on a defendant to invoke CPR 7.7 to compel service; it is a matter of choice, as recognised in Bourlakova v Bourlakova (2022). When deciding whether to serve a CPR 7.7 notice, note that: the period specified in the notice must be at least 14 days after the notice is served ( CPR 7.7(2)) the notice can only be used to request service; the rule does not allow the...

This Practice Note outlines the options open to a claimant who is facing problems serving the claim form within time, and to a defendant who wishes to insist on service, contest the court’s jurisdiction because service was invalid, or pursue discontinuance of the claim. Claimant—potential difficulties with service Unable to serve within the time required A claim form is only effective if served within the relevant period prescribed by the CPR or any applicable statutory limit; the deadlines for service vary according to whether service takes place in England and Wales or in another jurisdiction. For further guidance, see Practice Note: Service of the claim form—time periods for service. The authorities demonstrate that the courts show scant indulgence to claimants who miss the deadline for service. This approach applies equally to litigants in person, as confirmed by the Supreme Court in Barton v Wright Hassall (2018). Without a good...

This Practice Note explains who must serve the claim form on the defendant—the court or the claimant. Who is to serve the claim form? As a default, the court serves the claim form unless one of the three situations in CPR 6.4(1) applies: the claimant is required to serve it under the CPR or a practice direction the claimant has told the court it intends to serve it the court makes an order or direction to the contrary In certain specialist courts, service is by the claimant rather than the court. These are jurisdictions within the Rolls Building. The position may arise from CPR provisions, guidance in the relevant court guide, or established practice: Admiralty Court—see CPR 61.1(3) and CPR PD 58, para 9 Commercial Court—see CPR PD 58, para 9 and Court specific guidance below. Note, this does not apply in the...