Legal Practice Notes

Independent contractors At times, premises may remain hazardous owing to defective construction, maintenance, or repair undertaken (or still in progress) by independent contractors. In other cases, such contractors are brought in to fix a risk yet do not succeed. The issue then arises: is the occupier responsible for injury suffered by a visitor as a result? As a general rule, unless the agreement under which the occupier has engaged the services states otherwise, the occupier will not be liable, under the Occupiers’ Liability Act 1957 ( OLA 1957), for negligence committed by independent contractors operating on the premises. Note that the pertinent rule, OLA 1957, s 2(4)(b), is confined to construction, maintenance, or repair works. The occupier bears the burden of showing that an independent contractor was in fact instructed. In other words, the occupier must demonstrate that the contractor was retained to act......

Grounds for objecting to inspection In general, a party is entitled to inspect documents that: have been disclosed to them under CPR 31.3—for general guidance on inspection, see Practice Note: Disclosure—inspection are referred to in a statement of case, a witness statement, and the like—for further detail, see Practice Note: Disclosure—inspection— Inspection of documents referred to in statements of case, witness statements are identified in an expert report under CPR 35.10(4)—for additional guidance, see Practice Note: Disclosure—inspection— What can be inspected? Nonetheless, there are instances where the disclosing party is obliged or entitled to refuse inspection of certain documents under CPR 31.3(1)(b) and CPR 31.19(3). Grounds for resisting inspection include: irrelevance rendering the documents not disclosable—for more detail, see Practice Note: Disclosure—standard disclosure and the reasonable search loss of the disclosing party’s control over the...

ARCHIVED This archived Practice Note sets out guidance on notices to admit facts under CPR 32.18. In particular, it outlines what a notice to admit is, what it can be used for, how notice is given using Form N266, whether there are any time limits for serving the notice to admit on other parties, and how to respond to such a notice. It is not maintained and is provided for background information only. For further discussion of notices to admit facts, see Practice Note: Evidence—status, use and admissibility of witness statements and proving other factual matters— Notices to admit facts. What is a notice to admit facts? Put simply, a notice asks the other side to admit facts in the case. The aim of such a notice is to save time and, importantly, costs, because a party need not go to the expense of proving...

This Practice Note outlines the court’s discretionary power under section 51 of the Senior Courts Act 1981 ( SCA 1981) to make a non-party costs order ( NPCO), meaning a costs order granted for or against someone who is not a party to the case. It summarises the Court of Appeal’s approach in Deutsche Bank v Sebastian Holdings (2016) to the operation of CPR 46.2 on NPCOs. It also gives guidance on the requirement to alert a third party to any intended NPCO application and on the necessity of adding that third party to the proceedings. In addition, this Practice Note explains the matters the court will evaluate when determining an NPCO application, including whether causation is a prerequisite... Non-party costs orders—application Non-party costs orders—company directors and shareholders Non-party costs orders—funders Non-party costs...

This Practice Note It sets out how NHS charges are recovered, covering applications for certificates, payment of sums due, and routes to request a review or lodge an appeal against an NHS charges certificate. It explains how to apply for a certificate, settle NHS charges, and the steps to seek a review or bring an appeal where that is required. It further addresses procedures where contributory negligence arises and where more than one compensator is involved. Where an injured party obtains compensation following an accident, the NHS may reclaim the costs of that person’s NHS hospital care and any associated ambulance charges. Responsibility for collection rests with the Compensation Recovery Unit ( CRU), which then reimburses the appropriate hospital or ambulance provider. The scheme is designed so that monies recovered by the CRU flow straight to the NHS and/or the ambulance trust that...

This Practice Note explores matters that arise where several defendants (including co-defendants), domiciled in England and Wales, are or might be drawn into proceedings before the courts of this jurisdiction, from the claimant and defendants’ perspectives. For guidance on the points to assess concerning liability in tort claims that involve more than one actual or potential defendant, see Practice Note: Multiple tortfeasors—liability issues. For details on joint and several liability as between multiple contracting parties or between joint tortfeasors, together with direction on who ought to be sued in such circumstances, see Practice Note: Joint, several, and joint and several liability. Considerations for the claimant Where a claimant has sustained loss or damage, they may conclude that more than one party bears responsibility for that loss or damage and will have to determine against whom proceedings should be brought......

Nature of the award A claimant who can no longer carry out work they loved may recover damages for loss of congenial employment. That award targets the lost pleasure derived from their previous role and stands apart from any straightforward monetary loss. While certain judges subsume it within compensation for pain, suffering and loss of amenity, the law also acknowledges loss of congenial employment as a distinct head of damage. This category generally emerges where the claimant’s pre-accident occupation was out of the ordinary; nevertheless, it is enough to demonstrate that their work gave them marked satisfaction and fulfilment. It addresses the personal, non-pecuniary deprivation linked to the role, rather than earnings, and turns on evidence of genuine gratification......

Limitation Limitation frequently arises in noise-induced hearing loss ( NIHL) cases. Typical claimants were exposed to workplace noise far more than three years before approaching a solicitor about a claim. Consequently, they are often beyond the primary three-year personal injury period and must rely on the alternative date of knowledge in section 11(4)(b) of the Limitation Act 1980 ( LA 1980). Under LA 1980, section 14, the date of knowledge is the date the person first knew: that the injury was significant; that the injury was caused, in whole or in part, by the act or omission alleged to constitute negligence, nuisance or breach of duty; and the defendant’s identity. Whether those acts or omissions did or did not, as a matter of law, involve negligence, nuisance or breach of duty is irrelevant......

Coronavirus ( COVID-19) : The COVID-19 Clinical Negligence Protocol (2020), last updated in June 2021, was introduced to modify how clinical negligence claims and litigation were handled during the coronavirus ( COVID-19) period. It covered: Limitation and time extensions Communication Service Medical examinations Exchange of evidence Interim payments Settlement meetings and mediations BACS payments Costs budgeting Hearings (including adjournments) With effect from 27 August 2024, this Protocol was replaced by the Clinical Negligence Claims Agreement 2024, which develops the earlier approach, with many practices now forming part of day-to-day claims management. The new Agreement is not contractually binding, but places emphasis on collaborative working between the parties. Limitation period: Section 11 of the Limitation Act 1980 ( LA 1980) provides a three-year limitation in personal injury and clinical negligence cases from the date the cause of action...

This Practice Note This Practice Note explains the rules that govern the assessment of fixed costs in land claims where proceedings were started before 1 October 2023. It outlines the method for calculating fixed costs, the further costs recoverable, and the expense of obtaining a judgment. Note that this Practice Note addresses the current fixed costs regime for land claims. From 1 October 2023, the earlier provisions and the relevant Tables for land claims were renumbered within CPR 45 or relocated to CPR PD 45. Nevertheless, the substantive provisions and the Tables themselves have not altered in terms of content at all whatsoever......

Practice Note This Practice Note examines when a court might permit the alteration of parties to proceedings—specifically, the joinder of a new party or the substitution of one party for another—after a relevant limitation period has expired (or may have expired). It cites section 35 of the Limitation Act 1980 ( LA 1980) and considers pertinent provisions of the Civil Procedure Rules ( CPR), notably CPR 17 and CPR 19.6, which address the addition of parties. It ought to be read alongside Practice Note: Limitation—amendments to statements of case, set-offs and counterclaims, which likewise deals with amendments to statements of case once the relevant limitation period has ended, with particular emphasis on adding or substituting new causes of action after expiry (and also setting out the position on limitation and counterclaims). For summaries of illustrative decisions, see the following Practice Notes: ...

This Practice Note ought to be read alongside Practice Note: Starting civil claims in the County Court, which addresses the general approach to commencing civil claims in the County Court. This Note explains where and how to issue a County Court money claim ( CCMC) under CPR 7. For guidance on issuing a claim in the County Court under CPR 8 (used where there is no substantial dispute of fact and for certain categories of proceedings), see Practice Note: Starting civil claims in the County Court— Where to issue CPR 8 claims in the County Court... What is a County Court money claim ( CCMC)? A money claim may pursue a specified or an unspecified sum ( CPR PD 7A, para 5.1(1)(b)) and includes a claim for damages—the CPR glossary defines damages as a ‘sum of money awarded by the court as...

Practice Note This Practice Note sets out guidance on interest on costs orders awarded to the receiving party. It explains who may recover interest, the date from which interest runs, and the rate of interest. It also considers when interest is payable, the circumstances in which it can be suspended, when the court may disallow interest, and the position on interest where a costs order has been successfully appealed. It also outlines the provisions governing interest in the High Court and the County Court, noting differing requirements. For detailed guidance on payment and enforcement of costs orders, see Practice Note: Costs orders—payment and enforcement. For guidance on interest on costs involving foreign currency, see Practice Note: Cross-border disputes—costs considerations......

Once the parties conclude that mediation is a suitable route to resolve their dispute, or where the court directs them to consider it, their solicitors will take responsibility for arranging and setting up the mediation. This Practice Note addresses identifying and selecting a mediator, outlining the steps to find and choose an appropriate candidate, including what to do if consensus cannot be reached. Ordinarily, the parties jointly, and by consent of all parties, agree on a mediator; if agreement on the appointment proves elusive, a neutral third party—such as an organisation delivering alternative dispute resolution ( ADR) services—may make the appointment on their behalf. Requirements may vary by the court handling your case, so be alert to any extra provisions—see: Court specific guidance. For details of mediator’s fees and other mediation expenses, see Practice Note: Mediation costs—liability and recovery. For an overview of the lawyer’s role in...

Statutory defence—section 58 The claimant bears the onus of proving a breach of section 41 of the Highways Act 1980 ( Hi A 1980), namely the duty to maintain the highway. If that breach is made out, the highway authority may invoke a statutory defence by showing it exercised such care as was reasonable, having regard to all the circumstances, to make the relevant part of the highway safe. For that defence, the burden of proof rests with the defendant accordingly......

Practice Note This Practice Note examines the court’s discretion to postpone a hearing under CPR 3.1(2)(b) and a party’s ability to seek such an adjournment. In particular, it identifies the five specific ‘ Fitzroy Robinson’ criteria the court will weigh when deciding whether to defer or bring forward a hearing, together with discussion of authorities in which the Fitzroy factors have been applied. It also addresses additional matters the court may take into account, including the timing of any adjournment request, and considers the ill-health of a party or witness and the medical evidence that must accompany an application advanced on that basis. For examples of court judgments illustrating the courts’ approach to applications to adjourn a trial, see Practice Note: —illustrative decisions. Depending on the court in which the proceedings are being conducted, the relevant court guide may contain further guidance that should be...

This Practice Note explores when a settlement agreement can be undone, covering questions of validity arising from capacity, mistake, illegality, fraud, so-called ‘sharp practice’, and duress. Challenging the validity of a settlement agreement If the soundness of a settlement embodied in a Tomlin order, or another consent final order, is disputed, and proceedings were already on foot before the settlement was reached, a party may apply within the extant proceedings to set aside the court order giving effect to the compromise under CPR 3.1(2)(p). That provision sits within the court’s general case management powers and allows the court to make whatever order is required for the proper management of the case and to promote the overriding objective. Under general principles of contract law, there are scenarios in which a settlement agreement is ineffective and can be set aside. Examples...

NOTE : On 2 December 2024, the Lord Chancellor confirmed a change to the discount rate, moving it to +0.5%. This +0.5% rate applies from 11 January 2025. Under Schedule A1 to the Damages Act 1996, further reviews must occur within five years of the conclusion of the prior review, which means the next review has to commence on or before 2 December 2029. Damages may be claimed for the period: from the date of death to the trial date — see Practice Notes: Quantifying damages for dependants—past losses—financial dependency Quantifying damages for dependants—past losses—services after the trial date, subject to any anticipated changes in the level of future dependency, eg the post-retirement period For cases prepared for a settlement meeting or...

This Practice Note reviews the position on fixed costs prior to 1 October 2023 under Part 45. It outlines the purpose of fixed costs and the range of claim types and cost categories to which they apply. Note that the enlargement of the fixed costs regime took effect on 1 October 2023. For all civil claims, apart from personal injury and disease, the extended fixed costs framework applies (unless a case is expressly excluded) where proceedings are issued on or after 1 October 2023. For personal injury matters the extended fixed costs regime applies to cases where the cause of action accrued on or after 1 October 2023, and for disease claims the extended fixed costs regime applies to cases where the letter of claim was dispatched on or after 1 October 2023. For more detail, see Practice Note: Fixed...

This Practice Note explains the key points to consider when preparing to file a defence to a claim issued under CPR 7. It addresses the defendant’s obligation to submit a defence, the applicable time limits (including potential extensions), and the implications of failing to file on time. It also highlights further points to bear in mind when lodging the defence where counterclaims or additional claims are pursued. For drafting support, see Practice Notes: Drafting the defence—formalities and Drafting the defence—drafting tips. For service requirements, see Practice Note: Serving the defence. This Practice Note guides the interpretation and application of the relevant provisions of the Civil Procedure Rules. Depending on the court hearing the matter, additional provisions may apply; for details, see: Court specific guidance. Requirement to file a defence Claims under CPR 7 A defendant must file a defence if they intend to contest all or part of the...