Legal Practice Notes

Requirement to pay funds into court This Practice Note examines the obligation and process for paying monies into court once an order for security for costs has been made. It also addresses applications for payment out to a party, together with applications for any surplus to be applied in satisfaction of a judgment. The Note proceeds on the footing that the security for costs application was brought by the claimant. That said, the same principles equally apply in other contexts, for instance where the claimant applies against a counterclaiming defendant... This Practice Note sits within a suite of materials on issues concerning security for costs under CPR 25, with the other Practice Notes listed in Security for costs—overview. From 6 April 2025, amendments to CPR 25 took effect, re-numbering the former provisions and revising parts of the wording dealing with security for costs. Where...

The nature of the duty owed by bus drivers A bus driver owes the same duty to fellow road users, including passengers, as any other driver: to drive with the reasonable care and skill of a competent motorist. That competence must be evaluated in context, particularly for those operating buses, by reference to: the Highway Code the Driver and Vehicle Standards Agency's Official DVSA Guide to Driving Buses and Coaches Only with such a measured assessment of the duty of care can there be a meaningful decision on whether that duty has been breached. The County Court case of Kevin Graham v Go North East Limited (20 November 2017) (not reported by Lexis Nexis®) illustrates the delicate balance when applying this duty. A defendant bus driver collided with the claimant's vehicle at a crossroads controlled by traffic lights. He proceeded through a...

Road Traffic Act 1988—general provisions The obligation to hold motor insurance, and the scope of that protection, is contained in Part VI of the Road Traffic Act 1988 ( RTA 1988), titled ‘ Third- Party Liabilities’, covering sections 143–162. These provisions also define the entitlements of those injured to pursue claims against insurers. RTA 1988—relevant provisions Requirement to insure use of a motor vehicle RTA 1988, s 143 provides that no individual may use, or cause or allow the use of, a motor vehicle on a road or any other public place unless appropriate insurance exists for that vehicle’s use. The Motor Vehicles ( Compulsory Insurance) ( Miscellaneous Amendments) Regulations 2019, SI 2019/1047—effective from 1 November 2019—abolished securities and deposits as substitutes for motor insurance. However, under SI 2019/1047, reg 5, any deposit lodged or security provided before 1 November 2019 can remain valid until 1...

Practice Note This Practice Note explains the steps a respondent should take when served with an appellant’s notice of appeal in the County Court, the High Court or the Court of Appeal under CPR Part 52. It addresses preparing and filing a written statement answering an application for permission to appeal ( PTA) under paragraph 19 of Practice Direction 52C, identifies when a respondent’s notice is required, what it ought to include, whether amendments are permitted, and the deadlines for filing and service. It also reviews the circumstances in which an appeal notice may properly be struck out under Rule 52.9, alongside treatment of skeleton arguments and PTA issues. The Practice Note directs readers to the provisions contained in CPR 52 and CPR PD 52A, and indicates that those general provisions are stated to apply to: appeals to the Civil Division of the Court of...

Apportioning damages Although all dependants’ claims are issued together before the court, this occurs purely for procedural and administrative ease within litigation and case management. Each dependant pursues a distinct claim, so their losses must be assessed on an individual basis. As multipliers can differ according to the situations of both the deceased and the particular dependant, the suitable multiplier can therefore vary from one dependant to another. What stance will the court adopt? In most cases, generally, a fatal accident claim proceeds under both the Law Reform ( Miscellaneous Provisions) Act 1934 ( LR( MP) A 1934) and the Fatal Accidents Act 1976 ( FAA 1976)......

This case tracker This case tracker surveys the decisions handed down since the leading authority of Alcock v Chief Constable of Yorkshire Police in 1991. Later judgments broadened the notion of secondary victims and examined how far the courts would permit personal injury claims to be brought by such secondary victims. Yet the outcomes lacked consistency, generating uncertainty. The landmark Supreme Court ruling in Paul v Royal Wolverhampton NHS Trust has now brought clarity, having scrutinised in depth the earlier line of cases and standing as the controlling authority in this field. Certain decisions were expressly declared to have been wrongly determined; others were affirmed as reaching the correct result but for incorrect reasoning, and these have been highlighted. It is still uncertain how the jurisprudence will evolve concerning accidents within a clinical negligence setting. A secondary victim is an individual who suffers...

Responsibility for psychiatric harm partly turns on the character of the injuries sustained and the way they were incurred. Classifying the victim Where a claimant suffers both physical and psychiatric harm, even where the bodily injury is slight, they may recover damages in the ordinary way, subject to causation and related matters. In such circumstances there is no separate requirement to show that psychiatric harm was foreseeable if the physical injury itself was foreseeable. Difficulty arises where the claimant has psychiatric injury alone and is otherwise unhurt. For ‘pure’ psychiatric injury following an accident or event, the law distinguishes between: primary victims—see below secondary victims—see below Primary victims Primary victims are directly engaged in the incident and commonly—but not invariably—sustain physical as well as psychiatric injury. For further guidance, see Practice Note: Psychiatric injury—primary...

This Practice Note examines provisional assessment, a process introduced in the High Court and County Court in April 2013. It outlines what it involves and the circumstances in which it is used. It explains the applicable rules, how the assessment is undertaken, and what options are available if the parties wish to challenge the provisional assessment. It also considers appeals arising from decisions made following a request for an oral rehearing of issues determined on provisional assessment. For quick reference to the provisions engaged in provisional assessment proceedings, see: What rules apply for provisional assessment—checklist Documents required for provisional assessment—checklist What is it and when does it apply? What is it? Provisional assessment is the process by which the court assesses costs on the papers, without an oral hearing. The specific framework is set out in CPR 47.15. As the process is...

This Practice Note addresses securing extra time to serve the claim form. It reviews threshold issues, including whether the claim form is valid (under CPR 7.5 or as prescribed by statute). It also examines the effect of applying within or after the claim form’s validity window, the bases on which the court may allow more time, and any imitation considerations. An extension for service of the claim form is not a mere box‑ticking exercise. It highlights the difference between applying while the claim form remains valid and applying once validity has lapsed, and related procedural considerations. For guidance on: making an application, see Practice Note: Extending time for service of the claim form—making an application the alternative routes when faced with difficulties serving the claim form, see Practice Note: Difficulties with service of the claim...

Read this Practice Note alongside Practice Note: Civil restraint orders, which sets out general information on civil restraint orders ( CROs) that applies to all forms of CRO. For material on other orders available against vexatious litigants, also see the following Practice Notes: Limited civil restraint orders General civil restraint orders Civil proceedings orders against vexatious litigants What is an extended civil restraint order ( ECRO)? An extended civil restraint order ( ECRO) can be made where a party has persistently brought claims or lodged applications that are ‘totally without merit’ ( CPR PD 3C, para 3.1). It stops that party from issuing further applications or claims in specified courts relating to the matters in the present proceedings, unless prior permission of the court is obtained ( CPR PD 3C, para 3.2). The Court of Appeal has signalled that courts should be readier to grant...

Practice Note This Practice Note sets out how expert witnesses differ from expert advisers, outlines the key contrasts between these functions, weighs the pros and cons of engaging an expert adviser, and highlights the matters to address if that adviser is subsequently instructed to serve as an expert witness. It also addresses what an assessor is and the part they may play in certain proceedings. The Note gives guidance on elements of the court rules. Depending on the court dealing with your matter, you may need to consult the relevant court guides as well; see the section: Court specific guidance below......

This Practice Note This Practice Note explains the factors to carefully weigh when deciding whether expert evidence is necessary, and how to approach that assessment. It sets out why appropriate, relevant expertise—both of instructed experts and any proposed candidates—matters, and identifies the kinds of issues and disputes that may call for expert input, including questions of foreign law, as well as how to research and evaluate other categories of expert material. This Practice Note also gives guidance on interpreting and applying the pertinent provisions of the CPR. Depending on the court in which your case is progressing, you should be alert to any further and applicable requirements—see: Court specific guidance. This Practice Note should also be read alongside the following Practice Notes: Applying for permission to adduce expert evidence Duties of an expert When instructing experts, you are expected to have regard to: all...

This Practice Note sets out a summary of the Pre- Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims (the EL/ PL protocol), with a particular emphasis on Stage 1 of the process. For direction on the later phases, refer to Practice Note: EL/ PL claims in the portal—a practical guide ( Stage 2 onwards). The Portal Initially introduced on 30 April 2010 for road traffic accident ( RTA) matters, the Portal was broadened on 31 July 2013 to include Employers’ Liability ( EL) and Public Liability ( PL) claims. See Practice Note: The Pre- Action Protocol for Low Value Personal Injury ( Employers' Liability and Public Liability) Claims. The Portal is managed by Claims Portal Limited ( CPL), a not-for-profit organisation with a board of 17 non-executive directors, chaired by an independent chair. The board is evenly...

This Practice Note examines early neutral evaluation ( ENE), a type of alternative dispute resolution ( ADR). What is ENE? ENE involves the parties asking an impartial evaluator to provide a view on the strengths of the case or on discrete issues. Typically, the evaluator is a solicitor, barrister or subject-matter specialist. On occasion a judge may act in this role; see: Judicial ENE. As with other ADR processes, the structure is agreed by the parties, but it commonly features: a more interventionist approach than mediation; rather than shuttling between sides, the evaluator sets out, often in firm terms, their view of the probable result the evaluator’s view is usually not binding their assessment can provide a platform for later settlement discussions As the evaluator’s view is typically non-binding and frequently delivered without the full factual record that a trial would reveal, a party...

This Practice Note sets out general guidance on drafting statements of case. This Practice Note offers direction on preparing statements of case in general (covering particulars of claim, defences, and any replies or counterclaims), addressing what a statement of case (often called a pleading) ought to contain, appropriate length, and practical points to bear in mind when drafting. It also explains the length of such documents and offers practical suggestions to consider during drafting. Further pointers support effective preparation in practice. It gives overarching guidance on reading and applying the pertinent provisions of the Civil Procedure Rules ( CPR). Requirements may vary by the court handling your case, so be alert to any extra provisions—see: Court specific guidance. This Practice Note provides broad pointers for drafting statements of case. For detailed requirements on what a statement of case must include, tailored to the document type (claim form,...

NOTE: On 2 December 2024, the Lord Chancellor confirmed a change to a discount rate of positive 0.5%. That positive 0.5% rate takes effect on 11 January 2025. Under Schedule A1 of the Damages Act 1996, further reviews must occur within five years of the end of the last review, which means the next review is required to begin on or before 2 December 2029. This Practice Note delivers practical guidance on the key elements needed to produce a persuasive counter schedule of loss. It sets out the optimal approach for presenting the defendant’s response to the claimant’s schedule of loss. Frequently claimed heads of past and future loss are addressed, together with links to relevant case law. The claimant is expected to provide the defendant with a detailed itemisation of any past and future losses, backed by supporting...

What is litigation funding? Litigation funding—often termed litigation finance or third party funding—describes an arrangement whereby an independent funder pays some or all of the costs and legal outlay of bringing a claim. Although such backing may (and sometimes does) be provided on a gratuitous basis (eg through ‘crowd‑funding’ or by a benefactor), references to ‘litigation funding’ generally point to the for‑profit market in commercial litigation finance. This Practice Note concerns commercial litigation funding. Claimants commonly obtain finance to meet all disbursements and legal fees in line with a pre‑agreed budget set out in a funding agreement. Funding can, however, also be extended for discrete items, for example to cover one or several disbursements such as premia for after‑the‑event insurance ( ATE), experts, external counsel, or arbitration costs. Most frequently, third party finance is provided on a non‑recourse basis, meaning that: if the...

This Practice Note summarises the nature of an application for specific disclosure and highlights particular considerations that may arise depending on the court hearing the matter and the track to which the claim has been assigned, and addresses procedural points that commonly arise. It should be read alongside the following Practice Notes: Specific disclosure—making an application Specific disclosure—the courts’ approach Those Practice Notes provide procedural detail and discuss case law and related authorities on applications for specific disclosure. For general guidance on inspection, see: Specific disclosure and specific inspection—overview. Note: where a claim falls within the disclosure regime of the Business & Property Courts, see: Disclosure Scheme ( Business & Property Courts)—overview, as applicable, and the Practice Notes: Disclosure Scheme— Initial Disclosure and Disclosure Scheme—varying Extended Disclosure and disclosure of specific documents. What is specific...

This Practice Note offers direction on compiling a list of documents for standard disclosure under Part 31 of the Civil Procedure Rules ( CPR), together with CPR PD 31A and CPR PD 31B. It sets out how to finalise the list in detail, the various classes of documents that require disclosure, the approach to items no longer within a party’s control, how electronic material is dealt with, and what the disclosure statement must contain. This Practice Note does not seek to address claims falling within the disclosure scheme of the Business and Property Courts. For guidance on that scheme, see: Disclosure Scheme ( Business & Property Courts)—overview. For general advice on data protection duties in dispute resolution, refer to Practice Notes: Dispute resolution—data protection and GDPR considerations and Disclosure—data protection and GDPR considerations. This Practice Note provides guidance on the relevant...

ARCHIVED: This Practice Note has been archived and is not maintained This Practice Note provides practical guidance for carrying out a reasonable search for standard disclosure under CPR 31.7, addressing timing, the Electronic Documents Questionnaire ( EDQ), strategy, proportionality, and the importance of co-operation and collaboration. It also considers cost shifting—where the court may order that the costs of disclosure (or a specific component, such as restoration) are apportioned between the parties—so that some or all of the expense is borne by the other side. This Practice Note should be read alongside the following Practice Notes: Disclosure under CPR 31—introduction Disclosure—standard disclosure and the reasonable search Disclosure—processing documents This Practice Note does not address the disclosure scheme in the Business and Property Courts. For guidance, see: Disclosure Scheme ( Business & Property...