Legal Practice Notes

Parties to a ‘construction contract’ are entitled to refer any crystallised dispute to adjudication at any time. For further detail, see the following Practice Notes: Practice Notes The right to adjudicate Adjudication—is there a ‘dispute’? What is a construction contract under the HGCRA 1996? Where the right to adjudicate is available, the next step is to assess whether adjudication is a workable method of resolving the matter. There is a statutory 28‑day timetable for adjudication, which may render it unsuitable for very large or highly complex claims. This constraint can be alleviated if the parties agree to extend the period within which the decision must be issued, or if the referring party splits the case into more than one adjudication. Even so, if the claim cannot be fairly determined within the restricted timeframe, adjudication may not be the...

Case tracker on fundamental dishonesty This tracker reviews case law to date on fundamental dishonesty, chiefly regarding the court’s power to dismiss a claim under section 57 of the Criminal Justice and Courts Act 2015 ( CJCA 2015), and also the exception to qualified one-way costs shifting ( QOCS) under CPR 44.16. The decisions provide guidance on how the courts are construing fundamental dishonesty. Where available, links to judgments and/or commentary are included. This tracker should be read alongside the following Practice Notes: What is fundamental dishonesty? Personal injury claims and the Criminal Justice and Courts Act 2015 Qualified one-way costs shifting ( QOCS) Qualified one-way costs shifting ( QOCS)—case tracker No finding of fundamental dishonesty Case name and details Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 ( KB), King’s Bench Division, October...

The general rule for detailed assessment The standard position on when detailed assessment occurs is set out in CPR 47.1: the costs of any part of the case are not to be determined by detailed assessment until the case has concluded. This is chiefly to allow costs to be considered as a whole. However, as confirmed in Rawlinson & Hunter Trustees SA (in its capacity as trustee of the Tchenguiz Settlement) v ITG Ltd (2015), the court may depart from the default position and order assessment of costs at any stage of the proceedings. Such directions stipulate assessment “forthwith”, “immediately”, or similar, and are commonly described as “forthwith orders”, the term used in this Practice Note. Detailed assessment—where proceedings have not been concluded Even if the proceedings have not finished, detailed assessment may proceed where: the court has made an award of...

ARCHIVED: This archived Practice Note is no longer maintained and offered for background information only...

This Practice Note reviews the occupier’s duty of care towards individuals entering premises without consent, with principal reference to the Occupiers’ Liability Act 1984 ( OLA 1984). It outlines what amounts to an ‘unauthorised visitor’, identifies when duties can be triggered, the extent of those obligations, and when an occupier can avoid liability for injury caused by dangers arising from, or connected with, the condition of the premises. Background The Occupiers’ Liability Act 1957 ( OLA 1957) established a common duty of care owed by occupiers of premises. That duty was ‘common’ in that it applied to various categories of lawful, or authorised, visitors, such as invitees, licensees, and those whose right to be on the premises derived from a contract. Under OLA 1957, no duty was owed to unauthorised visitors or trespassers. The enactment of OLA 1984 introduced a new duty owed by...

ARCHIVED: This Practice Note is archived, is not maintained, and is supplied for background reference only. In addition, some links may no longer lead to the provisions as they stood at the time the guidance was published. For information on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Underlying documents The Civil Procedure ( Amendment) Rules 2016, SI 2016/234 sets out revisions to the Parts of the CPR. The Making Document, issued by the Ministry of Justice on Thursday 25 February 2016, details changes to the practice directions. Coming into force date February 2016 23 February 2016—amendments to CPR PD 12 concerning Default Judgment. These changes reflect last year’s commencement of the Hague Convention on the Choice of Court Agreements 23 February 2016—amendments to CPR PD 74A on Enforcement of judgments in different...

This Practice Note reviews the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (1965) (the Hague Service Convention). The convention applies between contracting parties and prescribes how service of documents should be effected. This Practice Note does not consider whether the court’s permission is needed to serve documents outside England and Wales ( England). For guidance, see Practice Notes: Cross-border service—a guide for dispute resolution practitioners and Cross-border service—is permission required to serve a defendant who is outside England and Wales? For an understanding of the convention, the Hague Convention on Private International Law ( HCCH) provides useful FAQs and a two-page outline. It also publishes a detailed Practical Handbook on the Operation of the Service Convention, which must be purchased. Note that the handbook has superseded the Explanatory Report on the Hague Service...

Inquests An inquest is an inquisitorial, non-adversarial procedure in which there are no ‘parties’; rather, individuals or organisations with an interest are notified about the investigation and are permitted to play a role. They are formally described as ‘properly interested persons’, often referred to as IPs (interested persons). The purpose of an inquest is to determine four statutory questions: who died, when they died, where they died, and how the death occurred. In the majority of inquests, it is the ‘how’ question that proves the most contentious issue. This note sets out some of the principal issues that can arise when preparing for an inquest. Useful guidance on approach to inquests is contained in the Chief Coroner’s Guidance for Coroners on the Bench (the Bench Guidance). The Bench Guidance is intended to be a ‘live’ document, subject to review and revision. It is said to be a...

ARCHIVED: This Practice Note is archived, is not being updated and is provided solely for background reference. In addition, certain links may no longer point to the provisions as they stood when the guidance was first issued. For details on earlier and/or later changes to the CPR, refer to: CPR updates—overview and Procedure Rule Committee minutes—overview. New Rolls Building electronic working pilot scheme ( CPR PD 51O) Date in force : Monday 16 November 2015 CPR PD 51O sets out a new, optional electronic working pilot that will commence on Monday 16 November 2015 for a period of one year. It extends to both fresh and ongoing cases within the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court ( TCC), the Mercantile Court and the Admiralty Court at the Royal Courts of Justice ( RCJ), Rolls Building,...

First meeting and early stages In cases of serious injury, it is crucial that the claimant practitioner meets the claimant and their family at the earliest opportunity. These first interactions may involve more than one visit. Wherever feasible, the practitioner should arrange to see the claimant and relatives in their home setting. This might not be achievable while the claimant remains in hospital or within a rehabilitation unit. Nevertheless, once the client has been discharged, it is beneficial for the practitioner to attend at their home and meet with them and their family there......

A. Orthopaedic Orthopaedic issues involve the framework of bones, muscles and ligaments. Typical assessments include: central nervous system review cranial nerve assessment cervical spine, noting tenderness or spasm flexion, both full and lateral rotation, checking for motor or sensory limb deficits deep tendon reflexes, e.g. biceps, triceps and supinators comparative limb measurements and circumferences general observation Vibration white finger ( VWF) VWF presents with two distinct elements: vascular (blanching) and neurological (numbness, tingling, reduced tactile discrimination and loss of dexterity). Standard investigations include: vibrotactile threshold testing—to evaluate mechanoreceptors sensing stretch, edges and texture at different frequencies thermal aesthesiometry—to determine thermal receptor thresholds Purdue Pegboard—a dexterity measure identifying loss of fine hand movement grip force measurement—assesses grip in both hands, indicating vibration damage to hand and forearm muscles vascular...

The Freedom of Information Act 2000 ( FIA 2000) grants a general public right to access information held by public authorities, requiring each authority to confirm if the requested material is held and, where it is, to supply that information. This access right is not unrestricted, and FIA 2000 contains several exemptions reflecting circumstances where disclosure could harm the proper functioning of the public sector. Legal professional privilege Legal professional privilege is a legal rule safeguarding communications connected to securing legal advice. There are two forms of legal professional privilege—legal advice privilege and litigation privilege. Legal advice privilege covers communications between a client and their lawyer that form part of the process of providing legal advice. This privilege applies regardless of any actual or contemplated court proceedings. By contrast, litigation privilege only arises when litigation is a reality or reasonably in prospect, and it extends beyond...

This Practice Note This Practice Note outlines the provisions of the Criminal Justice and Courts Act 2015 ( CJCA 2015) that are relevant to personal injury litigation. It addresses fundamental dishonesty and the prohibition on inducements to bring personal injury claims, including rules curbing incentives to make such claims. While CJCA 2015 principally sets out how offenders are managed before and after conviction and revises the offence concerning possession of extreme pornographic images, it also ranges over proceedings and the powers of courts and tribunal, as well as judicial review. The applicable parts of CJCA 2015 took effect on 13 April 2015. For those practising in personal injury and clinical negligence, the material provisions sit in Part 3, titled ‘ Courts and Tribunals’. CJCA 2015 modifies the common law approach to dishonesty within civil claims. Courts possess a power to strike out a claim in full as an...

This Practice Note sets out the principal obligations on experts and their instructing solicitors under the ‘ Guidance for the instruction of experts in civil claims’, effective from 1 December 2014. It provides direction on those key obligations while preserving the original intent and scope... This Practice Note should be considered in conjunction with: Practice Note: Instructing an expert Checklist—letter of instruction to expert precedent: Letter of instruction to own expert Note : ‘ Guidance’ means the Civil Justice Council’s Guidance for the instruction of experts in civil claims, which came into force on 1 December 2014... The focus of the Guidance is to ensure that: experts are engaged only when their evidence is necessary and required the appointed expert is the correct expert, suitably qualified to opine on the issues in dispute the expert is supplied with all...

Legal professional privilege ( LPP) This Practice Note examines legal professional privilege, which comprises legal advice privilege and litigation privilege. It sets out the criteria applicable to both categories, including the confidentiality of communications, the dominant purpose and legal context of the material over which privilege is claimed, and the identity of any recipients copied into the correspondence. It explains, for the purposes of asserting privilege, what is meant by client, legal adviser, legal advice and anticipated litigation. It also addresses recognised exceptions, notably the iniquity exception (where fraud or crime is in play), and situations where statute displaces privilege. The treatment of copy documents, and of documents that are collated, selected or extracted, together with translations, is considered. Practical pointers are provided. In this Note, legal professional privilege (often shortened to ‘privilege’) is used as a collective label for legal advice...

This Practice Note explores bringing proceedings for sums expressed in a foreign currency. It sets out the key case law on whether such claims are permissible and the method for advancing them, and also indicates how a defendant may contest a claim framed in a foreign currency. For guidance on: interest in foreign currency claims, see Practice Note—interest on damages claims and judgment debts costs in a foreign currency, see Practice Note: Cross-border disputes—costs considerations Why bring a claim in a foreign currency? Issuing a claim in a foreign currency can be advantageous to claimants, particularly where disputes involve complex international financial arrangements. Nevertheless, there are drawbacks to this approach, especially during periods of significant exchange-rate movement. The decision should therefore be weighed carefully in consultation with the client. in contractual claims where the contract denominates payments or accounts in a foreign...

Fraud in personal injury claims can cover a spectrum of conduct, from overstating particular heads of damage to wholly inventing an accident and the ensuing injuries and losses. The available remedies where dishonesty is in play have been radically altered by section 57 of the Criminal Justice and Courts Act 2015 ( CJCA 2015). This provision can permit defendants to have otherwise meritorious claims struck out, to remove the shield of qualified one-way costs shifting ( QOCS), and to invalidate a claimant’s legal expenses cover. See Practice Notes: Personal injury claims and the Criminal Justice and Courts Act 2015 and Qualified one-way costs shifting ( QOCS). Duties and responsibilities of parties and legal advisers Pleadings— CPR By virtue of CPR 16.5(2), if a defendant disputes an allegation in the particulars of claim, they must give their reasons; and where they propose a different account from the...

This Practice Note considers the application of the ( FLPA 1984). This Practice Note explores how the ( FLPA 1984) is applied. It outlines the default position that English law is not automatically engaged when fixing limitation periods in proceedings with an international dimension, and examines when and in what manner the FLPA 1984 operates in practice. It reviews the ruling in the Iraqi Civilian litigation and identifies exceptions that may arise under the FLPA 1984, including public policy and undue hardship exemptions. It also addresses section 8, which enables sections 1, 2 and 4 of the Act to be disapplied. The regime the English courts use to decide the applicable law turns on whether the claim is contractual or tortious, and on either the date the contract was concluded or the date of the harmful event. This area has been...

This Practice Note explores whether permission is needed to obtain a writ or warrant, how long such writs and warrants stay valid, and the ranking of issued writs and warrants. For guidance on specific writs and warrants, see Practice Notes: How to obtain a writ of control How to obtain a warrant of control How to obtain a writ of delivery How to obtain a warrant of delivery Writs of sequestration to enforce a judgment or order Enforcing a judgment or order for possession of land Do I need the court's permission to issue a writ or warrant? In general, you only require the court’s permission to issue a writ or warrant if one of the CPR 83.2(3) criteria is met, namely: six years or more have passed since the date of the judgment or order—for a summary of the...

This Practice Note offers guidance on how to interpret and apply the relevant provisions of the CPR. Depending on the court in which your case is proceeding, you should also be alert to any additional provisions—see further: Court specific guidance below. What is a writ of control? A writ of control is a High Court document directing a High Court Enforcement Officer ( HCEO) to use the Taking Control of Goods ( TCG) procedure. It authorises the HCEO to take control of a judgment debtor’s goods, sell them, and apply the sale proceeds towards any outstanding sum due under a money judgment. The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) is the primary legislation introducing the TCG regime—for guidance, see Practice Note: Finding your way through the Taking Control of Goods legislation. Writs of control are the modern counterpart to the former writs of fieri...