Civil Litigation cheat sheet

A claim is commenced by filing a claim form at court; the claim is not served until the court issues and serves it, and proceedings are only 'brought' when the claim form is issued.

Pre-action conduct: a claimant should send a letter of claim with a reasonable response period (commonly 14 days for straightforward debt, 30 days otherwise) before issuing; unreasonable failure can attract costs sanctions under the pre-action protocols.

The claim form must contain a concise statement of the nature of the claim and the remedy sought; particulars of claim must follow the claim form (served with it, or within 14 days after service of the claim form, and in any event before the claim form's service deadline expires).

Limitation: contract 6 years (12 for deeds); tort 6 years; personal injury 3 years from knowledge; defamation 1 year; recovery of land 12 years. Issue before expiry - service may follow later within its own validity period.

A claim form is valid for service for 4 months from the date of issue (6 months where served outside the jurisdiction); extension requires a court order applied for before expiry.

Particulars must plead material facts, not evidence; a party may plead a legal conclusion but must plead the facts supporting it, and must specifically plead fraud, misrepresentation, illegality, or undue influence.

Statements of case may be amended once before the first case management conference without permission (CPR 17.1); later amendment needs consent of all parties or court permission, and amendments take effect from the date of the original statement.

A defendant must acknowledge service (within 14 days of service of particulars) or file a defence within 14 days of service of particulars; filing an acknowledgment extends the defence deadline to 28 days.

Default judgment may be entered where the defendant fails to acknowledge or defend; it is unavailable against a child, a protected party, or in claims for delivery of goods, and the court may set it aside.

Methods of service: personal service (leaving with the individual), first-class post to the last known address, leaving at the permitted address, document exchange, fax or other electronic means only where the party has indicated such service is acceptable.

Deemed service: a claim form served by post is deemed served on the second business day after posting (first-class) - the deemed date, not the actual receipt date, starts the response clock.

Service out of the jurisdiction requires court permission unless a jurisdictional gateway applies (e.g. contract made or governed by English law, tort committed in the jurisdiction, necessary or proper party); the claimant must show a serious issue to be tried and that England is the proper place.

Forum non conveniens: the defendant may seek a stay on the ground that another forum is clearly more appropriate; the burden is on the defendant, and the court considers connecting factors and the interests of justice.

Jurisdiction under the recast Brussels Regulation/Re-Lugano: domicile of the defendant is the general ground; special grounds include place of performance of the contract and place of the harmful event in tort.

A defendant who contests jurisdiction must apply for a stay or set-aside promptly and must not take steps that amount to submission to the jurisdiction (filing a defence on the merits may be submission).

Substituted service may be ordered where there is a good reason (e.g. defendant evading service); the court specifies the method and the deemed date.

Service on a company: leave at the registered office, or send by post to the registered office; a director or officer may be served personally at the registered office.

A claim form served out of the jurisdiction must be served by a method permitted by the law of the receiving state or under the Hague Service Convention where applicable; the deemed-service rules do not apply automatically.

The overriding objective requires the court to deal with cases justly and at proportionate cost; active case management includes encouraging settlement, identifying issues early, and fixing timetables.

Case management conferences set directions: disclosure, expert evidence, witness statements, trial window; parties must file a directions questionnaire (usually within 14 days of notice) and a costs budget where the value exceeds the threshold.

A costs budget (Precedent H) must be filed and exchanged; failure to file a budget can result in the defaulting party recovering only court fees, and the approved budget becomes the costs cap unless varied.

Unless orders and peremptory orders: a party in breach of a rule, practice direction, or order may be required to comply within a stated time; failure can lead to the claim or defence being struck out.

An unless order is a conditional strike-out; if the condition is not met, the sanction takes effect automatically without further order, and relief from sanction requires an application under CPR 3.9.

Striking out is available where a statement of case discloses no reasonable grounds, is an abuse of process, or is likely to obstruct the just disposal of proceedings.

Summary judgment may be given where the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial; the test is the same for both.

Court fees and allocation: the small claims track generally applies to claims up to £10,000 (higher for personal injury); the fast track to £25,000; multi-track above that.

Pre-action protocols and the Practice Direction on Pre-Action Conduct govern the exchange of information and expert evidence before issue; compliance is a factor in costs.

Standard disclosure requires a party to disclose documents on which it relies, documents that adversely affect its own case or another party's case, and documents that support another party's case.

Disclosure extends to documents in the party's control, including those it has a right to inspect or obtain; documents held by an agent may be within control.

A party must make a reasonable search proportionate to the value and complexity of the claim; the search may be limited by agreement or court order.

A disclosure statement certifies the extent of the search and the disclosure given; a false disclosure statement can lead to contempt or costs sanctions.

Legal professional privilege covers advice privilege (confidential communications with a lawyer for legal advice) and litigation privilege (documents created for the dominant purpose of litigation); privileged documents are not disclosable.

Without-prejudice communications are inadmissible in relation to the dispute but may be admissible to show a settlement was reached or to establish estoppel.

A party may apply for specific disclosure or an unless order where disclosure is inadequate; non-compliance can lead to striking out the claim or defence.

Inspection follows disclosure: the disclosing party must permit inspection of listed documents, except where privilege or confidentiality justifies withholding; a right to inspect may be asserted by the other party.

Pre-action disclosure may be ordered where the applicant is likely to be a party and disclosure would assist in resolving the dispute or saving costs; Norwich Pharmacal orders compel a third party to disclose the identity of a wrongdoer.

Interim applications are made by application notice (Form N244) stating the order sought and the grounds; the application must be served on the other parties as soon as practicable and at least 3 clear days before the hearing unless the court orders otherwise.

An application must be supported by evidence (witness statement, affidavit, or statement of case) unless the court orders otherwise; the applicant must file a draft order with the application where practicable.

Interim injunctions: the American Cyanamid test - serious issue to be tried, damages an adequate remedy, and balance of convenience; the applicant must give a cross-undertaking in damages.

A freezing injunction restrains a party from dealing with assets and requires a real risk of dissipation; it is usually granted without notice and must be followed by a return date.

A search order permits entry and search of premises; it is granted only where necessary and proportionate, with safeguards including a supervising solicitor and a detailed schedule of items.

Security for costs may be ordered against a claimant who is resident outside the jurisdiction, is a company unable to pay, or where there is reason to believe the claimant will not satisfy an adverse costs order.

Interim payments may be ordered where the defendant admits liability or the claimant's case has a real prospect of success and the defendant has the means to pay; the amount must be a reasonable proportion of the likely damages.

An application to set aside a default judgment must be made promptly and must show a real prospect of successfully defending the claim or another good reason for setting it aside.

Appeals against interim orders generally lie to the court that made the order or to a higher court with permission; the time limit is usually 21 days from the order.

The burden of proof in civil proceedings is on the party asserting a fact; the standard is the balance of probabilities (more likely than not), with a heightened standard in some serious allegations such as fraud or contempt.

Witness statements stand as evidence in chief unless the court orders otherwise; a witness may be cross-examined on the statement, and the court may allow a party to amplify the statement with permission.

Hearsay is admissible in civil proceedings, but the court weighs it and may attach less weight; notice requirements apply where a party wishes to rely on hearsay in certain circumstances.

Expert evidence is admissible only with the court's permission; the expert's duty is to the court, not to the party instructing them, and experts must provide an independent opinion and a statement of truth.

The court may order a single joint expert or concurrent expert evidence ('hot tubbing'); expert reports must be exchanged and experts may be cross-examined at trial.

Privilege and public interest immunity can exclude otherwise relevant evidence; a party may claim privilege against self-incrimination in civil proceedings.

The court may draw adverse inferences from a party's failure to call a witness or to give evidence, and from non-compliance with disclosure obligations.

Trial is usually in public; the court may order a private hearing or anonymity where justice or the protection of a party requires it, and may restrict reporting.

Evidence obtained illegally or unfairly may be excluded at the court's discretion where its admission would have an adverse effect on the fairness of the proceedings.

A judgment takes effect from the date it is given unless the court orders otherwise; a money judgment carries interest at the judgment rate (currently 8% per annum) from the date of judgment.

The court may enter judgment for a sum to be determined later (interim payment on account), and may order payment by instalments; a party may apply to vary the instalment order.

Enforcement methods include a writ of control (High Court) or warrant of control (County Court), a third-party debt order, a charging order, an attachment of earnings order, and insolvency proceedings.

A charging order secures a judgment debt against the debtor's interest in land or securities; it must be registered and can lead to an order for sale.

A third-party debt order freezes and then transfers money owed to the debtor by a third party (e.g. a bank); it is made provisionally and then made final after a hearing.

A writ of control is enforced by an enforcement officer who may take control of goods; protected goods and exempt items cannot be taken, and the debtor may apply to suspend enforcement.

A judgment may be set aside where it was obtained by fraud, or where the court had no jurisdiction; a judgment debtor may also apply for a stay of execution pending appeal.

An order for specific performance or an injunction is enforceable by contempt proceedings; breach of an injunction can lead to committal or sequestration of assets.

Foreign judgments may be enforced under the common law (action on the judgment) or under statute (Administration of Justice Act 1920, Foreign Judgments (Reciprocal Enforcement) Act 1933); registration requires the judgment to be final and conclusive.

An appeal from a final decision of a County Court or High Court judge usually lies to the Court of Appeal (Civil Division) with permission; permission is sought from the lower court or the appeal court.

The time limit for filing an appellant's notice is 21 days from the date of the order or judgment appealed against; extension requires an application supported by evidence.

Permission to appeal is granted only where the appeal has a real prospect of success or there is some other compelling reason; the test is applied by the court, not the parties.

The appeal court reviews the decision below rather than rehearing the evidence; it will interfere with findings of fact only if they are plainly wrong or unsupported by evidence.

Fresh evidence on appeal is admitted only if it could not have been obtained with reasonable diligence for the original hearing, would probably have changed the result, and is credible.

A respondent may seek to uphold the judgment on different grounds without a cross-appeal (respondent's notice), provided the respondent gives notice within the time limit.

The appeal court may affirm, set aside, or vary the order, order a new trial, or remit the matter; it may also make a costs order reflecting the outcome.

A second appeal (from the Court of Appeal to the Supreme Court) requires permission and raises an arguable point of law of general public importance.

Post-judgment review may include an application to set aside a default judgment, an application to reopen a decision where a party did not attend, or an appeal out of time with permission.

The general rule is that the unsuccessful party pays the successful party's costs; the court has discretion and considers the conduct of the parties, the reasonableness of the claim, and any admissible offers to settle.

Costs may be assessed on the standard basis (only costs proportionate and reasonably incurred) or the indemnity basis (any doubt resolved in favour of the receiving party); indemnity costs are exceptional.

A Part 36 offer is a settlement offer with costs consequences: if a claimant beats its own offer, it recovers indemnity costs and enhanced interest; if a defendant beats its offer, the claimant suffers costs consequences.

A costs budget, once approved, caps recoverable costs unless the court varies it; a party that fails to file a budget may be limited to court fees.

Conditional fee agreements (CFAs) permit a success fee, but the success fee is generally not recoverable from the opponent in ordinary civil litigation; damages-based agreements (DBAs) are also regulated.

Legal expenses insurance and third-party funding are permitted; a funder may be liable for adverse costs, and the court may require security for costs from a funded party.

Solicitors owe duties to the court and to the client: confidentiality, avoiding conflicts of interest, and not misleading the court; a solicitor must not act where there is a conflict between clients.

A solicitor may not communicate directly with a party known to be represented without that representative's consent; this is a professional conduct rule, not merely a courtesy.

Costs orders can be made against non-parties (e.g. a funder or a director) in exceptional circumstances; the court must give the non-party an opportunity to be heard.

A claim is commenced by filing a claim form at court; the claim is not served until the court issues and serves it, and proceedings are only 'brought' when the claim form is issued.

Pre-action conduct: a claimant should send a letter of claim with a reasonable response period (commonly 14 days for straightforward debt, 30 days otherwise) before issuing; unreasonable failure can attract costs sanctions under the pre-action protocols.

The claim form must contain a concise statement of the nature of the claim and the remedy sought; particulars of claim must follow the claim form (served with it, or within 14 days after service of the claim form, and in any event before the claim form's service deadline expires).

Limitation: contract 6 years (12 for deeds); tort 6 years; personal injury 3 years from knowledge; defamation 1 year; recovery of land 12 years. Issue before expiry - service may follow later within its own validity period.

A claim form is valid for service for 4 months from the date of issue (6 months where served outside the jurisdiction); extension requires a court order applied for before expiry.

Particulars must plead material facts, not evidence; a party may plead a legal conclusion but must plead the facts supporting it, and must specifically plead fraud, misrepresentation, illegality, or undue influence.

Statements of case may be amended once before the first case management conference without permission (CPR 17.1); later amendment needs consent of all parties or court permission, and amendments take effect from the date of the original statement.

A defendant must acknowledge service (within 14 days of service of particulars) or file a defence within 14 days of service of particulars; filing an acknowledgment extends the defence deadline to 28 days.

Default judgment may be entered where the defendant fails to acknowledge or defend; it is unavailable against a child, a protected party, or in claims for delivery of goods, and the court may set it aside.

Methods of service: personal service (leaving with the individual), first-class post to the last known address, leaving at the permitted address, document exchange, fax or other electronic means only where the party has indicated such service is acceptable.

Deemed service: a claim form served by post is deemed served on the second business day after posting (first-class) - the deemed date, not the actual receipt date, starts the response clock.

Service out of the jurisdiction requires court permission unless a jurisdictional gateway applies (e.g. contract made or governed by English law, tort committed in the jurisdiction, necessary or proper party); the claimant must show a serious issue to be tried and that England is the proper place.

Forum non conveniens: the defendant may seek a stay on the ground that another forum is clearly more appropriate; the burden is on the defendant, and the court considers connecting factors and the interests of justice.

Jurisdiction under the recast Brussels Regulation/Re-Lugano: domicile of the defendant is the general ground; special grounds include place of performance of the contract and place of the harmful event in tort.

A defendant who contests jurisdiction must apply for a stay or set-aside promptly and must not take steps that amount to submission to the jurisdiction (filing a defence on the merits may be submission).

Substituted service may be ordered where there is a good reason (e.g. defendant evading service); the court specifies the method and the deemed date.

Service on a company: leave at the registered office, or send by post to the registered office; a director or officer may be served personally at the registered office.

A claim form served out of the jurisdiction must be served by a method permitted by the law of the receiving state or under the Hague Service Convention where applicable; the deemed-service rules do not apply automatically.

The overriding objective requires the court to deal with cases justly and at proportionate cost; active case management includes encouraging settlement, identifying issues early, and fixing timetables.

Case management conferences set directions: disclosure, expert evidence, witness statements, trial window; parties must file a directions questionnaire (usually within 14 days of notice) and a costs budget where the value exceeds the threshold.

A costs budget (Precedent H) must be filed and exchanged; failure to file a budget can result in the defaulting party recovering only court fees, and the approved budget becomes the costs cap unless varied.

Unless orders and peremptory orders: a party in breach of a rule, practice direction, or order may be required to comply within a stated time; failure can lead to the claim or defence being struck out.

An unless order is a conditional strike-out; if the condition is not met, the sanction takes effect automatically without further order, and relief from sanction requires an application under CPR 3.9.

Striking out is available where a statement of case discloses no reasonable grounds, is an abuse of process, or is likely to obstruct the just disposal of proceedings.

Summary judgment may be given where the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial; the test is the same for both.

Court fees and allocation: the small claims track generally applies to claims up to £10,000 (higher for personal injury); the fast track to £25,000; multi-track above that.

Pre-action protocols and the Practice Direction on Pre-Action Conduct govern the exchange of information and expert evidence before issue; compliance is a factor in costs.

Standard disclosure requires a party to disclose documents on which it relies, documents that adversely affect its own case or another party's case, and documents that support another party's case.

Disclosure extends to documents in the party's control, including those it has a right to inspect or obtain; documents held by an agent may be within control.

A party must make a reasonable search proportionate to the value and complexity of the claim; the search may be limited by agreement or court order.

A disclosure statement certifies the extent of the search and the disclosure given; a false disclosure statement can lead to contempt or costs sanctions.

Legal professional privilege covers advice privilege (confidential communications with a lawyer for legal advice) and litigation privilege (documents created for the dominant purpose of litigation); privileged documents are not disclosable.

Without-prejudice communications are inadmissible in relation to the dispute but may be admissible to show a settlement was reached or to establish estoppel.

A party may apply for specific disclosure or an unless order where disclosure is inadequate; non-compliance can lead to striking out the claim or defence.

Inspection follows disclosure: the disclosing party must permit inspection of listed documents, except where privilege or confidentiality justifies withholding; a right to inspect may be asserted by the other party.

Pre-action disclosure may be ordered where the applicant is likely to be a party and disclosure would assist in resolving the dispute or saving costs; Norwich Pharmacal orders compel a third party to disclose the identity of a wrongdoer.

Interim applications are made by application notice (Form N244) stating the order sought and the grounds; the application must be served on the other parties as soon as practicable and at least 3 clear days before the hearing unless the court orders otherwise.

An application must be supported by evidence (witness statement, affidavit, or statement of case) unless the court orders otherwise; the applicant must file a draft order with the application where practicable.

Interim injunctions: the American Cyanamid test - serious issue to be tried, damages an adequate remedy, and balance of convenience; the applicant must give a cross-undertaking in damages.

A freezing injunction restrains a party from dealing with assets and requires a real risk of dissipation; it is usually granted without notice and must be followed by a return date.

A search order permits entry and search of premises; it is granted only where necessary and proportionate, with safeguards including a supervising solicitor and a detailed schedule of items.

Security for costs may be ordered against a claimant who is resident outside the jurisdiction, is a company unable to pay, or where there is reason to believe the claimant will not satisfy an adverse costs order.

Interim payments may be ordered where the defendant admits liability or the claimant's case has a real prospect of success and the defendant has the means to pay; the amount must be a reasonable proportion of the likely damages.

An application to set aside a default judgment must be made promptly and must show a real prospect of successfully defending the claim or another good reason for setting it aside.

Appeals against interim orders generally lie to the court that made the order or to a higher court with permission; the time limit is usually 21 days from the order.

The burden of proof in civil proceedings is on the party asserting a fact; the standard is the balance of probabilities (more likely than not), with a heightened standard in some serious allegations such as fraud or contempt.

Witness statements stand as evidence in chief unless the court orders otherwise; a witness may be cross-examined on the statement, and the court may allow a party to amplify the statement with permission.

Hearsay is admissible in civil proceedings, but the court weighs it and may attach less weight; notice requirements apply where a party wishes to rely on hearsay in certain circumstances.

Expert evidence is admissible only with the court's permission; the expert's duty is to the court, not to the party instructing them, and experts must provide an independent opinion and a statement of truth.

The court may order a single joint expert or concurrent expert evidence ('hot tubbing'); expert reports must be exchanged and experts may be cross-examined at trial.

Privilege and public interest immunity can exclude otherwise relevant evidence; a party may claim privilege against self-incrimination in civil proceedings.

The court may draw adverse inferences from a party's failure to call a witness or to give evidence, and from non-compliance with disclosure obligations.

Trial is usually in public; the court may order a private hearing or anonymity where justice or the protection of a party requires it, and may restrict reporting.

Evidence obtained illegally or unfairly may be excluded at the court's discretion where its admission would have an adverse effect on the fairness of the proceedings.

A judgment takes effect from the date it is given unless the court orders otherwise; a money judgment carries interest at the judgment rate (currently 8% per annum) from the date of judgment.

The court may enter judgment for a sum to be determined later (interim payment on account), and may order payment by instalments; a party may apply to vary the instalment order.

Enforcement methods include a writ of control (High Court) or warrant of control (County Court), a third-party debt order, a charging order, an attachment of earnings order, and insolvency proceedings.

A charging order secures a judgment debt against the debtor's interest in land or securities; it must be registered and can lead to an order for sale.

A third-party debt order freezes and then transfers money owed to the debtor by a third party (e.g. a bank); it is made provisionally and then made final after a hearing.

A writ of control is enforced by an enforcement officer who may take control of goods; protected goods and exempt items cannot be taken, and the debtor may apply to suspend enforcement.

A judgment may be set aside where it was obtained by fraud, or where the court had no jurisdiction; a judgment debtor may also apply for a stay of execution pending appeal.

An order for specific performance or an injunction is enforceable by contempt proceedings; breach of an injunction can lead to committal or sequestration of assets.

Foreign judgments may be enforced under the common law (action on the judgment) or under statute (Administration of Justice Act 1920, Foreign Judgments (Reciprocal Enforcement) Act 1933); registration requires the judgment to be final and conclusive.

An appeal from a final decision of a County Court or High Court judge usually lies to the Court of Appeal (Civil Division) with permission; permission is sought from the lower court or the appeal court.

The time limit for filing an appellant's notice is 21 days from the date of the order or judgment appealed against; extension requires an application supported by evidence.

Permission to appeal is granted only where the appeal has a real prospect of success or there is some other compelling reason; the test is applied by the court, not the parties.

The appeal court reviews the decision below rather than rehearing the evidence; it will interfere with findings of fact only if they are plainly wrong or unsupported by evidence.

Fresh evidence on appeal is admitted only if it could not have been obtained with reasonable diligence for the original hearing, would probably have changed the result, and is credible.

A respondent may seek to uphold the judgment on different grounds without a cross-appeal (respondent's notice), provided the respondent gives notice within the time limit.

The appeal court may affirm, set aside, or vary the order, order a new trial, or remit the matter; it may also make a costs order reflecting the outcome.

A second appeal (from the Court of Appeal to the Supreme Court) requires permission and raises an arguable point of law of general public importance.

Post-judgment review may include an application to set aside a default judgment, an application to reopen a decision where a party did not attend, or an appeal out of time with permission.

The general rule is that the unsuccessful party pays the successful party's costs; the court has discretion and considers the conduct of the parties, the reasonableness of the claim, and any admissible offers to settle.

Costs may be assessed on the standard basis (only costs proportionate and reasonably incurred) or the indemnity basis (any doubt resolved in favour of the receiving party); indemnity costs are exceptional.

A Part 36 offer is a settlement offer with costs consequences: if a claimant beats its own offer, it recovers indemnity costs and enhanced interest; if a defendant beats its offer, the claimant suffers costs consequences.

A costs budget, once approved, caps recoverable costs unless the court varies it; a party that fails to file a budget may be limited to court fees.

Conditional fee agreements (CFAs) permit a success fee, but the success fee is generally not recoverable from the opponent in ordinary civil litigation; damages-based agreements (DBAs) are also regulated.

Legal expenses insurance and third-party funding are permitted; a funder may be liable for adverse costs, and the court may require security for costs from a funded party.

Solicitors owe duties to the court and to the client: confidentiality, avoiding conflicts of interest, and not misleading the court; a solicitor must not act where there is a conflict between clients.

A solicitor may not communicate directly with a party known to be represented without that representative's consent; this is a professional conduct rule, not merely a courtesy.

Costs orders can be made against non-parties (e.g. a funder or a director) in exceptional circumstances; the court must give the non-party an opportunity to be heard.

A claim is commenced by filing a claim form at court; the claim is not served until the court issues and serves it, and proceedings are only 'brought' when the claim form is issued.

Pre-action conduct: a claimant should send a letter of claim with a reasonable response period (commonly 14 days for straightforward debt, 30 days otherwise) before issuing; unreasonable failure can attract costs sanctions under the pre-action protocols.

The claim form must contain a concise statement of the nature of the claim and the remedy sought; particulars of claim must follow the claim form (served with it, or within 14 days after service of the claim form, and in any event before the claim form's service deadline expires).

Limitation: contract 6 years (12 for deeds); tort 6 years; personal injury 3 years from knowledge; defamation 1 year; recovery of land 12 years. Issue before expiry - service may follow later within its own validity period.

A claim form is valid for service for 4 months from the date of issue (6 months where served outside the jurisdiction); extension requires a court order applied for before expiry.

Particulars must plead material facts, not evidence; a party may plead a legal conclusion but must plead the facts supporting it, and must specifically plead fraud, misrepresentation, illegality, or undue influence.

Statements of case may be amended once before the first case management conference without permission (CPR 17.1); later amendment needs consent of all parties or court permission, and amendments take effect from the date of the original statement.

A defendant must acknowledge service (within 14 days of service of particulars) or file a defence within 14 days of service of particulars; filing an acknowledgment extends the defence deadline to 28 days.

Default judgment may be entered where the defendant fails to acknowledge or defend; it is unavailable against a child, a protected party, or in claims for delivery of goods, and the court may set it aside.

Methods of service: personal service (leaving with the individual), first-class post to the last known address, leaving at the permitted address, document exchange, fax or other electronic means only where the party has indicated such service is acceptable.

Deemed service: a claim form served by post is deemed served on the second business day after posting (first-class) - the deemed date, not the actual receipt date, starts the response clock.

Service out of the jurisdiction requires court permission unless a jurisdictional gateway applies (e.g. contract made or governed by English law, tort committed in the jurisdiction, necessary or proper party); the claimant must show a serious issue to be tried and that England is the proper place.

Forum non conveniens: the defendant may seek a stay on the ground that another forum is clearly more appropriate; the burden is on the defendant, and the court considers connecting factors and the interests of justice.

Jurisdiction under the recast Brussels Regulation/Re-Lugano: domicile of the defendant is the general ground; special grounds include place of performance of the contract and place of the harmful event in tort.

A defendant who contests jurisdiction must apply for a stay or set-aside promptly and must not take steps that amount to submission to the jurisdiction (filing a defence on the merits may be submission).

Substituted service may be ordered where there is a good reason (e.g. defendant evading service); the court specifies the method and the deemed date.

Service on a company: leave at the registered office, or send by post to the registered office; a director or officer may be served personally at the registered office.

A claim form served out of the jurisdiction must be served by a method permitted by the law of the receiving state or under the Hague Service Convention where applicable; the deemed-service rules do not apply automatically.

The overriding objective requires the court to deal with cases justly and at proportionate cost; active case management includes encouraging settlement, identifying issues early, and fixing timetables.

Case management conferences set directions: disclosure, expert evidence, witness statements, trial window; parties must file a directions questionnaire (usually within 14 days of notice) and a costs budget where the value exceeds the threshold.

A costs budget (Precedent H) must be filed and exchanged; failure to file a budget can result in the defaulting party recovering only court fees, and the approved budget becomes the costs cap unless varied.

Unless orders and peremptory orders: a party in breach of a rule, practice direction, or order may be required to comply within a stated time; failure can lead to the claim or defence being struck out.

An unless order is a conditional strike-out; if the condition is not met, the sanction takes effect automatically without further order, and relief from sanction requires an application under CPR 3.9.

Striking out is available where a statement of case discloses no reasonable grounds, is an abuse of process, or is likely to obstruct the just disposal of proceedings.

Summary judgment may be given where the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial; the test is the same for both.

Court fees and allocation: the small claims track generally applies to claims up to £10,000 (higher for personal injury); the fast track to £25,000; multi-track above that.

Pre-action protocols and the Practice Direction on Pre-Action Conduct govern the exchange of information and expert evidence before issue; compliance is a factor in costs.

Standard disclosure requires a party to disclose documents on which it relies, documents that adversely affect its own case or another party's case, and documents that support another party's case.

Disclosure extends to documents in the party's control, including those it has a right to inspect or obtain; documents held by an agent may be within control.

A party must make a reasonable search proportionate to the value and complexity of the claim; the search may be limited by agreement or court order.

A disclosure statement certifies the extent of the search and the disclosure given; a false disclosure statement can lead to contempt or costs sanctions.

Legal professional privilege covers advice privilege (confidential communications with a lawyer for legal advice) and litigation privilege (documents created for the dominant purpose of litigation); privileged documents are not disclosable.

Without-prejudice communications are inadmissible in relation to the dispute but may be admissible to show a settlement was reached or to establish estoppel.

A party may apply for specific disclosure or an unless order where disclosure is inadequate; non-compliance can lead to striking out the claim or defence.

Inspection follows disclosure: the disclosing party must permit inspection of listed documents, except where privilege or confidentiality justifies withholding; a right to inspect may be asserted by the other party.

Pre-action disclosure may be ordered where the applicant is likely to be a party and disclosure would assist in resolving the dispute or saving costs; Norwich Pharmacal orders compel a third party to disclose the identity of a wrongdoer.

Interim applications are made by application notice (Form N244) stating the order sought and the grounds; the application must be served on the other parties as soon as practicable and at least 3 clear days before the hearing unless the court orders otherwise.

An application must be supported by evidence (witness statement, affidavit, or statement of case) unless the court orders otherwise; the applicant must file a draft order with the application where practicable.

Interim injunctions: the American Cyanamid test - serious issue to be tried, damages an adequate remedy, and balance of convenience; the applicant must give a cross-undertaking in damages.

A freezing injunction restrains a party from dealing with assets and requires a real risk of dissipation; it is usually granted without notice and must be followed by a return date.

A search order permits entry and search of premises; it is granted only where necessary and proportionate, with safeguards including a supervising solicitor and a detailed schedule of items.

Security for costs may be ordered against a claimant who is resident outside the jurisdiction, is a company unable to pay, or where there is reason to believe the claimant will not satisfy an adverse costs order.

Interim payments may be ordered where the defendant admits liability or the claimant's case has a real prospect of success and the defendant has the means to pay; the amount must be a reasonable proportion of the likely damages.

An application to set aside a default judgment must be made promptly and must show a real prospect of successfully defending the claim or another good reason for setting it aside.

Appeals against interim orders generally lie to the court that made the order or to a higher court with permission; the time limit is usually 21 days from the order.

The burden of proof in civil proceedings is on the party asserting a fact; the standard is the balance of probabilities (more likely than not), with a heightened standard in some serious allegations such as fraud or contempt.

Witness statements stand as evidence in chief unless the court orders otherwise; a witness may be cross-examined on the statement, and the court may allow a party to amplify the statement with permission.

Hearsay is admissible in civil proceedings, but the court weighs it and may attach less weight; notice requirements apply where a party wishes to rely on hearsay in certain circumstances.

Expert evidence is admissible only with the court's permission; the expert's duty is to the court, not to the party instructing them, and experts must provide an independent opinion and a statement of truth.

The court may order a single joint expert or concurrent expert evidence ('hot tubbing'); expert reports must be exchanged and experts may be cross-examined at trial.

Privilege and public interest immunity can exclude otherwise relevant evidence; a party may claim privilege against self-incrimination in civil proceedings.

The court may draw adverse inferences from a party's failure to call a witness or to give evidence, and from non-compliance with disclosure obligations.

Trial is usually in public; the court may order a private hearing or anonymity where justice or the protection of a party requires it, and may restrict reporting.

Evidence obtained illegally or unfairly may be excluded at the court's discretion where its admission would have an adverse effect on the fairness of the proceedings.

A judgment takes effect from the date it is given unless the court orders otherwise; a money judgment carries interest at the judgment rate (currently 8% per annum) from the date of judgment.

The court may enter judgment for a sum to be determined later (interim payment on account), and may order payment by instalments; a party may apply to vary the instalment order.

Enforcement methods include a writ of control (High Court) or warrant of control (County Court), a third-party debt order, a charging order, an attachment of earnings order, and insolvency proceedings.

A charging order secures a judgment debt against the debtor's interest in land or securities; it must be registered and can lead to an order for sale.

A third-party debt order freezes and then transfers money owed to the debtor by a third party (e.g. a bank); it is made provisionally and then made final after a hearing.

A writ of control is enforced by an enforcement officer who may take control of goods; protected goods and exempt items cannot be taken, and the debtor may apply to suspend enforcement.

A judgment may be set aside where it was obtained by fraud, or where the court had no jurisdiction; a judgment debtor may also apply for a stay of execution pending appeal.

An order for specific performance or an injunction is enforceable by contempt proceedings; breach of an injunction can lead to committal or sequestration of assets.

Foreign judgments may be enforced under the common law (action on the judgment) or under statute (Administration of Justice Act 1920, Foreign Judgments (Reciprocal Enforcement) Act 1933); registration requires the judgment to be final and conclusive.

An appeal from a final decision of a County Court or High Court judge usually lies to the Court of Appeal (Civil Division) with permission; permission is sought from the lower court or the appeal court.

The time limit for filing an appellant's notice is 21 days from the date of the order or judgment appealed against; extension requires an application supported by evidence.

Permission to appeal is granted only where the appeal has a real prospect of success or there is some other compelling reason; the test is applied by the court, not the parties.

The appeal court reviews the decision below rather than rehearing the evidence; it will interfere with findings of fact only if they are plainly wrong or unsupported by evidence.

Fresh evidence on appeal is admitted only if it could not have been obtained with reasonable diligence for the original hearing, would probably have changed the result, and is credible.

A respondent may seek to uphold the judgment on different grounds without a cross-appeal (respondent's notice), provided the respondent gives notice within the time limit.

The appeal court may affirm, set aside, or vary the order, order a new trial, or remit the matter; it may also make a costs order reflecting the outcome.

A second appeal (from the Court of Appeal to the Supreme Court) requires permission and raises an arguable point of law of general public importance.

Post-judgment review may include an application to set aside a default judgment, an application to reopen a decision where a party did not attend, or an appeal out of time with permission.

The general rule is that the unsuccessful party pays the successful party's costs; the court has discretion and considers the conduct of the parties, the reasonableness of the claim, and any admissible offers to settle.

Costs may be assessed on the standard basis (only costs proportionate and reasonably incurred) or the indemnity basis (any doubt resolved in favour of the receiving party); indemnity costs are exceptional.

A Part 36 offer is a settlement offer with costs consequences: if a claimant beats its own offer, it recovers indemnity costs and enhanced interest; if a defendant beats its offer, the claimant suffers costs consequences.

A costs budget, once approved, caps recoverable costs unless the court varies it; a party that fails to file a budget may be limited to court fees.

Conditional fee agreements (CFAs) permit a success fee, but the success fee is generally not recoverable from the opponent in ordinary civil litigation; damages-based agreements (DBAs) are also regulated.

Legal expenses insurance and third-party funding are permitted; a funder may be liable for adverse costs, and the court may require security for costs from a funded party.

Solicitors owe duties to the court and to the client: confidentiality, avoiding conflicts of interest, and not misleading the court; a solicitor must not act where there is a conflict between clients.

A solicitor may not communicate directly with a party known to be represented without that representative's consent; this is a professional conduct rule, not merely a courtesy.

Costs orders can be made against non-parties (e.g. a funder or a director) in exceptional circumstances; the court must give the non-party an opportunity to be heard.

A claim is commenced by filing a claim form at court; the claim is not served until the court issues and serves it, and proceedings are only 'brought' when the claim form is issued.

Pre-action conduct: a claimant should send a letter of claim with a reasonable response period (commonly 14 days for straightforward debt, 30 days otherwise) before issuing; unreasonable failure can attract costs sanctions under the pre-action protocols.

The claim form must contain a concise statement of the nature of the claim and the remedy sought; particulars of claim must follow the claim form (served with it, or within 14 days after service of the claim form, and in any event before the claim form's service deadline expires).

Limitation: contract 6 years (12 for deeds); tort 6 years; personal injury 3 years from knowledge; defamation 1 year; recovery of land 12 years. Issue before expiry - service may follow later within its own validity period.

A claim form is valid for service for 4 months from the date of issue (6 months where served outside the jurisdiction); extension requires a court order applied for before expiry.

Particulars must plead material facts, not evidence; a party may plead a legal conclusion but must plead the facts supporting it, and must specifically plead fraud, misrepresentation, illegality, or undue influence.

Statements of case may be amended once before the first case management conference without permission (CPR 17.1); later amendment needs consent of all parties or court permission, and amendments take effect from the date of the original statement.

A defendant must acknowledge service (within 14 days of service of particulars) or file a defence within 14 days of service of particulars; filing an acknowledgment extends the defence deadline to 28 days.

Default judgment may be entered where the defendant fails to acknowledge or defend; it is unavailable against a child, a protected party, or in claims for delivery of goods, and the court may set it aside.

Methods of service: personal service (leaving with the individual), first-class post to the last known address, leaving at the permitted address, document exchange, fax or other electronic means only where the party has indicated such service is acceptable.

Deemed service: a claim form served by post is deemed served on the second business day after posting (first-class) - the deemed date, not the actual receipt date, starts the response clock.

Service out of the jurisdiction requires court permission unless a jurisdictional gateway applies (e.g. contract made or governed by English law, tort committed in the jurisdiction, necessary or proper party); the claimant must show a serious issue to be tried and that England is the proper place.

Forum non conveniens: the defendant may seek a stay on the ground that another forum is clearly more appropriate; the burden is on the defendant, and the court considers connecting factors and the interests of justice.

Jurisdiction under the recast Brussels Regulation/Re-Lugano: domicile of the defendant is the general ground; special grounds include place of performance of the contract and place of the harmful event in tort.

A defendant who contests jurisdiction must apply for a stay or set-aside promptly and must not take steps that amount to submission to the jurisdiction (filing a defence on the merits may be submission).

Substituted service may be ordered where there is a good reason (e.g. defendant evading service); the court specifies the method and the deemed date.

Service on a company: leave at the registered office, or send by post to the registered office; a director or officer may be served personally at the registered office.

A claim form served out of the jurisdiction must be served by a method permitted by the law of the receiving state or under the Hague Service Convention where applicable; the deemed-service rules do not apply automatically.

The overriding objective requires the court to deal with cases justly and at proportionate cost; active case management includes encouraging settlement, identifying issues early, and fixing timetables.

Case management conferences set directions: disclosure, expert evidence, witness statements, trial window; parties must file a directions questionnaire (usually within 14 days of notice) and a costs budget where the value exceeds the threshold.

A costs budget (Precedent H) must be filed and exchanged; failure to file a budget can result in the defaulting party recovering only court fees, and the approved budget becomes the costs cap unless varied.

Unless orders and peremptory orders: a party in breach of a rule, practice direction, or order may be required to comply within a stated time; failure can lead to the claim or defence being struck out.

An unless order is a conditional strike-out; if the condition is not met, the sanction takes effect automatically without further order, and relief from sanction requires an application under CPR 3.9.

Striking out is available where a statement of case discloses no reasonable grounds, is an abuse of process, or is likely to obstruct the just disposal of proceedings.

Summary judgment may be given where the claimant or defendant has no real prospect of succeeding and there is no other compelling reason for a trial; the test is the same for both.

Court fees and allocation: the small claims track generally applies to claims up to £10,000 (higher for personal injury); the fast track to £25,000; multi-track above that.

Pre-action protocols and the Practice Direction on Pre-Action Conduct govern the exchange of information and expert evidence before issue; compliance is a factor in costs.

Standard disclosure requires a party to disclose documents on which it relies, documents that adversely affect its own case or another party's case, and documents that support another party's case.

Disclosure extends to documents in the party's control, including those it has a right to inspect or obtain; documents held by an agent may be within control.

A party must make a reasonable search proportionate to the value and complexity of the claim; the search may be limited by agreement or court order.

A disclosure statement certifies the extent of the search and the disclosure given; a false disclosure statement can lead to contempt or costs sanctions.

Legal professional privilege covers advice privilege (confidential communications with a lawyer for legal advice) and litigation privilege (documents created for the dominant purpose of litigation); privileged documents are not disclosable.

Without-prejudice communications are inadmissible in relation to the dispute but may be admissible to show a settlement was reached or to establish estoppel.

A party may apply for specific disclosure or an unless order where disclosure is inadequate; non-compliance can lead to striking out the claim or defence.

Inspection follows disclosure: the disclosing party must permit inspection of listed documents, except where privilege or confidentiality justifies withholding; a right to inspect may be asserted by the other party.

Pre-action disclosure may be ordered where the applicant is likely to be a party and disclosure would assist in resolving the dispute or saving costs; Norwich Pharmacal orders compel a third party to disclose the identity of a wrongdoer.

Interim applications are made by application notice (Form N244) stating the order sought and the grounds; the application must be served on the other parties as soon as practicable and at least 3 clear days before the hearing unless the court orders otherwise.

An application must be supported by evidence (witness statement, affidavit, or statement of case) unless the court orders otherwise; the applicant must file a draft order with the application where practicable.

Interim injunctions: the American Cyanamid test - serious issue to be tried, damages an adequate remedy, and balance of convenience; the applicant must give a cross-undertaking in damages.

A freezing injunction restrains a party from dealing with assets and requires a real risk of dissipation; it is usually granted without notice and must be followed by a return date.

A search order permits entry and search of premises; it is granted only where necessary and proportionate, with safeguards including a supervising solicitor and a detailed schedule of items.

Security for costs may be ordered against a claimant who is resident outside the jurisdiction, is a company unable to pay, or where there is reason to believe the claimant will not satisfy an adverse costs order.

Interim payments may be ordered where the defendant admits liability or the claimant's case has a real prospect of success and the defendant has the means to pay; the amount must be a reasonable proportion of the likely damages.

An application to set aside a default judgment must be made promptly and must show a real prospect of successfully defending the claim or another good reason for setting it aside.

Appeals against interim orders generally lie to the court that made the order or to a higher court with permission; the time limit is usually 21 days from the order.

The burden of proof in civil proceedings is on the party asserting a fact; the standard is the balance of probabilities (more likely than not), with a heightened standard in some serious allegations such as fraud or contempt.

Witness statements stand as evidence in chief unless the court orders otherwise; a witness may be cross-examined on the statement, and the court may allow a party to amplify the statement with permission.

Hearsay is admissible in civil proceedings, but the court weighs it and may attach less weight; notice requirements apply where a party wishes to rely on hearsay in certain circumstances.

Expert evidence is admissible only with the court's permission; the expert's duty is to the court, not to the party instructing them, and experts must provide an independent opinion and a statement of truth.

The court may order a single joint expert or concurrent expert evidence ('hot tubbing'); expert reports must be exchanged and experts may be cross-examined at trial.

Privilege and public interest immunity can exclude otherwise relevant evidence; a party may claim privilege against self-incrimination in civil proceedings.

The court may draw adverse inferences from a party's failure to call a witness or to give evidence, and from non-compliance with disclosure obligations.

Trial is usually in public; the court may order a private hearing or anonymity where justice or the protection of a party requires it, and may restrict reporting.

Evidence obtained illegally or unfairly may be excluded at the court's discretion where its admission would have an adverse effect on the fairness of the proceedings.

A judgment takes effect from the date it is given unless the court orders otherwise; a money judgment carries interest at the judgment rate (currently 8% per annum) from the date of judgment.

The court may enter judgment for a sum to be determined later (interim payment on account), and may order payment by instalments; a party may apply to vary the instalment order.

Enforcement methods include a writ of control (High Court) or warrant of control (County Court), a third-party debt order, a charging order, an attachment of earnings order, and insolvency proceedings.

A charging order secures a judgment debt against the debtor's interest in land or securities; it must be registered and can lead to an order for sale.

A third-party debt order freezes and then transfers money owed to the debtor by a third party (e.g. a bank); it is made provisionally and then made final after a hearing.

A writ of control is enforced by an enforcement officer who may take control of goods; protected goods and exempt items cannot be taken, and the debtor may apply to suspend enforcement.

A judgment may be set aside where it was obtained by fraud, or where the court had no jurisdiction; a judgment debtor may also apply for a stay of execution pending appeal.

An order for specific performance or an injunction is enforceable by contempt proceedings; breach of an injunction can lead to committal or sequestration of assets.

Foreign judgments may be enforced under the common law (action on the judgment) or under statute (Administration of Justice Act 1920, Foreign Judgments (Reciprocal Enforcement) Act 1933); registration requires the judgment to be final and conclusive.

An appeal from a final decision of a County Court or High Court judge usually lies to the Court of Appeal (Civil Division) with permission; permission is sought from the lower court or the appeal court.

The time limit for filing an appellant's notice is 21 days from the date of the order or judgment appealed against; extension requires an application supported by evidence.

Permission to appeal is granted only where the appeal has a real prospect of success or there is some other compelling reason; the test is applied by the court, not the parties.

The appeal court reviews the decision below rather than rehearing the evidence; it will interfere with findings of fact only if they are plainly wrong or unsupported by evidence.

Fresh evidence on appeal is admitted only if it could not have been obtained with reasonable diligence for the original hearing, would probably have changed the result, and is credible.

A respondent may seek to uphold the judgment on different grounds without a cross-appeal (respondent's notice), provided the respondent gives notice within the time limit.

The appeal court may affirm, set aside, or vary the order, order a new trial, or remit the matter; it may also make a costs order reflecting the outcome.

A second appeal (from the Court of Appeal to the Supreme Court) requires permission and raises an arguable point of law of general public importance.

Post-judgment review may include an application to set aside a default judgment, an application to reopen a decision where a party did not attend, or an appeal out of time with permission.

The general rule is that the unsuccessful party pays the successful party's costs; the court has discretion and considers the conduct of the parties, the reasonableness of the claim, and any admissible offers to settle.

Costs may be assessed on the standard basis (only costs proportionate and reasonably incurred) or the indemnity basis (any doubt resolved in favour of the receiving party); indemnity costs are exceptional.

A Part 36 offer is a settlement offer with costs consequences: if a claimant beats its own offer, it recovers indemnity costs and enhanced interest; if a defendant beats its offer, the claimant suffers costs consequences.

A costs budget, once approved, caps recoverable costs unless the court varies it; a party that fails to file a budget may be limited to court fees.

Conditional fee agreements (CFAs) permit a success fee, but the success fee is generally not recoverable from the opponent in ordinary civil litigation; damages-based agreements (DBAs) are also regulated.

Legal expenses insurance and third-party funding are permitted; a funder may be liable for adverse costs, and the court may require security for costs from a funded party.

Solicitors owe duties to the court and to the client: confidentiality, avoiding conflicts of interest, and not misleading the court; a solicitor must not act where there is a conflict between clients.

A solicitor may not communicate directly with a party known to be represented without that representative's consent; this is a professional conduct rule, not merely a courtesy.

Costs orders can be made against non-parties (e.g. a funder or a director) in exceptional circumstances; the court must give the non-party an opportunity to be heard.