# Civil Procedure Rules (CPR) - Key Provisions Guide

## Overview

The Civil Procedure Rules (CPR) govern practice and procedure in the Civil Division of the Court of Appeal, the High Court, and the County Court in England and Wales. The CPR came into force on 26 April 1999 following Lord Woolf's Access to Justice reforms, with the overriding objective of enabling courts to deal with cases justly and at proportionate cost.

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## 1. Overriding Objective (CPR Part 1)

### The Fundamental Principle

**CPR 1.1:** The overriding objective is to deal with cases justly and at proportionate cost.

**This includes:**
1. Ensuring parties are on equal footing
2. Saving expense
3. Dealing with cases proportionately to:
   - Amount of money involved
   - Importance of the case
   - Complexity of the issues
   - Financial position of each party
4. Ensuring cases are dealt with expeditiously and fairly
5. Allotting appropriate share of court resources
6. Enforcing compliance with rules, practice directions, and orders

### Duty of Parties

**CPR 1.3:** Parties must help the court further the overriding objective.

**Practical Implications:**
- Cooperation with opponents
- Compliance with court orders
- Proportionate conduct throughout
- Avoidance of technical points without merit

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## 2. Pre-Action Protocols

### Purpose

Pre-Action Protocols set out steps parties should take before commencing litigation. Non-compliance can result in cost sanctions.

### General Pre-Action Conduct (Practice Direction)

**For cases without specific protocol:**

1. **Letter Before Claim:**
   - Clear summary of facts
   - Basis of claim
   - Summary of financial loss
   - Documents relied upon
   - Proposed ADR

2. **Response:**
   - Within 14 days: acknowledge
   - Within reasonable time (typically 14-28 days): full response
   - Identify areas of agreement/disagreement
   - Alternative proposals

3. **Document Exchange:**
   - Key documents supporting case
   - Documents adversely affecting case

### Specific Pre-Action Protocols

| Protocol | Key Requirements | Response Time |
|----------|-----------------|---------------|
| Professional Negligence | Preliminary notice, letter of claim | 21 days acknowledgment, 3 months response |
| Construction & Engineering | Letter of claim with details | 14 days acknowledgment, 28 days response |
| Personal Injury | CNF forms, medical evidence | 21 days (PI), 30 days (RTA) |
| Judicial Review | Letter before claim | 14 days (urgency may vary) |
| Debt Claims | Letter before claim | 30 days response |
| Disease and Illness | Letter of claim, records | 21 days acknowledgment, 3 months response |
| Housing Disrepair | Letter of claim, inspection | 20 working days |
| Media and Communications | Notice of claim | Variable |

### Consequences of Non-Compliance

**Potential sanctions:**
- Stay of proceedings
- Adverse costs orders
- Costs on indemnity basis
- Disallowance of interest
- Court may consider at allocation, CMC, and costs assessment

---

## 3. Part 36 Offers to Settle

### Overview

Part 36 provides a formal mechanism for settlement offers with automatic cost consequences if the offer is not beaten at trial.

### Making a Part 36 Offer

**Form Requirements (CPR 36.5):**
- In writing
- State it is made pursuant to Part 36
- Specify period for acceptance (minimum 21 days)
- State whether relates to whole or part of claim
- State whether includes counterclaim
- State whether takes into account interim payment

### Acceptance of Part 36 Offer

**Within Relevant Period:**
- Automatic entitlement to costs up to acceptance
- Standard basis assessment
- No court permission required

**After Relevant Period:**
- Court permission required unless parties agree costs
- Court determines costs liability

### Cost Consequences at Trial

**If Claimant Fails to Beat Defendant's Offer (CPR 36.17(3)):**
- Claimant pays defendant's costs from end of relevant period
- Standard basis unless otherwise ordered

**If Claimant Beats Own Offer (CPR 36.17(4)):**
- Interest on damages at up to 10% above base rate
- Costs on indemnity basis from end of relevant period
- Interest on costs at up to 10% above base rate
- Additional amount (up to GBP 75,000 or 10% of damages)

**Example Calculation:**
```
Claimant offers to accept GBP 500,000
Trial award: GBP 600,000 (Claimant beats own offer)

Consequences (from relevant period end):
- Enhanced interest on GBP 600,000: base rate + 10%
- Costs on indemnity basis
- Interest on costs: base rate + 10%
- Additional amount: GBP 60,000 (10% of GBP 600,000)
```

### Tactical Considerations

**Claimants:**
- Consider offer early to maximize cost consequences
- Pitch offer realistically but firmly
- Review as case develops

**Defendants:**
- Make protective offers early
- Consider timing relative to disclosure/evidence
- Update offers as merits clarify

### Part 36 in Multi-Party Cases

- Offer may specify accepting defendants
- Apportionment may need to be addressed
- Joint offers possible with agreement

---

## 4. Key CPR Parts Summary

### Part 3: Case Management

**Court's Powers Include:**
- Extend/shorten time limits
- Adjourn/bring forward hearings
- Stay proceedings
- Strike out statements of case
- Unless orders (compliance deadlines with automatic sanctions)

**Relief from Sanctions (CPR 3.9):**

**Denton Test** (*Denton v TH White* [2014] EWCA Civ 906):
1. Was the breach serious or significant?
2. Was there good reason for the breach?
3. All circumstances, including need for litigation to be conducted efficiently and at proportionate cost, and enforcement of compliance

### Part 7: Starting Claims

**Claim Form Contents:**
- Concise statement of nature of claim
- Remedy sought
- Value of claim (if applicable)
- Statement of truth

**Service:**
- 4 months from issue (within jurisdiction)
- 6 months from issue (outside jurisdiction)
- Methods: personal, first class post, DX, fax, email (if permitted)

### Part 18: Further Information

- Request for clarification of statement of case
- Must be in writing
- Specify information sought
- Reasonable time for response (no less than 14 days)

### Part 20: Counterclaims and Additional Claims

- Counterclaim: defendant's claim against claimant
- Additional claim: claim against another party
- Contribution: seeking indemnity/contribution from third party
- Court permission may be required

### Part 23: Applications

**General Application Procedure:**
- Application notice (Form N244)
- Evidence in support
- 3 clear days notice (unless urgent)
- Hearing or paper determination

**Without Notice Applications:**
- Permitted for urgency or where notice would defeat purpose
- Full disclosure required
- Liberty to apply for discharge/variation

### Part 24: Summary Judgment

**Test:**
- Defendant has no real prospect of defending, OR
- Claimant has no real prospect of succeeding
- AND no other compelling reason for trial

**Standard:** Realistic as opposed to fanciful prospect

### Part 25: Interim Remedies

**Common Remedies:**
- Interim injunctions (freezing orders, search orders)
- Interim payments
- Security for costs
- Detention/preservation of property

**American Cyanamid Test (Injunctions):**
1. Serious question to be tried
2. Damages inadequate remedy
3. Balance of convenience
4. Status quo preservation
5. Special factors

### Part 31: Disclosure (Standard)

*Note: Disclosure Pilot (PD 51U) applies in Business and Property Courts*

**Standard Disclosure (where applicable):**
- Documents on which party relies
- Documents adversely affecting own case
- Documents adversely affecting other party's case
- Documents supporting other party's case

### Part 32: Evidence

**Witness Statements:**
- Must be verified by statement of truth
- Stand as evidence-in-chief
- Cross-examination on contents

**Hearsay Evidence:**
- Admissible (Civil Evidence Act 1995)
- Notice requirements
- Weight considerations

### Part 44-47: Costs

**General Rule (CPR 44.2):**
- Unsuccessful party pays successful party's costs
- Court has discretion

**Factors for Discretion:**
- Conduct of parties
- Success on issues
- Exaggerated claims
- Part 36 offers
- Payments into court

**Basis of Assessment:**
| Basis | Standard | Description |
|-------|----------|-------------|
| Standard | CPR 44.3(2) | Proportionate, reasonable costs allowed |
| Indemnity | CPR 44.3(3) | Doubt resolved in favor of receiving party |

**Qualified One-Way Costs Shifting (QOCS):**
Applies to PI claims - defendant generally cannot recover costs from claimant.

---

## 5. Costs Management and Budgeting

### When Required (CPR 3.12)

**Applies to:**
- Multi-track cases valued up to GBP 10 million
- Unless court orders otherwise

**Exempt:**
- Litigants in person
- Cases above GBP 10 million (unless ordered)
- Certain specialist proceedings

### Costs Budget (Precedent H)

**Phases:**
1. Pre-action
2. Issue/statements of case
3. CMC
4. Disclosure
5. Witness statements
6. Expert reports
7. PTR
8. Trial preparation
9. Trial
10. ADR
11. Contingencies

**Filing:**
- With DRD or 21 days before first CMC
- Updated precedent H if significant change
- Discussion between parties required

### Budget Agreement and Approval

**Parties Should:**
- File agreed budget discussion report (Precedent R)
- Identify agreed/disputed phases
- Justify disputed phases

**Court Approval:**
- Approves budget in total or by phase
- Does not approve incurred costs (only comments)
- Budget controls subsequent assessment

---

## 6. Appeals

### Permission to Appeal (CPR 52)

**Required for:**
- All appeals to Court of Appeal
- Most appeals from first instance

**Test:** Real prospect of success OR other compelling reason

**Time Limits:**
| Decision | Time Limit |
|----------|------------|
| Court order | 21 days from decision |
| Case management decision | 7 days (in some circumstances) |

### Appeal Routes

**General Route:**
- County Court -> High Court
- High Court -> Court of Appeal
- Court of Appeal -> Supreme Court

**Leapfrog Appeals:**
- Direct to Court of Appeal or Supreme Court
- Point of general public importance
- Judge grants certificate

### Powers of Appeal Court

- Affirm, set aside, or vary
- Refer back for redetermination
- Order new trial
- Make any order the lower court could have made

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## 7. Enforcement

### Part 70-74: Enforcement Methods

| Method | Application |
|--------|-------------|
| Writ of control/Warrant | Taking control of goods |
| Third party debt order | Bank accounts, debts owed |
| Charging order | Land, securities |
| Attachment of earnings | Employment income |
| Insolvency proceedings | Bankruptcy/winding up |

### Enforcement of Foreign Judgments

**Common Law:**
- Action on the judgment as a debt
- Recognition defenses (fraud, natural justice, public policy)

**Statutory:**
- Administration of Justice Act 1920 (Commonwealth)
- Foreign Judgments (Reciprocal Enforcement) Act 1933
- Hague Convention on Choice of Court Agreements

**Post-Brexit:**
- EU Judgments: Hague Convention or common law
- Recast Brussels Regulation no longer applies

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## 8. Recent CPR Amendments

### Fixed Recoverable Costs (FRC) Extension (2023)

- Extended to most civil claims up to GBP 100,000
- Intermediate track created (GBP 25,000-100,000)
- Four complexity bands
- Disbursements in addition

### Practice Direction Updates

**Key Recent Changes:**
- PD 51U (Disclosure Pilot): Extended and made permanent for Business and Property Courts
- PD 57AC: Trial witness statements
- Online Procedure Rules integration
- Remote hearings normalization

### Technology and Procedure

- CE-File mandatory for most High Court proceedings
- Electronic bundles standard
- Video hearings continue post-pandemic
- Digital disclosure and TAR provisions

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## 9. Key Deadlines Summary

| Action | Time Limit |
|--------|------------|
| Acknowledge service | 14 days from service |
| File defense | 14 days from POC (28 with acknowledgment) |
| Extension by agreement | Up to 28 days |
| Part 36 relevant period | Minimum 21 days |
| Summary judgment application | After acknowledgment |
| Appeal permission | 21 days from decision |
| Set aside default judgment | Promptly |
| Amend without permission | Before service |

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## 10. Essential CPR Resources

**Official Sources:**
- justice.gov.uk/courts/procedure-rules/civil
- CPR Practice Directions
- Court Forms

**Key Texts:**
- White Book (Civil Procedure)
- Blackstone's Civil Practice

**Updates:**
- Civil Procedure Rule Committee
- Practice Direction Updates (published periodically)

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*Last Updated: March 2026*
*Sources: Civil Procedure Rules, Practice Directions, Key Case Law*
*Disclaimer: This is a reference guide. Consult English-qualified solicitors for specific cases.*