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PRACTICE NOTES
ARCHIVED: One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case law that affect their practice area, or, which impact civil litigation procedure generally. This Practice Note summarises the key appeal cases in England and Wales (ie decisions of the Court of Appeal and Supreme Court, and, where relevant, some judgments of the Court of Justice of the European Union (Court of Justice), which we have reported on, allowing users ease of access in finding those decisions, see: Key civil litigation appeals in review—2021. This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. In addition, this Practice Note covers a selection of forthcoming appeals, where known, to assist in horizon scanning. This content is not intended to provide an exhaustive list of all appeals and/or key decisions relevant to dispute resolution practitioners. Note: in relation to anonymity of natural litigants where a reference for a preliminary ruling is made to the Court of
PRACTICE NOTES
This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Key forthcoming appeals to the Supreme Court—2022 • summaries of the key appeal cases in England and Wales (ie decisions of the Court of Appeal and Supreme Court and, where relevant, some judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have reported; see: Key forthcoming appeal cases—2022 This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. This content is not intended to provide an exhaustive list of all appeals or key decisions relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Topics Case name and date of appeal, where known Details of appeal Further information/reading Tort
PRACTICE NOTES
ARCHIVED: This archived Practice Note contains key dispute resolution (DR) appeals or key appellate court decisions in the field of general civil litigation in England and Wales from 2023 to date and includes key forthcoming appeal cases (to assist in horizon scanning) alongside reported judgments handed down in the Supreme Court, Court of Appeal, Competition Appeal Tribunal, Judicial Committee of the Privy Council (the Privy Council), Court of Justice of the European Union (Court of Justice) and the European Court of Human Rights (ECtHR). Links are provided to the judgment and any bespoke News Analysis, to assist in understanding the principles considered in the judgments and the impact of the decisions. This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Dispute resolution: key appeal cases—2023—Key forthcoming appeals to the Supreme Court—2023 • summaries of the key appeal
PRACTICE NOTES
ARCHIVED: This archived Practice Note contains key dispute resolution (DR) appeals or key appellate court decisions in the field of general civil litigation in England and Wales from 2024 to date and includes key forthcoming appeal cases (to assist in horizon scanning) alongside reported judgments handed down in the Supreme Court, Court of Appeal, Competition Appeal Tribunal, Judicial Committee of the Privy Council (the Privy Council), Court of Justice of the European Union (Court of Justice), and the European Court of Human Rights (ECtHR). Links are provided to the judgment and any bespoke News Analysis, to assist in understanding the principles considered in the judgments and the impact of the decisions. It is not maintained and is for background information only. For information on key DR appeals from 2025 to date, see Practice Note: Dispute resolution: key appeal cases—2025 [Archived]. This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation
PRACTICE NOTES
ARCHIVED: this tracker is no longer maintained. The tracker for appeal cases in 2026 is here: Dispute resolution: key appeal cases—2026. This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Dispute resolution: key appeal cases—2025 [Archived]—Part 1: Key forthcoming appeals to the Supreme Court—2025 • summaries of the key appeal cases in England and Wales (ie decisions of the Court of Appeal and Supreme Court and, where relevant, some judgments of the Competition Appeal Tribunal (CAT), Judicial Committee of the Privy Council (JCPC), Court of Justice of the European Union), and ECtHR, which we have reported; see: Dispute resolution: key appeal cases—2025 [Archived]—Part 2: Key civil litigation appeals in review—2025 This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. This content
PRACTICE NOTES
This Practice Note comprises two elements intended to assist dispute resolution practitioners in keeping up to date with developments in case law that affect their practice area, or which impact civil litigation procedure generally: • selected forthcoming appeals to the Supreme Court are noted below; see Part 1: Key forthcoming appeals to the Supreme Court—2026 • summaries of the key appeal cases in England and Wales (ie decisions of the Court of Appeal and Supreme Court and, where relevant, some judgments of the Competition Appeal Tribunal (CAT), Judicial Committee of the Privy Council (JCPC), Court of Justice of the European Union), and ECtHR, which we have reported; see Part 2: Key civil litigation appeals in review—2026 This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. This content is not intended to provide an exhaustive list of all appeals or key decisions relevant to dispute resolution practitioners. Part 1: Key forthcoming appeals to the Supreme Court—2026 Topics Case name and date of appeal, where known Details
PRACTICE NOTES
On 31 January 2020, the United Kingdom (UK) ceased to be a member of the EU and EEA. This Practice Note introduces: • the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) regime (applicable under UK law until the end of the Brexit implementation period (11 pm UK time on 31 December 2020) and remaining applicable in the EEA—any references to EEA or EU states in this Practice Note should therefore be read to also include the UK until the end of that implementation period), and • the UK General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime (applicable under UK law from the end of the Brexit implementation period) Where there is no need to distinguish the two regimes, this Practice Note refers to both as the ‘GDPR’ for convenience. When considering the general processing of personal data, both the UK GDPR and the Data Protection Act 2018 (DPA 2018), as
PRACTICE NOTES
This Practice Note considers: • the General Data Protection Regulation (EU GDPR), Regulation (EU) 2016/679 regime • the UK version of the EU GDPR, which is part of UK law by virtue of the European Union (Withdrawal) Act 2018, and • the Data Protection Act 2018 (DPA 2018), which sits alongside the UK GDPR This Practice Note provides links through to resources in the area of data protection, being both the UK and EU GDPR regimes, DPA 2018 and other data protection provisions, which may be of use to dispute resolution practitioners when conducting litigation proceedings in England and Wales. Note: the UK was previously subject to EU general data protection requirements but this changed at the end of the Brexit implementation period, ie
PRACTICE NOTES
This Practice Note considers when it might be appropriate for there to be a split trial or trial of a preliminary issue, together with the circumstances in which the court is likely to grant such an application and how and when to make such an application. It should be read in conjunction with Practice Note: Dispute resolution—preliminary issues and split trials—key and illustrative decisions. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. What are the court’s powers to order a preliminary issue or split trial? The court has the power to order a separate trial or trials of specific issues, which could lead to a resolution of the whole claim or as a platform to settlement, with potential cost savings. There is no specific definition of a ‘preliminary issue’ or ‘split trial’ in the CPR but the court in Jinxin Inc v Aser
PRACTICE NOTES
This Practice Note details a number of key and illustrative decisions which consider the court’s approach to ordering a preliminary issue or split trial. It should be considered in conjunction with Practice Note: Dispute resolution—preliminary issues and split trials. Case details and analysis Issues considered Various Claimants Listed in the Schedules to the Claim Forms v Entain Plc [2026] EWHC 1622 (KB) At the first CMC in a large shareholder claim under FSMA 2000, ss 90 and 90A, the court considered the appropriate split between two trials, it being common ground that two trials would be necessary and that questions of quantification of loss would be determined in Trial Two. The parties also agreed that Trial One should determine all issues relating to the claimants' standing (save for the duration of the aftermarket) together with the ‘defendant-side issues’, which were: (a) all issues which directly relate to Entain's conduct, including the existence and extent of any misstatements, omissions and/or delay; (b) all matters relating to the knowledge of the ‘persons discharging
PRACTICE NOTES
This Practice Note provides an overview of the types of parties which may become involved (whether as claimant or defendant) in litigation in England and Wales, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, unincorporated associations, children, insolvent individuals or companies, groups, the estate of a deceased party and litigants in person. The need for a defendant In most circumstances a claim will not be properly constituted if there is not at least one party on each side, as the general business of the court is to determine disputes between parties (with certain exceptions, for example where the court is giving guidance to trustees and/or under CPR 8.2A which provides situations when it is possible to issue a claim form without naming defendants) (Re CWMNI Rheoli Pentref Marina Conwy Cyfynedig). What is the position where the claimant and defendant are the same party or controlled by the same individual? Where a person has more
PRACTICE NOTES
Conditions for making a bankruptcy order When hearing a bankruptcy petition and deciding whether a bankruptcy order should be made, the court needs to be satisfied that the conditions in section 271(1) of the Insolvency Act 1986 (IA 1986) are met. The key ingredients are that an unsecured debt, which forms the basis of the petition, is owed to the creditor, and the debtor has no reasonable prospect of being able to pay it. In Day v Refulgent (which concerned an appeal from the making of a bankruptcy order), it was held that where a freezing order had been obtained by a creditor in respect of the debtor, that did not mean that the debt due to the creditor was secured to prevent the creditor from seeking a bankruptcy order. For further reading on the Day v Refulgent decision, see News Analysis: Seeking adjournments at bankruptcy hearings. Where there are joint petitioning creditors, if at the time of the hearing of the bankruptcy petition only one of those petitioners seeks an immediate bankruptcy order (where,