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Civil Procedure Rules

(CPR)

The rules governing procedure in civil court proceedings in England and Wales. In force since 1999, replacing the Rules of the Supreme Court. Set out everything from claim forms to enforcement of judgments. Continually updated by the Civil Procedure Rule Committee.

The CPR is divided into 89 Parts covering all aspects of civil litigation: Part 1 (overriding objective — just, proportionate handling), Part 7 (how to start proceedings), Part 36 (settlement offers), Part 44 (costs), Part 54 (judicial review), Part 55 (possession claims), Part 73 (charging orders), Part 75 (traffic enforcement). Detailed Practice Directions accompany each Part. Pre-Action Protocols for specific claim types apply before issue. The CPR is supplemented by separate procedural rules for the Family Court (Family Procedure Rules) and the Court of Protection (COP Rules 2017).

In practice, the CPR govern how a case is handled rather than whether you are right, and litigants in person get into difficulty because the procedural deadlines are enforced strictly. The overriding objective in Part 1 requires the court to deal with cases justly and at proportionate cost, and it imposes a duty on the parties to help it do so. That duty is real: courts routinely penalise a party who takes technical points, floods the other side with documents, or refuses to engage with settlement.

Worked example: Ivan brings a claim for £18,000 for defective building work. Because the value exceeds the small claims limit, it is allocated to the fast track, so costs shifting applies and he could be liable for the other side's costs if he loses. He completes the directions questionnaire, complies with disclosure by listing the documents that help and harm his case rather than only the helpful ones, exchanges witness statements by the deadline, and files his trial bundle on time. Midway through, the defendant makes a Part 36 offer of £12,000. Ivan must weigh it carefully: if he rejects it and recovers less at trial, he will normally pay the defendant's costs from the end of the offer period, which can exceed the sum in dispute.

The pitfalls are almost all avoidable. Missing a deadline requires an application for relief from sanctions, which is not granted as of right. Serving documents incorrectly can invalidate them, and service rules differ for companies and individuals. Allocation to a track determines how much you can recover in costs, so the value you claim has consequences beyond the claim itself. And the rules expect you to have complied with any pre-action protocol before issuing, so rushing to court can itself attract a costs sanction.

The CPR contain the pre-action protocols, govern the small claims track, set the framework for judicial review in Part 54, and expect parties to consider mediation. Read our guides to judicial review and alternative dispute resolution before issuing any claim.

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