Frequently Asked Questions
Common questions about practice directions and procedural guidance
What is a practice direction?
A practice direction is supplementary procedural guidance that accompanies and expands on a rule of court. Practice directions provide the operational detail that the rules leave open: specifying forms, formats, content requirements, and procedural expectations. They are issued by senior judges (the Lord Chief Justice, heads of division, or the Senior President of Tribunals) and have quasi-legislative effect, meaning that non-compliance can result in sanctions.
Are practice directions legally binding?
Practice directions occupy a middle ground between binding law and mere guidance. They are not statutory instruments and are not laid before Parliament, but courts treat compliance with them as mandatory in practice. Non-compliance can result in costs orders, strike-out of documents, or other procedural sanctions. The Court of Appeal has described practice directions as having "quasi-legislative effect". However, a practice direction cannot override or contradict a rule of court: where there is a conflict, the rule prevails.
Where can I find the current practice directions?
Civil practice directions (supplementing the CPR) are published on the Ministry of Justice website at justice.gov.uk alongside the Civil Procedure Rules. Family practice directions are published in the same location alongside the Family Procedure Rules. Criminal Practice Directions are published on the Judiciary website at judiciary.uk. Tribunal practice directions are published on the Ministry of Justice website alongside the relevant tribunal procedure rules.
Who issues practice directions?
In the civil courts, practice directions are issued by the Lord Chief Justice, the Master of the Rolls, or other heads of division, with the approval of the Lord Chancellor where required. In the family courts, they are issued by the President of the Family Division. In criminal courts, they are issued by the Lord Chief Justice. In tribunals, they are issued by the Senior President of Tribunals or the relevant chamber president. The statutory basis varies by jurisdiction: the Civil Procedure Act 1997, the Courts Act 2003, and the Tribunals, Courts and Enforcement Act 2007 are the key enabling statutes.
What is the difference between a practice direction and a practice guidance note?
Practice directions have quasi-legislative effect and are issued under statutory authority. Non-compliance can be sanctioned by the court. Practice guidance notes are advisory: they set out the judiciary's preferred approach to a particular type of case or procedural situation, but they do not carry the same mandatory force. Courts should have regard to practice guidance, but departure from it does not automatically attract sanctions.
What happens if I do not comply with a practice direction?
The consequences depend on the nature and seriousness of the non-compliance. The court may impose costs sanctions (ordering the non-complying party to pay costs), strike out a statement of case or other document, refuse to consider evidence that has not been prepared in accordance with the practice direction, or adjourn proceedings to allow compliance. In serious cases, non-compliance may amount to a contempt of court, though this is rare.
How often are practice directions updated?
Practice directions are updated as needed, without a fixed schedule. CPR practice directions are typically updated alongside rule amendments, which occur several times per year through statutory instrument. Criminal Practice Directions are consolidated and reissued periodically by the Lord Chief Justice. Significant changes are announced through judicial circulars published on the Judiciary website. Practitioners should check the official sources regularly to ensure they are working from the current version.
What is a pre-action protocol?
A pre-action protocol is a specific type of procedural directive setting out the steps parties should take before commencing court proceedings. There are specific protocols for particular types of claim (personal injury, clinical negligence, debt claims, housing disrepair, and others), plus a general practice direction on pre-action conduct that applies where no specific protocol exists. Failure to follow a pre-action protocol does not prevent you from issuing proceedings, but the court may impose costs sanctions for non-compliance.
What is the Civil Procedure Rule Committee?
The Civil Procedure Rule Committee (CPRC) was established by the Civil Procedure Act 1997. It is responsible for making and amending the Civil Procedure Rules. The CPRC comprises judges, practising solicitors, practising barristers, and lay members. It meets regularly to consider proposed amendments and publishes its agendas and minutes. While the CPRC makes the rules, the power to issue practice directions is held by the Lord Chief Justice and other senior judges, subject to the approval of the Lord Chancellor.
Do practice directions apply in tribunals?
Yes. The First-tier Tribunal and the Upper Tribunal each have their own procedure rules, made by the Tribunal Procedure Committee under the Tribunals, Courts and Enforcement Act 2007. These rules are supplemented by practice directions issued by the Senior President of Tribunals or the relevant chamber president. Tribunal practice directions tend to be shorter and more focused than their CPR equivalents, reflecting the less formal tribunal environment.
What is a bench book?
A bench book is a comprehensive reference guide produced by the Judicial College for judges and magistrates. Key bench books include the Equal Treatment Bench Book (guidance on avoiding bias and ensuring fair treatment), the Crown Court Compendium (model jury directions and guidance for Crown Court judges), and various magistrates' court guidelines. Bench books are not practice directions and do not have binding force, but they are highly influential in shaping judicial decision-making.
Can a practice direction contradict a rule of court?
No. A practice direction cannot override, contradict, or extend a rule of court. Where there is a conflict between a practice direction and a rule, the rule prevails. This principle has been confirmed by the Court of Appeal and reflects the constitutional position that practice directions supplement the rules but do not replace them. The Civil Procedure Act 1997 makes clear that practice directions are subordinate to the rules made by the Civil Procedure Rule Committee.
Where can I find the Criminal Practice Directions?
The Criminal Practice Directions are published on the Judiciary website at judiciary.uk. They are issued by the Lord Chief Justice and supplement the Criminal Procedure Rules. The current consolidated version and all amendments are available in full. Major changes are announced through judicial circulars. The Criminal Procedure Rules themselves are available on the Ministry of Justice website at justice.gov.uk.
What is the 1966 Practice Statement?
The Practice Statement (Judicial Precedent) of 1966 was issued by Lord Gardiner LC on behalf of the Appellate Committee of the House of Lords. It declared that the House of Lords (now the Supreme Court) would depart from its own previous decisions when it appeared right to do so. This was constitutionally significant because it allowed the highest court to overrule its own precedent, ending the strict doctrine that the House of Lords was bound by its own previous decisions. It remains in effect for the Supreme Court.
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