The term "directive" in the context of UK procedural law is not a single, unified category. It encompasses several distinct types of instrument, each with its own legal basis, issuing authority, and degree of binding force. Understanding the differences between these instruments is essential for practitioners, researchers, and anyone engaging with the courts. This guide sets out the main types.

Civil Procedure Rules Practice Directions

Practice directions supplementing the Civil Procedure Rules (CPR) are the most numerous and most frequently encountered type of procedural directive. The CPR, made under the Civil Procedure Act 1997, govern civil proceedings in the County Court and the High Court. Most CPR Parts are accompanied by one or more practice directions that provide the operational detail.

CPR practice directions cover every aspect of civil litigation: from the format of claim forms to the conduct of trials, from the requirements for witness statements to the procedures for enforcement of judgements. They 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.

The legal basis for CPR practice directions is section 5 of the Civil Procedure Act 1997, which provides that practice directions may be given with the approval of the Lord Chancellor. The constitutional position was further clarified by the Constitutional Reform Act 2005, which confirmed the Lord Chief Justice's power to issue directions on matters of court practice and procedure.

CPR practice directions have quasi-legislative effect: non-compliance can result in sanctions, costs orders, or procedural disadvantage. However, they cannot override or contradict the rules themselves. Where a practice direction and a rule conflict, the rule prevails.

Family Procedure Rules Practice Directions

The Family Procedure Rules 2010 (SI 2010/2955, as amended) govern proceedings in the Family Court and the family jurisdiction of the High Court. Like the CPR, the Family Procedure Rules are supplemented by practice directions.

Family practice directions are issued by the President of the Family Division. They cover matters specific to family proceedings: the conduct of financial remedy applications, the procedure for children proceedings, the handling of domestic abuse allegations, and the requirements for expert evidence in family cases.

The Family Procedure Rule Committee, established by the Matrimonial and Family Proceedings Act 1984 (as amended), is responsible for making and amending the rules. Practice directions supplement but do not replace the rules, following the same hierarchical principle as in civil proceedings.

Family practice directions are published alongside the Family Procedure Rules on the Ministry of Justice website. Some of the most important include: the practice direction on financial applications (which provides detailed requirements for financial disclosure), the practice direction on experts in family proceedings (which sets out when and how expert evidence may be used), and the practice direction on child arrangements (which covers the welfare checklist and the court's approach to contact and residence disputes).

Criminal Procedure Rules and Criminal Practice Directions

Criminal proceedings are governed by the Criminal Procedure Rules (SI 2020/759, as amended) and by the Criminal Practice Directions.

The Criminal Procedure Rules (CrimPR) are made by the Criminal Procedure Rule Committee, established by the Courts Act 2003. They apply to all criminal cases in magistrates' courts, the Crown Court, and (where relevant) the Court of Appeal Criminal Division.

The Criminal Practice Directions are issued by the Lord Chief Justice under powers conferred by the Courts Act 2003 and the Constitutional Reform Act 2005. They supplement the CrimPR in the same way that CPR practice directions supplement the CPR: providing detailed operational guidance on matters such as case management, trial procedure, listing priorities, the use of live links, and the handling of vulnerable witnesses.

Criminal Practice Directions are divided into numbered divisions, each corresponding to a subject area. They are consolidated and reissued periodically, with amendments published by the Lord Chief Justice through judicial circulars. The current consolidated version and all amendments are published on the Judiciary website.

A notable feature of the criminal jurisdiction is that practice directions tend to be more prescriptive than in civil proceedings. This reflects the seriousness of the subject matter and the need for consistency across a system handling over 1.5 million cases per year.

Tribunal Procedure Rules

Tribunals in England and Wales are governed by their own procedure rules, made under the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). The TCEA 2007 created a unified tribunal structure comprising the First-tier Tribunal and the Upper Tribunal, each divided into chambers.

The Tribunal Procedure Committee, established by TCEA 2007, makes the rules for each chamber. Each set of tribunal procedure rules is supplemented by practice directions issued by the Senior President of Tribunals or, in some cases, by the chamber president.

Tribunal practice directions tend to be shorter and more focused than their CPR equivalents. This reflects the tribunal ethos: tribunals are designed to be more accessible and less formal than courts, with an emphasis on enabling parties (many of whom are unrepresented) to present their cases without undue procedural complexity. Practice directions in the tribunal context typically address specific procedural points: filing requirements, the format of witness statements, time limits for particular steps, and the conduct of hearings.

Key tribunal procedure rules include: the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules, the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules, and the Tribunal Procedure (Upper Tribunal) Rules. Each is accompanied by its own set of practice directions.

Practice Guidance

Practice guidance is a distinct category from practice directions. It is issued by senior judges to provide guidance on how the court should approach particular types of case or procedural situation, but it does not have the same formal status as a practice direction.

Practice guidance is typically used where the judiciary wishes to signal its expectations or preferred approach without creating a mandatory procedural requirement. It may be issued in response to a particular problem (such as a recurring procedural failure in a particular type of case) or to set out best practice in a developing area of law.

Examples include guidance issued by the President of the Family Division on the use of interpreters in family proceedings, guidance on the listing of cases in particular courts, and guidance on the handling of applications for reporting restrictions.

The key distinction is that practice guidance is advisory rather than mandatory. Courts should have regard to it, and practitioners would be wise to follow it, but non-compliance does not carry the same risk of sanctions as non-compliance with a practice direction. That said, a court may take a dim view of a party that ignores published guidance without good reason.

Protocols

Pre-action protocols are a specific and important type of procedural directive within the civil justice system. They set out the steps parties should take before commencing court proceedings, with the aim of encouraging early settlement, narrowing the issues in dispute, and ensuring that litigation is a last resort.

There are specific pre-action protocols for particular types of claim: personal injury, clinical negligence, construction and engineering disputes, professional negligence, judicial review, debt claims, housing disrepair, possession claims by social landlords, and others. Where no specific protocol applies, parties should follow the general practice direction on pre-action conduct and protocols.

Failure to comply with a pre-action protocol does not prevent a party from issuing proceedings, but the court may impose costs sanctions or take non-compliance into account when making case management decisions. The court expects parties to exchange sufficient information to understand each other's position, to consider alternative dispute resolution (such as mediation), and to make genuine attempts to resolve the dispute before resorting to litigation.

Pre-action protocols are approved by the Civil Procedure Rule Committee and published alongside the CPR. They are reviewed periodically and updated to reflect changes in substantive law and court practice.

Practice Statements

Practice statements are a rare but constitutionally significant type of directive, used almost exclusively by the Supreme Court (and formerly by the House of Lords in its judicial capacity).

The most famous practice statement is the 1966 Practice Statement (Judicial Precedent) issued by Lord Gardiner LC on behalf of the Appellate Committee of the House of Lords. This statement declared that the House of Lords would depart from its own previous decisions when it appeared right to do so: a significant departure from the previous position that the highest court was bound by its own precedent.

Practice statements differ from practice directions in that they typically address matters of judicial policy or constitutional principle rather than procedural detail. They are used sparingly, and their force derives from the authority of the court that issues them rather than from any statutory basis.

The Supreme Court has issued practice directions of its own (governing the procedure for applications for permission to appeal, the format of written cases, and the conduct of hearings), but these are distinct from the broader constitutional practice statements.

Bench Books and Judicial College Guidance

Bench books are comprehensive reference guides produced by the Judicial College for the use of judges and magistrates. They are not practice directions and do not have binding force, but they are influential in shaping judicial decision-making and courtroom practice.

Key bench books include:

• The Equal Treatment Bench Book: guidance on avoiding bias and ensuring fair treatment of all court users, covering issues of disability, race, religion, gender, sexual orientation, and other protected characteristics. This is published and publicly available.
• The Crown Court Compendium: guidance for Crown Court judges on directing juries, including model directions on burden of proof, identification evidence, character evidence, and specific offences. Parts of the compendium are publicly available.
• Guidelines for magistrates: the Judicial College produces sentencing guidelines and procedural guidance specifically for lay magistrates, covering common offences and procedural situations.

Bench books are updated regularly to reflect changes in the law, emerging case law, and feedback from the judiciary. They represent the collective wisdom of the Judicial College and are a primary training resource for new judges and magistrates.

Although bench books do not create legal obligations, they are frequently cited in judgements and are treated as authoritative statements of best practice. A judge who departs from the guidance in a bench book without explanation may find that this is raised as a ground of appeal.

Comparing the Different Types

The key distinctions between these various types of directive can be summarised as follows:

• Practice directions (CPR, FPR, CrimPR, tribunal): formally issued under statutory authority, quasi-legislative effect, non-compliance may be sanctioned.
• Practice guidance: issued by senior judges, advisory rather than mandatory, courts should have regard to it.
• Pre-action protocols: approved by the CPRC, set out expected pre-litigation conduct, non-compliance may affect costs.
• Practice statements: rare, issued by the Supreme Court (or formerly the House of Lords), address matters of judicial policy or constitutional principle.
• Bench books: produced by the Judicial College for judicial use, not binding but highly influential, publicly available in some cases.

For practitioners, the practical implication is clear: practice directions must be followed. Practice guidance and protocols should be followed. Bench books inform the court's approach. Failure to engage with any of these instruments carries risk.

Further Reading

For the statutory framework underpinning practice directions, see our Key Legislation page. For a directory of official sources where practice directions are published, see the Directory. For frequently asked questions, see our FAQ.

For a searchable reference across all major practice direction topics, visit Directives.uk.