What Are Practice Directions?

Practice directions are supplementary procedural guidance documents that sit alongside the formal rules of court. They do not create new law in the way that an Act of Parliament or a statutory instrument does. Instead, they amplify, explain, and supplement the procedural rules: providing the operational detail that the rules themselves leave open. Where a rule establishes a broad procedural framework, the accompanying practice direction fills in the specifics: which forms to use, what information to include, how documents should be formatted, and what the court expects in particular categories of case.

The term "practice direction" covers a wide range of instruments. Some are short and technical, dealing with a single procedural point. Others are substantial documents running to dozens of pages, effectively constituting a detailed procedural code for a particular type of proceeding. The practice direction on pre-action conduct and protocols, for example, sets out the steps parties are expected to take before commencing litigation: exchanging information, considering alternative dispute resolution, and narrowing the issues in dispute.

Legal Status

Practice directions occupy an unusual position in the legal hierarchy. They are not statutory instruments. They are not laid before Parliament and they are not subject to the same formal legislative process as regulations or orders. Yet they have substantial practical force: courts routinely treat compliance with practice directions as mandatory, and non-compliance can result in sanctions including costs orders, strike-out of statements of case, or refusal of relief.

The precise constitutional status of practice directions has been the subject of academic and judicial debate. The Court of Appeal has described them as having "quasi-legislative effect": they are not law in the strict sense, but they are far more than mere guidance. Parties and their legal representatives are expected to know and follow them. Judges will hold practitioners to account for non-compliance, particularly where a practice direction sets out mandatory requirements (using the word "must" rather than "should").

There is an important constitutional constraint: a practice direction cannot contradict or override a rule of court. Where there is a conflict between a practice direction and a rule, the rule prevails. Practice directions supplement the rules; they do not replace them. This principle was established clearly in the Civil Procedure Act 1997, which provides the statutory basis for the making of practice directions in civil proceedings.

Who Issues Practice Directions?

The power to issue practice directions is distributed across several senior judicial office holders, depending on the jurisdiction and court concerned.

In the civil courts, practice directions supplementing the Civil Procedure Rules (CPR) are issued with the approval of the Lord Chancellor and the Lord Chief Justice, as provided for by the Civil Procedure Act 1997. The Civil Procedure Rule Committee, established by that Act, has the power to make the rules themselves, but practice directions are formally issued by the heads of division (the Master of the Rolls, the President of the King's Bench Division, the Chancellor of the High Court, and the President of the Family Division) or by the Lord Chief Justice.

The Lord Chief Justice is the head of the judiciary of England and Wales and has a general power to issue practice directions for all courts. This power is confirmed by the Constitutional Reform Act 2005, which established the Lord Chief Justice's role as the president of the courts and the representative of the judiciary to Parliament and ministers. The Lord Chief Justice may delegate the power to issue practice directions to other senior judges.

In the family courts, practice directions supplement the Family Procedure Rules 2010 (SI 2010/2955). These are issued by the President of the Family Division.

In tribunals, the Senior President of Tribunals has the power to issue practice directions under the Tribunals, Courts and Enforcement Act 2007. The Tribunal Procedure Committee makes the tribunal procedure rules, and practice directions supplement those rules in the same way that CPR practice directions supplement the CPR.

The heads of division (the Master of the Rolls, the President of the King's Bench Division, the Chancellor of the High Court, and the President of the Family Division) each issue practice directions within their respective jurisdictions. A practice direction about commercial cases, for instance, would be issued by or under the authority of the judge in charge of the Commercial Court, with the approval of the Lord Chief Justice.

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, which govern civil litigation in the County Court and the High Court.

The CPRC comprises judges, practitioners (solicitors and barristers), and lay members. Its composition is designed to ensure that the rules reflect both judicial and practitioner experience. The committee meets regularly to consider proposed amendments to the rules and to review the operation of existing rules and practice directions.

While the CPRC makes the rules, the power to issue practice directions is separate. Practice directions do not require the same formal approval process as rule amendments. This distinction is deliberate: it allows practice directions to be updated more quickly than the rules themselves, responding to emerging procedural issues without the delay of a full rule-making cycle. However, it also means that practice directions receive less formal scrutiny than statutory instruments, which has been a point of criticism from some constitutional scholars.

The Relationship Between Rules and Practice Directions

The relationship between procedural rules and practice directions is hierarchical but complementary. The rules establish the framework: the overriding objective (to deal with cases justly and at proportionate cost), the procedural stages, the powers of the court, and the obligations of the parties. Practice directions then fill in the detail: specifying forms, deadlines, content requirements, and procedural expectations for particular types of proceeding.

For example, the CPR establishes that a claimant must file particulars of claim. The practice direction on statements of case then specifies what those particulars must contain, how they should be formatted, and what additional documents should accompany them in different types of case.

This two-tier structure has practical advantages. The rules provide stability and certainty: they change relatively infrequently and through a formal process. Practice directions provide flexibility: they can be updated to address new procedural challenges, incorporate judicial guidance, or reflect changes in court practice without amending the rules themselves.

The disadvantage is complexity. Practitioners must consult both the relevant rule and the accompanying practice direction (and sometimes multiple practice directions) to understand the full procedural requirements. The sheer volume of practice directions: running to thousands of pages across the CPR, Family Procedure Rules, Criminal Procedure Rules, and various tribunal procedure rules: can be daunting even for experienced lawyers.

Key Examples of Practice Directions

Some of the most important practice directions in civil proceedings include:

• The practice direction on pre-action conduct and protocols: sets out the steps parties should take before commencing proceedings, including the exchange of information, consideration of alternative dispute resolution, and compliance with any applicable pre-action protocol.
• The practice direction on statements of case: specifies the content and format requirements for claims, defences, and other statements of case.
• Practice directions on costs: the practice directions supplementing CPR Parts 44 to 48 deal with costs budgets, detailed assessment, summary assessment, and the basis on which costs are awarded.
• The practice direction on case management and directions questionnaires: governs how courts allocate cases to tracks and the information parties must provide to assist allocation.
• Practice directions on expert evidence: set out the duties of experts, the format of expert reports, and the requirements for single joint experts.
• The practice direction on electronic working: addresses the filing and service of documents by electronic means, the use of electronic bundles, and the conduct of remote hearings.

Constitutional Significance

The constitutional significance of practice directions should not be underestimated. They represent a form of judicial law-making: the judiciary determining the detailed rules by which its own courts operate. This raises questions about accountability and transparency, particularly given that practice directions are not subject to parliamentary scrutiny in the way that statutory instruments are.

The Constitutional Reform Act 2005 addressed some of these concerns by clarifying the respective roles of the Lord Chancellor and the Lord Chief Justice in relation to court rules and practice directions. The Lord Chancellor retains a role in approving certain practice directions (particularly those with resource implications for HMCTS), while the Lord Chief Justice and other senior judges retain the power to issue directions on matters of judicial practice and procedure.

In practice, the system works because practice directions are developed collaboratively: with input from judges, practitioners, court staff, and sometimes from public consultation. The Civil Procedure Rule Committee, the Family Procedure Rule Committee, and the Tribunal Procedure Committee all provide structured forums for this input.

Where to Find Practice Directions

The official source for civil practice directions is the Ministry of Justice website, where the CPR and all accompanying practice directions are published in full. Family practice directions are published alongside the Family Procedure Rules on the same site. Criminal practice directions are published on the Judiciary website.

New and amended practice directions are announced through judicial circulars and published on the Judiciary website. Major changes are typically accompanied by explanatory notes and, in some cases, by judicial speeches or guidance notes.

For a searchable legislation library covering the statutes that underpin practice directions, visit Directives.uk.