Primary Legislation

Primary legislation is the main source of law which you will be required to study, and it should underpin most of your potential legal research in civil matters.

Practitioners must determine firstly whether the dispute is wholly or partly statutory in nature, rather than approach judicial authorities. The most popular ones likely encountered in civil litigation include the Limitation Act 1980, Law of Property Act 1925, Consumer Rights Act 2015, Companies Act 2006, Housing Act 1996, and many more acts dependent on the subject matter of the dispute.

Legal research is not a task where one exclusively relies on summaries or commentary. Having practiced primarily as a solicitor for over a decade, I like to think that practitioners should always have regard to the legislation itself in order to ensure that statutory provisions are interpreted literally and within their true legislative context.

Attention should also be given to commencement provisions, amendments and transitional arrangements, especially where provisions of legislation are materially changed.

Secondary Legislation

Many statutory regimes are supplemented by secondary legislation, including statutory instruments, regulations, orders and rules made pursuant to enabling Acts of Parliament.

Although sometimes overlooked, secondary legislation frequently contains detailed procedural requirements or technical obligations that directly affect litigation.

Examples include procedural regulations governing consumer protection, data protection, landlord and tenant obligations, planning law, employment rights and commercial activities.

Accordingly, effective legal research requires practitioners to determine not only whether primary legislation applies but also whether any subordinate legislation modifies, supplements or limits the statutory framework.

Civil Procedure Rules (CPR)

Where litigation is contemplated or already underway, the Civil Procedure Rules ("CPR") become an essential component of legal research.

The CPR regulate the conduct of civil proceedings in England and Wales and provide the procedural framework governing every stage of litigation, from commencement of proceedings through to enforcement of judgments.

Research should extend beyond identifying the relevant substantive law. Practitioners must also determine the procedural obligations applicable to the dispute, including:

• jurisdiction;
• limitation;
• allocation;
• service;
• disclosure;
• evidence;
• interim applications;
• costs;
• appeals; and
• enforcement.

Failure to comply with procedural requirements may expose parties to adverse costs orders, sanctions or, in some circumstances, the loss of substantive rights. Procedural research should therefore be undertaken alongside substantive legal analysis rather than treated as a separate exercise.

Civil Procedure Rules 1998, r 1.1 (The Overriding Objective).

Civil Procedure Rules 1998.

Civil Procedure Rules 1998, Practice Direction – Pre-Action Conduct and Protocols.

Civil Procedure Rules 1998, Practice Direction 7A (How to Start Proceedings).

Civil Procedure Rules 1998, Practice Direction 32 (Evidence).

Civil Procedure Rules 1998, Practice Direction 35 (Experts and Assessors).

Civil Procedure Rules 1998, Practice Direction 57AD (Disclosure in the Business and Property Courts).