Recommended wording


Greener Litigation’s Court Engagement working group has drafted some recommended wording for litigators to use when corresponding at the pre-action stage and that could be incorporated into draft directions orders at the CMC. These are made available for anyone, whether a Greener Litigation Pledge signatory or aspiring signatory, to adapt and use as they see fit in the conduct of litigation. This is intended for those conducting civil litigation in England and Wales under the Civil Procedure Rules; practitioners in other jurisdictions are encouraged to adopt an equivalent approach making such adaptations as required.

If you have any suggestions for other resources which might benefit the Greener Litigation community please contact us.

Recommended wording

It is in all the parties’ interests to conduct this dispute in a sustainable manner.*  Accordingly, where possible and appropriate, we intend to use secure electronic means for communication and correspondence [(for the avoidance of doubt, this intention does not constitute an agreement to accept service by email, which is dealt with separately)]; to use electronic bundles and to avoid unnecessary travel by the parties and their legal representatives. We would welcome your agreement to conducting this matter in this way or your views on how the parties could conduct this dispute in a sustainable manner.

*Footnote (optional) – [Please note that [Firm name] is a signatory to the Greener Litigation Pledge and we are committed to taking and promoting active and practical steps to reduce the environmental footprint and emissions arising from the disputes in which we are involved. [If your firm is not already a member of Greener Litigation, we encourage you to visit for more information, including the specific steps set out in the Pledge and to consider becoming a signatory.]

  1. 1. Sustainable conduct
    1. 1.1 The parties agree to have regard to the environmental impact of these proceedings and to take all reasonable steps to reduce the same. In particular, the parties agree that:
      1. 1.1.1 Service of documents in these proceedings shall be permitted and solely executed by email to addresses specified by the parties’ legal representatives as follows: [insert applicable email addresses];
      2. 1.1.2 Correspondence between the parties’ legal representatives will be solely via electronic means;
      3. 1.1.3 They and their legal representatives (solicitors and counsel) will endeavour to work from electronic documents (including bundles) as far as reasonable and encourage witnesses and instructed experts to do likewise. Where hard copy documents are required, these will be printed double sided and printing limited to the minimum required copies;
      4. 1.1.4 They will consider on a case by case basis whether any hearing (in whole or in part) could be appropriately heard remotely, and liaise with the Court accordingly, in sufficiently good time so as to ensure:
        1. all necessary preparations for a remote hearing are undertaken, including electronic bundle preparation and remote video platform arrangements; and
        2. any applications necessary to convert an in-person hearing to a remote hearing are made to the court;
      5. 1.1.5 They will consider the appropriateness of witness and expert evidence being given remotely for any hearing and/or trial; and
      6. 1.1.6 They and their legal representatives will seek to keep general travel relating to these proceedings to a minimum, including for any hearing and/or trial.