Generate UK Litigation Hold Notice (PD57AD-aligned)
Skill: Assemble matter facts and custodians into a UK litigation hold notice
Region: United Kingdom Category: Legal / eDiscovery Does: Takes the matter facts and a custodian list and assembles a structured litigation hold (preservation) notice that directs custodians and IT to preserve relevant documents, aligned with the document-preservation duties under CPR PD57AD (Business & Property Courts) and PD31A. Spec: CPR PD57AD (Disclosure) / PD31A — duty to preserve documents; structured hold notice (custodian, trigger, in-scope data, IT instructions, acknowledgment)
A hold notice suspends routine deletion and instructs preservation once litigation is contemplated. Section names below follow standard hold-notice practice and the PD57AD preservation duty, not a prescribed form.
When this applies
- Litigation is contemplated or commenced in the Business & Property Courts (PD57AD) or other courts (PD31A duty to preserve).
- A party/legal team must instruct named custodians and IT to preserve potentially relevant documents and suspend auto-deletion.
- Re-issued/refreshed periodically; lifted only by a formal release notice.
Structure (matter + custodians → hold notice)
1. Header: matter name/ref, date issued, issued by (solicitor/in-house)
2. Trigger / background: nature of dispute, key dates, why preservation arises
3. Scope: in-scope subject matter, relevant date range, parties/topics
4. In-scope data types & sources:
email, documents, messaging (Teams/Slack/WhatsApp), shared drives,
cloud, mobile devices, databases, backups, physical documents
5. Custodian instructions: do not delete/alter; preserve in place
6. IT instructions: suspend auto-delete/retention purge, journaling,
hold backups, image leavers' devices
7. Acknowledgment: each custodian confirms receipt and compliance
8. Contact / questions; reminder of consequences (sanctions)
Data rules
- Trigger date — preservation duty arises when litigation is reasonably contemplated; the notice records the trigger and date.
- Scope — subject matter and date range defined to be reasonable and proportionate (CPR 31.7 / PD57AD principles).
- Custodians — each named individual/role listed; acknowledgments tracked.
- IT actions — explicit instruction to suspend routine destruction (retention policies, mailbox cleanup, backup rotation) for in-scope data.
- Audit trail — issue/acknowledgment/refresh/release dates retained to evidence compliance and defend against spoliation.
Worked example (outline)
Matter: Acme Ltd v Beta plc (BL-2026-000123), issued 2026-02-10 by Head of Legal
Trigger: letter before claim received 2026-02-05
Scope: supply contract dispute; date range 01/01/2023–present
Custodians: 6 (Sales Director, 2 account managers, finance, 2 IT)
Data: Exchange mailboxes, Teams chats, shared drive folder /Acme,
2 laptops, ERP order records
IT: suspend 90-day mailbox purge + backup rotation for custodians
Acknowledgments: tracked; refresh due 2026-08-10
Issued to all custodians and IT with acknowledgment tracking.
Validation checklist
- Trigger and issue date recorded
- Scope (subject matter + date range) defined and proportionate
- All custodians named with acknowledgment tracking
- Data types/sources itemised (incl. messaging, mobile, backups)
- Explicit IT instructions to suspend auto-deletion
- Consequences of non-compliance stated
- Refresh/release process and audit trail in place
Last updated: 2026-06-04 — confirm the current CPR PD57AD / PD31A preservation duties and practice against current authority (justice.gov.uk, CPR) guidance before use.