# Litigation Hold Notice > Download our Litigation Hold Notice template or generate a bespoke version tailored to your needs. Fast, editable, and fully compliant with English law. **Document type:** Litigation Hold Notice **Category:** Notices **Jurisdiction:** the UK **Governing law:** United States **Last updated:** 2026-06-16 ## What is a Litigation Hold Notice? A Litigation Hold Notice instructs employees and organisations to cease deleting or altering specific records because they may be required in forthcoming legal proceedings. When litigation appears likely, companies issue these notices to prevent anyone from destroying emails, files, or other information that could serve as evidence. The notice creates a legal obligation to preserve relevant materials and helps companies avoid serious sanctions for destroying evidence, particularly under the Civil Procedure Rules and the duty to make full and frank disclosure. It typically specifies which documents to retain, the duration of retention, and who must comply with these instructions. Many organisations use automated systems to enforce these holds across their digital records, from email servers to cloud storage and backup systems. ## When should you use a Litigation Hold Notice? Issue a Litigation Hold Notice immediately when your company becomes aware of potential legal proceedings or receives a legal complaint. This includes situations such as workplace accidents, discrimination claims, contract disputes, or when regulatory bodies such as the ICO, CMA, or FCA commence investigations. The key is acting promptly once you reasonably anticipate litigation. Distribute these notices when employees report serious incidents, following significant product failures, or after data breaches that may result in claims. Early distribution protects your organisation from allegations of destroying evidence. The courts expect to see evidence that you issued hold notices promptly after becoming aware of potential litigation, and failure to do so may result in adverse inferences under CPR Part 31. ## What are the different types of Litigation Hold Notice? - **Standard Hold Notice**: Basic version covering routine business records, emails, and digital files. Typically used for straightforward commercial disputes. - **Department-Specific Notice**: Tailored for specific teams such as IT, HR, or Finance, with detailed instructions about their unique record types and systems. - **Data-Focused Notice**: Specialised version for preserving electronic evidence, databases, and digital communications, often used in cybersecurity or data protection cases. - **Enterprise-Wide Notice**: Comprehensive version covering multiple locations, departments, and subsidiary companies for complex corporate litigation. - **Third-Party Notice**: Modified format for suppliers, contractors, or business partners who may hold relevant evidence. ## Who should typically use a Litigation Hold Notice? - **Legal Department**: Creates and manages the hold notice process, determines scope, and advises on compliance requirements under the Civil Procedure Rules. - **IT Teams**: Implement technical preservation measures across digital systems and help identify relevant data sources and storage locations. - **Department Managers**: Ensure their teams understand and comply with hold requirements, report potential breaches. - **Employees**: Must preserve specified documents and data once notified, regardless of their role or department. - **Records Management Staff**: Suspend normal deletion schedules and help coordinate preservation efforts across systems. - **External Solicitors**: Often review hold notices and advise on scope, distribution strategy, and compliance with disclosure obligations. ## How do you write a Litigation Hold Notice? - **Identify Scope**: List all relevant documents, data types, and systems that require preservation, considering both paper and electronic records. - **Map Key Stakeholders**: Document which employees, departments, and third parties possess relevant information. - **Define Timeframe**: Establish the date range for preservation, including both historical and ongoing records. - **Draft Instructions**: Create clear guidance for preserving different record types, from emails to physical documents and metadata. - **Review Systems**: Check automated deletion policies, backup schedules, and archive processes that need modification or suspension. - **Distribution Plan**: Create recipient list and tracking system to confirm notice delivery, receipt, and acknowledgment. ## What should be included in a Litigation Hold Notice? - **Hold Description**: Clear statement explaining the legal obligation to preserve evidence under the Civil Procedure Rules and the reason for the hold. - **Scope Definition**: Detailed list of documents, data types, and information that must be preserved, including metadata where relevant. - **Time Period**: Specific start date and duration of the hold requirement, or reference to court orders where applicable. - **Preservation Instructions**: Step-by-step guidance on how to maintain different record types and suspend normal deletion procedures. - **Acknowledgment Section**: Space for recipients to confirm receipt and understanding of their obligations. - **Contact Information**: Designated person or department for queries regarding compliance. - **Consequences Statement**: Description of potential sanctions for non-compliance, including adverse inferences and costs orders. ## What's the difference between a Litigation Hold Notice and a Notice of Default? A Litigation Hold Notice differs significantly from a Notice of Default in both purpose and timing. Whilst both documents serve as formal notifications, they address different legal situations and trigger distinct obligations. - **Purpose**: A Litigation Hold Notice preserves evidence for potential legal proceedings, whilst a Notice of Default alerts parties about breach of contract or missed obligations. - **Timing**: Hold notices are preventive and issued before or during litigation; default notices typically follow after a breach has occurred. - **Scope**: Hold notices apply broadly to all relevant documents and data; default notices focus specifically on the breached terms or missed payments. - **Recipients**: Hold notices go to everyone who might possess relevant information; default notices target only the party in default. - **Legal Effect**: Hold notices create preservation duties under the Civil Procedure Rules; default notices often commence cure periods or termination procedures under contract law. --- This is the Markdown representation of [https://www.genieai.co/en-gb/template-type/litigation-hold-notice](https://www.genieai.co/en-gb/template-type/litigation-hold-notice), provided for AI agents and crawlers. 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