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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note This Practice Note explores the principal procedural steps for bringing a statutory derivative claim under sections 260–264 of the Companies Act 2006 ( CA 2006), covering the permission application and the test the court will apply. It offers guidance on construing and applying the relevant CPR provisions. Depending on the court dealing with your matter, you should also be alert to any additional requirements—see Court-specific guidance below. Practitioners should note that, with effect from 6 April 2023, the CPR provisions concerning derivative claims were amended. In particular, CPR 19 was updated and CPR PD 19C was amended and re-designated as CPR PD 19A. These changes did not materially alter the substance of the approach to derivative claims, but the numbering of the pertinent provisions was changed. Judgments issued before 6 April 2023 may therefore refer to the previous provisions and...
How do I file documents at court? In court procedure, “filing” has a particular meaning. Under CPR 2.3(1), it is “delivering a document or information, by post or otherwise, to the court office”. The method you use can differ depending on the court dealing with the claim. You can file documents in several ways: In electronic form, including: using CE- File electronic working (under CPR PD 5C), which is mandatory in some courts-see: Electronic filing using CE- File by email-see: Electronic filing using email through an online claims service-where a claim starts or continues online, filing will usually be via that service. For details, see Practice Note: Online dispute resolution and the digital justice system- Online County Court services for money claims In...
This Tracker This Tracker collates sample decisions that illuminate factors to weigh when considering whether to order alternative service on a defendant/respondent outside the jurisdiction. Please note that the service rules in Part 6 were extensively revised in 2008; earlier authorities may not reflect the current position and are therefore excluded. For examples relating to service within England and Wales, see Practice Note: Alternative service-illustrative decisions. This Tracker does not set out the core principles and should be read alongside the following Practice Notes: Alternative service-cross border considerations Alternative service-principles Alternative service-types of alternative service Serving court documents on persons unknown Alternative service-making an application For guidance on service in cross‑border matters, see Practice Note: Cross-border service-a guide for dispute resolution practitioners. That Practice Note refers to the following conventions: Hague Service Convention-for a copy of the...
Different examples of alternative service CPR PD 6A, para 9.3, lists various illustrations of alternative service. In the last few years, courts have adopted a broad array of such orders, reflecting growing dependence on technology; judges have permitted service via tools like airdrop, data rooms and social media channels in practice. These routes have also proved effective where unknown defendants are concerned. At times, one alternative method must be paired with another; for instance, an order permitting airdrop has stipulated delivery by email. Despite the expansion of different techniques, the central purpose of service remains unchanged: to bring the documents squarely to the attention of the person to be served. In many situations, email will be the most fitting route to achieve that aim. That proliferation should not distract from the fundamental objective of service, namely alerting the party to the...
This Practice Note considers the application and scope of the Contracts ( Applicable Law) Act 1990 ( C( AL) A 1990) This Practice Note explores how and to what extent the Contracts ( Applicable Law) Act 1990 ( C( AL) A 1990)-a tailored form of the Rome Convention on the law governing contractual obligations-operates. English courts (the courts of England and Wales) apply C( AL) A 1990 when selecting the governing law for contractual disputes arising from agreements concluded between 1 April 1991 and 16 December 2009. To confirm whether the regime in C( AL) A 1990 applies, see Practice Note: Applicable law-a guide for dispute resolution practitioners. This Practice Note draws on: The Official Report on the Rome Convention by Professors Giuliano and Lagarde (the Giuliano- Lagarde report). Section 3 of C( AL) A 1990 allows this report to be...
This Practice Note provides guidance on proprietary asset preservation injunctions (also known as proprietary injunctions and/or proprietary freezing injunctions), which operate to restrain a defendant from dealing with specific assets over which the claimant maintains a proprietary entitlement until the trial. It outlines how proprietary injunctions differ from freezing injunctions and identifies the applicable test. It further details the types and categories of claims in which a proprietary injunction may properly be pursued, and the circumstances in which such an order might be varied to allow the defendant to use the assets for subsistence and legal costs. Lastly, it addresses orders compelling disclosure of assets that can be traced. For a summary of a number of key and/or illustrative rulings concerning proprietary freezing injunctions, see Practice Notes: illustrative decisions key and illustrative decisions (pre- April 2025) [...
This Practice Note sets out how to construe and apply the CPR provisions that determine when a without-notice interim injunction may properly be sought. Depending on the court in which your case is being handled, you should also be alert to additional provisions-see further: Court specific guidance below. For wider guidance, see also the following Practice Notes: Injunctions-guiding principles Interim injunctions-on notice applications 6 April 2025 changes With effect from 6 April 2025, the CPR rules concerning interim injunctive relief were updated. In particular, CPR 25 was comprehensively revised and the related Practice Directions were revoked. The reforms were not intended to change the underlying law or day-to-day practice in a material way, but many provisions were renumbered and relocated. As a result, case law and commentary predating 6 April 2025 should be treated cautiously, as they cites the former...
This Practice Note, created with Phil Roberts of Clarke Willmott, sets out a case study exploring the various routes, at both pre-action and post action stages, to safeguard a would-be or actual judgment creditor in pursuing debt recovery—in this instance a footwear supplier. It outlines core principles around guarantees, retention of title provisions, and enforcement options including charging orders, taking control of goods, and third party debt orders, with signposts to related materials on each area. The case study Please note: all names in this case study are entirely invented and any resemblance to real individuals, businesses or companies is purely coincidental and unintended. Pollyanna Pride has supplied shoes to Mr Cobbler of Shoes It Is for nearly three years. Her products are unique soft leather designer boots. They typically sell strongly, despite a retail tag of £295 per pair. Pollyanna takes special pride that,...
Non-party costs orders This Practice Note sets out who a non-party costs order ( NPCO) can be made against and in what circumstances solicitors directors funders expert witnesses insurers litigation friends litigants in person liquidators political parties successful tenderers in public procurement disputes trade unions credit hire companies For details on solicitors, directors and funders, see Practice Notes: Non-party costs orders—solicitors; Non-party costs orders—company directors and shareholders; Non-party costs orders—funders Under section 51 of the Senior Courts Act 1981 ( SCA 1981), the court has a discretion regarding costs of and incidental to proceedings in the civil Court of Appeal, the High Court and the County Court, subject only to the further provisions in SCA 1981, s 51, any other enactment, or the CPR. For general guidance on NPCOs, see Practice Notes: Non-party costs orders—guidelines and Non-party costs orders—application Expert witnesses The court may, in appropriate cases, make an NPCO against an expert witness, although such orders remain...
ARCHIVED : This Practice Note is archived, no longer updated, and provided solely for background information...
This Practice Note outlines solicitors’ duties concerning disclosure owed to their client and the court. It also sets out the need to preserve documents, deliver the required disclosure and work with the opposing party, particularly on electronic disclosure (e‑disclosure). This Practice Note does not address the disclosure scheme used in the Business and Property Courts. For guidance, see: Disclosure Scheme ( Business & Property Courts)-overview. Obligations Throughout the disclosure stage you owe duties to your client, to the court and under other applicable provisions. These include, without limitation: advising your client of the need to preserve documents-see further: Preservation of documents ensuring your client complies with all relevant and applicable provisions and gives compliant disclosure-see further: Full disclosure co‑operating with the other side, specifically in relation to e‑disclosure and/or where the claim proceeds on the multi‑track and does not involve personal injury-see further:...
This Practice Note explores how far businesses established in England and Wales may stipulate that agreements with consumers located elsewhere in the UK are governed by, and/or fall within the courts of, England and Wales. It reviews the rules that select governing law and forum for both contractual and non-contractual liabilities in UK business-to-consumer ( B2C) arrangements. For these purposes, ‘consumer’ means an individual acting for reasons unconnected with their trade or profession. Brexit This Practice Note refers to retained EU law ( REUL) and related concepts introduced by the European Union ( Withdrawal) Act 2018 in the context of Brexit. From the end of 2023, REUL that continues in effect is termed ‘assimilated law’. Re-labelling REUL and linked terms as assimilated law signals a shift in status and treatment within UK law: it is, in general, read through ordinary domestic legal...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
This Practice Note summarises a range of illustrative Scottish court decisions concerning contractual disputes. Although every dispute requires examination on its own distinct factual and legal footing, appreciating how the principal legal rules operate within actual scenarios is helpful. For guidance on the well-established general principles relevant to interpretation and remedies for breach, see our E& W guidance: Contract interpretation-overview Contractual breach damages and remedies-overview For further material on Scottish civil litigation, consult our topic: Scottish dispute resolution, which signposts more detailed guidance. Case details and analysis BPL Contracts ( Scotland) Ltd v Beattie FRC Ltd 6 March 2026 | Court of Session, Outer House | [2026] CSOH 22 Nature of dispute The dispute stemmed from the Aberdeen Harbour expansion works. The defender acted as main contractor, with the pursuer engaged for two work packages: the Crown Wall works and the Pavement Slab works. Both...
Practice Note This Practice Note distils a selection of illustrative authorities on unfair prejudice petitions or claims. It aims to convey the breadth of fact patterns and questions that may emerge in such matters, with a particular emphasis on decisions from April 2025. For judgments predating this, see Practice Note: Unfair prejudice claims—key and illustrative decisions [ Archived]. For fuller guidance, consult the following Practice Notes: Unfair prejudice claim—what it is and when to use it Unfair prejudice claim—the procedure Case details and analysis Chancery Division ( Insolvency and Companies List) — Chambi v Aristodemou ( Re Guest Supplies) [2026] EWHC 599 ( Ch) Judgment date 20 March 2026 Case summary The dispute arose from the collapse of a 50/50 quasi‑partnership between two director‑shareholders. The trial followed earlier rulings in the action, including confirmation of Mr Chambi’s standing under section 994 of the Companies Act 2006 ( CA 2006) (see: [2024] EWHC 1610 (...
Practice Note on using artificial intelligence ( AI) when conducting court proceedings This Practice Note explores the use of artificial intelligence ( AI) in litigation and is intended for contentious practitioners—solicitors and barristers—appearing in the civil courts of England and Wales. Its principal audience is dispute resolution lawyers engaged in commercial matters; nevertheless, the issues discussed may likewise be pertinent to those practising in the Family and Criminal courts. Note: in February 2026, the Civil Justice Council ( CJC) published an interim report and consultation, Use of AI for Preparing Court Documents, inviting submissions from interested parties by 14 April 2026......
This practice note explains the use of witness statements by witnesses of fact in the Scottish courts, with reference to the relevant rules, guidance and case law, and offers practical drafting points. It does not deal with expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement— Scottish civil proceedings. For guidance on: issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and...
This Practice Note examines the doctrine of forum non conveniens, also known as the appropriate forum or the proper place for resolving a dispute. The doctrine is relevant to deciding whether the courts of England and Wales ( English courts) should hear a case and can be invoked across a range of applications. For related guidance on other elements of forum non conveniens, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners. Note: this Practice Note cites the following judgments: Privy Council decision in AK Investment CJSC v Kyrgyz Mobil Tel (2011). In some law reports, this is cited as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Supreme Court decision in Unwired Planet International Ltd v Huawei Technologies ( UK) Co Ltd and Conversant Wireless Licensing SARL v Huawei Technologies ( UK) Co Ltd (2020), referred to as Unwired Planet. The Court of...
This Practice Note explores the steps taken by an inexperienced advocate when preparing a skeleton argument in advance of a hearing in civil proceedings. It sets out the general requirements for this crucial document and highlights court‑specific guidance. It also considers who should review the draft before the skeleton argument is lodged at court. What is a skeleton argument? A ‘skeleton argument’ (referred to in this Practice Note as the ‘skeleton’) is written advocacy preceding and supporting oral submissions. As the label suggests, its role is to map out the arguments an advocate for a party intends to advance on the issues for decision at the hearing to which the skeleton relates. It is not a full treatment of every contention, nor a vehicle for extensive detail about the party’s case. Ordinarily, it will identify the issues, provide limited background sufficient for swift...
Expert determination is a form of alternative dispute resolution ( ADR). This Practice Note outlines expert determination for technical or contract interpretation disputes. It describes the process, addresses how the parties agree to select or appoint the expert, and considers the expert’s jurisdiction. It also covers the binding effect of the expert’s decision, as well as procedure, limitation and potential claims against experts. For general guidance on ADR and other options, see the following Practice Notes: What is ADR? Which form of ADR? What is expert determination? Expert determination is a binding mechanism where an independent expert in the relevant discipline decides a dispute between parties in accordance with provisions they have agreed. It is most often used where an existing agreement provides for referral of a particular issue to an expert. It is especially suited to technical disputes, such as: Rent...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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