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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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ARCHIVED: This Practice Note is archived and is no longer maintained. Except where an appeal notice was filed, or permission to appeal obtained, before 1 October 2012, this note is kept for historical reference only. For guidance on the current provisions, see Appeals to the UK Supreme Court—overview, Supreme Court—starting and managing the appeal and Supreme Court—appeal hearing. The rules and practice directions mentioned here will link to the provisions currently in force, not those that applied before 1 October 2012. For the pre- October 2012 position, please refer to the attached pdf documents: CPR 52 (old) CPR PD 52 (old) Where permission has been granted by the Supreme Court When the Supreme Court has granted permission to appeal, the permission application serves as the notice of appeal, and the grounds are confined to those for which permission was given. The appellant then has 14 days from the grant of...
This Practice Note sets out guidance on using the Supreme Court portal and on filing and serving documents for appeals lodged on or after 2 December 2024. Appeals before 2 December 2024 It applies to Supreme Court appeals where an application for permission to appeal or a notice of appeal was submitted on or after 2 December 2024, the date on which the SCR took effect ( SCR 1). The Supreme Court Rules 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). Nonetheless, the old SCR still govern: appeals already on foot before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024 notices of appeal under rule 19 of the old SCR (filing of notice where...
ARCHIVED: This Practice Note has been archived and is not maintained This note is retained only for reference. Except where a notice of appeal was lodged, or permission to appeal granted, before 1 October 2012, it serves purely historic purposes. For up-to-date guidance, consult the Practice Notes: Supreme Court—general provisions and considerations, and Supreme Court—permission to appeal. Any rules and practice directions mentioned here connect to the provisions currently in force, not those predating 1 October 2012. For the pre- October 2012 regime, see the attached PDFs: CPR 52 (old) CPR PD 52 (old) The Supreme Court of the United Kingdom was created by Part 3 of the Constitutional Reform Act 2005, taking on the judicial role formerly exercised by the House of Lords. The Supreme Court Rules ( SCR) govern civil and criminal appeals to the Court and references under its...
Appeals on or after 2 December 2024 This Practice Note applies to Supreme Court appeals where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the date the Supreme Court Rules ( SCR) took effect ( SCR 1). Appeals before 2 December 2024 The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on 2 December 2024 ( SCR 62(2)). However, the old SCR still govern: appeals that were already proceeding before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024 notices of appeal under rule 19 of the old SCR (filing of notice where permission not required) filed before 2 December 2024 ( SCR...
Appeals filed before 2 December 2024 This Practice Note relates solely to: appeals to the Supreme Court that were already under way before 2 December 2024, and applications seeking permission to appeal, and notices of appeal, lodged before 2 December 2024 unless the court or the Registrar directs that the Supreme Court Rules 2024 ( SCR) shall apply ( SCR 62). Appeals submitted before 2 December 2024 are governed by the Supreme Court Rules 2009 (revoked) and the Practice Directions as they stood up to that date. References in this Practice Note to those Rules and Practice Directions appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: Appeals filed on or after 2 December 2024 Cases not falling within the categories above (or where the court or Registrar has directed that the SCR will...
This Practice Note outlines the documents required for an appeal hearing and should be read alongside: Practice Note: Supreme Court—the portal, filing and service—on or after 2 December 2024... Appeals before 2 December 2024 This Practice Note applies to Supreme Court appeals where the application for permission to appeal, or the notice of appeal, was lodged on or after 2 December 2024, the date on which the SCR came into force ( SCR 1). On that date, the SCR 2009 (called in this Practice Note the ‘old SCR’) are revoked ( SCR 62(2)). However, the old SCR continue to apply to: appeals that were already in progress before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2 December 2024 notices of appeal under rule 19 of the old SCR...
This Practice Note should be read alongside the following Practice Notes: Supreme Court—role, structure and powers—on or after 2 December 2024 Supreme Court—permission to appeal—on or after 2 December 2024 Supreme Court—the portal, filing and service—on or after 2 December 2024 Appeals before 2 December 2024 This Practice Note relates to appeals to the Supreme Court where either an application for permission to appeal or a notice of appeal was lodged on or after 2 December 2024, the date the SCR took effect ( SCR 1). On that date, the SCR 2009 (described here as the ‘old SCR’) were revoked ( SCR 62(2)). Nevertheless, the old SCR continue to govern: appeals that were already in progress before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2...
Appeals filed before 2 December 2024 This Practice Note is limited to: appeals to the Supreme Court that were already ongoing prior to 2 December 2024; and applications seeking permission to appeal and notices of appeal lodged before 2 December 2024, unless the court or the Registrar orders that the SCR should govern ( SCR 62). Appeals lodged before 2 December 2024 fall under the Supreme Court Rules 2009 (now revoked) and the accompanying Practice Directions, as they stood up to that date. Within this Practice Note, references to those instruments appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions can be found here: Appeals filed on or after 2 December 2024 Matters outside the categories listed above (or where the court or Registrar has determined that the SCR applies) are governed by the SCR and the related Practice...
This Practice Note outlines how to initiate and manage an appeal in the Supreme Court ( UKSC) where no permission to appeal is required. It explains the Notice of Appeal, detailing what must be included, the required format, and the processes for filing and service. It further covers the notice of intention to proceed after permission has been granted, together with the respondent’s acknowledgement of a notice of appeal or notice of intention to proceed. It also addresses the documents for the appeal hearing, including the agreed statement of relevant facts and issues and any appendix, as well as arranging the date for the substantive hearing. Finally, it prescribes the rules governing the form, content, filing and service of the appellants’ and respondents’ cases for the appeal hearing. Appeals filed before 2 December 2024 This Practice Note applies only to: appeals to the Supreme Court which were...
ARCHIVED: this Practice Note is not maintained and is provided for background reference only. In addition, some links may not take you to the provisions as they stood when the guidance in this Practice Note was published. A varied slate of Supreme Court rulings in 2016—what should you know? Throughout 2016 there were notable decisions across multiple areas, with clear divisions among our most senior judges frequently on display. In this overview of 2016, we look at: rescinding a settlement on the basis of deceit ( Hayward v Zurich) (see below) fraudulent presentation in insurance claims ( Versloot v HDI) (see below) unjust enrichment claims affected by illegality ( Patel v Mirza) (see below) malicious prosecution in civil proceedings ( Willers v Joyce) (see below) the ‘close connection’ test for vicarious liability ( Mohamud v WM Morrison) (see...
This Practice Note This Practice Note is intended for use when identifying the applicable law in proceedings before the courts of England and Wales concerning events that resulted in damage, where those events took place on or after 1 January 2021. Where a dispute involves a conflict of laws between parts of the UK, or between the UK and Gibraltar, UK Rome II applies where the harmful event occurred on or after 11 January 2009. For events falling outside these dates, the UK courts will apply a different applicable law regime, determined by the date of the event. For guidance on those regimes and how they relate to one another, see Practice Note: Applicable law regimes. This Practice Note summarises the special rules that govern particular categories of claim under UK Rome II, Regulation ( EC) 864/2007 on the law applicable to...
This Practice Note is intended for use when identifying the governing law to be applied where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different governing law regime. The regime engaged will depend on the date on which the contract was concluded. For assistance on the various regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note refers to UK Rome I, Regulation ( EC) 593/2008. That regulation is applied when deciding the applicable law in cases in which the contract was concluded on or after 1 January 2021. Formerly described as Retained Rome I, since 1 January 2024 it has been styled Assimilated Rome I—the alteration is to the title alone and not to the provisions within the regulation....
Practice Note This Practice Note is intended for use when determining applicable law where a contract was concluded on or after 1 January 2021. For contracts entered into on other dates, the UK courts will apply a different applicable law regime. Which regime applies depends on the date the contract was made. For guidance on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note concerns UK Rome I, Regulation ( EC) 593/2008. That regulation is applied when identifying the applicable law in cases where the contract was entered into on or after 1 January 2021. Formerly called Retained Rome I, from 1 January 2024 it is known as Assimilated Rome I—the alteration is in name only, not in the provisions of the regulation. Authorities may refer to the regulation by either title and, for ease of...
This Practice Note This Practice Note is to be used when identifying the governing law where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different governing law framework. Which framework applies turns on the date the contract was formed in each case. For help on the distinct frameworks and how they relate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. That regulation is used to determine the governing law in matters where the relevant contract was concluded on or after 1 January 2021. Formerly termed Retained Rome I, from 1 January 2024 it has been styled Assimilated Rome I—the alteration is in name alone and not in the substance of the regulation. Authorities may describe the regulation using either label and...
ARCHIVED : This Practice Note is archived and no longer updated. It is intended to assist with identifying the applicable law where a contract was concluded on or after 1 January 2021. For agreements made before 1 January 2021, the UK courts will apply a different applicable law regime. The regime engaged depends on the date the contract was made. For guidance on the respective regimes and how they interrelate, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. Formerly called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the amendment is in title only and does not alter the regulation’s provisions. Authorities may use either designation and, for convenience, this Practice Note uses UK Rome I. For more on assimilated law, see Practice Note: Assimilated law. This Practice Note addresses consumer...
Although each litigation funding agreement ( LFA) and its related documents will differ according to the funder and the nuances of the matter being financed, there are key issues that must be addressed at the various stages of negotiation. This Practice Note is part of a series of concise Practice Notes by Tanya Lansky and Tets Ishikawa, Managing Directors of Lion Fish Group Ltd, intended to give those negotiating or evaluating LFAs and their accompanying documents a clearer understanding of the factors involved. Pricing structures In the formative period of litigation funding, funders’ returns were set as a percentage of the damages (percentage pricing). That mirrored how risk-taking US law firms run contingent matters and echoed early investors’ view of litigation investing as comparable to Series A venture capital, which often involves a percentage stake in a company. As the market expanded, funders...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines the rules for deciding which court has jurisdiction for the span between the UK’s departure from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It considers whether the implementation period can be extended, whether the jurisdictional framework under the Brussels regime, including that set out in Regulation ( EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill attained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partly commencing that same day. Provisions addressing matters such as handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other elements, including notices from the Information Commissioner and certain aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can be brought into force. Parts 5 and 6 modify aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...
Data security sits at the heart of the UK General Data Protection Regulation ( UK GDPR). The sixth data protection principle — integrity and confidentiality — obliges you to implement suitable technical and organisational steps so that personal data is handled with appropriate safeguards and security when processed, including: protection against unauthorised or unlawful processing accidental loss, destruction or damage This Practice Note draws on ICO guidance regarding personal data breaches under the UK GDPR. It also incorporates further practical pointers and information drawn from ICO guidance on managing data security breaches issued under the previous data protection regime; that guidance has now been withdrawn. The Practice Note additionally aligns with materials from the European Data Protection Board ( EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be...
This Practice Note offers additional guidance on the principal definitions found in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR). For a high-level overview of UK data protection legislation, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and Data protection law—new starter guide. The UK data protection law collection brings together further general guidance and is a recommended first point of reference for research. Scope of this Practice Note Given the significant volume of data moving between the UK and the EEA, corresponding EEA data protection rules remain particularly relevant to UK practitioners. There continues to be substantial similarity between: the EU GDPR (which was applicable under UK laws until the close of the Brexit implementation period at 11 pm UK time on 31 December 2020 and still applies within the EEA) the UK GDPR...
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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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