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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 applies when seeking to obtain evidence in an EU Member State where the transitional arrangements on taking evidence in Article 68(b) of the Withdrawal Agreement had been satisfied before IP completion day (31 December 2020). For guidance in assessing whether those transitional criteria have been fulfilled, consult Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners, especially the main section: Taking of evidence. If the transitional provisions do apply, the rules and practice direction that were operative immediately prior to implementation day (i.e. 30 December 2020 at 11 pm) will continue to govern. In this Practice Note they are described as old Part 34 and old practice direction 34A. For further guidance, see Practice Note: Brexit post implementation period— CPR changes [ Archived], in particular the main section: Part 34— Witnesses, depositions and evidence for foreign courts. Copies of the...
The Taking Control of Goods legislation The taking control of goods ( TCG) regime comprises two distinct processes: TCG—superseding the former writs of fieri facias and warrants of execution used to enforce judgment debts Commercial rent arrears recovery ( CRAR)—replacing the previous distress for rent procedure for commercial rent arrears This Practice Note addresses only the TCG route. For CRAR, see Practice Note: Commercial rent arrears recovery ( CRAR). The TCG framework is set out in several interrelated instruments: Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) The Taking Control of Goods Regulations 2013, SI 2013/1894 ( TCG Regulations) The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 ( Fees Regulations) Certification of Enforcement Agents Regulations 2014, SI 2014/421 ( Certification Regulations) CPR 83– CPR 85 Together, these provisions operate as an essentially self-contained procedural code governing all aspects of TCG. For many practitioners, detailed engagement with this...
Introduction The Supreme Court Rules 2024 ( SCR) came into force via the Supreme Court Rules 2024, SI 2024/949. They annul and supersede the Supreme Court Rules 2009 ( SCR 2009), with transitional arrangements. This Practice Note summarises the principal changes introduced by the SCR. For comprehensive guidance on applying the SCR, see the following Practice Notes: Supreme Court—role, structure and powers—on or after 2 December 2024 Supreme Court—the portal, filing and service—on or after 2 December 2024 Supreme Court—how to apply for permission and how to respond—on or after 2 December 2024 Supreme Court—permission to appeal—on or after 2 December 2024 Supreme Court—starting and preparation for the appeal—on or after 2 December 2024 Supreme Court—documents for appeal hearing—on or after 2 December 2024 Supreme Court—the appeal hearing and decision—on or after 2 December 2024 Supreme Court—costs, fees and funding—on or after 2 December...
This Practice Note sets out the main considerations relating to summary assessment. It is intended as an initial guide and should be read alongside the following Practice Notes, which offer fuller, in‑depth coverage: Summary assessment—principles Summary assessment—the process Summary assessment—statement of costs What is summary assessment? Under CPR 44.1, summary assessment is the process by which the judge who determined the case or application assesses the costs. It may alternatively be carried out later by another judge, provided they could have determined the claim or application that led to the costs order and there is a proper reason for doing so ( CPR 44.6(2)). It is generally treated as a broad‑brush evaluation of a party’s costs, in contrast with the more granular approach taken on a detailed assessment. For a high‑level guide to the considerations on detailed assessment, see Practice Note: Detailed...
This Practice Note sets out guidance on summary assessment for matters in the Commercial Court, King’s Bench Division ( KBD), Senior Court Costs Office and the Technology and Construction Court ( TCC). The material in the court guides is supplementary to the CPR and its practice directions. Note: the Chancery Guide 2022 contains no dedicated guidance on summary assessment... Commercial Court Guide F13.1– F13.3 of the Commercial Court Guide deal with costs. A short overview of key points from those paragraphs is outlined below... Circumstances in which the court may summarily assess costs—applications Paragraph F13.1 confirms that the rules governing the award and assessment of costs are set out in CPR 44, 45, 46, 47 and 48. The court will adopt summary assessment in the following situations: Ordinary applications, ie those lasting less than half a day All cases where the successful party’s schedule of costs does not...
Archived: This Practice Note reflects provisions repealed on 1 April 2013 and is provided solely for historical reference. What is summary assessment? Summary assessment is the process by which the costs of an application are determined at the hearing of that very application (old rule 43.3). Typically, any such costs must be paid within 14 days, though the court may alter the timescale. For more detail, consult the Guide to the Summary Assessment of Costs issued by the Senior Courts Costs Office. Under old practice direction 44, para 13.2, the general position is that the court should direct summary assessment of costs: at the conclusion of a fast track trial at the end of a hearing lasting no longer than one day; if that hearing disposes of the whole action, the order on costs may encompass the entire claim in certain hearings before the Court of...
ARCHIVED This Practice Note is archived. It was derived from a draft imaging order appended to Practice Direction 25A. That Practice Direction and its annexes were revoked with effect from 6 April 2025, and the draft imaging order was superseded by a model search and imaging order. For current guidance, see Practice Note: The model search and imaging order (from 6 April 2025). The commentary in this Practice Note concerns the construction and application of the relevant CPR provisions. Depending on the court in which your case is heard, additional requirements may apply—see further below. This Note also explains the development and purpose of imaging orders, and offers guidance on the specimen imaging order inserted into CPR PD 25A, Annex B from 6 April 2022 (described in this Note as the ‘standard imaging order’). Much of the approach to seeking search orders will be...
This Practice Note outlines the SRA’s regulatory obligations around litigation and advocacy, and offers direction on why a litigation policy is necessary. It mirrors the SRA Standards and Regulations and draws on pertinent SRA guidance, particularly on conduct in disputes. It also aligns with current SRA commentary on dispute conduct. What types of litigation are covered? A ‘court’ encompasses any court, tribunal or inquiry in England and Wales, a British court martial, or a court in another jurisdiction. Strictly speaking, alternative dispute resolution ( ADR), including mediation or arbitration, does not take place before a court. Nonetheless, you should apply equivalent standards of behaviour across all ADR processes; the SRA Principles are pervasive and extend to ADR. Accordingly, maintain consistent professional decorum across mediation, arbitration and other ADR formats. SRA Standards and Regulations It reflects the SRA Standards and Regulations, together with relevant SRA...
E& W Brussels I (recast)—special jurisdiction (art 7) [ Archived] ARCHIVED: This Practice Note has been archived and is not currently being maintained. This Practice Note considers the special jurisdiction provisions in Article 7 of Regulation ( EU) 1215/2012, Brussels I (recast), when addressing various categories of claims and disputes. The special jurisdiction provided by Article 7 allows a claimant to bring proceedings against a defendant in a forum where the defendant is not domiciled. That jurisdiction is non‑exclusive and therefore, if engaged, does not exclude the jurisdiction of any other EU Member State. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Owing to transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK remained subject to...
E& W Brussels I (recast)—contract claims ( Art 7(1)) [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It outlines how contractual claims are addressed under Article 7(1) of Regulation ( EU) 1215/2012, Brussels I (recast). It reviews the necessary connecting factors, the nature of the contract as regards obligations, and identifies both the place of performance and the place of delivery. It further differentiates between contracts for the sale of goods and those for the supply of services. The rules governing contract claims appear in Article 7 of Regulation ( EU) 1215/2012, Brussels I (recast), formerly Article 5 of Regulation ( EC) 44/2001, Brussels I. The recast introduced certain amendments to those rules; however, the Court of Justice’s reading of Article 5 of Regulation ( EC) 44/2001, Brussels I should be taken into account when...
Class actions— South Korea— Q& A guide This Practice Note provides a jurisdiction-specific Q& A on class actions in South Korea, published within the Lexology Getting the Deal Through series by Law Business Research (law stated at: 15 September 2022). Authors: Hannuri Law Firm— Joo-young Kim; Hyun-ju Ku. 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? South Korea operates a three-tier court hierarchy comprising district courts, high courts and the Supreme Court. The 18 district courts primarily exercise original jurisdiction over most civil and criminal matters, subject to limited exceptions. Appeals from decisions issued by three-judge panels in a district court are heard by the six high courts. The Supreme Court sits at the apex and serves as the final court on most legal questions, which includes matters...
This Practice Note outlines the lawyer’s role in mediation, emphasising the routine requirement to assess and discuss alternative dispute resolution ( ADR) with the client. Where all parties choose to mediate, or the court orders it, it addresses the lawyer’s responsibilities for selecting the mediator, organising the mediation, advising and supporting throughout the process, and drafting the settlement agreement. Basis of lawyer’s obligations ADR should be regarded as part of the dispute resolution framework, and your involvement with ADR begins at the very start of a matter when you review with your client the available routes to resolve the dispute. A party’s legal representative must advise their client on the duty to consider ADR both before and during litigation, and on the courts’ powers to order or encourage ADR. The client should also be informed of the potential costs implications where a party...
This Practice Note explains when and why delivery of a bill is required, how to seek delivery, and the types of orders the court may grant. It also highlights examples of instances where the court has, and has not, exercised its discretion under section 68 of the Solicitors Act 1974 ( SA 1974), together with the effect of delivery of a statute bill and delivery up of the client’s papers. Note, the Solicitors Act 1974 ( SA 1974) is referred to as SA 1974 in this Practice Note... Delivery of a bill When and why this is sought Delivery of a bill is commonly pursued by a client or other chargeable party in two situations: the solicitor wishes to retain monies on account without providing an adequate bill the client believes the solicitor’s request for an interim payment on account is unduly...
This Practice Note summarises the reach and purpose of the Pre- Action Protocol for Possession Claims by Social Landlords (the Protocol), in force from 13 January 2020. It covers residential possession proceedings in England and Wales brought by social landlords (for example, local authorities and housing associations). It also outlines landlords’ duties to observe the Protocol, including how and when to make first contact with the tenant, circumstances in which proceedings must not be issued, and requirements for serving statutory notices. It further addresses the need to explore alternative dispute resolution ( ADR), the mandatory grounds for possession, and the implications of non-compliance with the Protocol. Scope The Protocol applies to residential possession claims in England and Wales brought by social landlords, including: a local authority, or a housing association Part 2 concerns claims based solely on rent arrears. Part 3 covers cases where the court’s power to defer...
This Practice Note on strategic lawsuits against public participation ( SLAPPs) explains what they are, outlines proposed procedural responses, and sketches their evolution... SLAPPs—what are they? The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) now contains a statutory definition of a SLAPP claim ( ECCTA 2023, s 195); however, that definition is confined to matters linked to economic crime... Preceding this ECCTA 2023 definition, the government issued a policy paper in June 2023 (updated 1 March 2024), Factsheet: strategic lawsuits against public participation ( SLAPPs). It described SLAPPs as legal proceedings commonly brought by corporations or individuals to harass, intimidate, and wear down opponents financially or psychologically through misuse of the legal system. They are often presented as defamation claims by wealthy individuals (including Russian oligarchs) or companies to avoid public‑interest scrutiny. SLAPPs arise across a wide range of areas,...
ARCHIVED: This Practice Note is no longer maintained and is provided for background information only. In addition, some links may not point to the provisions as they stood at the date the guidance in this Practice Note was issued. Introduction of the single County Court On 22 April 2014, section 17 of the Crime and Courts Act 2013 created a single, national County Court and amended the County Courts Act 1984 ( CCA 1984). The principal effects of the reform were: References to ‘a county court’ or ‘county courts’ were replaced with ‘the County Court’. Mentions of a particular county court became a County Court hearing centre. Sittings of the County Court, and any other business of the County Court, may take place anywhere in England and Wales and are not confined to any particular district. Judges of the County Court...
ARCHIVED: This archived Practice Note seeks to explain the right of appeal in the Singapore International Commercial Court ( SICC) and outlines the steps to challenge a judgment delivered by the SICC. It is no longer updated and is provided for background purposes only. Any monetary figures mentioned in this Practice Note are in Singapore dollars. Right of appeal More and more, parties to high-value, intricate commercial disputes view an appellate route as an essential safeguard, prioritising the accurate application of their chosen law over mere finality. Arbitration affords no appeal on the merits of an award, and the avenues to set aside such an award are narrowly confined. The framework establishing the Singapore International Commercial Court addresses this important element of dispute resolution. An appeal from an SICC decision lies to the Singapore Court of Appeal ( Singapore...
This Practice Note explores who should participate in settlement discussions (including team negotiations), together with confidentiality considerations and the position where talks are subject to contract. For guidance on negotiation strategy, see Practice Note: Settling disputes—negotiation strategy. For assisted routes to concluding a settlement, see Practice Note: What is ADR? and related content. For making offers and recording the deal, see: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement and related content Who should be involved in trying to settle a dispute? The legal representative The legal representative (or, at times, another professional adviser) is invaluable in ensuring an objective stance. Where the client is conducting the negotiation, an adviser can still add value in a supporting role. If the adviser leads, they bring a structured, impartial process to the table, distanced from the clients’...
This Practice Note examines how parties to a settlement agreement can seek to head off a post‑settlement dispute after the main dispute has been concluded, and the most effective way to resolve any disagreement about a settlement if one emerges... Defining terms regarding payment under a settlement agreement The party obliged to pay or deliver under a settlement agreement is described in this practice note as the ‘settlement debtor’—the word ‘debtor’ being used broadly to mean the party from whom money or money’s worth is expected under the agreement—while the party receiving money, or benefiting from any other performance under the settlement, is termed the ‘settlement creditor’... Why do disputes about settlement happen? Most parties settle in good faith, intending to fulfil the agreed terms and move on, though not all do so. Sometimes a settlement is reached to ease a pressure point, yet true finality is not...
There are five main types of set-off: independent set-off (sometimes known as legal set-off or statutory set-off) transaction set-off (also known as equitable set-off) contractual set-off insolvency set-off banker’s set-off (sometimes known as current account set-off) This Practice Note looks at the characteristics of these five types of set-off. For information on set-off in general, see Practice Note: What is set-off and when is it available? Independent set-off Independent set-off operates as a procedural defence available for use in court proceedings. It permits mutual, reciprocal claims to be set off against each other where they are separate and not connected, in contrast to transaction set-off. Independent set-off is also described as legal set-off or statutory set-off......
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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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