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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 no longer maintained. It outlined permissions relevant during the transition after the UK’s departure from the EU. As that period has concluded, many points it covered are now obsolete. For current guidance on serving a claim form on a defendant outside the jurisdiction, see Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? Definitions/abbreviations This Practice Note employs the following definitions and abbreviations: CPR 6— Part 6 of the Civil Procedure Rules concerning service of documents implementation period— EU( WA) A 2020, s 1 defines it as the ‘transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day’. ‘ Implementation period’ is the UK’s preferred term; the EU tends to use ‘transition period’. The terms are used...
Service of the claim form in England and Wales A claim form is issued by the court. After that, the document must be served on the defendant so the claim is made known to them promptly and correctly. This step is fundamental to the proceedings and demands not only that the contents of the claim form reach the defendant’s attention, but also that service complies with the applicable rules to secure effective and valid service. This Practice Note outlines the various factors that apply when serving the claim form within England and Wales (the jurisdiction) and includes links to guidance and precedents. Be aware that the provisions in CPR 6 were repealed, with a new suite of rules commencing on 1 October 2008 under the Civil Procedure ( Amendment) Rules 2008, SI 2008/2178. This needs to be borne in mind when reviewing older...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note addresses the position on serving documents from England and Wales on a defendant located in an EU Member State where the service process began before 31 December 2020. It requires consideration of CPR 6 together with the Withdrawal Agreement and the EU Commission’s Notice to Stakeholders concerning civil justice. If service is initiated after this date, different factors apply. For the approach where service starts on or after 1 January 2021, see Practice Note: Cross-border service—serving in an EU Member State. Any references in this Practice Note to Part 6 and its accompanying practice direction are to the provisions as they stood prior to 11 pm on 31 December 2020... Key documents Withdrawal Agreement—defined in section 39(1) of the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) as the...
This Practice Note reviews the rules and authorities on serving an injunction and outlines practical issues that may arise. Interim injunctions are a type of court order that include a penal notice. That notice enables the applicant to bring contempt proceedings against a respondent who breaches the order. To rely on the penal notice after any breach, it must be demonstrated that the injunction was validly served. General principles Specific requirements apply to service of an interim injunction, as confirmed by the Court of Appeal in Canada Goose: the defendant must be named: if known and identified—the defendant(s) must be named individually if not identified, the defendant must be identifiable—such defendant(s) should be described as ‘persons unknown’. Note, they must be capable of being identified and served with the order, see...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It addresses service within England and Wales for documents issued by a court or tribunal in an EU Member State under Regulation ( EC) 1393/2007, known as the Service Regulation. The material in this Practice Note applies only where the transitional provisions in the Withdrawal Agreement between the UK and the EU are engaged. For guidance on circumstances where the Service Regulation does not apply, including all proceedings started after 31 December 2020, see Practice Note: Serving in England and Wales—serving documents from a foreign court or tribunal. Key documents Withdrawal Agreement—defined in section 39(1) of the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) as the agreement between the UK and the EU under Article 50(2) of the Treaty on European Union that sets out the...
This Practice Note examines the rules and procedure for serving legal documents on the defendant’s solicitor in a European Economic Area ( EEA) state, or on a European Lawyer representing the defendant. Be aware that, on 31 December 2020, Part 6 was amended to remove express references to service on solicitors in an EEA state and to service on a European Lawyer. Where notification, given in accordance with the applicable rules, was received before 31 December 2020, transitional provisions apply; without such notification by that date, those provisions do not apply. For guidance on the transitional provisions, see: Transitional provisions for CPR 6.7 and CPR 6.23 after 31 December 2020 below. This Practice Note reflects the position above. Note: This Practice Note refers to the relevant provisions as old rule 6.7 and old rule 6.23. The EEA states comprise the EU Member States...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note sets out how the Service Regulation operates. Service under that regime is only relevant between the UK and EU Member States where service began before 31 December 2020 at 11 pm and the transitional requirements in Article 68 of the UK– EU Withdrawal Agreement were satisfied by that deadline. In those circumstances, service may still be effected in the appropriate EU Member State. For the position on the operation of the Service Regulation between EU Member States, see Practice Note: The Service Regulation (recast). For the transitional rules and their effect on serving documents outside England and Wales, see Practice Notes: Serving outside the jurisdiction—serving in an EU Member State before 31 December 2020 [ Archived] and Cross-border service—serving in an EU Member...
This Practice Note examines the jurisdictional gateway or basis for service set out in CPR PD 6B, para 3.1(16A), which addresses declarations of non-liability. It should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles). Declaration of non-liability Gateway 16A ( CPR PD 6B, para 3.1(16A)) offers a specific route for claims seeking a declaration that the claimant is not liable. It applies where, if proceedings to prove liability were issued against the claimant, that putative claim would fall within another paragraph of the Practice Direction, excluding the following: (1) to (5) (8) (12D) (15D) (17) (22) (24) to (25) When determining whether gateway 16A is engaged, it must be shown that the notional claim against the claimant would be captured by one of these gateways: 6 7 8A–12C 13–15C 15E–21 23......
This Practice Note examines the jurisdictional service gateway, or ground and basis, for service contained in CPR PD 6B, para 3.1(11), which addresses claims concerning property located within the jurisdiction. It should also be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Claims about property within the jurisdiction—gateway 11 Gateway 11 ( CPR PD 6B, para 3.1(11)) states expressly that the subject matter of the claim must relate wholly or principally to property within the jurisdiction, and nothing in this paragraph makes justiciable the title to, or the right to possession of, immovable property that is situated outside England and Wales. When construing the language used in gateway 11 and its practical application, helpful guidance can be found both in the Gateways for Service out of the Jurisdiction Final report 4 June 2015 ( Final Report 2015) and in the authorities, as explored...
ARCHIVED : This Practice Note is archived because it addressed transitional arrangements in effect after the UK left the EU on 31 December 2020. Where service of court documents in Iceland, Norway or Switzerland relates to proceedings begun on or before 31 December 2020, the transitional rules in this Practice Note still govern. For proceedings started on or after 1 January 2021, the Lugano Convention 2017 no longer applies between the UK and those states. For guidance on serving in these jurisdictions, consult Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? The UK participated in the Lugano Convention 2007 through its EU membership, and, as an international agreement, it continued to bind the UK under the Withdrawal Agreement until 31 December 2020. At present, the Lugano Convention 2007 does not apply to service of...
This Practice Note outlines how to serve a Part 36 offer, and how to serve a notice of acceptance, variation or withdrawal. It also explains when service under Part 36 is effective and the applicable service requirements and timing. How to serve a Part 36 offer A Part 36 offer takes effect when it is served on the offeree ( CPR 36.7(2)). Rather than prescribing standalone service rules within Part 36, CPR 36.7 directs users to the general provisions on service of documents in CPR 6. Accordingly, it is essential to understand the rules for serving documents other than the claim form; see below. Where the offeree has a legal representative, the Part 36 offer must be served on that representative ( CPR PD 36, para 1.2). An illustration of how service problems can undermine a Part 36 offer is found in Kings Security Systems v King...
Glossary This Glossary aids dispute resolution practitioners in grasping the particular terminology used for the service of documents, whether serving within England and Wales or effecting service outside that jurisdiction in another country... Term Explanation Guidance Alternative service When arranging service of a document in proceedings, Part 6 of the CPR prescribes acceptable methods and the places for service. If compliance with those rules is not feasible, a party may apply for a court order permitting service by another method or at a different location... Practice Notes: Principles of alternative service Types of alternative service Serving court documents on persons unknown Cross-border considerations for alternative service Certificate of service A certificate of service evidences to the court that the other party has been served with the relevant documents. The form of proof varies depending on where service occurs... Serving in England and Wales: the...
Civil justice reform See our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note outlines how documents are served in Scottish civil court proceedings. In this context, 'service' means the method by which court papers are provided to another party in litigation. The primary focus is on commencing an action, though the same procedures will typically apply to the intimation of a document once proceedings are underway. 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 threshold of a ‘serious issue to be tried’, which must be satisfied to found the jurisdiction of the English courts over a dispute. That threshold applies only where permission to serve proceedings out of the jurisdiction is sought (or was granted and the defendant now contests jurisdiction). It does not apply where permission is unnecessary, for instance under CPR 6.32 or CPR 6.33, or under the parallel service regime in the Companies Act 2006, as discussed in Titan Wealth Services Ltd v Tavistock Investments PLC (2025). Although part of that judgment was successfully appealed, the jurisdictional analysis remained intact. In addition to the serious issue limb, a claimant must demonstrate a good arguable case and that England and Wales is the appropriate forum (forum conveniens). For further guidance, see Practice Note: Determining whether the courts of England and Wales have...
ARCHIVED: This Practice Note has been archived and is no longer maintained. This Practice Note is retained solely for historical reference as it relates to CPR 81 as it stood before 1 October 2020, and to Practice Direction 81, which was revoked in full with effect from 1 October 2020. If you are handling a committal application after 1 October 2020, you must consult the CPR 81 currently in force and the Practice Notes addressing it; see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note considers the aims and principles of sentencing in contempt and writ of sequestration matters following a successful committal application. It does not attempt to provide a sentencing guide on the suitability or otherwise of sentence length in any particular circumstances. In line with Longhurst v Killen, the duration of any...
This Practice Note distils the Senior Costs Judge’s Practice Notice, ‘ Hearings and Detailed Assessments in the Senior Courts Costs Office’, describing how the SCCO manages hearings and detailed assessments. Owing to the commitment of court staff, together with practitioners’ willingness to adapt, only a very small number of SCCO costs hearings have needed to be adjourned during the current pandemic. The judicial Practice Note provides clear direction on the conduct of hearings and detailed assessments within the SCCO. It also identifies the various issues addressed and signposts helpful underlying guidance. NOTE: CPR PD 51O has been revoked, but this detailed assessment guidance has not yet been updated to reflect that position. CPR PD 5C ( CE- File electronic filing and case management system) came into force on 1 October 2025 and should be referred to for the procedure for use of CE-...
This Practice Note carefully reviews both the Civil Procedure Rules ( CPR) and relevant associated practice directions that offer orders for security for costs which mirror those obtainable under CPR 25. Further information and comprehensive guidance on security for costs can be found within a suite of Practice Notes, see: Security for costs—overview. What provisions are available to seek security for costs? When addressing an application for security for costs, the starting point is usually whether CPR 25 ( Interim Remedies and Security for Costs) provides assistance. That said, beyond CPR 25 there are also further additional Parts of the CPR and practice directions that permit orders equivalent to a security for costs order. As confirmed by the Court of Appeal in Olatawura v Abiloye (2002), such measures are in effect ‘tantamount’ to security for costs orders. They include: CPR...
This Practice Note explains the nature of an unfair prejudice claim or petition and identifies when it ought to be deployed to safeguard a minority shareholder’s rights. It further outlines illustrations of unfair prejudice and addresses the remedies that are on offer, with particular regard to section 996 of the Companies Act 2006 ( CA 2006). What is an unfair prejudice claim (a section 994 petition)? An unfair prejudice claim is a statutory remedy for company members, set out in CA 2006, ss 994–999. Such claims proceed by way of petition and are therefore commonly known as section 994 petitions. A section 994 petition is the principal procedural mechanism by which a minority shareholder may obtain relief from the court due to ‘unfairly prejudicial’ behaviour by the majority. A glossary of the technical expressions employed in this Practice Note appears in the main section headed...
Businesses may either suffer fraud or be used by their own management to commit it. In the first scenario, corporate property is diverted. In the second, the enterprise may trade partly legitimately or lack any real business. Either way, insolvency may follow. Once appointed, the office-holder will seek to uncover events, trace assets and recover value for creditors. Investigation and enquiry into a company’s assets After a decision is taken to appoint an insolvency practitioner ( IP), the Insolvency Act 1986 ( IA 1986) grants powers allowing the office-holder to probe the company’s affairs and investigate its dealings, then gather in its assets. Under IA 1986, s 236, an administrator, administrative receiver, liquidator or provisional liquidator may ask the court to order certain persons to supply information about the company and/or its dealings, produce any books, papers or other records in their possession or under their...
ARCHIVED: This Practice Note has been archived. This note draws on the draft search order that was previously appended to Practice Direction 25A. That practice direction and its annexes were revoked with effect from 6 April 2025, and the draft search order was replaced by a model search and imaging order. For current guidance, see Practice Note: The model search and imaging order (from 6 April 2025). The guidance here concerns the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you should also be aware of any additional provisions—see the main section titled ‘ Court specific guidance’ below. This Practice Note explains the contents of the draft order for a search order. For related guidance, see Practice Notes: Search and imaging orders—guiding principles Search and imaging...
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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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