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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. The framework governing search orders was materially revised with effect from 6 April 2025. For the position from 6 April 2025, consult Practice Note: Search and imaging orders—execution of the order and next steps. This Practice Note explains how a search order ought to be executed. It also considers non-compliance with the order’s terms by applicants and respondents, alongside the privilege against self-incrimination. It addresses variation and discharge of the order, and sets out the requirements for steps to be taken once execution of the order has occurred. For related guidance on search orders, see the following Practice Notes: Search and imaging orders—guiding principles Search and imaging orders—making the application Search orders—the draft order and electronic documents (pre- April 2025) [ Archived] Search orders—key and illustrative decisions (pre- April 2025) [ Archived] A specimen form of imaging order was approved and appended to CPR PD 25A from 6...
ARCHIVED : This Practice Note has been archived. The framework governing search orders changed significantly with effect from 6 April 2025—for general guidance on the impact of those amendments, and on the treatment of pre‑ April 2025 case law, see Practice Note: Search and imaging orders—making the application. Practice Note: Search and imaging orders—guiding principles identifies and explains the five conditions that must be satisfied before a court will grant a search order. Presented in the table below are the key authorities that established those five conditions, together with a number of cases illustrating how the courts have approached applications for search orders in practice. The table contains cases that referred to the concept of an imaging order prior to the example form of imaging order being approved and added to CPR PD 25A, Annex B from 6 April 2022. Case details and analysis ...
This Practice Note sets out an overview of the Sheriff Appeal Court in Scotland, highlighting, among other matters, the court’s remit, the categories of appeals it may determine, and when leave to appeal is necessary, together with scope of its jurisdiction and hearing types. For guidance on: starting and advancing an appeal in the Sheriff Appeal Court, see Practice Notes listed below covering commencement, initial procedure, case management before three Appeal Sheriffs, and special incidental procedures: Starting an appeal in the Scottish Sheriff Appeal Court—which provides direction on commencing an appeal in the Sheriff Appeal Court and the early procedural steps Chapter 7 procedure in the Scottish Sheriff Appeal—which addresses case management for an appeal heard by three Appeal Sheriffs ( Chapter 7 procedure) ...
Civil justice reform Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date rules and practice in Scotland’s civil courts on remote hearings and the electronic signing, transmission and lodging of documents. The Note also sets out the process for commencing a judicial review in Scotland. For guidance on: further aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland—grounds of challenge; Judicial review in Scotland—remedies; and Judicial review in Scotland—protective expenses orders other key areas of Scots law and procedure, consult our Scotland collection judicial review in England and Wales, see Practice Notes: Judicial review—what it is and when it can be used; and Judicial review—time limits and the pre-action protocol Key CR( S) A 2014: Courts Reform ( Scotland) Act 2014 CSA 1988: Court of...
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 court practice in Scotland relating to remote hearings and the electronic signing, transmission and lodging of documents. This Practice Note is the second in a two‑part series exploring Scotland’s class actions process, termed ‘group procedure’, and focuses on how group proceedings are handled after permission is granted. It first considers the permission order made by the court, the start date of the group proceedings, and the mechanisms for joining and opting out of the group. It then addresses the conduct of defended group proceedings, covering case management, disposal, appeals and settlement. For the procedure up to the grant of permission, see Practice Note: Group procedure in Scottish civil...
ARCHIVED: This archived Practice Note reviewed the key legal developments in 2023 for dispute resolution practitioners in Scotland. It presents a summary of the principal changes expected to influence Scottish dispute resolution lawyers during 2023 and thereafter, and also outlines the notable developments that have already arisen in 2023... Key primary legislation Details on primary legislation and the progress of UK government bills relevant to dispute resolution, introduced in either the House of Commons or the House of Lords (and which may contain provisions applicable to Scotland), are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. This tracker is intended to help Scottish dispute resolution practitioners remain current with Acts of the Scottish Parliament and Bills being considered by the Scottish Parliament that will shape Scottish civil...
ARCHIVED This archived Practice Note reviews the principal legal shifts in 2024 for dispute resolution practitioners in Scotland. It offers an overview of developments anticipated to affect Scottish dispute resolution lawyers throughout 2024 and thereafter, and also highlights the notable changes already seen in 2024... Key primary legislation Details of primary legislation and the status of UK Government Bills relevant to dispute resolution, introduced in the House of Commons or House of Lords (and potentially applying to Scotland), are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. The tracker is intended to help Scottish dispute resolution practitioners stay current with Acts of the Scottish Parliament and Bills under scrutiny at Holyrood that will influence Scottish civil litigation... Bankruptcy and Diligence ( Scotland) Act 2024 Introduces reforms to the law...
ARCHIVED This archived Practice Note examined the principal legal developments during 2025 for dispute resolution practitioners in Scotland. It offers a synopsis of the key changes anticipated to affect Scottish dispute resolution lawyers in 2025 and thereafter, and also outlines the notable developments that have already occurred in 2025... Key primary legislation Details on primary legislation and the progress of UK government Bills relevant to dispute resolution—introduced in either the House of Commons or the House of Lords in the UK Parliament (and which may include provisions applying to Scotland)—are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. The tracker is intended to help Scottish dispute resolution practitioners remain up to date with Acts of the Scottish Parliament and Bills under consideration by the Scottish Parliament that will affect Scottish civil litigation... Contract ( Formation and...
This Practice Note outlines the principal legal developments anticipated to affect Scottish dispute resolution lawyers in 2026 and beyond, while also recapping the significant changes that have already occurred during 2026... Key primary legislation Details on primary legislation and the status of UK Government bills relevant to dispute resolution, introduced in the House of Commons or the House of Lords and potentially extending to Scotland, are available in Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution... The tracker is intended to help Scottish dispute resolution practitioners remain up to date with Acts of the Scottish Parliament, along with Bills under consideration by the Scottish Parliament, that are set to influence Scottish civil litigation... Contract ( Formation and Remedies) ( Scotland) Act 2026 This Act updates and clarifies contract law in Scotland, reflecting recommendations made by the Scottish Law Commission following its review of contract law. It was passed by the...
This Practice Note offers guidance on the current rules and practice in the Scottish civil courts, including electronic lodging of documents and virtual hearings. It does not extend to criminal business or to procedures specific to the All Scotland Personal Injury Court. For key points in Scottish civil litigation, see: Scottish DR: courts and civil procedure—overview, Scottish DR: starting a claim—overview, and Scottish DR: case management and evidence—overview, which link to detailed guidance on particular aspects of dispute resolution in Scotland. Electronic submission of documents in Scotland From 1 December 2025, under the Act of Sederunt ( Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302: an electronic signature meets any requirement to sign or authenticate a document, and electronic transmission (to a person or their solicitor) meets any requirement to send a document to that...
This Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts It outlines each court’s role, their composition and jurisdiction. It also covers the procedures that govern proceedings, the precedential weight of decisions, and the avenues of appeal. It should be read alongside the —flowchart, which gives a simple diagram of the civil court system. Note: any mention in this Practice Note of appeals to the Supreme Court should be understood as relating to matters where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, when the SCR took effect ( SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). However, the old SCR remain...
STOP PRESS: On 19 June 2025 the Data ( Use and Access) Bill secured Royal Assent, was enacted as the Data ( Use and Access) Act 2025 ( DUAA 2025), and took partial effect immediately. Provisions dealing with, among other things, handling data subject access requests and granting powers to make further regulations commenced on 19 June 2025. Measures relating to Information Commissioner notices and elements of law enforcement processing started on 19 August 2025, two months after Royal Assent. Most of the Act still awaits commencement via additional statutory instruments. Parts 5 and 6 update elements of UK data protection and e Privacy law, touching the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Most Part 5 measures are...
This Practice Note This Practice Note assists with identifying the applicable law before the courts of England and Wales for loss-causing events that took place between 11 January 2009 and 31 December 2020, in respect of matters giving rise to damage. Where events fell outside those dates, the UK courts will apply an alternative applicable law regime appropriate to the relevant timeframe. The governing regime turns entirely on the date the event happened in question. For help on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. It also explains when and why Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations, Rome II, was introduced. Further, it outlines the situations in which it applies and those in which it does not, as appropriate. In this Practice Note, the Regulation is referred to as Rome II. For...
This Practice Note Use this Practice Note when identifying the governing law where a contract was concluded between 17 December 2009 and 31 December 2020. For agreements made on other dates, the UK courts will apply a different governing law regime. Which regime is engaged depends on the date on which the agreement was made. The temporal scope is critical to the analysis. It is intended for use in relation to that period. For guidance on the various regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note reviews the rules in Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ( Rome I), addressing parties’ autonomy to choose the governing law for their contract. Even where a law is chosen, the parties remain subject to...
This Practice Note This Practice Note is intended for assessing the governing law of contracts concluded from 17 December 2009 to 31 December 2020. Where agreements were made outside those dates, the UK courts will apply an alternative applicable law regime, and which regime is engaged depends upon the date on which the contract was entered into. The operative framework therefore turns on the timing of formation. For guidance on the different regimes and their interrelationship, see Practice Note: Applicable law regimes. This Practice Note addresses the application of Regulation ( EC) 593/2008 on the law applicable to contractual obligations—commonly called Rome I—in situations where the parties have not selected the applicable law. It examines the governing law for particular categories of contract, including the sale of goods, the supply of services, and distribution agreements. It also covers scenarios that do not fit within those...
Practice Note This Practice Note assists with identifying the governing law where a contract was concluded between 17 December 2009 and before 1 January 2021. For contracts made on other dates, the UK courts will apply a different applicable law regime. The regime that applies turns on the date the contract was entered into. For direction, see Practice Note: Applicable law regimes. This Practice Note reviews the general provisions in Regulation ( EC) 593/2008 on the law applicable to contractual obligations ( Rome I). It addresses: Overriding mandatory provisions ( Article 9) Consent and material validity ( Article 10) Formal validity ( Article 11) Scope of the law applicable ( Article 12) Incapacity ( Article 13) Voluntary assignment/contractual subrogations ( Article 14) Legal subrogation ( Article 15) Multiple liabilities ( Article 16) Set-off ( Article 17) ...
This Practice Note assists in identifying the governing law where a contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply an alternative governing-law regime, selected by reference to the date the contract was entered into. The applicable scheme is determined by the date on which the contract was concluded. For direction on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Note examines the operation and construction of Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, known as Rome I. Within this Note it is cited as Regulation ( EC) 593/2008, Rome I, or simply Rome I. It sets out when and for what reasons Rome I came into force and...
ARCHIVED: This Practice Note is archived and not maintained The UK is no longer bound by the Rome Convention in international law, following departure from the EU. Nonetheless, the substantive rules still operate in certain cases—namely where a contract was concluded between 1 April 1991 and 16 December 2009 and meets the criteria required by the Act. Accordingly, those provisions have been preserved in the C( AL) A 1990, but they are subject to the amendments made by The Law Applicable to Contractual Obligations and Non– Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834. For the current position, see Practice Note: Contracts ( Applicable Law) Act 1990—application and interpretation. This Practice Note introduces the Rome ( EC) Convention on the Law Applicable to Contractual Obligations 1980 (the Rome Convention), identifying its signatories, the manner of its UK...
ARCHIVED: This Practice Note is archived and no longer updated. Since the UK left the EU, the Rome Convention no longer binds the UK under international law. Even so, its substantive provisions may still apply to certain contracts—namely those made between 1 April 1991 and 16 December 2009 that meet the criteria in the act. These rules are preserved in the C( AL) A 1990, but operate with changes introduced by The Law Applicable to Contractual Obligations and Non– Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834. For current guidance, see Practice Note: Contracts ( Applicable Law) Act 1990—applicable law chosen by the parties. This Practice Note sets out the scope of the applicable/governing law under the Rome Convention, and describes how parties may choose that law, including whether the choice must be in writing, whether it must be the law of a...
This Practice Note has been archived and is not maintained. For the up-to-date position, refer to Practice Note: Costs budgets—revision and variation. This note explores the process of reviewing and updating a costs budget. It addresses the obligation to keep budgets under regular review and the reasons behind that discipline. It then explains why a party might seek to revise a costs budget and whether those grounds are sufficient to obtain an order permitting revision. It outlines the principles the court applies when deciding an application to amend a costs budget and illustrates how the courts have applied those principles. This includes interpreting CPR PD 3E, para 7.6 and the defined expressions ‘future costs’ and ‘significant requirements’. It also looks at reaching agreement with other parties about proposed amendments to the costs budget and, if agreement cannot be reached, when and in what manner an...
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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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