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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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Introduction Part 5 of the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) set out fresh frameworks for debt management and relief, though some measures remain unimplemented. Although designed to help individuals manage indebtedness more effectively, these changes plainly carry consequences for creditors looking to enforce judgments against such individuals. Through amendments to the County Courts Act 1984, TCEA 2007, s 106 created a new administrative route for debtors without business debts whose income is above what is required for their reasonable needs. TCEA 2007, s 106 has not yet been commenced By further amendment to the County Courts Act 1984, TCEA 2007, s 107 introduced a mechanism allowing a debtor experiencing a ‘sudden and unforeseen deterioration in their financial circumstances’ to seek an enforcement restriction order ( ERO). TCEA 2007, s 107 has not yet been...
The purpose of a statutory demand The purpose of a statutory demand is to demonstrate that a company cannot pay its debts, rather than the creditor relying on section 123(1)(e) or section 123(2) of the Insolvency Act 1986 ( IA 1986). A statutory demand is a written demand, in the prescribed form, for a debt over £750, served on a company by leaving it at the company’s registered office ( IA 1986, s 123(1)(a)). This threshold is not altered by the increase in the bankruptcy level for bankruptcy petitions from £750 to £5,000 that came into force on 1 October 2015. If the statutory demand is left unpaid and is not disputed, the company is treated as unable to pay its debts, giving a creditor grounds to present a winding-up petition against the company. When not to use a statutory demand A statutory demand should not be used...
Service Service defects ( CPR 3.10)—illustrative rulings Extensions of time to serve the claim form—illustrative rulings Substituted service—illustrative rulings Substituted service—illustrative rulings (cross-border) Dispensation with service of documents—illustrative rulings Claims and remedies ESG litigation—key and illustrative rulings Contract disputes—key and illustrative rulings (2024–2025) Force majeure—key and illustrative rulings Frustration—key and illustrative rulings Compensation claims by data subjects under UK data protection laws—key case tracker Civil fraud—illustrative rulings (2024–2026) Cryptoassets for Dispute Resolution lawyers—key and illustrative rulings Claims against directors—illustrative rulings Unfair prejudice claims—illustrative rulings Claims against directors—key and illustrative rulings [ Archived] Unfair prejudice claims—key and illustrative rulings [ Archived] Derivative claims—key and illustrative rulings [ Archived] Reflective loss—key and illustrative rulings [ Archived] Negligence...
When a claimant starts proceedings in the courts of England and Wales, a defendant can move to contest the court’s jurisdiction by applying under CPR 11. This Practice Note highlights what to consider when preparing evidence-either for a defendant supporting its jurisdiction challenge, or for a claimant resisting such an application. The governing rules are set out in CPR 11. For associated guidance, see Practice Notes: Challenging court jurisdiction-application under CPR 11 (general considerations) Challenging court jurisdiction-application under CPR 11 (timing and extensions of time) For precedent witness statements, see Precedents: defendant- Witness statement in support of an application to challenge English court jurisdiction claimant- Witness statement opposing an application to challenge English court jurisdiction When evidence is to be provided CPR 11(4) states that an application must be made within 14 days after filing an...
This Practice Note examines how the Foreign Judgments ( Reciprocal Enforcement) Act 1933 ( FJ( RE) A 1933 / the Act), together with CPR 74, operates to enforce overseas judgments in the courts of England and Wales ( English courts). It outlines why the Act matters, identifies the states to which it extends, details the prerequisites for registration, the steps for obtaining registration, the evidential material needed on the application, the making of a registration order and the legal consequences of that order. The Practice Note also covers the process for setting aside registration. For guidance: on enforcing an English court judgment abroad, see Practice Note: Cross-border enforcement of English judgments—principles on applying the Act in the context of insolvency claims, see Practice Note: Insolvency judgments and the Foreign Judgments ( Reciprocal Enforcement) Act...
This Practice Note explores when, why, and the ways in which you may seek declaratory relief (a declaration from the court), together with the considerations the court will apply when exercising its discretion. It outlines the current position and offers practical direction on interpreting and applying the relevant CPR provisions. Depending on the forum in which your matter proceeds, you should also be alert to additional provisions—see further: Court specific guidance below. For guidance on using declarations in cross-border disputes, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners. What is declaratory relief? Also known as a declaratory judgment or a declaration, it is a discretionary remedy that a party may ask the court to grant. In simple terms, it is a statement by the court made at the request of a party. The court may declare parties’ rights, confirm the...
This Practice Note explores the situations in which a court may permit changes to a party’s statement of case once a relevant limitation period has expired (or may have expired). It cites section 35 of the Limitation Act 1980 ( LA 1980) and reviews the pertinent provisions of the Civil Procedure Rules, in particular CPR 17.4, concerning the introduction of new causes of action. It also expressly considers limitation issues that arise in relation to counterclaims. For guidance on determining limitation periods under LA 1980, together with illustrative authorities, see the following Practice Notes: Limitation Act 1980—general application Limitation—the principal limitation periods Limitation—illustrative decisions Limitation and extensions of time—key and illustrative decisions [ Archived] See also Practice Notes: Amending a statement of case—introduction and Amending a statement of case—permission to amend for general information on amending statements of case where limitation is not in issue....
This Practice Note This Practice Note sets out how you may transfer a claim or a cause of action at law or in equity, highlighting key drafting considerations, such as treatment of recoverable losses and who bears costs after assignment. It also deals with timing of any assignment and the procedural consequences of assigning before or after proceedings have begun for both assignee and assignor, including amendments to statements of case and the joinder of additional parties. For guidance on when you may assign a claim or cause of action, see Practice Note: In what circumstances can you assign a claim or cause of action? Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as ‘...a factual situation the existence of which entitles one person to obtain from the court a remedy against...
This Practice Note considers third party disclosure under CPR 31.17 and CPR 31.18, namely securing disclosure of documents from a third party or other non‑party to the claim. It sets out the process for seeking a third party disclosure order, detailing what must accompany the application, the supporting evidence, and any evidence a non‑party may file in answer to such a request. It also outlines, in practice, the courts’ treatment of these applications, the expense of issuing them, and the costs consequences of complying with a non‑party disclosure order. You should additionally check whether the case is governed by the disclosure regime in the Business and Property Courts. For general guidance on that regime, see: Disclosure Scheme ( Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? How to obtain documents from third parties At times you may know, or have grounds to...
This Practice Note considers anti-suit injunctions This Practice Note reviews anti-suit injunctions, a species of injunctive relief deployed to prevent a party from starting or pursuing court proceedings, whether at the outset or mid‑course. It outlines what an anti-suit injunction entails and the jurisdiction of the courts to issue such orders. It also examines the grounds on which this relief may properly be declined or allowed. Further, it addresses the consequences of breaching an anti-suit injunction, as well as the influence of foreign anti-suit orders on litigation before the courts of England and Wales. For guidance on: bringing an application for an anti-suit injunction, see Practice Note: Anti-suit injunctions—making an application anti-suit injunctions and the EU, see Practice Note: Anti-suit injunctions and EU court proceedings—pre and post Brexit anti-suit injunctions in support of arbitration, see Practice Note: Anti-suit injunctions in support of arbitration ( England and...
This Practice Note outlines the principal distinctions between mediation and litigation in England and Wales, alongside their likely benefits and drawbacks. What is mediation? Mediation is one of the most familiar and widely used forms of alternative dispute resolution ( ADR). It is a confidential procedure in which an impartial third party (the mediator) helps the parties work towards an agreed outcome to settle their dispute. For a summary of the process, see: Mediation—overview. In July 2021, the Ministry of Justice issued a ‘guide to a civil mediation’ explaining the advantages of civil mediation and how to identify a suitable mediator. Why consider mediation? There are many grounds for seeking a negotiated resolution, including: Preserving the commercial relationship between the parties Minimising the cost and duration of court proceedings Keeping the dispute confidential For general guidance on settling disputes, see Practice Note: Settling...
This Tracker outlines the active pilot schemes currently operating within the civil courts. For details of pilots that have concluded, see Practice Note: Dispute Resolution—pilot schemes which have ended. Key dates and essential details for each pilot are set out below. This information reflects current position within the civil courts. Online court Pilot scheme Damages claims pilot scheme— CPR PD 51ZB Key dates: 28 May 2021 to 1 October 2026 Details: CPR PD 51ZB pilots an online procedure for County Court damages claims where parties act through a legal representative. Claims are handled via the Damages Claims Portal. The scheme covers damages-only claims in the County Court (for example, personal injury, clinical negligence, breach of contract), subject to specific exceptions. For further guidance, see Practice Note: Damages claims pilot scheme— CPR PD 51ZB. Online Civil Money Claims Pilot— CPR PD 51R Key dates: From 7 August 2017 to 1...
This Practice Note sets out the appellate court’s power to award costs, including whether those costs may be assessed summarily and/or ordered on an indemnity basis, and whether costs incurred during an appeal can be recovered. It also examines the Supreme Court’s power to make costs orders, together with the specific provisions relating to skeleton arguments. In addition, it covers the respondent’s costs on applications for permission to appeal, as well as costs on settlement, disposal, dismissal or discontinuance of the appeal. For guidance on challenging a costs order, see Practice Note: Appeals against cost orders. This Practice Note does not address recovery of costs under a statutory appeal. Type of work undertaken on appeal The nature of appellate work typically means counsel’s fees are likely to surpass those of the solicitors. Where both counsel and solicitors are instructed on a short appeal, the...
This Practice Note sets out how to work out time periods for carrying out steps mandated by the Civil Procedure Rules ( CPR), any related practice directions, or by a court judgment or order. It also addresses what is meant by clear days and business days. It does not cover the specific CPR deadlines for particular actions. For guidance on the deadlines for filing and serving statements of case in England and Wales, see Practice Note: Time limits for filing and serving statements of case in England and Wales. The importance of calculating time periods correctly Parties must adhere to time limits set by the CPR, practice directions and the court’s orders. These include deadlines for filing and serving documents and for other stages in the claim, such as: filing statements of case; giving disclosure; exchanging witness...
This Practice Note considers completing the acknowledgment of service form It explains which version of the form should be used (there are multiple) and offers practical pointers on completing it, including the rules that govern how it must be signed. It also outlines the position where a defendant wishes both to defend the claim and to contest the court’s jurisdiction. For an overview of the principles underpinning the acknowledgment of service, see Practice Note: Acknowledgment of service-principles... Depending on the court where the case is being heard, the relevant court guide may prescribe particular requirements that must be met. For guidance, see: - Court specific guidance below... The rules on acknowledgment of service are contained in Part 10 for Part 7 claims and in Part 8 for Part 8 claims. Part 10 was entirely replaced on 6 April 2022 and Practice Direction 10 was deleted in full,...
This Practice Note outlines the principal considerations to be weighed when seeking and effecting alternative service of documents on a defendant domiciled outside England and Wales. For guidance on the general principles of alternative service, see Practice Note: Alternative service-principles. For guidance on service out of the jurisdiction, see Practice Note: Cross-border service-a guide for dispute resolution practitioners. Defendant has an address in England and Wales An address within the jurisdiction does not, of itself, show that the defendant is present here for the purposes of service. In practice, two main situations arise: the defendant is resident in the jurisdiction-the defendant can be served at the residence, even if only temporarily resident the defendant is resident outside the jurisdiction-service must comply with the rules for service out of the jurisdiction set out in Part 6 For guidance on determining residence, see Practice Note:...
This Practice Note explores the deployment of online dispute resolution ( ODR) in civil proceedings across England and Wales, alongside the build-out of the digital justice system ( DJS) within HM Courts and Tribunals Service’s ( HMCTS) reform programme. It reviews current pilots in operation, notably the Online Civil Money Claims ( OCMC) pilot under CPR PD 51R and the Damages Claims pilot under CPR PD 51ZB. It also addresses the Judicial Review and Courts Act 2022 ( JRCA 2022), the creation of Online Procedure Rules ( OPR) and the role of the Online Procedure Rule Committee ( OPRC). Further online dispute resolution initiatives are considered, including those advanced by Lawtech UK. Background to the development of online dispute resolution In his Final Report on the Civil Courts Structure Review, published on 27 July 2016, Lord Justice Briggs recommended establishing an online court to handle...
NOTE: With effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) have been retitled the Civil National Business Centre ( CNBC)-see: LNB News 14/08/2023 12- CCMCC issues name and performance update. This Practice Note sets out what happens after an application for a charging order is issued. The process varies according to whether the application is lodged in the Civil National Business Centre ( CNBC) or in another forum (for example, the High Court or a County Court Hearing Centre). For a concise overview of the process, see: Charging orders-route map to a final charging order-flowchart. For advice on where different applications should be commenced, and how to issue the application, see Practice Note: Charging orders-how and where to apply. Be aware there is a distinct process where the judgment debtor is a...
This Practice Note outlines the consequences of failing to attend for questioning under an order made pursuant to CPR 71.2. Sanctions may include a suspended order penalising the non-compliance and, ultimately, the issue of a warrant for arrest or committal. It also offers guidance on how the relevant CPR provisions should be construed and applied. Depending on the court handling your case, you may need to consider additional requirements-see further: Court specific guidance below. For an overview of the CPR 71 regime, eligibility to use it, and procedural steps, see: Practice Note: Obtaining information about judgment debtors under CPR 71-general principles Practice Note: Obtaining information about judgment debtors under CPR 71-making the application Practice Note: Obtaining information about judgment debtors under CPR 71-the examination A streamlined contempt procedure CPR 71.8 sets out a simplified route to obtain an order punishing a person who has not...
Archived This Practice Note is archived and is not being updated or maintained. It addresses whether CPR 11’s provisions govern the assessment and procedure for a jurisdictional objection founded solely on Regulation ( EU) 1215/2012, Brussels I (recast). Impact of UK’s departure from the EU After exit day (ie 31 January 2020), the UK formally assumed the status of a third country for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Owing to transitional terms in the Withdrawal Agreement agreed by the UK and the EU, the UK continued to be subject to Regulation ( EU) 1215/2012, Brussels I (recast) throughout the implementation period, which started on exit day and concluded on IP completion day (ie 31 December 2020, at 11 pm). The situation after IP completion day calls for analysis of those particular provisions of Regulation ( EU) 1215/2012, Brussels I (recast) that may...
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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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