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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 archived Practice Note is no longer updated and is provided solely for background reference. In addition, certain links may not take you to the provisions as they stood on the date the guidance in this Practice Note was issued. For details about earlier and/or later changes to the CPR, consult: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note includes agenda and minutes of the CPR Committee ( CPRC) meeting on 6 October 2017 and supporting documents......
ARCHIVED: this Practice Note has been archived, is not updated, and is provided solely for background reference. In addition, certain links might not take you to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This archived Practice Note is not being updated and is supplied solely for background reference. Additionally, some links may no longer lead to the provisions as they stood on the date this Practice Note’s guidance was published. For information on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note provides the agenda and minutes of the CPR Committee ( CPRC) meeting of 2 February 2018, together with accompanying documentation. At that meeting, the committee considered: Proposed changes to CPR Parts 45 and 36— Gastric Illness claims ( GI claims) linked to package travel claims A consultation exercise on open justice Extending the Pre- Action Protocol for Professional Negligence to include an adjudication pilot scheme Possible amendments to either CPR 40 or the County Court ( Interest on Judgment Debt) Order 1991 ...
ARCHIVED: this Practice Note is no longer updated and is supplied for background only and should be treated. In addition, some links may not lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. In force on 17 June 2016— Part 8 claims and evidence These revisions were announced by the Ministry of Justice only on 12 July 2016, yet they apply retrospectively with effect back to the relevant date. CPR PD 8A— Alternative Procedure for Claims CPR PD 8A, paras 17.1 and 17A.1 are to be revised to reflect applications by the Electoral Commission under para 17 of Schedule 3 to the European Union Referendum Act 2015 and the European Union Referendum ( Conduct) Regulations 2016, together with related...
ARCHIVED: This archived Practice Note is not kept up to date and is supplied for background reference only. In addition, some links may not lead to the provisions as they stood on the date this guidance was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The amendments listed below will be made to the CPR on the dates indicated. They are set out in the Civil Procedure ( Amendment) Rules 2017, SI 2017/95, and in the Making Document for the 88th Update Practice Direction amendments. In force on 28 February 2017—costs in Aarhus Convention claims, judicial review and Admiralty claims Changes to CPR 45 and CPR PD 45—costs in relation to Aarhus Convention claims Section VII of CPR 45 is replaced by a new section to give effect to the Convention on Access to...
Note: with effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) were renamed the Civil National Business Centre ( CNBC). What is a warrant of control? A warrant of control is a County Court document that instructs a certified enforcement agent ( EA) to use the taking control of goods ( TCG) procedure. It authorises the EA to take control of goods owned by a judgment debtor, sell those items, and apply the sale proceeds to any unpaid balance under a money judgment. The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) is the primary statute introducing the TCG regime—see Practice Note: Finding your way through the Taking Control of Goods legislation. Warrants of control are the modern counterpart to the former warrants of execution—see TCEA 2007, s...
This Practice Note This Practice Note offers guidance on construing and applying the relevant CPR provisions in practice. According to the court where your case is progressing, you may need to account for further requirements that may apply—for more detail, see: Court specific guidance. CPR 20 and CPR PD 20 prescribe the mechanism by which a party may pursue an ‘additional claim’, which encompasses a counterclaim ( CPR 20.2). The Note examines the circumstances in which a defendant may advance a counterclaim against the claimant or introduce one against a new party, and the available routes for doing so. It also addresses how to meet a counterclaim (including the defence to counterclaim and any reply to a defence to counterclaim) together with the effect a counterclaim has on case management. This Note should be read alongside Practice Note:...
Class actions— India— Q& A guide This Practice Note provides a jurisdiction-specific Q& A on class actions in India, featured in the Lexology Getting the Deal Through series by Law Business Research (law stated as at 28 September 2022). Authors: Krishnamurthy & Co— Ayush Agarwala; Arushi Kaulaskar. 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? In India, collective or representative mechanisms derive from several enactments, including the Companies Act 2013, Civil Procedure Code 1908, Competition Act 2002, Consumer Protection Act 2013, Industrial Disputes Act 1947, and the Constitution of India 1950, as set out below: Under the Civil Procedure Code 1908 ( CPC), civil courts in India ( District Courts and High Courts of certain states) can hear suits filed in a...
ARCHIVED: This archived Practice Note is no longer updated and provided solely for background information...
ARCHIVED This archived Practice Note is not maintained and is provided for background information purposes only. Furthermore, some links may no longer direct you to the provisions as they stood at the time this Practice Note’s guidance was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Save where expressly indicated otherwise, the new CPR provisions come into force on Tuesday 1 October. To address these updates, we have already issued a summary of the changes to occur. See News Analyses: New CPR provisions for October 2013 and September and October 2013 CPR Practice Direction amendments. Costs—including revised Precedent H, fixed costs and provisional assessment of costs Revised Precedent H These reforms introduce a revised Precedent H ( CPR PD 3E). Note: this amendment came into force on 1 September 2013......
ARCHIVED: This Practice Note has been archived. This Practice Note sets out the following: Schedule 3C of the Civil Jurisdiction and Judgments Act 1982 ( CJJA 1982) the Civil Jurisdiction and Judgments Regulations 2009, SI 2009/3131 (2009 Regulations, SI 2009/3131) the Civil Jurisdiction and Judgments Act 1982 ( Interim Relief) Order 1997 (1977 Order) Schedule 3C to the CJJA 1982, together with later orders, implemented the Lugano Convention 1988 into UK law. As a result, amendments to these statutory instruments were necessary to align with provisions of the Lugano Convention 2007. These changes are set out in the 2009 Regulations, SI 2009/3131......
Civil fraud gives rise to a wide array of legal issues, often complex and multifaceted. Although every matter must be evaluated on its own merits and its specific factual and legal matrix, it is helpful to appreciate how the principal legal doctrines operate within their real-world context. Accordingly, this Practice Note highlights some of the more instructive decisions in civil fraud The decisions set out below are those from 1 January 2024 (for relevant cases from 13 December 2019, see Practice Note: Civil fraud—key and illustrative decisions ( December 2019– December 2023) [ Archived]). We do not seek to catalogue every ruling, but select those that yield particularly illuminating points. The entries include full links to the judgment and, where available, our News Analysis of the judgment For further guidance on bringing or resisting civil fraud claims, see: Civil...
This Practice Note examines when the court may deprive a party of assets (historically termed a ‘writ of sequestration’) as a remedy, sanction, or means of compulsion within contempt proceedings under CPR 81 (also known as ‘committal proceedings’). It does not cover sequestration used purely to enforce a judgment, order, or undertaking where no contempt proceedings are pursued—for guidance on that, see Practice Note: Writs of sequestration to enforce a judgment or order. Confiscation of assets—enforcement or contempt? Before 1 October 2020, all sequestration routes—both the ‘contempt’ variety and the ‘enforcement’ variety—sat within CPR 81. Following CPR amendments effective from 1 October 2020, CPR 81 was narrowed to contempt alone (see consultation: Proposed rule changes relating to contempt of court: redraft of CPR Part 81). Since that date, CPR 81 no longer uses the label ‘writ of...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It examines the carve-out of arbitration from the reach of Brussels I, considers how arbitration agreements interact with court jurisdiction, and reviews proposed amendments to that exclusion. Note: on 10 January 2015, Brussels I was repealed in full and replaced by Brussels I (recast). Nevertheless, transitional arrangements apply. For details of those and whether Brussels I may still govern the matter you are handling, see Practice Note: E& W Brussels I (recast)—application and exclusions. Status of Brussels I judgments in arbitration proceedings Where a court rules that it has jurisdiction to determine a dispute, is that judgment binding on a Member State court in ensuing arbitration proceedings? Put another way, does it generate an issue estoppel preventing the English court from deciding the same issue? The Court of Appeal considered this in...
ARCHIVED This Practice Note is archived and no longer maintained. It reviews exceptions to the default rule that a claimant must issue proceedings in the courts of the defendant’s domicile under Article 6 of Regulation ( EC) No 44/2001 ( Brussels I). It considers three Article 6 scenarios: the involvement of third parties counterclaims claims concerning rights in rem, i.e. over movable property Note: from 10 January 2015, Regulation ( EC) No 44/2001 ( Brussels I) was repealed in full and replaced by Regulation ( EU) 1215/2012, Brussels I (recast). Transitional arrangements apply. For details of those arrangements, and to assess whether provisions of Brussels I still govern the matter at hand, see Practice Note: E& W Brussels I (recast)—application and...
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background information. Certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued......
This Practice Note outlines the core principles for recovering damages arising from contractual breach. It addresses the compensatory purpose of damages; categories covering pecuniary and non-pecuniary loss; nominal damages; damages available under the Sale of Goods Act 1979 ( SGA 1979); the operation of default damages clauses; contractual mechanisms for remedying a breach; and the availability of interest. As stated by Baron Parke in Robinson v Harman, the party who suffers loss through breach should, in terms of damages, be placed in the position they would have occupied had the contract been performed... Compensatory function of damages for breach of contract The ordinary role of contractual damages mirrors that in tort: they are compensatory (see, for example, British Westinghouse v Underground Electric Rlys). The purpose is to make good the actual loss sustained by the innocent party and, so far as money can achieve it, to place them in...
Note: from 1 January 2026, the Financial List within the Chancery Division is running a pilot under CPR PD 51ZH, under which specified materials used at public hearings (such as witness statements and skeleton arguments) will, by default, be accessible to the public. Practitioners issuing applications in this list ought to acquaint themselves with the pilot and ensure that suitable measures are adopted to safeguard their clients when drafting any documents caught by it. For further direction, consult Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Chancery Division If your case proceeds in the Chancery Division, the provisions of the Chancery Guide will govern any application you pursue. This Practice Note supplies guidance on applications in the Chancery Division, with reference to the relevant provisions of the Chancery Guide and the related regional guidance covering practice in the...
This Practice Note offers direction on how to interpret and apply the pertinent provisions of the CPR. The requirements can vary by the court hearing your case, so you should also consider any extra provisions—see further Court specific guidance below. What is the difference between an on notice and a without notice application? An application is ‘on notice’ where a copy of the application notice is served on the respondent in advance, that is, before the court determines the application. A ‘without notice’ application is made without serving a copy of the application notice on the respondent at all at that point. Such applications are sometimes called ‘ex parte’ applications. For assistance on serving applications, see Practice Note: Filing and serving applications......
This Practice Note explores why a third party might wish to rely on a contract to which it is not privy, and assesses whether, on the facts, the common law doctrine of privity can be avoided by recognising instead a collateral contract, a group contract, or an agency arrangement in the circumstances. Why consider the effects of contracts on third parties? Although your client is not party to the agreement in question, you may still need to determine whether they might be: liable for any obligations that arise; or entitled to enforce any benefits conferred by the contract. Consider the following scenarios: in a contract between A (promisor) and B (promisee), A undertakes to pay £1,000 to C (third party) in a contract between A (promisor) and B (promisee), A agrees that any liability in relation to C (third party) shall be...
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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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