Featured documents
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:
Most recent Practice notes
ARCHIVED: This Practice Note is archived, not maintained, and provided for background only. In addition, some links may no longer point to the provisions as they were when this guidance was published. For information on earlier and/or later CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. A PDF of SI 2018/975 can be found here: Part 1 and Part 5. Part 1 These amendments are intended to give effect to the principles in the Welsh Language ( Wales) Measure 2011 and the Welsh Language Act 1993: that the Welsh language holds official status in Wales and that any person may use Welsh in legal proceedings in Wales. A new rule 1.5 is to be added which provides, in summary, that nothing within the overriding objective diminishes those principles—namely (a) the official status of the Welsh language in Wales under the 2011 Measure, and (b) the...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is intended for mediations where the transitional conditions in Article 69 of the Withdrawal Agreement between the UK and the EU were satisfied on or before IP completion day (ie 31 December 2020, 11 pm), so that the mediation falls within the scope of the Mediation Directive 2008/52/ EC. For further guidance on those transitional requirements, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Mediation. Where those requirements are met, UK domestic legislation preserves the continued application of specified parts of the civil procedure rules that were otherwise revoked or amended as of 31 December 2020, at 11 pm, including old Part 78 referred to throughout this Practice Note. For further guidance, see Practice Note: Brexit post...
This Practice Note is for you if you need to keep matters as they are and either prevent, or receive notice of a proposed, dealing with securities, or stop any dealing with funds in court. According to the situation, you may achieve this by applying for any of the following: a charging order against securities or funds in court a stop order over securities or funds in court a stop notice concerning securities (a stop notice is not available over funds held in court) These remedies are governed by the Charging Orders Act 1979 ( COA 1979), CPR 73 and CPR PD 73. This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on which court is handling your case, you may also need to consider additional requirements—see further under: Court specific guidance...
ARCHIVED: Note This Practice Note sets out guidance on provisions that came into force on 1 April 2013. It deals solely with the amendments to CPR 35.4. For guidance on the introduction of concurrent expert evidence (also brought in under the Jackson Reforms) or on expert evidence generally, see: Hot-tubbing ( Concurrent expert evidence) and Experts' meetings and joint statements respectively. You should also have regard to all relevant provisions contained in any applicable court guide. See: Court guides and other guidance. NOTE: This Practice Note provides a summary of the amendment to CPR 35.4 that took effect on 1 April 2014. It does not address developments since that date and is, therefore, not maintained. Lord Justice Jackson's recommendations—effective case management Lord Justice Jackson identified expert evidence as an area where litigation costs could be markedly reduced. He noted that if expert reports are...
ARCHIVED: This archived Practice Note is not maintained and is provided solely for background information. Moreover, some links may not direct you to the provisions as at the date the guidance in this Practice Note was published. Compliance and relief from sanctions cases 2016—what do you need to know? Although 2016 appears to have yielded fewer major decisions on non-compliance and relief from sanctions than 2015—perhaps indicating that practitioners are gaining a firmer grasp, from existing authorities, of the present form of CPR 3.9(1) and the court’s likely stance on defaults and applications for relief—there has nevertheless been a steady stream of such rulings......
This Practice Note examines when parties may agree to extend the period for complying with a rule, practice direction or court order that obliges them to take a step within a fixed timeframe and sets out the consequences of any default. For wider guidance on extensions of time, including matters falling outside CPR 3.8(4), see Practice Note: Extension of time. This Practice Note should also be read alongside material addressing the court’s response to party non-compliance and applications for relief from sanction arising from such breaches, which can be found in: Compliance and relief from sanctions—overview. Agreeing an extension of time under CPR 3.8(4) CPR 3.8(4) allows the parties, by prior written agreement, to extend the deadline for performing an act specified by the CPR or a court order where the consequences of failure are prescribed. Any such extension is limited to a maximum of 28 days and...
Timetable or directions to review costs budgets Preparing a costs budget can be demanding, particularly in intricate matters where the kind and scale of work needed to advance or defend a claim may evolve over time. CPR 3.15(6) recognises this and allows the court to set a timetable or issue further directions for future budget reviews. This enables the parties to keep their budgets under ongoing review and, where suitable, to request amendments. When such directions are made, parties must diarise them and complete the reviews in accordance with those directions. Continual monitoring of cost budgets Once a costs budget is finalised and either agreed with the other side or approved by the court, the court will actively manage costs throughout the proceedings. Parties must therefore monitor spend against the budgeted figures for each phase to ensure they remain within limits. If actual costs exceed the...
This Practice Note summarises key and illustrative rulings on the use of the court’s discretionary power under CPR 3.1(7) to vary or revoke an order, covering: Instances where the court has varied or revoked an order under CPR 3.1(7) Instances where the court has refused to vary or revoke an order under CPR 3.1(7) For the governing principles and guidance on applying to vary or revoke under CPR 3.1(7), see Practice Note: Varying or revoking orders—court’s general power under CPR 3.1(7). For a tabular summary of the different CPR mechanisms for amending court orders, see: Judgments and orders—overview. Examples of when the court has varied or revoked an order under CPR 3.1(7) Case details Stockler v The Corporation of the Hall of The Arts and Sciences, 21 November 2025, County Court at Central London, Senior Courts Costs Office, [2025] EWHC 3080 ( SCCO) Key notes from the...
This Practice Note This Practice Note addresses how defended civil claims issued on or after 1 October 2023 are allocated by the court to the small claims track, fast track, intermediate track or multi-track. Explains the principal considerations the court applies when deciding allocation, including provisional allocation. Describes the contents of the court’s notice of proposed allocation ( NPA) and the possible penalties for non-compliance with the NPA. Identifies when a claim might be moved to a different track (re-allocation). Confirms that claims placed on the fast track or intermediate track are also given a complexity band, and outlines the different bands. Is intended to be read alongside Practice Note: Case management—allocation—the different case management tracks, which clarifies the meaning of ‘allocation’ and summarises the main features of the small claims track, fast track,...
ARCHIVED: This Practice Note has been archived, is not maintained and is supplied for background reference only. Additionally, certain links may not lead to the provisions as they existed on the date this guidance was published. For information on prior and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note outlines the CPR amendments taking effect on 10 January 2015 as provided in SI 2014/2948. These revisions are introduced so that the CPR account for the provisions of the Brussels I (recast) regulation, which will apply, subject to transitional arrangements, from 10 January 2015. Note: content within Lexis+® UK DR refers to the recast regulation as Brussels I (recast). The CPR provisions describe the same regulation as the Judgments...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how temporary COVID-19 measures affect dispute resolution. It is intended to help dispute resolution practitioners grasp changes to civil court procedures and processes during the pandemic, and how those shifts, and the pandemic, may influence their practice and individual cases. It addresses the practical impact of coronavirus on key litigation steps and concepts. Read alongside: Coronavirus ( COVID-19) civil court specific guidance—dispute resolution [ Archived], giving further guidance for particular courts SCCO guidance for detailed assessment from 1 August 2020 This Practice Note provides ‘matter-neutral’ guidance on the procedural effects of the coronavirus for dispute resolution in England and Wales. For substantive and ‘matter-specific’ consequences of the coronavirus, see: Contract breach and termination— Coronavirus ( COVID-19) and contractual...
ARCHIVED: This archived Practice Note is designed to support dispute resolution practitioners in staying up to date and understanding the effects of the fast-moving developments associated with the coronavirus ( COVID-19) outbreak on processes and procedures in the civil courts of England and Wales. It brings together a series of frequently asked questions, organised by relevant topics. This Practice Note should be read alongside the following Practice Notes: Coronavirus ( COVID-19) implications for dispute resolution [ Archived] Coronavirus ( COVID-19) civil court specific guidance—dispute resolution [ Archived] Attending court during coronavirus See Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived]— Attending court. Q& As Coronavirus ( COVID-19)—how do we contact courts that are now ‘temporarily suspended’ but were handling ongoing and/or urgent applications? A key witness (factual and/or expert), counsel, or instructing solicitor is unable or unwilling to travel to,...
This Practice Note outlines significant and illustrative rulings in which the court has promoted or compelled the parties to contemplate or participate in alternative dispute resolution ( ADR), such as mediation, with a view to settling their civil dispute. It should be read alongside Practice Note: Court powers to order or encourage ADR in civil proceedings, which explains parties’ duties to consider ADR and the courts’ powers to direct or promote consideration of ADR, both pre-action and during proceedings. Note that, from 1 October 2024, the Civil Procedure Rules ( CPR) were revised to confer further powers enabling the court to require parties to use ADR, and to give added guidance on costs where parties breach an ADR order or unreasonably refuse to engage in ADR. The amendments appear in The Civil Procedure ( Amendment No 3) Rules 2024, SI 2024/839, together with...
Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for authoritative guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, secure transmission and lodging of documents. This Practice Note supplies practical and procedural guidance on ordinary actions proceeding in the Court of Session. For information on: substantive and procedural matters to consider before commencing a civil action in the Scottish courts, including the jurisdiction of the Court of Session, see Practice Note: Starting a civil claim in Scotland the role of the Court of Session, how it is constituted and the binding nature of its judgements, see Practice Note: Civil court structure in Scotland Key: RCS— Rules of the Court of Session 1994 What is an ordinary action? An ordinary action is one that follows the...
ARCHIVED : This Practice Note has been archived and is not maintained. This archived Practice Note is not maintained or kept under review. It outlines a series of illustrative decisions issued before May 2025 concerning the court’s discretion to allow amendments to parties and statements of case after a limitation period has expired across the reported case law. It cites section 35 of the Limitation Act 1980 ( LA 1980) and pertinent provisions of the Civil Procedure Rules ( CPR), in particular, but not limited to, CPR 17.4 and CPR 19.6, and concentrates on cases likely to interest a dispute resolution practitioner. For concise summaries of illustrative decisions relating to LA 1980 dated after May 2025, where relevant and applicable, see also Practice Note: Limitation—illustrative decisions. For guidance on when a court may permit amendments to a party’s statement of case once the...
ARCHIVED This Practice Note relies on provisions revoked on 1 April 2013 and is provided for historical reference. Introduction The court enjoys a very broad discretion to decide if costs are payable, the figure to be paid, and the point at which payment is due. The court must also determine whether to: conduct a summary assessment of the costs; or order a detailed assessment of the costs by a costs officer......
This Practice Note examines, in particular, the following rules and practice in relation to County Court judgments: CPR 40.9A County Court judgments and orders—variation of payment CPR 40.13A County Court set-off of cross-judgments CPR 40.14A County Court certificate of judgment When can you vary a payment ordered under a County Court judgment? CPR 40.9A provides that where a judgment creditor has obtained a County Court order or judgment for the payment of money, either the judgment creditor or the judgment debtor may apply to the court to seek a variation to the date or the rate of payment. Under section 71 of the County Courts Act 1984 ( CCA 1984), the County Court has power to direct that the money be paid in a single lump sum or by instalments. The Court of Appeal’s decision in Loson v Stack offered guidance on the test to be applied when the court is...
This Practice Note addresses the recovery of costs in proceedings within the Business & Property Courts where the Disclosure Scheme, applicable to most matters under CPR PD 57AD, operates. The Scheme can materially influence costs recoverability, notably where costs management applies. Its impact is heightened because the provisions of CPR PD 57AD override any inconsistent rules or practice directions, including the costs management and budgeting regime. This Practice Note also outlines a timetable for supplying costs information in advance of the case management conference ( CMC). For general guidance on the Scheme, see: Disclosure Scheme ( Business & Property Courts)—overview. Requirement to provide costs estimates at an early stage Under CPR PD 57AD, parties must provide an early estimate of the anticipated costs of undertaking Extended Disclosure: Disclosure Review Document ( DRD)—parties must set out the projected cost of collection,...
ARCHIVED: This Practice Note is retained solely for historical reference and should not be treated as current guidance herein. CPR provisions The rules dealing with general costs continue to sit within CPR 44. The Part has been reorganised and reordered to make it simpler and more intuitive to navigate through. The principal changes affecting Part 44 are as follows: Re-numbering—the CPR Committee has taken the opportunity to re-number the rules so they follow a single continuous sequence, removing any need for suffix letters to differentiate provisions such as CPR 44.3A New provisions—there are several wholly new rules, together with material moved in from other Parts: the court’s discretion as to costs is set out at CPR 44.2; Rules 44.3A and 44.3B are now obsolete, and CPR 44.3C has been transferred to CPR 46.7 the basis of assessment at CPR 44.3 now contains additional provisions on...
This Practice Note sets out clear and practical guidance on the purpose of a costs order, what items it may encompass, the obligation to notify the client about any costs order that may arise, and the importance of making proper submissions on costs. It also outlines the various forms of costs orders, common terms relating to costs, and how the Boxall principles operate in the context of general civil litigation. Purpose of costs orders The overarching aim of a costs order is to allow a party to recover a reasonable and proportionate sum of costs. It is not intended to compensate, nor to place the receiving party in the position they would have occupied had it not been necessary to litigate to vindicate their rights. These core propositions were discussed at length by the Supreme Court in the leading authority case of Process &...
Popular documents
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 ]...
Discover more from LexisNexis
