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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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This Practice Note explores the jurisdictional service gateway, or basis for service, in CPR PD 6B, para 3.1(3), which concerns pursuing claims against a necessary or proper party to a dispute between the claimant and the defendant that it is reasonable for the court to determine. For direction on additional claims under Part 20, and on assessing whether the person to be served is a necessary or proper party to the main or additional claim, see Practice Note: Cross-border service—jurisdiction gateways 1, 1A, 2, 4 and 4A (general grounds)— Gateway 4—additional claims. Read this Practice Note alongside Practice Note: Cross-border service—jurisdictional gateways (principles). This Practice Note refers to: the Privy Council decision in AK Investment CJSC v Kyrgyz Mobil Tel (2011), also reported as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel in some law reports the courts of England and...
ARCHIVED: This Practice Note has been archived and is not maintained. It offers a synopsis of selected key and/or illustrative rulings relevant to claims involving directors. Its aim is to showcase the diverse spectrum of actions and issues that may arise in proceedings concerning directors, with particular emphasis on decisions from July 2018 to December 2025; accordingly, not every significant case relating to claims against directors is included below. For further guidance on the principal heads of claim potentially relevant to disputes involving directors, as well as the practical points it is sensible to address at the outset of any claim against a director, see Practice Note: Claims against directors—key considerations for dispute resolution practitioners. Case details and analysis Supreme Court Mitchell (joint liquidators of MBI International & Partners Inc (in liquidation)) v Al Jaber; Mitchell (joint...
Civil recovery of misappropriated cryptoassets This Practice Note outlines avenues to reclaim misappropriated cryptoassets and sets out the legal and technical hurdles arising from the characteristics of such assets and the speed with which fraudsters can deploy obfuscation tools to conceal them. It addresses the roles of following and tracing during recovery, the availability of interim relief in civil proceedings concerning cryptoassets, and the significance of the Proceeds of Crime Act 2002 ( POCA 2002) to civil recovery in this field. Crypto asset recovery Crypto asset recovery means regaining access to digital property that is lost, stolen, or otherwise unreachable. Situations prompting recovery include lost wallet access, mistaken transactions—for example, assets sent to the wrong wallet address—or fraud. Depending on the facts, potential approaches include: Reconstructing passwords and seed phrases, using brute-force methods or partial backups Conducting blockchain analysis to map transfers and pinpoint destination...
This Practice Note outlines a standard schedule for starting civil claims in practice. A vertical comparison likewise offers direction on the steps parties should weigh when considering issuing proceedings in the courts of England and Wales. It highlights usual sequencing and the principal considerations for parties preparing cases. Typical timeline in civil proceedings Notes Note 1 Cause of action When evaluating the strength of the dispute, court litigation is a route to secure a remedy against the other side, and neither statute nor contract compels a different path. Note 2 Pre-action Parties are urged to attempt settlement before issuing, including by using alternative dispute resolution ( ADR). Observance of a pre-action protocol is required (eg sending a letter of claim). Considering pre-action measures, such as freezing injunctions or pre-action disclosure applications, is also available. Note 3 Issuing proceedings The claim form and particulars of claim are commonly issued...
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background reference. In addition, some links may not lead to the provisions as they stood when this guidance was issued. For information on earlier and/or later CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Note summarises forthcoming CPR changes. The provisions take effect on 1 October 2014 by virtue of The Civil Procedure ( Amendment No 6) Rules 2014, SI 2014/2044, and the 75th Update— Practice Direction Amendments. Note: amendments that do not affect the DR PSL module are not considered here, including: personal injury ‘soft tissue injury claims’ (ie whiplash claims) proceedings under the Presumption of Death Act 2013 applications for injunctions under the Anti-social Behaviour, Crime and Policing Act 2013 For the full set of amendments to the CPR and Practice Directions from 1 October 2014, refer to SI...
ARCHIVED: This Practice Note is no longer maintained and is provided solely for background reference. 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 amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes to the Civil Procedure Rules ( CPR) take effect on 1 October 2010. This note highlights the key changes. All practice notes affected by these amendments will be updated accordingly in due course. Electronic Disclosure A new Practice Direction 31B will be introduced to set out how practitioners should handle electronic disclosure and to offer guidance to those with limited experience in this field. Its objective is to encourage and assist parties to reach agreement on the disclosure of electronic documents in a...
ARCHIVED This Practice Note is archived, not kept up to date, and provided solely for background reference. Some links may no longer lead to the provisions as they were at the time this guidance was published. For details of earlier and later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes to the CPR took effect on 1 October 2009. This note outlines the principal changes. All other practice notes affected by these amendments have been updated. The CPR on service has likewise been revised to reflect and incorporate these changes as at 1 October 2009. Court opening times Court office opening hours are being streamlined across the system. A standard formula will determine when court offices are open during the Christmas and New Year period. Supreme Court Also on 1 October, the new Supreme Court assumed the judicial function previously exercised by the House of...
ARCHIVED : This Practice Note, archived, is no longer maintained and exists for background information only...
ARCHIVED: This Practice Note is archived, not updated, and provided for background information purposes only...
ARCHIVED : This archived Practice Note is not maintained and is for background information purposes only. This Practice Note is archived, not updated, and provided solely for background information purposes only......
ARCHIVED : This Practice Note is archived, not maintained, and is provided solely for background information only. Additionally, certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued......
ARCHIVED : This archived Practice Note is no longer updated and is provided solely for reference. Additionally, some links may not take you to the provisions as they stood on the date the guidance in this Practice Note was originally issued......
ARCHIVED: This archived Practice Note is no longer updated and exists purely for reference only...
ARCHIVED: This Practice Note is an archive, not updated, provided solely for background information purposes...
ARCHIVED: This Practice Note is no longer updated and is provided solely for background reference...
ARCHIVED: This Practice Note is archived, not updated, and is supplied solely for background reference. In addition, some links may no longer point to the provisions as they stood when the guidance in this Practice Note was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note reviews the Civil Procedure ( Amendment No.2) Rules 2018, SI 2018/479, which introduce amendments to the Civil Procedure Rules ( CPR), setting out changes that come into force on Monday, 7 May 2018. The SI has been approved by the Minister and placed before Parliament. Part 2—jurisdiction of the county court Part 2 is amended to implement new Practice Direction 2E— Jurisdiction of the County Court, which sets out the jurisdiction a legal adviser may exercise in the County Court. The revisions are: in the contents list, after the...
This glossary provides every costs term listed in the CPR glossary with an explanation of its use all the terms defined in the glossary of the Senior Courts Costs Office Guide ( SCCO Guide), at pages 9–12 costs budgeting terms with explanations; these terms are currently not included in the CPR glossary Term Definition Senior Courts Costs Office Guide/explanation Appropriate office SCCO Guide—the office in which a request for a detailed assessment hearing should be filed: it is the County Court Office or the District Registry for the court that made the order for costs or, in all other cases, the Senior Court Costs Office ( SCCO). Where the SCCO is the appropriate office for the request, it is also the appropriate office for any request or application made earlier in the detailed assessment proceedings, eg a request for a default costs certificate, a request or...
ARCHIVED: This archived Practice Note sets out illustrative and key decisions in civil fraud claims from December 2019 to December 2023. This archived Practice Note collates illustrative and key decisions in civil fraud from December 2019 to December 2023. For developments and examples from 1 January 2024 onwards, see Practice Note: Civil fraud—key and illustrative decisions (2024). Civil fraud disputes often raise a wide range of complex legal questions. While every claim must be assessed on its own facts and legal framework, it is valuable to see how fundamental principles have been applied within their factual settings. Accordingly, this Practice Note highlights a selection of especially illustrative civil fraud decisions. The compilation covers judgments from 13 December 2019 onwards, with earlier important authorities provided elsewhere in the guidance. The list is selective rather than comprehensive: we include only those cases that produce noteworthy points of...
This Practice Note offers direction on how to construe and apply the pertinent provisions of the CPR. The applicable requirements may differ depending on the court dealing with your matter, so you should remain alert to additional provisions—see: Court specific guidance below. Scope of this Practice Note Civil fraud spans a wide array of potential claims, at its core involving allegations of dishonest behaviour. It is a demanding and engaging area of law that English courts and practitioners frequently confront. The courts are well prepared to manage these cases and have jurisdiction to award a variety of remedies that can help parties reach an effective resolution of their disputes. This Practice Note serves as a practical handbook for lawyers acting for claimants in civil fraud proceedings. Because civil fraud embraces numerous causes and may emerge across a host of different contexts, this Practice Note does not aim to...
This Practice Note compares the key characteristics of pursuing a fraud claim either by way of a civil claim or a private criminal prosecution, including identifying the contrasts between the two procedures. It contrasts civil proceedings with a privately brought criminal case for fraud and addresses: jurisdiction limitation publicity and media interest control of the litigation and decision making the duration of the proceedings the choice of charges (criminal) or heads of claim (civil) the standard of proof investigation and evidence gathering pre-action considerations the preservation of assets using urgent and interim orders the privilege against self-incrimination (right to silence) disclosure during the proceedings defences and counterclaims costs non-financial and financial outcomes (prison sentences, damages, confiscation and compensation) enforcement A concise reference for...
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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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