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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 serves solely as background information...
ARCHIVED: This Practice Note is no longer updated and is for background information purposes only...
ARCHIVED : This Tracker is archived and no longer maintained. It set out domestic legislation on the UK’s departure from the EU that was relevant to dispute resolution ( DR) practitioners. A range of ( EU Exit) regulations—also referred to as Brexit SIs—were laid in preparation for the UK’s departure from the EU. This tracker considers the key Brexit SIs for dispute resolution lawyers. For details of all Brexit SIs, see Practice Note: Brexit legislation tracker. Note: in this Practice Note, the terms ‘ EU ( Exit) regulation’ and ‘ Brexit SI’ are used interchangeably. Brexit SIs—in force date All Brexit SIs were drafted to come into force by reference to exit day (31 January 2020 at 11pm). Following amendment by the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020), which implemented the Withdrawal Agreement in the UK, the in force date for these...
ARCHIVED: This Tracker is for historical reference only. It is an archive: this Tracker is retained solely for historical use. Its final update was in January 2015 and no further revisions will be made. The Tracker outlines the steps taken in the overhaul of Brussels I (the Judgments Regulation). Caution: on 10 January 2015, Brussels I was wholly repealed and superseded by Brussels I (recast). Transitional measures were nevertheless introduced. For details of those measures, refer to Practice Note: E& W Brussels I (recast)—application and exclusions. Article 73 of Brussels I, also styled the Judgments Regulation, required a review within five years of commencement to verify that it operated as intended. That review was to culminate in a report which, where suitable, might include suggestions for amending the regulation. A review did occur and, as a result, a report and a green paper were issued on 21...
ARCHIVED This archived Practice Note is no longer updated and serves solely as background information...
ARCHIVED: This Practice Note is archived and is no longer maintained. It is provided solely for historical reference, as it concerns CPR 81 as it then applied before 1 October 2020, and Practice Direction 81, which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1 October 2020, please refer instead to the CPR 81 currently in force and the Practice Notes that cover this—see: Contempt and committal—overview. For the pre‑1 October 2020 version of CPR 81 or Practice Direction 81, see: This note sets out the practical ‘nuts and bolts’ of committal applications, detailing the necessary components and ingredients, the procedural formal steps, and the hurdles that must be satisfied when pursuing committal for contempt or seeking writs of sequestration. It may be helpful to read it alongside the following Practice Notes: ...
ARCHIVED This Practice Note is archived and not maintained. Except where an appeal notice was lodged or permission to appeal was obtained before 1 October 2012, it is retained for historic purposes only. For guidance on the provisions currently in force, see Practice Note: Supreme Court—costs, fees and funding. Any rules and practice directions mentioned here will link to the present provisions rather than those effective before 1 October 2012. For the pre- October 2012 position, please refer to the attached pdf documents listed below. CPR 52 (old) CPR PD 52 (old) Costs generally The Court may make whatever order it considers just regarding the costs of any appeal or application for permission to appeal, either at the final determination of the appeal or application, or during the proceedings. Where permission to appeal is granted, the costs of the permission...
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY. It reviews the attachment of earnings framework under CCR Ord 27 before 6 April 2016 and the rollout of CPR 89. For any attachment of earnings applications lodged on or after 6 April 2016, proceed under CPR 89. See Practice Note: How to apply for an attachment of earnings order and related content. A judgment creditor may enforce their judgment debt by seeking an attachment of earnings order ( AE Order). In essence, the order requires the judgment debtor’s employer to remit a specified proportion of the debtor’s wages or salary to a collecting officer, who then forwards the sums to the judgment creditor. Such orders are governed by CCR Ord 27 and the Attachment of Earnings Act 1971. They are not generally regarded as a particularly effective enforcement route; however, the possibility of an AE Order can be...
ARCHIVED: This Practice Note has been archived and is not maintained. It is provided for historical reference only, as it concerns CPR 81 as it stood before 1 October 2020, and Practice Direction 81, which was revoked in its entirety from 1 October 2020. If you are dealing with a committal application after 1 October 2020, refer to the current CPR 81 and the Practice Notes addressing it; see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note considers committal proceedings relating to offences under the County Courts Act and certifications by the High Court. It is not designed to address the unique features of the many forms of committal-type steps that may arise where a proposed contemnor breaches the County Courts Act or a High Court...
ARCHIVED : This retired Practice Note is no longer updated and exists solely for background information...
ARCHIVED This archived Practice Note is no longer updated and exists purely for background information...
ARCHIVED: This archived Practice Note is not maintained and is supplied for background purposes only. In addition, some links may no longer direct to the provisions as they stood on the date this guidance was issued. For details of earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The changes appear in the Civil Procedure ( Amendments No 4) Rules 2015, SI 2015/1569 ( L20) and the 81st Update PD Making Document. Early Neutral Evaluation— CPR 3.1 Rule 3.1 on the court’s general case management powers has been revised to make clear that those powers extend to hearing an Early Neutral Evaluation. The justification for this alteration is recorded in the CPR Committee minutes of 12 June 2015. See Practice Note: Early neutral evaluation. Litigants in person—new CPR 3.1A A new rule 3.1A has been added, setting out how the court should...
ARCHIVED: This archived Practice Note is no longer maintained and is supplied solely for background reading. In addition, certain links may not point to the provisions as they stood when this guidance was published. Note: this Practice Note deals solely with the provisions that took effect in April 2013. It does not address any later procedural amendments (to the CPR or any other procedural rules), nor does it cover the implementation or interpretation of the April 2013 updates (or any later changes). For commentary on the Jackson Reforms one year later and on subsequent CPR updates, see Practice Note: Jackson Reforms—one year on [ Archived] and CPR updates—overview. On 1 April 2013 the Jackson Reforms, among other changes, introduced new case management provisions; the principal measures are considered below. For general information on case management, see Case...
ARCHIVED: This Practice Note is archived and is not maintained. This Horizon scanner reviews recent and forthcoming developments relevant to Dispute Resolution ( DR) lawyers as at October 2024. It reflects changes since the June 2024 edition: Dispute Resolution— Horizon scanner— June 2024. Hot topic— New Supreme Court Rules Substantial reforms to Supreme Court procedure will take effect when the Supreme Court Rules 2024 ( SCR 2024) come into force on 2 December 2024, under the Supreme Court Rules, SI 2024/949. The SCR 2024 revoke and replace the SCR 2009. However, practitioners should note that the SCR 2009 will continue to govern: appeals already in progress before 2 December 2024 applications for permission to appeal lodged before 2 December 2024 notices of appeal submitted prior to 2 December 2024 That said, the court or the registrar may order that the SCR 2009 do not...
ARCHIVED : This retired Practice Note is no longer updated and exists solely for background information...
ARCHIVED This Practice Note is archived, not updated, and provided solely for background information purposes...
ARCHIVED: This Precedent is archived and is no longer maintained. NOTE: save where an appeal notice was filed, or permission to appeal obtained, before 1 October 2012, this practice note is for historical purposes only. For guidance on the current provisions governing the respondent’s notice, see Practice Note: Responding to an appellant’s notice—the respondent’s notice. Further, the CPR rules and practice directions referred to in this guidance link to the provisions now in force, and not those effective before 1 October 2012. For the pre‑ October 2012 provisions, please see the attached pdf documents: CPR 52 (old) CPR PD 52 (old) Responding to the appellant’s notice When should a response be made? In the majority of cases where an appellant’s notice exists, the respondent will be required to file a respondent’s notice. If the respondent takes no action, they may rely only on...
Archived: This Practice Note draws on provisions that were revoked on 1 April 2013. It is accordingly preserved for historical reference only. What is a statement of costs? For the court to properly evaluate the parties' expenditure, the party applying for a costs order against an opponent must produce a 'statement of costs' in Form N260. This document details every item of expenditure claimed in the application or action, covering the entirety of the matter. The particulars to be included in Form N260 are prescribed by Practice Direction 44, paragraph 13.5(2). Costs of producing the statement of costs In certain matters, preparing the statement can be time-consuming and detailed. Surprisingly, there is no authority determining whether the expense of compiling it is recoverable. Solicitor recovery of costs from the client It can be contended that such costs ought not to be recoverable at all, since a solicitor should in any event...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It is provided purely for historical reference, as it describes Part 36 of the CPR as it stood before 6 April 2015. If you have received, or are putting forward, a Part 36 offer on or after 6 April 2015, you should consult the CPR 36 currently in force together with our Practice Notes and Precedents that address this, see: Part 36 offers—overview. Where you have made, or are in receipt of, a Part 36 offer that predates 6 April 2015, the version of the Part 36 rules in force before that date will apply. A copy of the pre‑6 April 2015 Part 36 rules can be accessed here: If you have made, or hold, a Part 36 offer predating 6 April 2015, but a trial of any part of the claim, or any...
ARCHIVED This Practice Note has been archived and is no longer maintained. It examines the provisions of Regulation 44/2001, Brussels I—also referred to as the Judgments Regulation—concerning consumer disputes. These rules are intended to protect consumers, recognised as the weaker party to a contract. The Note sets out the meaning of ‘consumer’ and reviews the various categories of consumer contracts. It further explains how jurisdiction is determined, differentiating between situations where the consumer is the claimant and where the consumer is the defendant, and identifies the different consumer types alongside the forms of contracts they may enter into. Note: from 10 January 2015, Regulation 44/2001, Brussels I was repealed in its entirety and replaced by Regulation 1215/2012, Brussels I (recast). Transitional arrangements apply. For details of those arrangements, and whether Regulation 44/2001, Brussels I still governs the matter you are addressing, see Practice Note: E& W...
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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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