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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 explains the circumstances and methods by which parties may seek to limit or exclude liability for misrepresentation, by invoking section 3 of the Misrepresentation Act 1967 ( MA 1967) together with the section 11 reasonableness test under the Unfair Contract Terms Act 1977 ( UCTA 1977). Note: from 1 October 2015, UCTA 1977 applies only to business-to-business contracts; for consumer contracts, see sections 61–76 of the Consumer Rights Act 2015 ( CRA 2015). For guidance on rescission and damages arising from misrepresentation, see: Misrepresentation—damages as a remedy Misrepresentation—rescission as a remedy For related matters, including: Entire agreement clauses and their role in limiting or excluding liability for misrepresentation—see Practice Note: Contract interpretation—entire agreement clauses Non-reliance clauses used to exclude or limit liability for misrepresentation and the notion of ‘contractual estoppel’—see Practice Note: Contractual...
This Practice Note explores the availability of damages as a remedy for a misrepresentation claim, with reference to the Misrepresentation Act 1967 ( MA 1967)... For analysis of when the courts will set aside a contract for misrepresentation and when parties may validly exclude or restrict liability for misrepresentation, see the following Practice Notes: Misrepresentation—rescission as a remedy Misrepresentations—excluding and limiting liability for them When can you claim damages as a remedy for misrepresentation? MA 1967 supplies a statutory foundation for seeking damages in cases of misrepresentation under MA 1967, s 2, in addition to the common law action for damages for fraudulent misrepresentation or the closely related tort of deceit......
ARCHIVED: This archived Practice Note explores the use of mediation‑arbitration (med‑arb) to resolve commercial disputes. It is not maintained and is provided for background purposes only. For general information on alternative dispute resolution ( ADR), see ADR and dispute resolution clauses—overview. For guidance on mediation, see Mediation—overview. Med‑arb is suitable for a wide array of commercial disputes. It is appropriate, for example, for international or cross‑border matters in the construction, energy and infrastructure sectors. What is med-arb? Med‑arb is a hybrid, two‑stage ADR mechanism. Typically, the parties authorise the mediator to convert automatically into an arbitrator and to issue a legally binding arbitral award if the mediation does not achieve a settlement of the dispute. The arbitration stage is legally binding, and the arbitrator’s award is enforceable like one made in standard arbitration proceedings, a feature that is generally...
Section 32 of the Limitation Act 1980 ( LA 1980) This Practice Note examines LA 1980, s 32, with a focus on the court's approach to delaying limitation where claims feature fraud, deliberate concealment (including the deliberate commission of a breach of duty in circumstances unlikely to be uncovered for a period), and mistakes of law or fact. It also clarifies what amounts to 'reasonable diligence' for the purposes of s 32(1). For summaries of illustrative decisions, including those bearing on limitation under s 32, see the following Practice Notes: Limitation—illustrative decisions Limitation and extensions of time—key and illustrative decisions [ Archived] For guidance on when an extension to a limitation period may otherwise be permitted under the LA 1980, see: Limitation—extensions of time under the Limitation Act 1980 Limitation—latent damage For general guidance on limitation issues, see:...
This Practice Note examines how the Limitation Act 1980 ( LA 1980) operates, outlining its role and the circumstances and manner of its application. For help calculating limitation periods under LA 1980, including general rules on when time begins to run and when a claim is treated as ‘brought’ for limitation purposes, see Practice Note: Limitation—when will it end? For a summary of the principal limitation periods under LA 1980, see Practice Note: Limitation—the principal limitation periods. The function of limitation periods Statutory limitation periods aim to calibrate a balance between interests that compete and at times clash: the interest of the claimant in having the widest possible chance to pursue claims for legal redress, and the interest of the defendant in not being required to answer stale proceedings because: it is unjust for the...
This Practice Note This Practice Note reviews the personal exposure of expert witnesses in civil litigation; for instance, experts can be referred to professional bodies and regulators. It examines an expert’s protection from claims by their own client (with reference to the Supreme Court’s ruling in Jones v Kaney) and by the other side (considering Baxendale- Walker v Middleton), together with the rationale and ramifications of the decision in Kaney. It also addresses non-party costs orders against defaulting experts, and the scope for committal and contempt of court proceedings where an expert gives a false statement. Practical guidance on expert witness immunity is included. Experts, and those who may act as experts, must be fully informed of their obligations and adhere to them. Non-compliance can lead to a range of outcomes, including diminishing the weight attached to the expert evidence, adverse costs...
This Practice Note examines the statutory route for presenting a winding-up petition on the just and equitable basis under section 122(1)(g) of the Insolvency Act 1986 ( IA 1986), explaining its nature and when it may safeguard minority shareholders’ interests. It outlines who may petition, which companies can be targeted, and the rationale for ordering a company to be wound up (including unfair prejudice). It also addresses the relevance of the petitioner’s own behaviour (such as delay) and the remedies available. For a guide to terminology used in this Practice Note—see the section below: Key terms encountered when applying for a winding-up on the just and equitable ground. For procedural guidance, see Practice Note: Just and equitable winding-up - the procedure. What is a just and equitable winding-up petition? A petition to wind up a company on the just and equitable ground is a...
This Practice Note considers allocation (by the court) of defended civil claims to one of the case management tracks: the small claims track, fast track, intermediate track or multi-track. It explains what is meant by 'allocation' and summarises the principal features of each track. The Note focuses on defended civil claims and the court's role in placing them on the appropriate case management path. The framework for allocating civil claims differs by the date proceedings are issued: Issued before 1 October 2023: three case management tracks—the small claims track, fast track and multi-track. Issued on or after 1 October 2023: four case management tracks—the small claims track, fast track, intermediate track and multi-track. For personal injury matters, the applicable rules turn on when the cause of action arises; for disease claims, they depend on when the first letter of claim is sent...
This Practice Note reviews the acknowledgment of service form, outlining what it is, when it must be used, and the consequences of not filing an acknowledgment of service. It also sets out the deadlines for doing so, which depend both on the court in which the matter is proceeding and whether it is a Part 7 or Part 8 claim form. The requirements governing acknowledgment of service are set out in Part 10 for Part 7 proceedings and in Part 8 for Part 8 proceedings. For practical help on completing an acknowledgment of service form, and on problems that may occur where the form has not been completed properly, see Practice Note: Acknowledgment of service—completing the form. Note that: The rules for acknowledgment of service are contained in Part 10 for Part 7 claims and in Part 8 for Part 8 claims. Part 10 was...
This Tracker gathers a range of illustrative rulings that may offer insight into the factors a court may regard as relevant when deciding whether to make or grant an order for alternative service in matters where the defendant/respondent is located in England and Wales ( England), or where a contract provides for service in England even though the defendant is in another jurisdiction. Note that the service provisions in Part 6 underwent major revision in 2008, and any authorities predating that reform are excluded from this tracker as they may not fully reflect the current position. For illustrative decisions with cross-border dimensions, see Practice Note: (cross border). For guidance on different aspects of alternative service, see the following Practice Notes: Alternative service—principles Alternative service—types of alternative service Serving court documents on persons unknown Alternative...
Parties to a ‘construction contract’ are entitled to refer any crystallised dispute to adjudication at any time. For further detail, see the following Practice Notes: Practice Notes The right to adjudicate Adjudication—is there a ‘dispute’? What is a construction contract under the HGCRA 1996? Where the right to adjudicate is available, the next step is to assess whether adjudication is a workable method of resolving the matter. There is a statutory 28‑day timetable for adjudication, which may render it unsuitable for very large or highly complex claims. This constraint can be alleviated if the parties agree to extend the period within which the decision must be issued, or if the referring party splits the case into more than one adjudication. Even so, if the claim cannot be fairly determined within the restricted timeframe, adjudication may not be the...
The general rule for detailed assessment The standard position on when detailed assessment occurs is set out in CPR 47.1: the costs of any part of the case are not to be determined by detailed assessment until the case has concluded. This is chiefly to allow costs to be considered as a whole. However, as confirmed in Rawlinson & Hunter Trustees SA (in its capacity as trustee of the Tchenguiz Settlement) v ITG Ltd (2015), the court may depart from the default position and order assessment of costs at any stage of the proceedings. Such directions stipulate assessment “forthwith”, “immediately”, or similar, and are commonly described as “forthwith orders”, the term used in this Practice Note. Detailed assessment—where proceedings have not been concluded Even if the proceedings have not finished, detailed assessment may proceed where: the court has made an award of...
The UK GDPR regime This Practice Note offers a concise high‑level overview of the rules concerning cross‑border scope and the designation and appointment of representatives under the following: the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) framework; and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) framework (in force under UK law from the close of the Brexit implementation period on 31 December 2020) Assimilated law is the label applied to retained EU law ( REUL) that continues to operate after the end of 2023. Re‑classification of REUL (and related terminology) as assimilated law signals a shift in its status and handling under UK law, so that it is, in general, construed in line with ordinary UK domestic legal doctrines and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law because it is...
ARCHIVED: This archived Practice Note is no longer maintained and offered for background information only...
Tracker Use this Tracker to confirm if a state is a signatory to the Hague Convention on Choice of Courts Agreements and whether the Convention is already in effect for that jurisdiction. Albania — In force: 1 October 2024. Ratified: 25 June 2024. Signed: 13 February 2024. HCCH website: Albania—the Convention enters into force; HCCH website: Albania signs the Choice of Court Agreements Convention; HCCH notification: Albania ratifies the Choice of Court Agreements Convention. Australia — Signed: No. The Joint Standing Committee on Treaties in 2017 backed accession to the Convention and advised that binding treaty action be undertaken. For information, see Australian Parliament— Convention on Choice of Courts accession. Bahrain — In force: 1 July 2025. Acceded: 13 March 2025. For information, see: Bahrain accedes to the Choice Of Court Convention. China — Approval, ratified or...
ARCHIVED: This Practice Note is archived and no longer maintained. It offers contextual guidance on the main types and doctrines of EU law and legislation, and considers how Brexit affects EU-derived law and legislation in the UK, as background reading. For more detail on this topic, see the Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For broader Brexit materials, see: Brexit collection. This Practice Note is not maintained. Effect of Brexit on EU law in the UK The UK ended its EU membership at 11 pm on 31 January 2020 (exit day). From that moment, directly applicable EU law no longer applied to the UK under the EU Treaties, and the UK was no longer bound by duties under those treaties, which oblige Member States to ensure their domestic legislation complies with obligations set out in EU laws. EU law itself, and its...
ARCHIVED: This Practice Note is archived, is not maintained, and is supplied for background reference only. In addition, some links may no longer lead to the provisions as they stood at the time the guidance was published. For information on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Underlying documents The Civil Procedure ( Amendment) Rules 2016, SI 2016/234 sets out revisions to the Parts of the CPR. The Making Document, issued by the Ministry of Justice on Thursday 25 February 2016, details changes to the practice directions. Coming into force date February 2016 23 February 2016—amendments to CPR PD 12 concerning Default Judgment. These changes reflect last year’s commencement of the Hague Convention on the Choice of Court Agreements 23 February 2016—amendments to CPR PD 74A on Enforcement of judgments in different...
This Practice Note reviews the Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (1965) (the Hague Service Convention). The convention applies between contracting parties and prescribes how service of documents should be effected. This Practice Note does not consider whether the court’s permission is needed to serve documents outside England and Wales ( England). For guidance, see Practice Notes: Cross-border service—a guide for dispute resolution practitioners and Cross-border service—is permission required to serve a defendant who is outside England and Wales? For an understanding of the convention, the Hague Convention on Private International Law ( HCCH) provides useful FAQs and a two-page outline. It also publishes a detailed Practical Handbook on the Operation of the Service Convention, which must be purchased. Note that the handbook has superseded the Explanatory Report on the Hague Service...
ARCHIVED: This Practice Note is archived, is not being updated and is provided solely for background reference. In addition, certain links may no longer point to the provisions as they stood when the guidance was first issued. For details on earlier and/or later changes to the CPR, refer to: CPR updates—overview and Procedure Rule Committee minutes—overview. New Rolls Building electronic working pilot scheme ( CPR PD 51O) Date in force : Monday 16 November 2015 CPR PD 51O sets out a new, optional electronic working pilot that will commence on Monday 16 November 2015 for a period of one year. It extends to both fresh and ongoing cases within the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court ( TCC), the Mercantile Court and the Admiralty Court at the Royal Courts of Justice ( RCJ), Rolls Building,...
Heads of terms This Practice Note explores heads of terms (frequently called a memorandum of understanding ( Mo U), letter of intent ( LOI), comfort letter, pre-contract protocol, term sheet or heads of agreement) within commercial transactions. It examines what heads of terms are, how courts assess whether they are legally effective, the familiar label ‘subject to contract’, methods for creating binding provisions, the obligation to negotiate in good faith, and the clauses commonly included. It also looks at which provisions are typically meant to be binding and offers drafting guidance on points to weigh and include. This Practice Note further explains how the final contract should supersede the heads of terms. For heads of terms for a commercial arrangement and drafting commentary, see Precedent: —commercial contracts. We have created a collection that is a comprehensive, interactive tool for managing contracts across their key...
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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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