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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 outlines how the Lugano Convention 2007 functions for the recognition and enforcement of foreign judgments across borders. The convention operates between EU Member States and Iceland, Norway and Switzerland. It sets out the principal rules governing recognition of a judgment and the procedural steps for its enforcement. The Practice Note distinguishes between a declaration of enforceability and a registration order, and explains their respective effect and purpose. Challenging an order permitting enforcement is also addressed in overview. For guidance on applying the convention to the UK, see Practice Note: Lugano Convention 2007—application to the UK post IP completion day (enforcement). For guidance on applying the convention to third states, see Practice Note: Lugano Convention 2007—application to third states [ Archived]. Terminology and background In this Practice Note the following defined terms are used as follows below: Originating Court—this is the court in the...
This Practice Note explores how foreign law is evidenced in proceedings before the courts of England and Wales. It sets out the different forms such proof may take and the routes by which it can be presented to the court. For wider guidance on foreign law, see Practice Note: Foreign law—guide for dispute resolution practitioners. This Practice Note also refers to the decision in Mac Millan Inc v Bishopsgate Investment Trust Plc ( No 4) (1998). In some judgments, the case is cited as MCC Proceeds Inc v Bishopsgate Investment Trust... Proving foreign law Where foreign law governs a dispute and has been pleaded, it must be demonstrated as a matter of fact. In the English courts, foreign law is treated as a factual question to be resolved on the evidence. The Court of Appeal reaffirmed this approach in Bumper Development Corp v...
Practice Note This Practice Note reviews the range of administrative tasks and post-trial steps that arise once a civil trial concludes. These include managing documents produced during the proceedings, appealing the final outcome, exploring settlement discussions, rectifying errors in the judgment, making consequential orders, recovering costs, considering funding, seeking interim relief, and enforcing the judgment where there is non-compliance. It offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which the matter is heard, additional requirements may apply—see: Court specific guidance. Post-trial issues Following conclusion of a civil trial, legal practitioners must attend to several administrative matters, including: Court bundles and counsel briefs—paper bundles will usually need to be collected from the court and from chambers, although the court may sometimes retain a set; confirm the position with the court in question Cancelling services—if the trial finishes earlier than...
Civil justice reform Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date guidance on the rules and practice of the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. The Practice Note sets out the steps for advancing a civil claim in Scotland from the lodging of defences through to the fixing of a substantive hearing (whether a legal debate or a proof/proof before answer/jury trial). Scottish civil procedure features a range of distinct procedural regimes, shaped by the type of claim and the forum. Many of these regimes focus on case management. The Practice Note examines the particular procedural rules for the following common procedures in both the Court of Session and the sheriff court: ordinary actions personal injury actions commercial...
This Practice Note outlines several frequently encountered assignment situations and the principal points to bear in mind when dealing with them, including intra-group transfers, the assignment of debts, and warranties. For insight into the requirements for a valid contractual assignment, see Practice Note: What constitutes a valid assignment of a contract? For practical and commercial factors relevant to assigning contractual rights, see Practice Note: How to assign rights under a contract. Intra-group assignment Companies within a group commonly wish to be able to transfer contractual rights between entities without obtaining consent, as a matter of internal flexibility. This can be particularly relevant where an assignee may later cease to belong to the assignor’s group. In such circumstances, the assignee might be required to assign the rights back to the assignor, or to another member of the assignor’s group, immediately on ceasing to be part of the...
This Practice Note reviews particular evidential needs backing an application to be decided without a hearing. Evidence requirements The table provides links to example witness statements for the topics itemised. Topic Practice Notes Precedents and commentary Contesting jurisdiction Contesting the court’s jurisdiction—core principles Contesting the court’s jurisdiction—has any party submitted to a jurisdiction?......
E& W Brussels I (recast)—recognition of judgments This Practice Note sets out guidance on obtaining recognition of a judgment in the courts of England and Wales under the enforcement regime in Regulation ( EU) 1215/2012, Brussels I (recast). Such enforcement has been available since IP completion day (31 December 2020 at 11 pm), provided the transitional conditions in Article 67(2) of the Withdrawal Agreement are met. For commentary on those transitional provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived], including, in particular, the main section: Recognition and enforcement of judgments. Where the transitional provisions apply, the rules and the practice direction in force immediately before implementation day (ie 31 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are termed old Part 74, with particular provisions cited as an ‘old rule’. For...
Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244( CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order ( CPR 23) Making an application in the Commercial Courts Form N244( CC) In civil proceedings, applications are ordinarily made by...
Civil claims are seldom heard by a jury. The statutory scheme for jury trial in civil proceedings appears in section 69 of the Senior Courts Act 1981 ( SCA 1981) for High Court matters and section 66(1) of the County Courts Act 1984 ( CCA 1984) for County Court matters. Under this regime, jury trial in civil cases is generally confined to disputes raising an allegation of fraud or to claims for malicious prosecution or false imprisonment. Nevertheless, even within those classes, the court may refuse a jury where specified statutory exceptions are engaged. This Practice Note examines when a civil claim (other than defamation) may proceed before a jury in the High Court or County Court. For guidance on defamation and jury trial in that setting, see Practice Note: Defamation. It remains an exceptional mode of trial in civil claims even to this...
Background The Intellectual Property Enterprise Court ( IPEC) sits within the general Intellectual Property List ( Chancery Division) and is designed to enable small and medium-sized enterprises ( SMEs) to obtain justice in IP disputes where they might otherwise be unable to bring or resist a claim. It also offers a venue for lower-value IP cases to be resolved with costs kept in proportion. The Intellectual Property List comprises two sub-lists: the Patents Court and the IPEC, and forms part of the Business and Property Courts of the High Court, which were established on 2 October 2017. For further details about the Business and Property Courts, see Practice Note: Business and Property Courts, and for commentary on how their launch affects IP matters, see News Analysis: Framework of Business and Property Courts sets ‘solid groundwork for success’. A central feature is the cap on...
This Practice Note explores what a budget discussion ( BD) report is, when one is required, and the suggested template it should follow ( Precedent R). It also offers direction on completing Precedent R and highlights possible complications in cases involving multiple parties. A set of frequently asked questions ( FAQs), with answers, is included on BD reports and likely issues... What are costs budget discussion ( BD) reports? Under the costs management regime, brought in as part of the Jackson Reforms, parties must co-operate and attempt to agree each other’s costs budget. If agreement is reached, the court records it in the costs management order ( CMO) ( CPR 3.15(2)(a) and CPR 3.15(2)(c)). Where agreement is not achieved, the court reviews the items in dispute and makes any amendments it considers appropriate before approving the budget. For further detail, see Practice Notes: Costs...
This Practice Note outlines the general principles the court applies to applications for summary judgment under CPR 24. It signposts the two-stage test in CPR 24.3, clarifies the notions of ‘real prospect of success’ and ‘compelling reason for trial’, and identifies Easyair v Opal Telecom as the leading authority. It also describes the practical judicial approach to such applications, including the burden of proof, handling factual disputes, and points of law... Amendments to CPR Part 24 and CPR PD 24—1 October 2023 From 1 October 2023, the CPR provisions relevant to summary judgment were amended: CPR Part 24 was substituted and CPR PD 24 revoked. The intention was to streamline the rules without materially changing the substantive law or practice. The numbering and placement of certain provisions have moved. As a result, authorities issued before 1 October 2023 may refer to the former text and...
This Practice Note sets out guidance on the scope of inspection within disclosure under Part 31 of the CPR in civil litigation. It also explains how the relevant CPR provisions should be interpreted and applied. Advisory note: this Practice Note refers to Retained Regulation ( EU) 2016/679 ( UK GDPR), which took effect in England and Wales on IP completion day (31 December 2020 at 11pm). For background, see Practice Note: Brexit—implications for data protection [ Archived]. Depending on the court hearing your case, you may need to consider further requirements—see: Court specific guidance. This Practice Note should be read alongside the materials listed below. It does not cover the disclosure and inspection obligations under the disclosure scheme used in the Business and Property Courts; for that, see: Disclosure Scheme ( Business & Property...
ARCHIVED: This Practice Note is archived, not maintained, and provided for background use only. Some links may no longer point to the provisions as they stood when 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. When do the changes come into force? Changes to the Civil Procedure Rules ( CPR) took effect on Sunday, 1 October 2017. The three Making documents came into force on the following dates: 89th update: 8 August 2017 90th update: 8 August 2017 91st update: 31 August 2017 Regarding the pilot schemes, these commenced as follows: Practice Direction 51Q—the County Court advisers pilot scheme. This applies to claims begun in the County Court Business Centre and the County Court Money Claims centres ( CCMCC) since 29 July 2017. It is contained in the 89th...
This Practice Note addresses practical and procedural matters that may emerge in a privacy claim. It spans multiple sequential phases of litigation, including: identifying the defendant, drafting a letter of claim, anonymising the parties, and preserving confidentiality during court hearings. Alternatives to litigation are reviewed and discussed as well. See also Practice Note: Starting a claim for misuse of private information—a practical guide. Brexit This Practice Note contains multiple references to the European Convention on Human Rights ( ECHR), which is given effect in UK law by the Human Rights Act 1998 ( HRA 1998). Brexit has produced no automatic change to either HRA 1998 or to the incorporation of the ECHR achieved through HRA 1998. The ECHR is an international treaty safeguarding human rights in states that are part of the Council of Europe, a body wholly distinct from the EU. The UK remains a...
This Practice Note presents an overview of the principal points concerning a members’ voluntary liquidation ( MVL) from a dispute resolution perspective. What is a MVL? An MVL is the procedure by which a company, via a resolution of its members, elects to cease its operations and progress towards dissolution. Throughout the process, a licensed insolvency practitioner, authorised by a recognised professional body, must be appointed as the company’s liquidator. An MVL is usually chosen where a solvent company has fulfilled its purpose and the members no longer wish to keep it as a corporate vehicle. It is also adopted where members intend to realise their investment in a solvent company. For further reading, see Practice Note: What is a members’ voluntary liquidation and when is it typically used? If the company is insolvent, an alternative route is required, such as a creditors’ voluntary...
Read this Practice Note alongside Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes multiple references to the European Convention on Human Rights ( ECHR), which is given effect in UK law by the Human Rights Act 1998 ( HRA 1998). Brexit has not, by itself, altered HRA 1998 or the ECHR’s incorporation through that Act. The ECHR is an international treaty that protects human rights across the member states of the Council of Europe, a body wholly distinct from the EU. The UK remains within the Council of Europe. The EU- UK Trade and Cooperation Agreement confirms that the arrangement leaves the UK’s ECHR obligations unchanged and allows the agreement to be brought to an end if either party denounces the ECHR. For further information, see: Q& A: What does Brexit mean for the Human Rights Act 1998? LNB News...
This Practice Note offers guidance on the timing of service of the claim form. The claim form must be served during its validity period, ie after the date of issue of the claim form and before the deadline set by CPR 7 or a specific statute. The Practice Note describes the validity period and then explains how to identify both the date of issue and the last date for service. The deadlines differ according to whether service is in England or Wales, or in another jurisdiction. The Practice Note also sets out example scenarios for determining the date on which the claim form is treated as issued. A central point when fixing the time allowed for service is that the particulars of claim, although they do not have to be served with the claim form, must likewise be served within the claim form’s...
ARCHIVED: This Practice Note is archived, not kept up to date, and provided solely for background reference. In addition, certain links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. For more on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. CPR 45—fixed costs The Ministry of Justice has signed the April 2018 Update to the Civil Procedure ( Amendment) Rules 2018, SI 2018/239, which details changes scheduled to take effect on Friday, 6 April 2018. The SI has now been signed......
Allocation of jurisdiction within the UK under the CJJA 1982 This Practice Note explores how jurisdiction is apportioned across the UK under the Civil Jurisdiction and Judgments Act 1982 ( CJJA 1982). It examines the scope of that regime and the conditions that must be satisfied for it to apply, and considers its interaction with Regulation 1215/2012, Brussels I (recast) (the Regulation). It sets out the primary rule together with the departures from it, and, lastly, addresses forum non conveniens in this setting. The CJJA’s intra- UK jurisdiction framework is designed to furnish rules allocating jurisdiction inside the UK itself. Distinct rules and factors arise when assessing whether UK courts possess jurisdiction over a claim that contains an international dimension. The UK comprises four countries, yet there are only three legal jurisdictions, and CJJA 1982, s 50, describes each as ‘parts of the...
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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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