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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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The legal costs position in probate claims The cost landscape in probate disputes is frequently misconstrued. This Practice Note addresses: the costs position in proceedings challenging the validity of a Will, and applications under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) The starting point-the general rule A widespread myth is that the estate routinely meets the litigation costs. That is wrong. CPR 44.2 governs both probate proceedings and I( PFD) A 1975 claims. The usual rule is that costs follow the event. A losing party will ordinarily be ordered to pay some or all of the successful party’s costs ( CPR 44.2(2)), subject to the court’s discretion. The court may exercise that discretion by assessing conduct. Conduct ( CPR 44.5) covers behaviour before and during the claim, including the extent of compliance with any...
This Practice Note offers a hands-on overview of the first actions a deputy should take once appointed. Checking and understanding the deputyship order The deputy must review the deputyship order and become fully acquainted with its terms, so they know precisely which decisions they are authorised to make for the protected person ( P). If any mistakes are identified, they should be put right without delay. Minor slips, such as a misspelt name, can usually be dealt with informally through the Court of Protection; however, more significant errors should be addressed by lodging a COP9 application within the proceedings. If the deputy does not alert the court to any errors within 21 days of the date the order was sent to them, they may have to pay for a further application to remedy the issue. Common decisions covered by health and welfare orders...
This Practice Note This Practice Note outlines the functions of the Family Court, or a judge of the Family Court, that a justices’ legal adviser may perform under the Family Procedure Rules 2010 ( FPR 2010), as set out in FPR 2010, PD 2C. From 6 April 2020, ‘justices’ legal adviser’ replaced the former term ‘justices’ clerk’ in the FPR 2010. In England and Wales, a justices’ legal adviser has a pivotal role in supporting the Family Court. They are authorised to undertake a variety of functions, subject to specified exceptions and restrictions. The functions of the Family Court, or of a Family Court judge, that can be carried out by a justices’ legal adviser are prescribed in FPR 2010, PD 2C, and are subject to certain limitations; see Practice Note: The Family Court-judicial allocation- Functions of the different levels of the Family Court...
This Practice Note This Practice Note explains the statutory duty in section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) and in Schedule 5, Part 5 of the Civil Partnership Act 2004 ( CPA 2004), requiring the court, on an application for a financial order, to evaluate the parties’ income and earning potential. It also outlines how to assess income figures, the position of primary carers, choices about employment, income in the past and future, those who are out of work, and earning capacity. Under MCA 1973, s 25(2)(a), the court is obliged to consider each party’s income, earning capacity, property and other financial resources available now or likely to arise in the foreseeable future, including, in relation to earning capacity, any enhancement it would, in the court’s view, be reasonable to expect a party to take steps to obtain. A...
The Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) The 1970 Hague Convention sets out how divorces and legal separations are recognised in a contracting state when the decree was granted in another contracting state, provided the proper legal process of the state of origin was followed. From 31 January 2020 (exit day), the UK left EU membership and ceased participation in the EU’s political institutions and governance structures. Under the transitional provisions in Part 4 of the Withdrawal Agreement, exit day began an 11‑month implementation period (from 11 pm on exit day until 11 pm on 31 December 2020 (implementation period ( IP) completion day)) during which the UK and the EU agreed the UK would be treated as a Member State for the purposes of international agreements. The...
This Practice Note outlines the principal areas of family law, providing an entry point to practical guidance for experienced family practitioners, and doubling as a training aid for those new to the field, including trainee solicitors and paralegals. It signposts practical guidance across a range of topics, with introductory notes and navigation to resources such as Practice Notes, Procedural Guides, Client Guides, Precedents, Flowcharts, Forms and Calculators. Alongside directing users to key aspects of family law practice, it introduces the following common areas (in alphabetical order): Cohabitants Divorce and dissolution of civil partnership (applications issued before 6 April 2022) Divorce and dissolution of civil partnership (applications issued on or after 6 April 2022) Domestic abuse Financial applications Marital/civil partnership agreements Private children Public children Key aspects of family law...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), with the President of the Family Division’s approval, now supersedes and replaces the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of...
Practice Note: Orders under section 91(14) of the Children Act 1989 This Practice Note outlines the overarching principles governing orders made pursuant to section 91(14) of the Children Act 1989 ( Ch A 1989), which operate to restrain further applications under that Act unless and until the court grants leave. It identifies the prerequisites for an order under Ch A 1989, s 91(14) (s 91(14) orders), the period an order may run, and the matters the court ought to weigh. It then addresses guidance for cases involving litigants in person. Ch A 1989, s 91(14) states that, when disposing of any application for an order under Ch A 1989, the court may direct that no application for an order under that Act of any specified kind shall be issued concerning the child in question by any person named in the order without the court’s leave. This...
This Practice Note This Practice Note outlines the initial actions to be weighed and undertaken for a contempt application within family proceedings under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 37 (commonly called ‘committal proceedings’). It addresses the mandatory formalities before issuing any contempt application, such as (where applicable) the requirement for a penal notice on the order said to be breached, and the requirement for personal service of that order on the defendant. It also reviews the various categories of contempt. A pre-application checklist is provided. For further guidance on progressing a contempt application, including the rules for an application notice and service, see Practice Note: Family contempt proceedings—making and serving the application; and for guidance on the hearing of contempt proceedings—covering the standard of proof in a contempt application and the court’s available powers—see Practice Note: Family...
Practice Note This Practice Note outlines the procedural requirements for applications under Schedule 1 to the Children Act 1989 seeking capital or maintenance for a child. It also addresses the financial remedy framework in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, the court’s power to vary orders made under Ch A 1989, Sch 1, and the relevant costs regime. Applications under Ch A 1989, Sch 1 are governed by FPR 2010, SI 2010/2955. While an order under Sch 1 is a ‘financial remedy’, these proceedings are not ‘financial remedy proceedings’ as defined in FPR 2010, SI 2010/2955, 28.3(4)(b); accordingly, the usual ‘no order as to costs’ position does not apply—see: Costs in Schedule 1 cases. The fast‑track (shortened) financial remedy route previously applied to all Sch 1 applications; however, only an application seeking periodical payments alone will be dealt with...
Practice Note This Practice Note summarises the eight bases on which a marriage is voidable under section 12 of the Matrimonial Causes Act 1973 and reviews the pertinent case law. The grounds include: Inability to consummate Deliberate refusal to consummate Absence of consent (including forced marriage protection orders) Mental disorder Venereal disease Pregnancy Interim gender recognition certificates Situations concerning acquired gender From 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect. While DDSA 2020 altered the law for proceedings involving divorce, dissolution and judicial separation, it did not change the substantive law governing nullity. Accordingly, the grounds on which a marriage or civil partnership is void or voidable remain as before. There are, however, consequential procedural amendments under the updated Family Procedure Rules 2010 ( FPR 2010), SI...
This Practice Note examines the offences of controlling or coercive behaviour under section 76 of the Serious Crime Act 2015 ( SCA 2015) and causing or allowing a child or vulnerable adult to die or suffer serious physical harm under section 5 of the Domestic Violence, Crime and Victims Act 2004 ( DVCVA 2004). For information on domestic abuse, see: Domestic abuse—overview. Controlling or coercive behaviour offence under the Serious Crime Act 2015 Under SCA 2015, s 76, controlling or coercive behaviour within an intimate or family relationship is a criminal offence where the conduct has a serious effect on the victim. The offence was introduced to address a perceived gap in the law regarding patterns of controlling or coercive behaviour that may occur during a relationship between intimate partners, former partners who remain living together, or family members, where isolated incidents would not, on their own,...
At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU came to a close. In UK law this is termed ‘ IP completion day’, when the core interim arrangements ended and material changes took effect across the UK’s legal framework. This carries consequences for practitioners evaluating enforcement matters. For additional guidance, refer to Practice Note: Family proceedings with EU connections—toolkit. See also Practice Note: Jurisdiction EU— Impact of Brexit. The reciprocal arrangements in this Practice Note deal with the position as to: enforcement outside the EU enforcement in EU Member States after 31 December 2020 where transitional provisions provided for by the Jurisdiction and Judgment ( Family) ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/519, reg 8(2) (as amended) do not apply See also Practice Note: Enforcement with EU Member States. In every...
Accelerated first appointment procedure This Practice Note reviews the accelerated first appointment route described in the Financial remedies guide ( March 2026) (the FRG). It explains when it may properly be invoked, the compliance steps required to follow the procedure, the way an application is ultimately decided, and the circumstances in which it is not available for use. It further covers preparing an agreed directions order, use of the financial remedies online platform, and provision for a private financial dispute resolution appointment. In the Financial Remedies Court, first appointments may appropriately be managed by an accelerated process (distinct from the fast‑track procedure and the express financial remedy procedure pilot). Parties at every judicial tier are ‘encouraged’ to settle directions by consent in accordance with this model, thereby dispensing with the attendance of parties and legal representatives at the first appointment hearing. The scheme...
This Practice Note signposts key family precedents available in Lexis+® UK for use in financial remedy proceedings, including precedent letters to clients, experts and third parties, plus first appointment documents with accompanying drafting notes. It also provides links to the financial standard orders published as part of the standard orders project. Lexis+® UK financial provision client guides—precedent letters that family law practitioners may send directly to clients—are likewise included. For details of other essential family precedents on Lexis+® UK, see Practice Note: Fast find key family precedents. Marital/civil partnership agreement precedents The following pre-nuptial or pre-partnership precedents are intended for couples planning to marry or enter a civil partnership who wish to regulate their financial responsibilities and liabilities towards each other if divorce or dissolution follows. The client guides are precedent letters for clients explaining the implications of entering into a...
This toolkit This toolkit gathers a range of resources and constitutional documents tied to the Financial Remedies Court ( FRC), notably the Financial Remedies Guide ( March 2026) (the FRG), which supersedes both efficiency statements, together with template ES1 (composite case summary) and template ES2 (composite schedule of assets and income). It also sets out an overview of the available Practice Notes to support practitioners running cases in the FRC. The FRC operates as a subsidiary structure within the Family Court, with the core aim of enhancing the delivery of financial remedies. See also Practice Note: The Financial Remedies Court. The FRG (issued on 13 March 2026) revised and brought together the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level ( January 2022) (the below High Court judge level efficiency...
Practice Note This Practice Note explains the purpose and framework of the Financial Remedies Court ( FRC), a constituent structure within the Family Court. It identifies the categories of cases that can be handled in the Financial Remedies Court and the steps to be taken on an application. It also outlines guidance and standards of good practice for work in the Financial Remedies Court. On 13 March 2026, the Financial remedies guide ( March 2026) (the FRG) was issued with the authority of the President of the Family Division. It updates, consolidates and replaces the following: Statement on the efficient conduct of financial remedy cases allocated to a High Court judge, whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High...
STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, now supersedes and replaces the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the...
Pre- IP completion day and transitional position in relation to proceedings in England and Wales and EU enforcement This Practice Note outlines the pre- IP completion day and transitional landscape for proceedings in England and Wales and EU enforcement, addressing the meaning of maintenance for international enforcement in an EU Member State, the relevant inward and outward procedures, the role of Central Authorities and the relevant statutory provisions, with regard to the implications of Brexit. It also provides practical guidance on the Maintenance Enforcement Business Centre. At 11pm ( GMT) on 31 December 2020, the transition/implementation period following the UK’s withdrawal from the EU ended. At that moment (termed ‘ IP completion day’ in UK law), key transitional measures expired and substantial changes took effect across the UK’s legal regime, with consequences for practitioners addressing enforcement issues. Under its...
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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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