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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 provides information on the key court fees payable for family proceedings in the Family Court and the High Court as set out in Schedule 1 to the Family Proceedings Fees Order 2008 ( FPFO 2008), SI 2008/1054. This Practice Note outlines the main court fees payable for family cases in the Family Court and the High Court, as prescribed in Schedule 1 to the Family Proceedings Fees Order 2008 ( FPFO 2008), SI 2008/1054. It identifies the fees due from 8 April 2025; for amounts that applied earlier, refer to Schedule 5 to the Court and Tribunal Fees ( Miscellaneous Amendments) Order 2025, SI 2025/351. Most fees relevant to family proceedings sit within the FPFO, SI 2008/1054, which is amended whenever any of the entries in Schedule 1 to that instrument change. The latest revisions to the fees set out in the FPFO, SI...
The impact that bankruptcy and divorce proceedings have on one another Decisions in both the bankruptcy and family courts have repeatedly grappled with how each process affects the other. It is, regrettably, frequent for a bankruptcy to be underway at the very time a marriage is ending, and running both together often generates friction: the competing pull of creditors’ claims against the needs of the bankrupt’s spouse and any dependants. The family court’s task is to craft a property adjustment order, apportioning the parties’ assets with an eye to their future requirements, including provision for children and other dependants. By contrast, the bankruptcy court is concerned with distributing the bankrupt spouse’s estate strictly in line with the statutory insolvency scheme. That clash of objectives must be evaluated with particular care, and, above all, the chronology—when the bankruptcy commenced as against when any property...
Please note that this Practice Note reflects the law currently in force in England as it stands. In Wales, this subject area is governed by the Social Services and Well-being ( Wales) Act 2014 together with the related statutory instruments. General duties of the local authority In each local authority area, the safeguarding partners are namely: the local authority integrated care boards, any part of which falls within the local authority area the chief officer of police for a police area, any part of which falls within the local authority area These partners are required to put in place arrangements for themselves and relevant agencies to collaborate in exercising their functions, with the clear aim of safeguarding and promoting the welfare of children within the area. All partners and agencies identified in the Child Safeguarding Practice Review and Relevant Agency ( England)...
Where the court concludes that an applicant has not received reasonable financial provision, it may make an order under section 2 of the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975). The court’s powers extend to orders for: periodic payments a lump sum payment the transfer of property the settlement of specified or identified property variation of an ante- or post-nuptial settlement variation of the trusts on which the estate is held In practice, the order most frequently made is a lump sum to the applicant. The foundation for any award is the concept of ‘reasonable financial provision’. For a spouse or civil partner, this denotes such financial provision as it would be reasonable, in all the circumstances of the case, for a spouse or civil partner to receive, whether or not needed for...
This Practice Note sets out the situations where you may seek a top-up maintenance order after the Child Maintenance Service ( CMS) has issued a maximum maintenance calculation and the non-resident parent’s ( NRP) gross income surpasses a stated threshold. It guides you through making an application under the Matrimonial Causes Act 1973 ( MCA 1973), the Civil Partnership Act 2004 ( CPA 2004) and the Children Act 1989 ( Ch A 1989) for a top-up order. It also addresses possible orders relating to step-children. For background and practical direction on the statutory child support scheme, see: Child Maintenance Service—overview. Applicable law You may apply to the court for a ‘top-up’ order once the CMS has completed a maximum maintenance calculation and the NRP’s gross weekly income is more than £3,000. The court must be persuaded that, on the facts of the case, it is...
This Practice Note provides guidance on evidence in public children proceedings including admissibility, credibility, competence and compellability. It further outlines the rules on children’s evidence and guardian reports, alongside guidance on: evidence from children and reports prepared by guardians investigative interviews and hearsay radicalisation cases disclosure of earlier criminal convictions sharing evidence with the police or the Crown Prosecution Service ( CPS) For practical guidance on expert evidence, see Practice Note: Expert evidence in public children proceedings. Where proceedings overlap with criminal matters, see Practice Notes: Public children—interaction between criminal and care proceedings and The disclosure of information between family and criminal agencies and jurisdictions. For general procedure in public children proceedings, see Practice Note: Public law children procedure— Public Law Outline. Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 3A, read with FPR 2010, PD 3AA, make...
Practice Note This Practice Note explains the effect of human rights law on public children proceedings, highlighting art 6 (right to a fair trial) and art 8 (right to respect for private and family life) of the European Convention on Human Rights ( ECHR), which are given domestic force by the Human Rights Act 1998 ( HRA 1998) as a Schedule. It also offers guidance on human rights considerations where a family member is unaware of a child’s existence, the significance of human rights for local authority decision‑making, and remedies for breaches. Public children proceedings must be run in line with human rights obligations, and any order sought must be lawful and proportionate. HRA 1998 should be taken into account both within and outside court, but must not be relied upon to shore up weak cases; see: General principles. Human rights issues ought to be...
This Practice Note explains the actions the court expects parties to take before starting private law children proceedings under the Children Act 1989 ( Ch A 1989), aligning with the pre-application obligations in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 3, and the relevant Practice Directions, FPR 2010, PD 3A and FPR 2010, PD 12B. It provides guidance on the requirement to attend a mediation information and assessment meeting ( MIAM). It also reviews the terms of the Pre-application Protocol: private law proceedings relating to children (the protocol), which is appended to FPR 2010, PD 12B, and sets out the steps the court anticipates parties will take towards non-court dispute resolution ( NCDR), where safe and suitable, before any application for an order in private law children proceedings is begun. To further promote...
This Practice Note This Practice Note sets out solicitors’ mandatory duties to give clear, comprehensive costs information to privately funded clients. It covers what should be included in client care letters, cost/benefit analysis, exposure to another party’s costs, and funding aspects such as legal services orders and Sears Tooth agreements. A matter will be privately funded where: the client has agreed to pay their fees from their own resources, and their obligation to pay is not dependent on a particular event, eg winning the case See Practice Note: Funding—charging for family law services for the different approaches to privately funded work. Professional obligations The Solicitors Regulation Authority ( SRA) Standards and Regulations apply. Key components include the SRA: Principles Code of Conduct for Solicitors, registered European lawyers ( RELs) and registered foreign lawyers ( RFLs) Code of Conduct for Firms ...
The statutory framework for private fostering is set out in Part IX of the Children Act 1989 ( Ch A 1989). In England, the applicable regulations are the Children ( Private Arrangements for Fostering) Regulations 2005 ( C( PAF) R 2005), SI 2005/1533, and in Wales they are the Children ( Private Arrangements for Fostering) ( Wales) Regulations 2006 ( C( PAF)( W) R 2006), SI 2006/940. Meaning of ‘privately fostered child’ A ‘privately fostered child’ is a child under 16, or under 18 if disabled, who is looked after and housed by a person who: is neither a parent nor a relative of the child does not hold parental responsibility for the child, and cares for the child within their own home However, a child will not be regarded as privately fostered where the care and...
This Practice Note examines the notion of ‘private’ deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights ( ECHR), in relation to people who lack material decision-making capacity. A private deprivation of liberty arises where the relevant care or treatment is not directly commissioned or paid for by the state but by private individuals—for example, where the person’s family arranges support and meets the costs from the person’s own resources or family funds. A private deprivation of liberty could occur in: a hospital or care home (for instance, the person or their family securing and funding a private placement without any involvement from a public authority) supported living or ‘shared lives’ accommodation (sometimes called adult placements) domestic settings (where the person resides in a family home or lives alone in ordinary,...
Reviewing 2017 This year’s annual review reflects on key developments in public and private children in 2017, spanning adoption and the welfare principle, large sibling groups and care planning, covert recordings, and the updated Family Procedure Rules 2010 ( FPR 2010), PD 12J. It also features updates on Lexis Nexis® content and outlines what is coming up over the next 12 months... Evidence and procedure What happened? A revised FPR 2010, PD 12J took effect on 2 October 2017... What are the key implications? The introduction of the new FPR 2010, PD 12J followed a report from the working group chaired by Cobb J, commissioned by the President of the Family Division, Sir James Munby, after the 2016 recommendations of the all-party parliamentary group on domestic violence. The President asked Cobb J to review FPR 2010, PD 12J to determine whether changes were required. That report, together with a draft...
This Practice Note This Practice Note outlines the requirements for compiling court bundles in all proceedings other than those for a financial remedy. It addresses the bundle’s structure, contents and permitted document length as mandated by the Family Procedure Rules 2010 ( FPR 2010), at FPR 2010, PD 27A. It further provides practical direction on preliminary documents and position statements within bundles for use in all proceedings other than a financial remedy. This Practice Note should be read alongside the general bundle requirements in FPR 2010, PD 27A for all family proceedings—see Practice Notes: Preparation of court bundles in family proceedings; Page limits in bundles—proceedings other than financial remedy proceedings; and Preparation of court bundles in proceedings other than financial remedy proceedings—checklist. FPR 2010, PD 27A draws important distinctions between bundles in financial remedy proceedings (set out at FPR 2010, PD 27A, paras...
This Practice Note This Practice Note outlines the supplementary and alternative obligations for compiling court bundles in financial remedy cases, covering the bundle’s layout and contents and the permitted length of documents as set out in the Family Procedure Rules 2010 ( FPR 2010), in particular FPR 2010, PD 27A. It takes account of the Financial Remedies Guide ( March 2026) (the FRG), in which the efficiency statements for High Court judges and for judges below High Court level were combined and adopted from 13 March 2026. It further offers practical direction on preliminary documents and position statements to be included in bundles for use in financial remedy proceedings. Compliance with FPR 2010, PD 27A is required to secure uniformity across England and Wales in the Family Court and the Family Division of the High Court in the preparation and filing of bundles. In...
This Practice Note This Practice Note outlines the core rules for assembling court bundles in all family proceedings, covering which documents belong in the bundle, the required format, lodging rules, and limits on document and bundle size under the Family Procedure Rules 2010 ( FPR 2010), in particular FPR 2010, PD 27A. It offers practical direction on who must compile the bundle and the repercussions for breaching these requirements. It also describes the amendments to FPR 2010, PD 27A that take effect on 2 March 2026, the differing bundle expectations for various categories of proceedings, and the arrangements to be made for the collection and removal of bundles from the court. Compliance with FPR 2010, PD 27A is necessary to ensure consistent practice across England and Wales, in both the Family Court and the Family Division of the High Court, for the...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 will be governed by the provisions of DDSA 2020 together with the related procedural alterations under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020 and Amended, supplemental and further applications in proceedings issued on or after 6 April 2022 (post- DDSA 2020). By contrast, proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre‑ DDSA 2020 law, whether they were lodged via the digital system or submitted using paper forms. Such applications will not be affected by DDSA 2020 coming into force, nor by the...
This Practice Note summarises the law in relation to desertion in divorce proceedings issued prior to 6 April 2022 The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Proceedings started by the court on or after 6 April 2022 fall within DDSA 2020 and the revised procedures under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For additional detail, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue in accordance with the law predating DDSA 2020, whether lodged through the digital service or by paper forms. These applications are unaffected by the commencement of DDSA 2020, or by the ensuing procedural amendments. This document sets out the position for proceedings issued before 6 April...
Introduction to dissolution orders for civil partnerships This Practice Note provides an overview of dissolution orders for civil partnerships where proceedings were issued before 6 April 2022 and are continuing under the law as it stood before the Divorce, Dissolution and Separation Act 2020. The sole ground is the irretrievable breakdown of the civil partnership, which can be shown by one of four facts: unreasonable behaviour desertion two years’ separation with consent five years’ separation The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after that date are governed by DDSA 2020 and the revised procedure under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020....
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect, coming into force on that date. All proceedings issued by the court on or after that date are governed by DDSA 2020 and the procedural changes introduced within amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For additional guidance, see the Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued on or before 5 April 2022 continue under the pre‑ DDSA 2020 law, whether lodged through the digital system or paper forms. Those applications are unaffected by the commencement of DDSA 2020 and related procedural revisions, remaining governed by the earlier framework. This document therefore sets out the position for proceedings issued before 6 April 2022....
Follow the link provided below to download the training presentation. Contents Limits placed upon testamentary freedom Domicile Those eligible to apply—under s 1(1), I( PFD) A 1975 Reasonable financial provision The court’s power to make orders—s 2, I( PFD) A 1975 Matters the court is required to take into account All applicable time limits The position of personal representatives Property treated as part of......
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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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