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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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A-day ' A-day' is the widely used term for the broad pension tax 'simplification' reforms that began on 6 April 2006. The changes covered: how much pension contribution was allowed, the kinds of schemes an individual could invest in, the sums that could be taken (and when), and the choices available for any remaining fund. A-day also introduced the annual allowance and the (now abolished) lifetime allowance. See: Annual allowance and Lifetime allowance. AFPS AFPS: Armed forces pension scheme; see Practice Note: Public sector pensions and family proceedings. Accrual rate The speed at which pension benefits build as pensionable service is completed in a final salary scheme, eg 1/60 for each year of pensionable service. Accrued benefits The benefits earned in respect of service up to a specified date. Added years Extra pension provided by adding further years of pensionable service in a salary-related scheme. Such additional years are secured via...
This Practice Note applies to defined benefit and hybrid occupational pension schemes. What is the Pension Protection Fund? The principal role of the Pension Protection Fund ( PPF) is to provide, by way of compensation, payment of members’ benefits up to a prescribed level where a qualifying insolvency event has arisen in relation to the sponsoring employer of an eligible pension scheme. When such a qualifying insolvency occurs, the relevant scheme enters an assessment period, during which the PPF examines the position and determines whether the scheme satisfies the conditions for admission to the PPF. The PPF also performs other functions that sit outside the scope of this Practice Note, including: running the Financial Assistance Scheme ( FAS). Established by the government, the FAS offers a minimum level of benefits to members of qualifying pension schemes who would otherwise forfeit all or part of their pension because their...
FORTHCOMING CHANGE 1 : Section 10 of the Finance Act 2022 will lift the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. The Act also permits members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either held an “unqualified right” to take benefits, or were undertaking a substantive transfer to a scheme that offered an unqualified right to a protected pension age below 57 on or before that date. To rely on this new 2028 protection, the scheme’s rules must have provided, as at 11 February 2021, an unqualified right to draw scheme benefits before age 57. For more detail, see Practice Note: Increasing the normal minimum pension age ( NMPA) to...
Practice Note This Practice Note outlines the formal requirements to be followed when reviewing the terms and preparing the drafting of a financial order that makes provision for pension rights, and highlights potential traps and issues to address when agreeing and settling the order, including practical implementation considerations and the consequences of death. Standard financial orders concerning pensions have been published; see Precedent: Standard order 2.1—financial remedy order. Although the standard orders do not have the status of forms under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 5, the default position is that they ought to be used, with parties and the court permitted to adapt and refine them to such extent as is appropriate; see Practice Note: Standard orders—general principles......
ARCHIVED : This archived Practice Note relates to the pension freedoms (also referred to as pension flexibilities) that took effect on 6 April 2015. It is not maintained. Prior to 6 April 2015, defined contribution ( DC) pension pots were, broadly, restricted to purchasing a lifetime annuity, being turned into a scheme pension, accessed through drawdown, or paid as a trivial lump sum (for further details, see Practice Note: Retirement options— DC members— How can the pension pot be used on retirement?). In the Budget of 19 March 2014 it was confirmed that, from 6 April 2015, the rules governing DC pension pots and other ‘flexible benefits’ would be relaxed. This relaxation of access to flexible benefits is commonly known as the pension freedoms (or pension flexibilities). The government’s objective in introducing the pension freedoms was to provide members with greater control over their...
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), and endorsed by the President of the Family Division, now replaces and supersedes 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:...
Part III of the Matrimonial and Family Proceedings Act 1984 ( MFPA 1984) permits former spouses divorced abroad, with a sufficient nexus to England and Wales, to seek financial relief within this jurisdiction where a foreign tribunal has made no, or no adequate, provision, thereby mitigating unfair outcomes. Equivalent rules apply on the dissolution of a civil partnership overseas (or an analogous status), via Schedule 7 to the Civil Partnership Act 2004 ( CPA 2004). This Practice Note explains when the courts of England and Wales may make financial orders under MFPA 1984, Pt III and CPA 2004, Sch 7. It also outlines how the court deals with applications for permission (leave), the matters it will weigh, and the spectrum of orders it can make. See also the Practice Notes: Financial relief after overseas divorce—court’s approach and case law, and Financial relief after...
This Practice Note sets out the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, Part 36 offers made in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996). It addresses: the requirements and timing of a Part 36 offer withdrawing or amending an offer the costs consequences of Part 36 What is a Part 36 offer? A Part 36 offer is a proposal to resolve a claim, counterclaim or other additional claim (including any distinct part or issue), as well as an appeal or cross-appeal from a decision made at trial. When made in accordance with CPR Part 36, it carries specified costs consequences on acceptance. If it is not accepted, costs consequences may still follow, depending on the final outcome of the proceedings. Although either party may rely on a ‘without...
This Practice Note outlines the procedural steps for making an application under the Children Act 1989 ( Ch A 1989) to obtain parental responsibility for a child. It details the obligation to attend a family mediation information and assessment meeting unless an exemption applies, alongside the expectations of the pre-application protocol. It also identifies who should be named as respondents, the rules on service, and the matters the court will consider when determining the application... Pre-application Protocol: private law proceedings relating to children The Pre-application Protocol: private law proceedings relating to children (the protocol), annexed to FPR 2010, PD 12B, came into effect on 31 May 2024. It sets out the steps parties should take before issuing private law children proceedings, including attempting to resolve their disagreement through non-court dispute resolution ( NCDR) where this is safe and appropriate. It also directs parties to...
STOP PRESS : Be aware that on 26 March 2026, the inaugural Family Procedure Rules 2010 ( FPR 2010) Practice Direction ( PD) Update of 2026 was issued, altering FPR 2010, PD 27A. This Practice Note is currently being revised to take account of those revisions. See News Analysis: Family Procedure Rules 2010 Practice Direction Update No 1 of 2026. This Practice Note outlines the various page cap requirements for bundles and documents for financial remedy proceedings under the Family Procedure Rules 2010 ( FPR 2010), in particular FPR 2010, PD 27A, contrasting the position before and after the PD 27A amendments effective from 2 March 2026, for comparison. It also summarises the stipulations in the Financial remedies guide ( March 2026) ( FRG), which consolidated and absorbed the High Court judge level efficiency statement set out below (dated 11 January 2022) and the High Court...
This Practice Note This Practice Note outlines the various forms of overseas pension arrangements and their characteristics, together with valuation, procedural and enforcement considerations that family practitioners may face when overseas pensions arise within financial proceedings. When pursuing a financial remedy application, practitioners may come across a spectrum of pension or pension‑type schemes, including those accumulated or transferred abroad. Close scrutiny of the rules governing any non‑ UK pension scheme is essential, as they may differ markedly from those familiar in the UK. Certain overseas pensions are more readily realisable than UK schemes and can be treated as an additional pool of capital for distribution; accordingly, a conventional lump sum order might be made instead of a pension sharing or attachment order, to divide the available funds either immediately or on a deferred basis. Consider arranging life assurance to cover the period before the lump sum is...
Recognition prior to IP completion day and Recognition after IP completion day This Practice Note explains how the recognition of an overseas divorce in England and Wales operates both before and after IP completion day—see: Recognition prior to IP completion day and Recognition after IP completion day. At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU concluded. From that moment (identified in UK law as ‘ IP completion day’), key transitional provisions ended and substantial modifications arose within the UK’s legal framework. See Practice Note: Family proceedings with EU connections—toolkit. Before IP completion day, Council Regulation ( EC) No 2201/2003 of 27 November 2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility ( Brussels II bis or Brussels IIA) governed...
Practice Note: Service of applications and documents in family proceedings outside the jurisdiction of England and Wales This Practice Note sets out guidance on serving applications for matrimonial or civil partnership orders, and other family proceedings documents, beyond England and Wales. It addresses service in Scotland or Northern Ireland, in states party to the Hague Service Convention, and in all remaining countries, for proceedings started on or after 6 April 2022. It outlines the deadlines for service and for acknowledging service of matrimonial and civil partnership applications, and also considers when a translation is required. For proceedings issued before 6 April 2022, see Practice Note: Service of documents in family proceedings outside the jurisdiction (pre- DDSA 2020). For provisions on serving court documents within the EU before implementation period ( IP) completion day (11 pm on 31 December 2020), see: Service on a party in an EU...
If a claim under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) proceeds to a final hearing, the court can make one or more of the following orders: regular periodical payments for a stated duration a lump-sum award of a specified amount transferring identified property to the applicant settling specified property for the applicant’s benefit acquiring designated property from the estate and either transferring it to the applicant or settling it for their benefit varying any ante-nuptial or post-nuptial settlement (including one created by Will) made on the parties to a marriage to which the deceased belonged, so as to benefit the surviving party, any child of that marriage, or anyone the deceased treated as a child of the family in relation to that marriage an order varying any...
This Practice Note explains the approach to online applications for divorce and dissolution made on or after 1 June 2024, under FPR 2010, PD 41G, Proceedings by electronic means: certain proceedings for a matrimonial order or civil partnership order (new law). It further summarises guidance published by HM Courts and Tribunals Service ( HMCTS) concerning online divorce and dissolution applications. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) commenced on 6 April 2022. Divorce or dissolution cases issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural amendments to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail on these reforms, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Matters issued by the court on or before 5 April 2022 will continue in line with the pre- DDSA...
( OS) The OS is an officer of the Supreme Court, appointed by the Lord Chancellor. The OS’s team comprises seasoned solicitors who specialise in Court of Protection work, whose practical expertise supports the court, the protected party ( P), and any other participants in the case. The OS can, for example, advise the court about aspects of its powers or procedure, or liaise with others to clarify matters, propose options, and help the parties reach agreement where feasible. The OS acts for children and for people who lack capacity in legal proceedings, but only if no other suitable person or body is available to take on that role. The position exists to ensure P’s welfare, property, or status is properly protected. In Court of Protection property and affairs cases, this generally involves serving as litigation friend—often in statutory Will or gift...
A court may order the payment of occupation rent where one beneficial co-owner moves out of a property and the other remains in residence, enjoying its use and advantages without sharing them during that period. Before the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), such matters were resolved by equitable doctrines labelled ‘equitable accounting’ or ‘equitable compensation’ by the courts. In Stack v Dowden, Baroness Hale explained that these equitable principles were superseded by TOLATA 1996, ss 12 and 13. Nonetheless, subsequent authorities still refer to those principles and pre- TOLATA 1996 case law; despite the shift to a statutory framework; and in Stack v Dowden itself, Baroness Hale indicated that the criteria in TOLATA 1996 should be applied rather than the old cases, though outcomes may often be the same in practice and frequently align. It is not necessary to prove an...
This Practice Note outlines how to apply for an occupation order under Part IV of the Family Law Act 1996 ( FLA 1996). It covers availability of legal aid and sets out the extra criteria for without notice applications, the requirements for service, and the position on undertakings and attaching a power of arrest. It also addresses how to draft the order, including use of Standard order 10.2—occupation order. Applications An occupation order under FLA 1996, Pt IV confers, declares, restricts, or regulates occupation rights in the family home between individuals who are, or have been, within specified relationship categories. Applications proceed in accordance with the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 10, together with Practice Direction FPR 2010, PD 10A. Frequently, an occupation order application is issued alongside a non-molestation order application. A...
This Practice Note This Practice Note clarifies the steps that follow service of a nullity petition (application for a matrimonial order) where proceedings were commenced before 6 April 2022. It specifies the period for returning the acknowledgement of service, outlines what a respondent wishing to contest or defend the proceedings must do, the deadline by which any answer must be filed, and also the actions required where a respondent seeks a matrimonial order. From 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force. Although DDSA 2020 does not alter the substantive law on nullity proceedings, procedural consequences arise under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders issued on or after 6 April 2022. These changes principally concern updated...
The Matrimonial Causes Act 1973 ( MCA 1973) The MCA 1973 defines the circumstances in which a marriage is void or voidable, together with the obstacles to granting a decree of nullity. Although nullity petitions are uncommon, they can still be the right route in particular cases. On 6 April 2022 the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force. While DDSA 2020 reformed the framework for divorce, dissolution and judicial separation, it made no substantive alterations to the law on nullity. Accordingly, the bases on which a marriage or civil partnership can be declared void or voidable remain the same. There are, however, knock-on procedural amendments in the updated Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. These changes are procedural in nature and do not alter the legal grounds at all. These affect...
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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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