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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:
Most recent Practice notes
This Practice Note sets out guidance on the continuing obligation of full and frank disclosure in financial proceedings, and the repercussions of any breach, including the court drawing adverse inferences. It also addresses the Supreme Court rulings in Sharland v Sharland and Gohil v Gohil, the professional obligation not to knowingly mislead the court by supplying incorrect or inaccurate information in relation to disclosure, and the disclosure of documents to and by third parties. General principles There is a continuing duty to give complete, candid and clear disclosure in financial cases. That obligation covers all material facts, documents and any other information relevant to the issues, together with any material developments arising after initial disclosure. Such developments must be communicated to the court and the other party at the earliest opportunity. As Roberts J observed in AB v CD (para [165]), it is not for a party to...
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 endorsement of the President of the Family Division, now supersedes and takes precedence over 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 Court judge level (11 January 2022) (the below High Court judge level efficiency statement) Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court:...
Practice Note This Practice Note outlines widely used terminology and definitions, and what they signify within the non-court routes to resolving disputes, namely family mediation, collaborative law, and family arbitration. It also provides a summary of the pertinent rules and required forms, together with pointers to related resources. Mediation Term Description Agreement to mediate A document executed by the parties to the mediation and the mediator(s) which defines the scope and framework of the mediation. See Precedent: Agreement to mediate BFLS 6E [21004]. Co-mediation Mediation conducted by two mediators—commonly, one co-mediator will be a lawyer and the other is not legally qualified. Form FM5 (statement of position on non-court dispute resolution) A form that must be completed setting out the parties’ positions on engaging with non-court dispute resolution. This form must be filed and served seven days before the first ‘on notice’...
Reviewing 2017 This year’s annual review reflects on the most notable developments in family financial provision during 2017, spanning the sharing principle and non-matrimonial property, contributions and stellar performance, variation of financial orders, and fresh guidance from the President of the Family Division on standard orders and the Financial Remedies Court. It also outlines updates to Lexis Nexis®’s content and what lies ahead over the next 12 months. Practice and procedure What happened? The Family Procedure ( Amendment No 2) Rules 2017, SI 2017/741 revised the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, r 9.15, so that all matters should be listed for a financial dispute resolution ( FDR) appointment, except in defined situations. What are the practical implications? Before these changes, FPR 2010, r 9.15(4) required the court at the first appointment to decide if an FDR referral was suitable and, if so, to order that an FDR take...
This Practice Note highlights key factors when seeking to enforce a family court order against a company or trust—often described as ‘piercing the corporate veil’—including scenarios with a foreign element. It also considers when a trustee, beneficiary or company director should be joined to the proceedings. Enforcement against a company A company is a separate legal person from its owner or controller. The same concept applies to trust property held by a trustee for beneficiaries. See: Enforcement against a trust and Piercing the corporate veil. Where the court is able to enforce a financial order directly against the assets of a company or trust, this is commonly termed ‘piercing the corporate veil’. In effect, the court sets aside the barrier created by interposing a company or trust so that an order can be enforced where the party has no sufficient assets in their own name....
Practice Note This Practice Note sets out information about, and access to, enforcement standard orders prepared by the standard orders group under the authority of the President of the Family Division, including an order for sale, and orders for possession, attachment of earnings, charging orders and third party debt, together with warrants for control and delivery. On 17 May 2023, Mr Justice Peel, the judge responsible for standard orders, announced that, with the authority of the President of the Family Division and following the review process and consultation period, the standard orders have been updated to reflect changes......
Practice Note This Practice Note outlines the courts’ treatment of business assets in financial remedy proceedings, covering matters such as whether those assets might be realised by sale, the circumstances for lifting the corporate veil and the effect of the Supreme Court’s ruling in Prest v Petrodel Resources, as well as the deployment of expert opinion. It further reviews situations in which business assets may, to varying degrees, be classed as non-matrimonial/civil partnership property, and how risk is apportioned between the parties as between assets that are ‘copper-bottomed’ and those that are ‘risk laden’, with reference to Wells sharing. Business interests—whether shareholdings in a limited company, stakes in a partnership or LLP, or the assets of a sole trader—form part of the pool of marital/civil partnership assets alongside other property or investments. Unlike land or buildings, bank balances and portfolio holdings, a business...
This Practice Note explains the defence available under article 12 in response to an application brought under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention). Where more than 12 months have elapsed since the child’s removal or retention, the abducting parent may argue that the child has become settled within the new jurisdiction. For practical guidance on defences to an application under the 1980 Hague Convention, see Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—consent, acquiescence and non-exercise of rights of custody Defences under the 1980 Hague Convention—grave risk of physical or psychological harm Child abduction—defences in response to an application under the 1980 Hague...
By virtue of section 25(2)(d) of the Matrimonial Causes Act 1973 ( MCA 1973), the court must take into account the age of each party to the marriage and how long the marriage has lasted. An equivalent requirement is contained in the Civil Partnership Act 2004 ( CPA 2004), Schedule 5, Part 5, paragraph 21(2). Age of the parties Age will usually have a direct bearing on the other considerations under MCA 1973, s 25 or CPA 2004, Sch 5, Pt 5; it is assessed alongside the duration of the relationship, earning capacity, needs and contributions. Pension matters tend to be more prominent for parties in their fifties and of lesser significance for those in their thirties (see Practice Note: General principles—pensions in family proceedings). In a similar way, present and future earning capacity for parties in their fifties or sixties will be...
Practice Direction 9D— Applications by currently appointed deputies, attorneys and donees in relation to P’s property and affairs ( PD 9D) Practice Direction 9D ( PD 9D), made under rule 9.11 of the Court of Protection Rules 2017 ( COPR 2017), provides a streamlined route for current deputies (and attorneys) to make routine applications connected to their powers and responsibilities. It is intended to be used where the deputy reasonably considers that objections are improbable and where the order requested will not have a significant impact on P’s estate or interests. PD 9D, paragraph 4, explains that applications apt for this short-form process include, without limitation: regular payments to the deputy for remuneration minor adjustments to expenses met from P’s estate alteration of an accounting period change to the deadline for filing an annual account ...
This Practice Note This Practice Note sets out details of, and routes to, medical treatment standard orders issued by the standard orders group under the authority of the President of the Family Division. It covers orders for medical treatment or procedures, and directions for ceasing life-support treatment, within the High Court. On 17 May 2023, Mr Justice Peel, the judge responsible for standard orders, stated that, with the President of the Family Division’s authority, and after a review and consultation period, the suite of standard orders had been updated accordingly......
STOP PRESS : Be advised that on 26 March 2026, the first Practice Direction ( PD) Update to the Family Procedure Rules 2010 ( FPR 2010) for 2026 was issued, introducing amendments to FPR 2010, PD 27A. This Practice Note is in the process of being revised to take account of those updates. See News Analysis: Family Procedure Rules 2010 Practice Direction Update No 1 of 2026. This Practice Note explains the various page limit requirements applicable to all proceedings other than financial remedy proceedings as set out in the Family Procedure Rules 2010 ( FPR 2010), with particular reference to FPR 2010, PD 27A, and compares the position before and after the changes to FPR 2010, PD 27A that take effect from 2 March 2026. FPR 2010, PD 27A ( Family proceedings: court bundles) A revised version of FPR 2010, PD 27A, replacing the...
This Practice Note examines confidentiality when applying for a forced marriage protection order ( FMPO). It also considers the court’s powers to permit evidence to be withheld and the guidance issued by the courts on disclosure. Confidentiality If an applicant wishes to keep their address, or the address of anyone named in the application, from the respondents, those details should be omitted and Form C8— Confidential contact details completed. In matters involving honour, families may make considerable efforts to discover the applicant’s whereabouts. Care must be taken to safeguard confidential addresses, telephone numbers and other particulars to protect the parties, any children, and, where relevant, foster carers and social workers. Courts should think very carefully about how confidential information is stored and who can access it. Solicitors acting for clients in FMPO proceedings should review who has access to their files and consider where the...
This Practice Note This Practice Note explains how the courts handle applications under Part III of the Matrimonial and Family Proceedings Act 1984 ( MFPA 1984) or under Schedule 7 to the Civil Partnership Act 2004 ( CPA 2004) after a foreign divorce or the dissolution of a civil partnership, and highlights significant authorities in this context. It addresses the effect of delay, the necessity of a valid marriage and a recognised divorce/dissolution, and the court’s power to order interim maintenance (including provision for legal funding). The framework for determining the disposal of the substantive claim for financial relief following an overseas divorce or dissolution is governed by both the statutory scheme in MFPA 1984, s 18 (and the mirror provisions in CPA 2004, Sch 7 Pt 1) together with judicial guidance, most notably the Supreme Court’s ruling in Agbaje v Agbaje, which remains the...
The Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) The I( PFD) A 1975 enables the court to alter the dispositions arising under a Will or the rules of intestacy where, at death, the deceased was domiciled in England or Wales. It empowers the court to award, or increase, financial provision for specified categories of claimant identified in the Act. In deciding whether a claimant has received reasonable financial provision, the court must consider the factors set out in section 3 of the I( PFD) A 1975... Did the Will or intestacy provide the claimant with reasonable financial provision? If not, what reasonable financial provision should now be made for that claimant? When addressing these two central questions, section 3(1) requires the court to take into account all the matters listed in that...
Legal services orders In proceedings under the Matrimonial Causes Act 1973 ( MCA 1973) and the Civil Partnership Act 2004 ( CPA 2004), the court may compel a party to pay their spouse’s or civil partner’s legal fees by making an order for legal services, known as a legal services order and, in case law, a legal services payment order. Such an order is available in divorce or dissolution, nullity, or (judicial) separation proceedings, and in linked financial remedy proceedings (described as proceedings for financial relief). The statutory provisions identify the circumstances in which the court may make the order and the factors it must consider. Legal services orders are not available under the MCA 1973 and CPA 2004 statutory framework for claims under Schedule 1 to the Children Act 1989 ( Ch A 1989), the Inheritance ( Provision for Family and...
Practice Note This Practice Note sets out details of, and links to, both the children and financial arbitration standard orders authorised by the President of the Family Division and produced by the standard orders group, covering directions for stay, adjournment, or enforcement measures under the Arbitration Act 1996 as applicable. After the Law Commission proposed reforms to the Arbitration Act 1996 ( AA 1996) to bolster arbitrator immunity, streamline case handling and make the court's powers clearer, a Bill reflecting those proposals was introduced to Parliament and secured Royal Assent on 25 February 2025. Accordingly, the Arbitration Act 2025 ( AA 2025) took effect from 1 August 2025 by virtue of the Arbitration Act 2025 ( Commencement) Regulations 2025, SI......
This Practice Note outlines steps that can be taken when there are concerns a child is not being suitably educated, for example where truancy is present, and intervention is needed by way of an education supervision order. It addresses the conditions that must be satisfied, the impact and duration of an order, and matters of non-compliance together with discharge of the order. Where worries about inadequate education form part of a broader context in which a child is generally suffering (or at risk of suffering) significant harm attributable to a failure of reasonable parental care, or the child is beyond parental control, the local authority may issue care proceedings under section 31 of the Children Act 1989 ( Ch A 1989). If the child is absent from school and remains living at home, the court may reach the view that the child is either...
This Practice Note considers the court’s powers to make financial provision for children in cases where the paying and receiving party are or have been married or in a civil partnership. It sets out the court’s jurisdiction to order periodical payments and capital provision, to make global or ‘ Segal’ orders, and to grant relief under the Domestic Proceedings and Magistrates’ Courts Act 1978 ( DPMCA 1978) and the corresponding Civil Partnership Act 2004 ( CPA 2004) provisions, including failure to maintain claims and applications before lay justices. It further examines financial provision pursuant to Sch 1 to the Children Act 1989 ( Ch A 1989) in matters involving parents who are or have been married or in a civil partnership, and covers situations where a financial order has already been made under the Matrimonial Causes Act 1973 ( MCA 1973) or CPA...
A protected party ( P) falls within the jurisdiction of the Court of Protection (the court) only where incapacity is evidenced. The court may then transfer its powers by naming a deputy to act for P, pursuant to an order. That authority exists strictly in line with the order’s terms and duration, and endures only so long as those terms allow. Should P cease to fall within the court’s remit, the deputy’s mandate will not continue; likewise, where the deputy cannot act, or it would be inappropriate for them to do so, a change is required. In such cases, having considered the evidence lodged with an application, the court may order the discharge of a deputy and, where apt, appoint a successor. Replacing a deputy There are occasions when a deputy no longer wishes to continue, or is unable to serve. This might be because deputy...
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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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