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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 This Practice Note explains the influence of parties’ contributions, both financial and non-financial, on an application for a financial order, together with the operation of section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) and Schedule 5, Part 5 to the Civil Partnership Act 2004 ( CPA 2004). It examines direct and indirect input, distinguishes matrimonial from non-matrimonial/civil partnership property, considers the ‘mingling’ of assets, and recognises special contributions. It also outlines practical points where contributions are in dispute. In financial remedy proceedings, the court must take account of a range of factors specified in MCA 1973, s 25 and CPA 2004, Sch 5, Pt 5, para 21(2)......
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) The DDSA 2020 took effect on 6 April 2022. Proceedings issued by the court on or after that date fall within the scope of the DDSA 2020, together with procedural changes introduced under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further details, 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 under the pre- DDSA 2020 regime, whether submitted through the digital system or by way of paper forms. Such applications are not affected by the commencement of the DDSA 2020, nor by the consequential changes to procedure. This document sets out the position for online proceedings issued prior to 6 April 2022 only. Legislative amendments have followed as a...
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
This Practice Note summarises the law in relation to divorce proceedings relying on two years' separation and consent issued prior to 6 April 2022. It outlines what amounts to living apart, how to work out the two-year timeframe, and the evidential requirements for consent. It also addresses when a respondent can seek the court’s consideration of their financial circumstances post-divorce. See Practice Note: Restrictions on decree being made absolute—divorce. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Cases issued on or after that date fall under DDSA 2020 and the revised procedure in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Applications issued on or before 5 April 2022 proceed under the previous law, whether filed through the digital system or on...
This Practice Note It examines relevant examples of orders in financial proceedings and spectrum of tax implications that may arise when periodical payments orders, lump-sum orders or property adjustment orders are made, or where business assets are present. The Finance ( No 2) Act 2023 obtained Royal Assent on 11 July 2023......
Fees for applications to the Office of the Public Guardian Fees payable for applications and other matters to the Office of the Public Guardian arise from the Public Guardian ( Fees, etc) Regulations 2007, as amended by subsequent regulations. References to Columns 1 and 2 correspond to those in the 2007 Regulations. Enduring power of attorney registration (regulation 4): £92.00 Enduring power of attorney office copy fee (regulation 4A): £25.00 Lasting power of attorney registration (regulation 5): £92.00 Reduced fee for repeat application to register a lasting power of attorney (regulation 5): £46.00 Lasting power of attorney office copy fee (regulation 5A): £35.00 Deputy assessment fee (regulation 8): £100.00 General supervision (regulation 8): £320.00 Minimal supervision (regulation 8): £35.00 Guardianship set-up fee (regulation 8A): £200 Guardianship supervision (regulation 8A): £320 Fees for...
Practice Note: Family proceedings with EU connections—toolkit At 11pm on 31 December 2020, the transition/implementation phase of Brexit came to a close following the UK’s exit from the EU; UK legislation terms this moment ‘ IP completion day’. For hands‑on guidance on Brexit’s effects, consult this toolkit for practical assistance. The court carries an autonomous role and duty and remit to properly examine and decide whether it holds jurisdiction. This Practice Note explains the compulsory obligation on an EU Member State to stay proceedings when another Member State has already been seised of jurisdiction. The regime applies where the proceedings fall under Council Regulation ( EC) No 2201/2003 ( Brussels II bis, also known as Brussels IIA). As set out below, these obligations persist in this jurisdiction only where there are parallel proceedings started in the UK or an EU Member State on or before 31...
This Practice Note outlines how to enforce an order made in private law children proceedings, together with the enforcement options available. It covers search and recovery. It sets out the provisions that relate specifically to enforcing child arrangements orders ( CAOs). It also addresses activity directions and conditions, and the court’s general enforcement powers, including applications for contempt of court. It considers using orders requiring the peremptory return of a child, transfers of residence, and family assistance orders. Search and recovery Where a person is obliged, by an order under section 8 of the Children Act 1989 ( Ch A 1989), to hand a child to another person, and the court that made the order is satisfied that this has not happened, it may issue a search and recovery order, authorising an officer of the court or a constable to take charge of the child and...
This Practice Note outlines the implications of breaching a forced marriage protection order ( FMPO) and the criminal offence that may arise. It also sets out when a warrant of arrest can be issued and the actions that may follow after an arrest. Forced marriage is a criminal offence, as is breaching an FMPO. It is no longer possible to attach a power of arrest to an FMPO. Breach of a forced marriage protection order A person commits a criminal offence if they: use violence, threats, or any other means of coercion with the aim of causing another person to enter a marriage; and believe, or ought reasonably to believe, that such conduct may lead the other person to marry without free and full consent Where a victim lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to marriage, the offence under ABCPA 2014, s...
This Practice Note This Practice Note outlines the key issues and pragmatic measures when pursuing enforcement involving trusts in family proceedings, covering offshore structures and how offshore trustees may respond to orders made in this jurisdiction. It addresses enforcing a variation of settlement, the effect of exclusive jurisdiction clauses, implementing findings of sham or invalidity, compliance with ‘judicious encouragement’ orders, and trustee submissions. At the outset of any case with trust elements, parties should evaluate whether any financial remedy order will be capable of enforcement, as this can shape the strategy from the drafting of the application onwards. A cost–benefit assessment is essential, especially where offshore trusts or assets are in play. Enforcement problems are less likely where the trust is governed by English law and the trustees and assets are situated in England and Wales. Under the Family Procedure Rules 2010 ( FPR 2010), SI...
Practice Note This Practice Note outlines guidance for drafting the terms of a periodical payments order (also referred to as maintenance), and encompasses the financial remedy order produced under the standard orders project. It addresses payment frequency, acceptable methods of payment, the duration of payments, and the application of index linking. It also sets out the court’s authority to make secured periodical payments orders, indicating what may constitute appropriate security and how such directions can be put into effect. Particular caution is required when formulating the terms of any periodical payments order so that it accurately reflects either the parties’ agreement or the court’s judgment. The Precedent: Standard order 2.1—financial remedy order, which includes periodical payments orders, has been issued by the President of the Family Division; use of the precedent is not mandatory, though its adoption is strongly encouraged. For broader guidance on the...
Practice Note This Practice Note distils the definitions found in Part 1 of the Domestic Abuse Act 2021 ( DAA 2021). It sets out the statutory meaning of domestic abuse, explains when two people are considered personally connected, and signposts the domestic abuse statutory guidance. It also outlines the changes brought in by DAA 2021 so that children can be recognised as victims of domestic abuse. For the first time, a broad-ranging definition has statutory status. DAA 2021 clarifies which behaviour constitutes domestic abuse. Enhanced protective measures are introduced for vulnerable individuals. Protection is available consistently via the police, local authority, and criminal, family and civil court processes. By providing these protections, the aim is that more people will feel able to come forward to seek protection, rather than avoid it for fear of abuse being...
Domestic Abuse Act 2021 ( DAA 2021) The Domestic Abuse Act 2021 ( DAA 2021) widens the availability of special measures directions in family proceedings, and in other forums, where an individual is a victim of, or faces a risk of, domestic abuse. These measures are intended to enable survivors to provide the highest quality evidence and to engage in proceedings without any continuation or reinforcement of the abuse they have suffered in any form. At the outset of a case, very early thought should be given to what practical support can be offered to a victim, what appropriate forms of relief might secure that support, and which special measures will help a potential victim feel sufficiently at ease to give the best evidence, thereby offering the greatest assistance to the court. See also Practice Note: The definition of domestic abuse under the...
In HL v United Kingdom (the Bournewood case), the European Court of Human Rights determined that, where a person with a mental disorder is cared for or treated in circumstances amounting to a deprivation of liberty, a procedure prescribed by law must be observed. Consequent upon that decision, the Mental Health Act 2007 ( MHA 2007) inserted a series of provisions into the Mental Capacity Act 2005 ( MCA 2005), which took effect on 1 April 2009. Notably, Schedule 1A to the MCA 2005 created what are now termed the Deprivation of Liberty Safeguards, or the DOLS regime. The powers conferred by the MHA 2007 upon the Court of Protection, together with the DOLS regime, were implemented to ensure suitable legal safeguards for incapacitated persons who are, or might be, deprived of their liberty outside the scheme of the Mental Health Act 1983 ( Me HA...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. All proceedings issued by the court on or after 6 April 2022 fall within DDSA 2020 and the revised procedural requirements in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Restrictions on a conditional order being made final (post- DDSA 2020). Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre‑ DDSA 2020 regime, whether filed via the digital system or using paper forms. Those applications have not been affected at all by the commencement of DDSA 2020, nor by the associated procedural changes. This document sets out in detail the position for proceedings issued before 6 April 2022....
This Practice Note This Practice Note reviews the principal elements of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020): the advent of no-fault divorce; for the first time, the option for parties to issue joint applications for divorce, dissolution and separation; and the imposition of a 20-week window between issue of proceedings (when the court issues the application) and the point at which the applicant(s) may seek a conditional order. It also clarifies terminology and outlines the procedural reforms to divorce and dissolution, including service requirements and transitional measures. As a result of DDSA 2020, major procedural amendments were introduced for applications for matrimonial and civil partnership orders. DDSA 2020 does not alter the substantive law on nullity; however, consequential procedural updates under the amended FPR 2010 affect applications for nullity and nullity of marriage orders issued on or after 6 April 2022. These...
Introduction to divorce proceedings issued prior to 6 April 2022 This Practice Note outlines divorce proceedings issued before 6 April 2022. It sets out the single ground for divorce—the irretrievable breakdown of a marriage—and explains that, to satisfy the court, one or more of the five facts in section 1 of the Matrimonial Causes Act 1973 must be established to the court's satisfaction. It also confirms that a divorce petition cannot be presented until one year has passed from the date of marriage. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and to changes in procedure under the amended Family Procedure Rules 2010, SI 2010/2955. For further information, see Practice Note:...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) The DDSA 2020 took effect on 6 April 2022. Proceedings issued by the court on or after that date are governed by DDSA 2020 and by the procedural amendments to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see the following Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 Commencing and filing an application for a divorce, dissolution or judicial separation order (post- DDSA 2020) Online divorce (post- DDSA 2020) Proceedings issued by the court on or before 5 April 2022 will continue under the pre- DDSA 2020 law, whether submitted via the digital system or using paper forms. These applications are unaffected by the commencement of DDSA 2020 and the resulting procedural changes. This Practice Note addresses the position for...
ARCHIVED: This archived Practice Note outlines developments following the establishment of divorce centres and the shift to centrally issuing proceedings. It identifies the locations of the divorce centres and the dates they commenced operation. It also sets out how this impacts financial remedy applications, Children Act 1989 applications, divorce proceedings, the handling of urgent applications and, where a hearing is required, the venue at which it will be held. For further information about changes to divorce centres and the Civil and Family Service Centre at Stoke on Trent, see Practice Note: The Courts and Tribunals Service Centre and divorce centres. Civil and Family Service Centre at Stoke on Trent The Practice Note describes the current approach to issuing divorce petitions and financial remedy applications across the 11 centralised divorce centres in England and Wales. Do note that, in May 2019, within his View from the...
Divorces based on five years' separation where the proceedings were issued prior to 6 April 2022 The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Any case issued on or after that date is governed by DDSA 2020 and the revised procedures in the Family Procedure Rules 2010 ( SI 2010/2955). For more detail, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Matters lodged with the court on or before 5 April 2022 continue under the pre- DDSA 2020 regime, whether filed online or on paper. These applications are unaffected by the commencement of DDSA 2020 or the associated procedural amendments. This document addresses proceedings begun before 6 April 2022. DDSA 2020 prompted legislative updates, including amendments to FPR 2010, Part 7. To access historic versions of FPR 2010, Part 7 and Practice...
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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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