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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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The international enforcement of financial orders is not a routine aspect of day-to-day practice. Consequently, reported decisions are scarce. Published case reports are therefore comparatively limited in number. Nonetheless, a multitude of conventions, regulations, statutes and statutory instruments render this a particularly intricate field. In certain jurisdictions, several statutory pathways exist for enforcing an order; in others, none; and there may even be differences between regions within a single state. The consequences of the UK’s departure from the EU ( Brexit) must also be factored in. At 11pm ( GMT) on 31 December 2020, the transition/implementation period entered into after the UK’s withdrawal from the EU ended. That moment—termed ‘ IP completion day’ in UK law—brought key transitional measures to a close and ushered in material changes across the UK’s legal framework and procedure. These shifts have ongoing...
Private children standard orders Practice Note This Practice Note outlines, and provides access to, private children standard orders issued by the standard orders group with the authority of the President of the Family Division, together with directions on issue and allocation, at the first hearing dispute resolution appointment ( FHDRA) and dispute resolution appointment ( DRA), plus case management and final orders. The orders encompass, among other areas, proceedings for child arrangements orders, specific issue and prohibited steps orders, parental responsibility, guardianship and special guardianship, enforcement of orders, and temporary leave to remove... On 17 May 2023, Mr Justice Peel, the judge in charge of standard orders, announced that, with the President’s authority and following a review and consultation, the standard orders were updated to reflect developments in law, practice and procedure and to secure consistency. See: LNB News 17/05/2023 88. On the same date, Peel J also...
This Practice Note sets out guidance on the steps to take when amending a matrimonial or civil partnership application, filing a supplemental application, or issuing a further application, in proceedings begun on or after 6 April 2022 under the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020). In this context, it differentiates between nullity proceedings and matrimonial or civil partnership proceedings other than nullity. For the procedure where proceedings were issued before this date, see Practice Note: Amended, supplemental and further petitions (pre- DDSA 2020). As a consequence of DDSA 2020, amendments have been made to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Part 7 regarding the process for applications in matrimonial and civil partnership cases, and to FPR 2010, PD 7A by Practice Direction Update No 2 of 2022. For an introduction to the broader provisions of DDSA 2020, see...
This Practice Note This Practice Note offers guidance on making an application for an order under section 8 of the Children Act 1989 ( Ch A 1989), or for permission to apply for a section 8 order, using the online service and the pilot schemes operating under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, for private law children proceedings by virtue of FPR 2010, PD 36G ( Pilot Scheme: Procedure for using an online system to generate applications in certain private law proceedings relating to children) and FPR 2010, PD 36ZD: Pilot Scheme: Online system for certain private law proceedings relating to children and for certain protective orders. The pilots run only during the periods specified in those schemes (as amended). Adjustments to elements of FPR 2010 relevant to matters dealt with under the pilots are also...
FPR 2010, PD 41H-key principles and application This Practice Note offers guidance on contested online applications for financial remedies, addressing the core principles of FPR 2010 and PD 41H, issuing an application, case management, barrister access, intervener access, and which types of proceedings can, and cannot, be managed online. It also explains modifications to aspects of FPR 2010 that apply where cases proceed online. A separate online route exists for submitting and advancing applications for a consent order in matters without contested proceedings-see Practice Note: Online applications for financial consent orders. References to ‘the online system’ mean the HM Courts and Tribunals Service ( HMCTS) online platform for financial remedy proceedings to be handled online. This forms part of My HMCTS. Before an individual can use My HMCTS, their organisation must be registered and an individual user account created for them. The online system for...
Jointly owned property and loss of capacity Q& As This Practice Note steers practitioners towards Q& As setting out the rules and procedure relevant where one or more co-owners of jointly held property lacks mental capacity. Note that the Q& A material is not maintained; the Q& As linked from this Practice Note state the law only as at the date shown in each instance. Introduction When two or more individuals own real property together, whether as joint tenants or as tenants in common, a trust of land arises and the owners act as trustees. Should any such trustee become unable to manage their property and affairs, they will be incapable of executing legally binding documents in relation to the property. If a sale is proposed, an application must therefore be made for an order appointing a person to substitute the incapable trustee, or...
This Practice Note This Practice Note explores the meaning and functions of choice of court agreements in the family law sphere, including their use in applications to stay proceedings and when construing marital or civil partnership agreements. It considers the position of such agreements before and after IP completion day (11 pm on 31 December 2020) in relation to: 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, also known as Brussels IIA) Regulation ( EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ( Brussels I Recast) Council Regulation ( EC) No 4/2009 ( EU Maintenance Regulation) The Lugano Convention on...
Practice Note This Practice Note addresses questions of jurisdiction, applicable law, transfers between contracting states, and parental responsibility under the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), which took effect in the UK on 1 November 2012. The Hague Conference on Private International Law ( HCCH) has issued a Practical Handbook on the Operation of the 1996 Child Protection Convention, together with an Explanatory Report on the 1996 Hague Convention (the Lagarde Report). The courts have held that both the Practical Handbook and the Explanatory Report are proper sources to consult when interpreting, where necessary, the meaning and scope of the 1996 Hague Convention. From 31 January 2020 (exit day), the UK was no longer an EU Member State and ceased...
Practice Note: Pension sharing orders on divorce in Scotland (defined benefit schemes) This Practice Note offers a concise overview of how pension sharing orders on divorce in Scotland apply to defined benefit pension schemes. It is not designed to address every detail of the pension sharing framework. Key legislation and regulations Family Law ( Scotland) Act 1985 ( FL( S) A 1985) Part IV of the Welfare Reform and Pensions Act 1999 ( WRPA 1999) Pensions on Divorce etc ( Pension Sharing) ( Scotland) Regulations 2000, SI 2000/1051 There are also other pertinent regulations, some of which are mentioned within this Practice Note. Following the divorce of a marriage or the dissolution of a civil partnership, a pension may constitute part of the matrimonial property. The court may order a redistribution of the pension between the spouses or civil partners, or the parties may reach an...
This Practice Note outlines the ‘no order’ principle in section 1(5) of the Children Act 1989 ( Ch A 1989), when it arises in private children cases, and how courts have applied it. When deciding whether to make any order under the Ch A 1989 about a child, the court must not do so unless satisfied that making an order is better for the child than making none. This provision is designed to deter unnecessary court orders; by confining intervention to cases needing a specific solution, it should reduce conflict and foster parental co‑operation and agreement, with parents encouraged to sort matters consensually. The underlying idea is that the court should not interfere with parents’ exercise of parental responsibility unless necessary. Opting for ‘no order’ is a conscious, welfare‑driven decision. When does the no order principle apply? The principle applies whenever the court...
This Practice Note outlines who holds parental responsibility at birth and then who can obtain it afterwards. It details the ways by which a female parent, within section 43 of the Human Fertilisation and Embryology Act 2008 ( HFEA 2008), can secure parental responsibility under the Children Act 1989 ( Ch A 1989), whether through registration as a parent or via a parental responsibility agreement or order. It also considers the relevant criteria applied when deciding an application for a parental responsibility order. Who has parental responsibility?......
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 approved by the President of the Family Division, the Financial Remedies Guide 2026 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...
This Practice Note Briefly sets out the principal legal implications of entering a civil partnership. It describes each partner's financial responsibilities to the other and the occupation rights that arise in respect of the family home. It reviews how civil partners are treated for tax purposes. It also examines civil partners' entitlements concerning children, together with the updated meaning of 'children of the family' within that context. In addition, it outlines the legal status of civil partners on death. The coming into force of the Civil Partnership Act 2004 ( CPA 2004) produced a wide range of ancillary reforms, both under CPA 2004 itself and through amendments to connected legislation made by various statutory instruments. When first enacted, civil partnerships applied solely to two people of the same sex. However, from 2 December 2019 the Civil Partnership ( Opposite-sex Couples) Regulations 2019 ( CP( O-s C) R...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
Practice Note This Practice Note explains the use of scientific ( DNA) testing to establish paternity where the parentage of an adult or child must be decided in civil proceedings under Part III of the Family Law Reform Act 1969 ( FLRA 1969). It covers the court’s powers, the child’s interests, consent and compliance, the involvement of Cafcass, the steps for applying for scientific ( DNA) testing, and key case law. It also highlights provisions in the Civil Procedure Rules 1998, particularly CPR PD 49G ( Applications under Part III of the Family Law Reform Act 1969 for use of scientific tests to determine parentage). Under FLRA 1969, Pt III, in civil proceedings where a person’s parentage is in issue, the court may direct scientific testing to assist in determining paternity, either on its own initiative or upon an application by any party. There is no...
This Practice Note This Practice Note examines the Family Court transparency reporting pilot, which began in January 2023 and, from 27 January 2025, has been rolled out to every family court in England and Wales, alongside the related guidance and the transparency order. Rules on sharing information from proceedings are contained in the Family Procedure Rules 2010 ( FPR 2010), including the following practice directions: FPR 2010, PD 12R: the court may authorise communication of information from proceedings to which FPR 2010, SI 2010/2955, Pt 12 applies. FPR 2010, PD 14G: the court may authorise communication of information from certain proceedings to which FPR 2010, SI 2010/2955, Pt 14 applies. Open reporting now applies across all family courts in England and Wales. From 27 January 2025, journalists and legal bloggers, where a transparency order is made, can report what they see and hear while...
This Practice Note carefully examines when a solicitor is shown on the court record as acting for a party, together with the effects and practical consequences of appearing on the court record. It further covers the requirements—among them those in the Solicitors Regulation Authority ( SRA) Standards and Regulations—governing the retainer between solicitor and client, including how a retainer may properly be brought to an end: what amounts to a proper reason, what constitutes reasonable notice, and the consequences of termination. It also clearly explains the steps a party (or any incoming solicitor) should take where representation changes, and when an application to be removed from the court record will be necessary if those steps are not followed. SRA Standards and Regulations When deciding whether to accept instructions or to stop acting, it is of central importance that the solicitor reflects on their...
This Practice Note This Practice Note considers applications brought within matrimonial or civil partnership proceedings concerning a child who is over 18. It explains key concepts, the limits on the court’s powers, and the distinct factors relevant to claims for future financial provision, provision where the child is already 18, and applications made by adult children. It also condenses the position on applications for failure to maintain, financial relief following an overseas divorce, and claims under Schedule 1 to the Children Act 1989 ( Ch A 1989) after a financial order. For material of general relevance to all claims for financial provision for a child over 18, see Practice Note: Financial provision for children over 18—general principles. For detailed guidance on applications under Ch A 1989, Sch 1, see Practice Note: Financial provision for children over 18— Schedule 1 to the Children Act 1989. If the...
This Practice Note sets out when the court may make a forced marriage protection order ( FMPO) under Part IVA of the Family Law Act 1996 ( FLA 1996), who is entitled to apply for such relief, and the range of orders that can be granted, including those produced under the standard orders project. It also outlines how to issue an application for an FMPO and the requirements for service of the order. In addition, it summarises the offences concerning forced marriage. The procedural framework governing FMPOs appears in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 11, together with the supporting practice direction, FPR 2010, PD 11A. FPR 2010, PD 11A also contains provisions about notification to the police when an FMPO is made. What is a forced marriage? A forced marriage is a marriage entered into without the full and free...
Practice Note This Practice Note addresses and explains how a guardian’s appointment can be terminated, whether by revocation or by disclaimer. It outlines the different ways in which a parent, guardian or special guardian of a child may cancel or revoke the appointment of a guardian. In addition, it explains the formal right of an appointee to disclaim and refuse an appointment as guardian that has been made by a parent, guardian or special guardian of a child......
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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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