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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note outlines the considerations for applications seeking permission to take a child out of the jurisdiction (leave to remove). It addresses the Child Abduction Act 1984 ( CAA 1984) and the need for consent from all holders of parental responsibility. It explains the position where a child arrangements order ( CAO) is in place and applications made under section 13 of the Children Act 1989 ( Ch A 1989). It describes the steps required when a court application is necessary. It identifies the matters the court must assess and summarises guidance from relevant case law, including K v K, Re F ( Relocation) and Re F ( A Child) ( International Relocation Case). It also addresses temporary removals from the UK, including travel to a non- Hague Convention country, and suitable safeguards. What is leave to remove? A parent might seek to leave...
This Practice Note outlines the six criminal offences under the Protection from Harassment Act 1997 ( PHA 1997), such as harassment, causing fear of violence and stalking. It highlights the criminal remedies open to those targeted, including restraining orders made under PHA 1997. It also reviews civil avenues, for example damages for distress, injunctions and exclusion zones. The Note explains the process under the Civil Procedure Rules 1998 ( CPR), covering who may apply and the appropriate court. It includes guidance on breach of injunction, undertakings, warrants of arrest and the assessment of damages. Where clients cannot rely on the Family Law Act 1996 ( FLA 1996) because they fail to meet the criteria or eligibility, or where compensation is pursued, relief may instead be available under PHA 1997. See Practice Note: Domestic violence non-molestation orders. However, if the victim and the...
STOP PRESS: The Financial Remedies Guide 2026 Published 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 approval of the President of the Family Division, the Guide now replaces and supersedes, in full and with immediate effect, 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:...
A new protocol, the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol) A fresh protocol—'the disclosure of information between family and criminal agencies and jurisdictions' (the 2024 protocol)—was published in February 2024, superseding the October 2013 protocol and good practice model (disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings). From 1 March 2024, it governs the sharing of information and material between criminal and family agencies and jurisdictions. It covers all private and public family law proceedings, including contemplated public law cases, and all material in police possession. A working group comprising the judiciary, local authorities, police and the Crown Prosecution Service will review it in 2025. This Practice Note outlines the general approach to public children care proceedings where criminal proceedings are concurrent or imminent, addressing the Family...
This Practice Note explains when asset valuations are appropriate in financial remedy proceedings. It gives guidance on completing a financial statement in Form E and on valuing property, business assets, pensions, insurance policies and chattels. It also sets out procedural points, including expert evidence. Rationale for valuation In any financial remedy application, values for all relevant assets and liabilities must be obtained. Failure to do so may amount to professional negligence. Only then can the parties and the court assess the overall financial picture. Form E asks for valuations to be supplied, for example: a copy of any real property valuation obtained within the past six months; a recent mortgage statement confirming the balance outstanding on each mortgage; statements for the last 12 months for every bank, building society and National Savings account—the requirements cover all accounts, whether in credit or...
Expert evidence in public law children proceedings This Practice Note addresses the use of expert evidence in public law children cases, including those concerning care and adoption. It outlines the key statutory framework and clarifies what constitutes an expert. It also explores when expert input is required, the process for seeking permission, instructing experts, and the arrangements for paying an expert’s fees. For wider practical guidance on evidence in such proceedings, see Practice Note: Evidence in public children proceedings... At common law, witnesses are to testify to facts rather than offer opinions, unless they are suitably qualified to give expert evidence and thus provide an opinion on a pertinent issue. The court must confine expert material to that which, in its judgment, is necessary to help it resolve the case justly... This area is governed by: section 13 of the Children and Families Act 2014 ( CFA...
This Practice Note provides links to Lexis+® UK flowcharts covering a broad spectrum of family law topics, including divorce and dissolution, applications under Part 18 of the Family Procedure Rules 2010 ( FPR 2010), reporting restriction orders, financial provision, public children, international children, court bundles and appeals. The flowcharts outline the procedural steps to follow in a range of family proceedings. Each flowchart sits within a Practice Note that signposts key overviews, related Practice Notes, precedents, procedural guides, client guides, legislation, cases, forms and suggested further reading. Divorce and dissolution proceedings issued after 6 April 2022 (post- DDSA 2020) The following flowchart is intended for use in relation to divorce and civil partnership dissolution proceedings issued on or after 6 April 2022 (post- DDSA 2020): Divorce or civil partnership dissolution, sole application, standard case (post- DDSA...
While it is widely accepted that grandparents can have a significant presence in their grandchildren's lives, they do not enjoy an automatic entitlement to seek contact. Frequently, after a parental relationship breaks down, arrangements for time between grandparents and grandchildren are agreed informally outside proceedings, or arise within a child arrangements order ( CAO) made in favour of the child's parent. Where, however, relations between a grandparent and the parent with whom the child resides have deteriorated, and the grandparent is stopped from seeing the child, they may look at applying for a CAO under section 8 of the Children Act 1989 ( Ch A 1989). In the majority of situations, the application would ask for a CAO that enables the grandchild to spend time with them or otherwise maintain contact. In other, less common...
ARCHIVED: This Practice Note is archived and no longer maintained. It offers contextual guidance on the main types and doctrines of EU law and legislation, and considers how Brexit affects EU-derived law and legislation in the UK, as background reading. For more detail on this topic, see the Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For broader Brexit materials, see: Brexit collection. This Practice Note is not maintained. Effect of Brexit on EU law in the UK The UK ended its EU membership at 11 pm on 31 January 2020 (exit day). From that moment, directly applicable EU law no longer applied to the UK under the EU Treaties, and the UK was no longer bound by duties under those treaties, which oblige Member States to ensure their domestic legislation complies with obligations set out in EU laws. EU law itself, and its...
A clear line should be drawn between disclosure by trustees under trust law, arising from beneficiaries’ rights to receive information, and ‘non-party’ disclosure by trustees in litigation, whether given voluntarily or compelled by a court order. Trustees owe beneficiaries a duty to account, as stated by Millet LJ in Armitage v Nurse, and so should act co‑operatively when dealing with proper information requests. Properly exercising disclosure forms part of the trustees’ fiduciary obligations. When asked to disclose, trustees ought to consider whether there is any sound reason to refuse. Beneficiaries do not have a proprietary entitlement to inspect trust documents; rather, they have the right to require disclosure of documents and information rooted in the trustees’ duty of accountability. The decision in Dawson Damer v Taylor Wessing LLP may allow a beneficiary to obtain material not available under trust law if the request can be...
Settlements Pursuant to section 18(1)(h) of the Mental Capacity Act 2005 ( MCA 2005), the court is empowered to sanction the settlement of any of P’s property, either for P’s advantage or for the benefit of others. Mirroring the position on statutory Wills, authorising a settlement for P is a function exclusively for the court and does not come within a deputy’s ordinary powers to administer P’s property and affairs; distinct permission must always be sought by way of a dedicated application for specific authority. In assessing any such application, the court must be assured that P’s financial standing will not be prejudiced in any respect by creating the settlement. It will evaluate P’s income and capital requirements, allowing a prudent and ample contingency margin, before determining whether the proposed arrangement accords with P’s best interests. The court may judge a...
During the life of a marriage or civil partnership, where one spouse or civil partner has a right to live in a property by reason of a beneficial estate, interest, contract or statute, the spouse or civil partner not named on the legal title may register home rights (previously called matrimonial home rights) as a charge against the property under the Land Charges Act 1972 ( LCA 1972) or the Land Registration Act 2002 ( LRA 2002), depending on whether the property is unregistered or registered. The rules on home rights are contained in Part IV of the Family Law Act 1996 ( FLA 1996) and in FLA 1996, Schedule 4. Where the home is owned jointly, both at law and in equity, by the spouse or civil partner together with the other spouse or civil partner, protection under the FLA 1996 is...
This Practice Note This Practice Note sets out details of, and links to, financial standard orders issued by the standard orders group under the authority of the President of the Family Division. It covers standard order 2.1, the financial remedy order (which may be used either for an order made by consent or at a final hearing), directions orders (both long and short), together with search and freezing orders. On 17 May 2023, Mr Justice Peel, the judge responsible for standard orders, announced, with the President of the Family Division’s authority and following a review and consultation exercise, that the standard orders had been updated to reflect developments in law, practice and procedure and to promote consistency. See: LNB News 17/05/2023 88. On 21 May 2024, Mr Justice Peel, judge in charge of standard orders, announced, again with the authority of the...
This Practice Note sets out who may apply for a parental order and the conditions that must be met for a parental order to be made under the Human Fertilisation and Embryology Act 2008 ( HFEA 2008) It considers the parental order reporter’s role and the effect and duration of parental orders, their possible alternatives, together with leading case law. A parental order allows a child to be recognised in law as the child of the applicant(s) where: the child was carried by a woman who is not the applicant, or not one of the applicants, as a consequence of an embryo being placed in her, or the placement of sperm and eggs, or by her artificial insemination; and the gametes of the applicant, or of at least one of the applicants, were used to create the embryo. In addition, the...
This Practice Note It sets out details of, and access to, disclosure standard orders issued by the standard orders group under the authority of the President of the Family Division, including a medical information disclosure order, disclosure orders as to a child’s whereabouts, and an order as well requiring the police to disclose relevant criminal material for use in care proceedings. On 17 May 2023, Mr Justice Peel, the judge overseeing the standard orders, stated that, with the President of the Family Division’s authority and following the review process and consultation, the standard orders had been revised to reflect developments in law, practice and procedure and to promote consistency. See: LNB News 17/05/2023 88. On 21 May 2024, ......
This Practice Note This Practice Note offers details on, and access to, committal standard orders prepared by the standard orders group under the authority of the President of the Family Division. It includes Forms FC601, FC602, FC603 and FC604, which were issued for use in contempt proceedings. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed that—with the President of the Family Division’s authority and following a review and consultation—the standard orders were revised to reflect developments in law, practice and procedure and to promote consistency. See: LNB News 17/05/2023 88. Updated house rules were also issued by Peel J on 17 May 2023 to be read alongside the standard orders. The house rules set out:......
Practice Note This Practice Note outlines the core principles applied by the court to step-parent adoption proceedings, addressing the consequences of an adoption order and the statutory framework for a step-parent adoption order, together with the prerequisites before applying and the procedural steps that must subsequently be observed as required thereafter......
This Practice Note This Practice Note explains when a settlement will be treated as nuptial under section 24(1)(c) of the Matrimonial Causes Act 1973 ( MCA 1973), or as ‘relevant’ for the purposes of Schedule 5, Part 2 to the Civil Partnership Act 2004 ( CPA 2004). It examines the court’s jurisdiction to alter a nuptial or relevant settlement and the associated practice and procedure. It also outlines the court’s approach, particular issues concerning international trusts, and pertinent case law, including the Supreme Court decision in Prest v Petrodel Resources. A nuptial (marriage) or relevant (civil partnership) settlement is one established for the benefit of one or both parties, or their children, and made in contemplation of, or during, their marriage or civil partnership. The courts have adopted a broad construction of the expression; see: What is a nuptial settlement? The court may make a...
This Practice Note outlines and provides access to the standard orders prepared by the standard orders group, acting with the authority of the President of the Family Division and endorsed by the President. It offers links to the most up-to-date versions of the standard orders and describes the history of the standard orders project... On 17 May 2023, Mr Justice Peel, the judge responsible for standard orders, announced—under the authority of the President of the Family Division and following a review and consultation—that the standard orders had been revised to reflect changes in law, practice and procedure and to promote consistency. See: LNB News 17/05/2023 88. On 21 May 2024, Mr Justice Peel, judge in charge of standard orders, further confirmed, with the President’s authority, that some standard orders were updated to reflect developments in law and practice since May 2023. The house...
This Practice Note applies to the majority of applications to the Court of Protection. Do note, though, that applications to appoint a property and financial affairs deputy follow a separate route. Since January 2023, after a successful pilot, an upfront notification process has been adopted as the default for all property and affairs deputyship applications. As detailed in Practice Direction 9H— Property and Affairs Deputyship Applications, the applicant must notify the person concerned and three individuals who know the person affected, using the combined notification and acknowledgement forms, COP14PADep and COP15PADep, and obtain their replies before lodging the application. Responses and any records of the notifications must be filed with the court alongside the application, together with copies of any recordings of those notifications. If applying via the online portal, a COP1 application form is not required. For paper...
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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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