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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
Practice Note This Practice Note outlines the process to be followed when seeking a pension sharing order or a pension attachment order within family proceedings, covering the form the application should take, the information required about the relevant pension scheme, the steps to be taken during the proceedings, how to draft the order, and the actions needed to put the outcome into effect. It also explains the requirements for deploying Form P1 or Form P2. An application for pension provision is made using Form A under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, typically alongside an application for other financial orders. The fast-track (shortened) financial remedy procedure is not available. See also Practice Note: Issuing financial proceedings in Form A (standard procedure). Where a pension order is pursued following an overseas...
This Practice Note addresses matters relating to looked after children placed in foster care, and the people who care for them — termed in statute as foster parents, though more commonly referred to as foster carers. It further outlines government guidance on early permanence placements (previously called 'fostering to adopt') and examines how that policy aligns with, and is interpreted by, case law. The Note differentiates between English and Welsh law, which diverge in a number of respects across both primary legislation and regulations, whilst also identifying areas of law that apply equally in both jurisdictions. Looked after children who are fostered England and Wales—general A child is regarded as looked after where they are in the care of the local authority (covering both interim care orders and full care orders), or where they are provided with accommodation by the local authority under any of its...
This Practice Note explains what ought to be considered before issuing financial proceedings, in line with the pre-application requirements contained in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 3, together with FPR 2010, PD 3A and FPR 2010, PD 9A. It provides guidance on the requirements for attendance at a mediation information and assessment meeting ( MIAM). It also examines the provisions of the pre-application protocol, which is annexed to FPR 2010, PD 9A, and describes the steps that the court will expect the parties to take in relation to non-court dispute resolution ( NCDR) and disclosure prior to the commencement of any application for a financial remedy. Pre-issue mediation information and assessment ( FPR 2010, SI 2010/2955, Pt 3 and FPR 2010, PD 3A) FPR 2010, SI 2010/2955, Pt 3, together with FPR 2010, PD 3A, requires every...
Mastering advocacy forms a strand of solicitor training, yet many seldom deploy it in practice. Structured modules feature in the Solicitors Qualifying Examination ( SQE), Legal Practice Course ( LPC) and Professional Skills Course ( PSC), but, when set beside the Bar, the provision is slight. Before April 2013, legal aid family cases generated ample advocacy openings, particularly for junior lawyers, to build confidence so they could carry it into their work as they moved to senior roles, but the excision of so much from legal aid’s scope has meant chances to practise advocacy are shrinking. This Practice Note examines advocacy in terms of training and business development rather than detailed practical techniques. It does not address courtroom mechanics or the granular craft of delivery. Why should a practice develop advocacy as a...
This Practice Note This Practice Note outlines how mediation unfolds and the matters that the parties' solicitors should address before, during, and following the mediation. It covers initial information, the intake meeting, a memorandum of understanding, plus the participation of third parties in mediation, and features a glossary explaining frequently used terms and their definitions and meaning too......
This Practice Note sets out how arbitration operates in family matters, available for financial disputes from March 2012 and for children issues from July 2016. It reviews, in particular, the applicable rules, explains the part played by a solicitor acting for a party in achieving a binding arbitration, and highlights the principal benefits of arbitration. It also describes the reach and application of the Institute of Family Arbitrators ( IFLA) scheme and the arbitrator’s powers. For practical guidance on the courts’ role and approach in relation to arbitral awards or determinations, see Practice Note: Family arbitration—the role of the courts. What is arbitration? Arbitration is a formal method of dispute resolution in this context. The parties enter into an agreement by which they appoint a suitably qualified individual (an arbitrator) to decide their dispute and issue an award. Family law disputes have been...
FORTHCOMING CHANGE : The Pension Schemes Bill, anticipated to obtain Royal Assent in 2026, among other measures, would confer on the Pensions Ombudsman powers mirroring those of a competent court where pension overpayments must be recouped. As a result, trustees would no longer need to seek County Court orders in these matters, thereby cutting legal spend, easing administrative effort and promoting a swifter, more streamlined recovery for schemes and members, and ensuring a more efficient process overall. For more detail, see LNB News 05/06/2025 42 and Pension Schemes Bill—tracker — Pensions Ombudsman and overpayments. This Practice Note reviews the scope of the Pensions Ombudsman to handle occupational and personal pension complaints and disputes under its adjudication function, covering: who may bring or refer complaints/disputes which complaints/disputes fall within or outside its remit the powers he can exercise when determining...
This Practice Note introduces non-court dispute resolution ( NCDR) (previously referred to as alternative dispute resolution ( ADR)). It outlines the obligation to consider non-court ways of settling family disputes under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. This includes the duty to attend a family mediation information and assessment meeting ( MIAM) and recognition of the pre-application protocols for financial remedy and private children proceedings. It also explains when the court may adjourn proceedings to allow the parties to undertake NCDR... Pre-application requirements FPR 2010, SI 2010/2955, Pt 3, read alongside FPR 2010, PD 3A, requires all prospective applicants to attend a MIAM before issuing specified applications for a court order in relevant family proceedings, unless an exemption applies. At every stage, the court must assess whether NCDR is suitable and has a general power to adjourn so that NCDR can be...
Please note that the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Any proceedings issued by the court on or after 6 April 2022 will fall under DDSA 2020 and the procedural changes set out under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail, refer to Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings begun by the court on or before 5 April 2022 will carry on under the pre- DDSA 2020 regime, regardless of submission through the digital platform or by paper forms. These applications will therefore not be affected by DDSA 2020 coming into force, nor by the resulting alterations to procedure. This document sets out the position for proceedings issued before 6 April 2022. As a result of DDSA 2020,...
This Practice Note outlines the meaning of child guardianship under section 5 of the Children Act 1989 and describes the consequences of a guardian’s appointment. It also identifies the principles a court applies when deciding whether to appoint a guardian, and considers appointments made by a parent or guardian, including how an appointment can be made and when it comes into force. In this context, a guardian is the person formally designated to step into the role of a deceased parent and may only be appointed in line with the Children Act 1989. The role is distinct from that of a special guardian under section 14A, and from a children’s guardian under section 41. the court; a parent who holds parental responsibility; an existing guardian; a special guardian. More than one individual can be appointed to act as a child’s...
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, now replaces and supersedes 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:...
This Practice Note provides guidance on jurisdiction in children proceedings, having regard to the implications of Brexit. It explains how jurisdiction is to be determined in children proceedings in the context of Brexit. It covers both the regime operating from 1 January 2021 and the arrangements that applied up to IP completion day (31 December 2020), including when transitional provisions apply. See: Jurisdiction on and after 1 January 2021 and Jurisdiction prior to IP completion day (31 December 2020) and where transitional provisions apply. It also outlines the procedure to follow when jurisdiction is in issue in children proceedings, and judicial guidance. This includes the President of the Family Division’s Guidance: Transfer of proceedings, issued on 21 January 2025, which replaces the April 2016 guidance on transfers under Article 15 of Council Regulation ( EC) No 2201/2003 of 27 November 2003...
This Practice Note This Practice Note sets out guidance on appointing a single joint expert witness in financial proceedings under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 25 and the supporting practice directions. It explains what should be weighed up before making a formal instruction, how to apply for permission, what the letter of instruction must include, and how to manage any supplementary instructions. It further outlines the general approach to expert evidence, the expected form and substance of the expert’s report, and the provisions governing meetings and discussions between experts in matters where each party has instructed their own expert......
During the disclosure process—whether undertaken voluntarily or following a formal application for a financial remedy—you will need to supply particulars of the family home and any other property in which the client has an interest, including the HM Land Registry title number and the details of the registered proprietor(s) of the property. Where land is registered, most of the necessary information is contained on the title to the property, setting out the essential particulars. For unregistered properties, evidence of ownership, particulars of any charges affecting the property, and other relevant information are located within the title deeds. Official copies (title number or full address known) If the title number or the full address of the property is known, you may request official copies of the register and/or the title plan from HM Land Registry. Copies can be obtained for the register, the plan, or both, as...
This Practice Note outlines the requirements governing family proceedings when taking an appeal to the Court of Appeal or to the Supreme Court, including provisions in relation to permission, bundles, second appeals and costs. It sets out the applicable provisions contained in the Civil Procedure Rules 1998 ( CPR) and reflects the changes to Supreme Court appeals that came into effect on 2 December 2024. Court of Appeal Appeals to the Court of Appeal are regulated by CPR 52, alongside CPR PD 52A ( Appeals: general provisions) and CPR PD 52C ( Appeals to the Court of Appeal). Revisions to CPR 52, CPR PD 52A and CPR PD 52C took effect on 3 October 2016, when a new CPR 52 was substituted by the Civil Procedure ( Amendment No 3) Rules 2016, SI 2016/788. Practice guidance issued on 1 August 2015 sets out the revised hear-by dates...
Practice Note This Practice Note sets out the steps to follow when parties reach agreement before the final hearing of an application for a financial remedy. It addresses: consent orders and use of the standard order format the statement of information ( Form D81) applying for court approval, including mandatory online submission when to prepare heads of agreement Rose orders and Xydhias agreements the courts’ approach where a distinct agreement exists and contractual remedies may apply It is usual for parties to settle before the final hearing. Settlement may occur at any point in the proceedings, even during a final hearing. Once agreement is reached, a draft consent order should be drawn up promptly, recording the terms agreed between the parties. The President of the Family Division’s memorandum on drafting orders states that, where one or both parties has legal...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) The DDSA 2020 came into effect on 6 April 2022. Proceedings issued by the court on or after that date fall under the DDSA 2020 and the revised procedures in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Cases issued by the court on or before 5 April 2022 will continue in line with the pre‑ DDSA 2020 framework, whether lodged via the digital system or on paper. These applications are not affected by the commencement of the DDSA 2020 or the resulting procedural updates. This document sets out the position for proceedings issued before 6 April 2022. Consequential legislative amendments have been introduced following the DDSA 2020, including to FPR 2010, Pt 7......
Practice Note This Practice Note outlines the procedural steps to follow when parties have reached a consent agreement within financial remedy proceedings, including how to lodge consent orders through the online system and the details the court requires in Form D81 ( Statement of Information for a consent order in relation to a financial remedy). It also offers practical guidance on the court’s role when reviewing a draft consent order and explains the court’s approach to outcomes reached via non-court dispute resolution, eg mediation, arbitration and collaborative law. For practical help with drafting, see Practice Note: Drafting the terms of a financial consent order. Use of the online system is compulsory where the applicant or both parties are legally represented; only a small number of applications fall outside its scope, see further Practice Note: Online applications for financial consent orders. Where a consent order is...
Procedural guides Procedural guides deliver step-by-step direction across numerous family law topics, covering emergency procedures, divorce, cohabitants, children proceedings, financial provision, international matters, as well as enforcement. Each guide also provides links to a range of connected resources, including, for example, Practice Notes, forms, cases, Precedents and legislation. For client guides—precedent letters addressing a spectrum of family law issues that can be issued directly by the family law practitioner to a client—refer to Practice Note: Family client guides......
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 President of the Family Division’s approval, replaces and supersedes: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether heard 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 in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the...
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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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