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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: financial disclosure This Practice Note sets out guidance on financial disclosure and the measures available where a party declines to disclose on a voluntary basis. It also addresses pre-application disclosure, including the protocol under the Family Procedure Rules 2010 ( FPR 2010), via FPR 2010, PD 9A, as well as post-application disclosure. It considers obtaining disclosure from a third party, the care required when dealing with documents belonging to the other party or any form of 'self-help' disclosure, and recommended practice consistent with Imerman v Tchenguiz. There is a continuing obligation of full and frank disclosure in financial proceedings. That duty extends to all material facts, documents and any other information relevant to the issues in the case, together with any material developments occurring after the initial disclosure has been provided. See also Practice Note: The duty of disclosure in...
This Practice Note outlines the courts' approach to pre-nuptial or pre-marital agreements, and summarises leading case law from before and after the Supreme Court decision in Radmacher (formerly Granatino) v Granatino. It also reviews the Law Commission’s report on matrimonial property, needs and agreements, and the notion of qualifying nuptial agreements. See also Practice Notes: Marital and civil partnership agreements—disclosure Marital and civil partnership agreements—independent legal advice Marital and civil partnership agreements—drafting and formalities Marital and civil partnership agreements—international aspects What is a pre-nuptial agreement? A pre-nuptial (or pre-civil partnership) agreement is made by parties planning to marry or enter a civil partnership, setting out how their affairs should be managed if the relationship ends. For most, the emphasis is on financial arrangements, though the parties may also stipulate the jurisdiction in which any divorce or dissolution should proceed. While pre-nuptial agreements are not formally binding in England and Wales, the...
Service in family proceedings ( FPR 2010, SI 2010/2955, Pt 6) Part 6 of the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, contains the principal provisions on service in family proceedings. However, it should be noted that particular provisions in any other Part of FPR 2010, other legislation, or practice directions may displace these general rules, and the court can likewise direct otherwise in a specific matter. The United Kingdom means England, Scotland, Wales and Northern Ireland. There are dedicated rules for service of applications for matrimonial and civil partnership orders, which are set out in chapter 2 of FPR 2010, SI 2010/2955, Pt 6 ( SI 2010/2955, 6.3–6.22). See Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction (pre- DDSA 2020). For information on service of documents in family proceedings outside the...
This Practice Note This Practice Note explains the foundations of the courts’ jurisdiction in family proceedings, and the limited situations where a matter may proceed under the court’s inherent jurisdiction rather than under statute. That inherent power is predominantly engaged in children proceedings and in cases before the High Court. The consequences of Brexit, including any transitional arrangements, are also addressed. At 11pm ( GMT) on 31 December 2020—the conclusion of the transition/implementation period following the UK’s withdrawal from the EU (known in UK law as ‘ IP completion day’)—key transitional measures ended and substantial changes took effect across the UK’s legal framework. This has ramifications for practitioners identifying which courts have jurisdiction to resolve a dispute. For guidance, see also Transitional provisions and Practice Note: Family proceedings with EU...
This Practice Note explains how far the court must consider the welfare and needs of any minor child of the family, under section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) and Schedule 5, Part 5 to the Civil Partnership Act 2004 ( CPA 2004), when deciding how to exercise its powers. It also highlights further factors and possible courses of action the court may take, including instances where a child has special needs. Who is a child of the family? Under MCA 1973, section 52, a “child”, in relation to one or both parties to a marriage, includes a child born outside marriage of that party, or, as applicable, of both parties. A “child of the family” is defined by section 52(1) as: a child of both parties; and any other child treated by both parties to a marriage as a child of...
The Family Procedure ( Amendment) Rules 2016 ( SI 2016/355) updated the Family Procedure Rules 2010 ( SI 2010/2955) and, among other matters, introduced Part 40 together with Practice Direction 40A. These provisions now govern applications for charging orders relating to securities, as well as stop orders and stop notices. The amendments came into force on 6 April 2016. Before that date, the Civil Procedure Rules 1998 ( SI 1998/3132), Part 73 and PD 73, applied with modifications. The principal statute remains the Charging Orders Act 1979. Further revisions to the application forms took effect on 6 April 2017: Form N380 (application for a charging order on securities) was replaced by Form FE7, and Form N379 (application for a charging order on land) was replaced by Form FE6. See also Practice Note: Charging orders. Charging orders over securities...
This Practice Note outlines the actions required in family cases when preparing an appeal, the document filing obligations, the authority of the appeal court and the range of orders it may issue. It further describes the appellate court’s function, the appellate test, and the principal provisions of the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 30, together with FPR 2010, PD 30A and FPR 2010, PD 30B. For guidance on overarching principles and on applying for permission, consult Practice Notes: Appeals—general principles, practice and procedure and Applications for permission to appeal in the Family Court. See also: Forms and fees. Routes of appeal to the Court of Appeal and the Supreme Court are governed by the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, Pt 52 and the associated Practice Directions; see Practice Note: Appeals to the Court of Appeal or the...
This practice note sets out when to use the procedure for applications under FPR 2010, Part 19 and offers practical direction on that process. It identifies the necessary forms and how to complete them, outlines what a respondent ought to do, and specifies the applicable time limits. It also addresses the filing of evidence and arrangements for the hearing as well, where appropriate. General The Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955 provide direction on procedure and forms for defined categories of proceedings, eg applications for matrimonial and civil partnership orders; applications for financial remedies; applications for occupation orders and non-molestation orders; and applications concerning children. For all other applications made within family proceedings where no particular procedure is set by a rule or practice direction, guidance is found in Parts 18 and 19. FPR 2010, SI 2010/2955, Pt...
This Practice Note sets out how to apply for a gender recognition certificate ( GRC) under the Gender Recognition Act 2004 ( GRA 2004), explains appeal and registration processes, and outlines the consequences of a GRC. It further addresses the approach of a Gender Recognition Panel when deciding an application, the necessary medical evidence, and the amendments to GRA 2004 introduced by the Marriage ( Same Sex Couples) Act 2013 ( M( SSC) A 2013) and the Civil Partnership ( Opposite-sex Couples) Regulations 2019, SI 2019/1458. Background The passage of GRA 2004 on 4 April 2004 came after two European Court of Human Rights ( ECt HR) judgments delivered against the United Kingdom: Goodwin v United Kingdom and I v United Kingdom. In Goodwin, the ECt HR held that refusing post-operative transsexual people permission to amend their birth registration to record their...
This Practice Note outlines the meaning of a child arrangements order ( CAO) under section 8 of the Children Act 1989 ( Ch A 1989), with particular emphasis on CAOs that determine the time a child spends with, or otherwise has contact with, any person (previously known as a contact order). It sets out the considerations taken into account and the overarching principles the court applies to contact orders. It describes the effects of a CAO. It also identifies who may apply for a CAO, restrictions on making one, and the duration of a CAO. It addresses cases where parental contact was refused and the presumption of continuing contact... Child arrangements orders Since 22 April 2014, residence orders and contact orders have been replaced by a single order called a CAO......
This Practice Note offers an overview of the considerations the court must take into account, contained in section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) — commonly referred to as the section 25 checklist or section 25 factors — together with the parallel provisions in Schedule 5, Part 5 to the Civil Partnership Act 2004 ( CPA 2004). The checklist is engaged when the court considers whether to exercise, and how to deploy, its powers under MCA 1973, ss 23, 24, 24A, 24B or 24E (or their civil partnership equivalents), namely in relation to financial provision orders (periodical payments and lump sum orders), property adjustment orders, orders for the sale of property, pension sharing orders and pension sharing compensation orders. See also Practice Note: Financial proceedings—orders that can be made by the court. The section 25...
Family Procedure Rules 2010 ( FPR 2010) When the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955 took effect on 6 April 2011, they represented the most far‑reaching overhaul of family procedure since the Family Proceedings Rules 1991 ( FPR 1991). Since then, FPR 2010 has undergone numerous amendments; for particulars, see Practice Note: FPR 2010—recent and forthcoming amendments. The framework consists of 41 Parts, arranged into distinct chapters and rules, adopting a layout akin to the Civil Procedure Rules 1998, SI 1998/3132 ( CPR 1998), and supported by accompanying Practice Directions. For a full list of the Parts and Practice Directions, see Practice Note: Family Procedure Rules 2010 index. At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s withdrawal from the EU ended. At that moment (termed in UK law as ‘ IP completion day’), key...
Practice Note This Practice Note explains the statutory duty on the court to consider the parties’ needs in line with the section 25 checklist in the Matrimonial Causes Act 1973, and the equivalent provisions for civil partners in the Civil Partnership Act 2004, Sch 5 Pt 5. It also reviews relevant authorities on needs, the treatment of non-matrimonial/civil partnership property, and the Family Justice Council’s guidance on needs... Under MCA 1973, s 25(2)(b), the court must have regard to the financial needs, obligations and responsibilities that each spouse has, or can be expected to have, in the foreseeable future. The mirror provision for civil partners appears in CPA 2004, Sch 5 Pt 5, para 21(2)(b)... The welfare of any child of the family, while a minor, is the court’s first consideration. An appraisal of the parties’ needs is not undertaken in isolation; the court assesses all the...
This Practice Note outlines the pilot express financial remedy ( EFR) route for financial remedy applications where combined net assets are below £250,000 (excluding pension rights). It takes effect from 7 April 2025 through the Family Procedure Rules 2010 ( FPR 2010), namely FPR 2010, PD 36ZH. It examines eligibility for the scheme and any exceptions, offers practical guidance, and explains the interface with FPR 2010, SI 2010/2955, Pt 9, together with FPR 2010, PD 9A (application for a financial remedy) and related provisions of FPR 2010. The pilot operates from 7 April 2025 to 2 April 2027. The intention is that eligible applications ‘will follow a new express financial remedy procedure with a view to further enhancing efficiency in the disposal of financial remedy cases’. FPR 2010, PD 36ZH—how it works, eligibility and exceptions FPR 2010, PD 36ZH does not introduce...
This Practice Note summarises the Family Public Law ( FPL) HM Courts and Tribunals Service ( HMCTS) online service release notes for solicitors/legal professionals and local authorities. These notes outline design and other changes applied to the HMCTS online service used to issue and manage public law children proceedings. The most recent notes are listed below. For practical help on using the HMCTS online service, see Practice Note: Online public law children proceedings. For practical guidance on public children procedure, see Practice Note: Public law children procedure— Public Law Outline. For guidance on adding a barrister so they can access the case via My HMCTS (where their own organisation is registered with My HMCTS), see: Contact the FPL service with any feedback about the online service at Family Public Law Service...
This Practice Note explains the practice and procedure that regulate citing authorities in the family courts. It reviews the 2001 Practice Note (citation of cases: restrictions and rules) (the 2001 Practice Note on the citation of authorities) together with the 2012 Practice Direction ( Citation of Authorities) (the 2012 Practice Direction on the citation of authorities). It also outlines the President of the Family Division’s guidance, issued on 27 February 2025, on citing authorities and the judgments of circuit and district judges (the 2025 guidance). That guidance makes clear that judgments at circuit judge and district judge level are not to be cited unless they include an express statement, approved by the relevant leader. Instances of cases cited retrospectively are identified. Judgment publication guidelines It is ordinarily in the public interest that judgments are published, including those stemming from private...
This Practice Note signposts core family precedents on Lexis+® UK, spanning precedents with drafting notes and the standard orders produced under the standard orders project. It also lists Lexis+® UK client guides—template letters for numerous family law matters—for practitioners to send to clients. For key financial provision precedents in Lexis+® UK, refer to Practice Note: Fast find key family financial provision precedents. For the collection of standard orders issued by Mr Justice Peel (lead judge for standard orders) with the President of the Family Division’s authority, see Practice Note: Index of family standard orders. Pre-action At the outset of a new matter, you may use the following client questionnaire and retainer letter: Client questionnaire/instruction sheet BFLS 1E [21002] Client care/retainer letter BFLS 1E [21004] Relationship breakdown precedents (post- DDSA) The precedent letters below can be sent to clients to outline the stages of divorce where the...
This toolkit It consolidates various materials and papers linked to the pre-application requirements in family proceedings and the obligation to consider non-court dispute resolution ( NCDR). It provides directions to provisions within the Family Procedure Rules 2010 ( FPR 2010) and to the pre-application protocols that the court expects parties to follow before issuing private law proceedings concerning children under the Children Act 1989, as well as financial proceedings. It further points to Lexis+® UK Practice Notes, precedents, forms and cases designed to support practitioners when evaluating NCDR. To encourage increased mediation information and assessment meeting ( MIAM) attendance and to promote earlier resolution of private law proceedings relating to children and financial remedy proceedings, FPR 2010, SI 2010/2955, Pt 3, together with FPR 2010, PD 3A, were amended by the Family Procedure ( Amendment No 2) Rules 2023, SI 2023/1324 and by the sixth...
This toolkit provides an overview This toolkit collates a comprehensive range of practical materials and guidance linked to the various Hague Conventions administered by the Hague Conference on Private International Law ( HCCH), tailored for family practitioners. It sets out resources on the Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) and the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the 2007 Hague Convention) concerning the reciprocal enforcement of family maintenance between contracting states, alongside details of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (the Hague Service Convention 1965), which addresses service of documents in family proceedings beyond the jurisdiction of England and Wales. In addition, it covers the...
This Practice Note summarises calculators available to assist family lawyers, including the following: child maintenance calculator state pension calculator legal aid calculator retail price index ( RPI) calculator consumer price index ( CPI) calculator life expectancy calculator interest on judgment debt calculator Duxbury tables Child maintenance calculator The GOV. UK Child maintenance calculator can be used to calculate the amount of child maintenance payable for children. For further guidance, see Practice Notes: Child support—respective jurisdictions of the Child Maintenance Service and the court and Statutory child support scheme. CPI calculator The Lexis®Calculate CPI calculator is helpful for assessing the impact of inflation—for example on periodical payments—where indexation is tied to CPI. For further guidance see Practice Note: At a Glance 2025–2026. In the 2023–2024 edition of At a Glance, table 6, the CPI table, replaced......
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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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