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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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STOP PRESS: The Financial Remedies Guide 2026, released 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, replaces and supersedes: 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 Financial Remedies Court:...
This Practice Note sets out information on recent and upcoming changes to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955—the principal procedural rules for family proceedings—together with all related Practice Directions. Amendments are set out by year from 2020 onwards. Some pilot schemes introduced in earlier years continue; see Practice Note: Pilot schemes in the Family Court. It also outlines changes to FPR 2010 arising from Brexit with effect from 11 pm on 31 December 2020 (implementation period ( IP) completion day), and from the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) from 6 April 2022. For an index to FPR 2010 and the accompanying Practice Directions, consult Practice Notes: Family Procedure Rules 2010 index and Introduction to the Family Procedure Rules 2010. For details of how Brexit and the DDSA 2020 affect the FPR 2010, see: Brexit and DDSA...
This Practice Note This Practice Note offers details on, and links to, standard orders relating to domestic abuse, forced marriage and female genital mutilation ( FGM), issued by the standard orders group with the authority of the President of the Family Division, including occupation and non-molestation orders and orders under the Domestic Abuse Act 2021 ( DAA 2021). On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed that, with the President of the Family Division’s authority and after a review and consultation, the standard orders were formally updated to reflect ongoing shifts in law, practice and procedure and to secure consistency. See: LNB News 17/05/2023 88. On 1 June 2023, Peel J made necessary amendments to standard order 10.1—non-molestation order—and standard order 10.2—occupation order to correct an error in the warning notices. Updated house rules were also issued by Peel J on 17 May 2023 to be...
This Practice Note It sets out information about, and links to, immigration standard orders issued by the standard orders group, with the authority of the President of the Family Division. The group acts with the authority of the President of the Family Division. These include, in particular, a request for information directed to the Immigration and Asylum Tribunal, and an order requiring disclosure of information to that Tribunal. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed—with the President’s authority and following a review process and consultation period—that the standard orders had been revised to mirror developments in law, practice and procedure, and to promote consistency. See: LNB......
Practice Note This Practice Note sets out information and access to standard orders issued by the standard orders group with the authority of the President of the Family Division, relating to declarations, including declarations of legitimacy or legitimation, overseas adoptions, marital status, and parentage. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, stated that, with the President of the Family Division’s authority and after a review and consultation period, the standard orders were updated to reflect developments in law, practice and procedure and to secure consistency. See: LNB......
This year’s annual review reflects on key shifts in 2017 across family practice and procedure, and flags what lies ahead for 2018. Highlights from the last 12 months cover revisions to divorce processes, tweaks to the divorce petition ( Form D8) and statements of truth, advocacy for no-fault divorce, the separation of divorce and financial claims, and fresh provisions in the Family Procedure Rules 2010 ( FPR 2010), Pt 3A and PD 3AA concerning vulnerable individuals taking part in proceedings and giving evidence. You will also find updates to Lexis Nexis® content and a look at what’s planned over the coming year. Reviewing 2017 Relationship breakdown What happened? There were several amendments to FPR 2010, SI 2010/2955 in 2017 impacting relationship breakdown: a new practice direction, FPR 2010, PD 36D, introduced a divorce pilot enabling specified applications to be submitted through an online route the...
This Practice Note This Practice Note sets out details of, and access to, child abduction standard orders authorised by the President of the Family Division and produced by the standard orders group. It applies, including in relation to, proceedings under the 1980 Hague Convention, the 1996 Hague Convention, the Family Law Act 1986 and Brussels II bis, where applicable under transitional and saving provisions post- Brexit. The suite of orders includes directions, disclosure, return and non-return orders, transfers, and wardship. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed that, with the President’s authority and following the review process and consultation period, the standard orders had been revised to reflect changes in law, practice and procedure and to achieve consistency. See: LNB News 17/05/2023 88......
Practice Note This Practice Note summarises the principal provisions of the Marriage ( Same Sex Couples) Act 2013 and its effect on existing legislation, together with implementation dates and the arrangements for converting same-sex civil partnerships. The Marriage ( Same Sex Couples) Act 2013 ( M( SSC) A 2013) received royal assent on 17 July 2013. Its core purpose is to allow same-sex couples to marry, either by a civil ceremony (ie a civil ceremony held in a register office or on approved premises such as a hotel) or, where the relevant religious organisation agrees, on religious premises with the marriage solemnised through a religious ceremony. M( SSC) A 2013 retains civil partnerships for same-sex couples but permits those already in a same-sex civil partnership to convert that relationship into a marriage should they wish (see: Conversion of civil...
For family solicitors and separating spouses, the consequences of insolvency can significantly impact divorce cases and, in certain scenarios, may mean the family court lacks authority to determine any applications for financial relief (including applications for property adjustment). This consequence has been explored in numerous decisions across both the insolvency and family jurisdictions. Regrettably, it is far from rare for bankruptcy to be underway while divorce is also in train, and parallel proceedings can generate tension over how assets should be divided. While the family court seeks to make an order dealing with the assets (a property adjustment order), weighing, among other factors, the parties’ and children’s future needs, the bankruptcy court focuses on distributing assets by reference to proprietary rights, placing creditors’ interests foremost. In practical terms, the insolvency court approaches division on a real property basis, with the...
Failure to advise on legal aid eligibility may amount to negligence, even where a firm does not carry out legal aid work, and a client’s potential eligibility for legal aid must be considered at the outset of the case In David Truex Solicitor (a firm) v Kitchin, the court, addressing costs, found the client had not been informed about the availability of legal aid at the earliest opportunity and underlined that solicitors must assess eligibility from the start. The client was entitled to recover all sums paid to the solicitors, save for a small amount for the initial conference. See Practice Note: Taking initial instructions from family clients. Practitioners must take into account their client’s attributes, needs and circumstances. For additional guidance, see Practice Note: The Solicitors Regulation Authority ( SRA) regime for family lawyers. As a consequence of the reforms introduced by the Legal Aid,...
Specific conventions should be observed when speaking to members of the judiciary at all times...
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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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