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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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How do I file documents at court? In court procedure, “filing” has a particular meaning. Under CPR 2.3(1), it is “delivering a document or information, by post or otherwise, to the court office”. The method you use can differ depending on the court dealing with the claim. You can file documents in several ways: In electronic form, including: using CE- File electronic working (under CPR PD 5C), which is mandatory in some courts-see: Electronic filing using CE- File by email-see: Electronic filing using email through an online claims service-where a claim starts or continues online, filing will usually be via that service. For details, see Practice Note: Online dispute resolution and the digital justice system- Online County Court services for money claims In...
Different examples of alternative service CPR PD 6A, para 9.3, lists various illustrations of alternative service. In the last few years, courts have adopted a broad array of such orders, reflecting growing dependence on technology; judges have permitted service via tools like airdrop, data rooms and social media channels in practice. These routes have also proved effective where unknown defendants are concerned. At times, one alternative method must be paired with another; for instance, an order permitting airdrop has stipulated delivery by email. Despite the expansion of different techniques, the central purpose of service remains unchanged: to bring the documents squarely to the attention of the person to be served. In many situations, email will be the most fitting route to achieve that aim. That proliferation should not distract from the fundamental objective of service, namely alerting the party to the...
This Practice Note, created with Phil Roberts of Clarke Willmott, sets out a case study exploring the various routes, at both pre-action and post action stages, to safeguard a would-be or actual judgment creditor in pursuing debt recovery—in this instance a footwear supplier. It outlines core principles around guarantees, retention of title provisions, and enforcement options including charging orders, taking control of goods, and third party debt orders, with signposts to related materials on each area. The case study Please note: all names in this case study are entirely invented and any resemblance to real individuals, businesses or companies is purely coincidental and unintended. Pollyanna Pride has supplied shoes to Mr Cobbler of Shoes It Is for nearly three years. Her products are unique soft leather designer boots. They typically sell strongly, despite a retail tag of £295 per pair. Pollyanna takes special pride that,...
Non-party costs orders This Practice Note sets out who a non-party costs order ( NPCO) can be made against and in what circumstances solicitors directors funders expert witnesses insurers litigation friends litigants in person liquidators political parties successful tenderers in public procurement disputes trade unions credit hire companies For details on solicitors, directors and funders, see Practice Notes: Non-party costs orders—solicitors; Non-party costs orders—company directors and shareholders; Non-party costs orders—funders Under section 51 of the Senior Courts Act 1981 ( SCA 1981), the court has a discretion regarding costs of and incidental to proceedings in the civil Court of Appeal, the High Court and the County Court, subject only to the further provisions in SCA 1981, s 51, any other enactment, or the CPR. For general guidance on NPCOs, see Practice Notes: Non-party costs orders—guidelines and Non-party costs orders—application Expert witnesses The court may, in appropriate cases, make an NPCO against an expert witness, although such orders remain...
ARCHIVED : This Practice Note is archived, no longer updated, and provided solely for background information...
This Practice Note outlines the law on product liability and defective goods under the Consumer Protection Act 1987 ( CPA 1987). The Act places liability on producers of defective products. It examines what amounts to a defect for the purposes of the CPA 1987, which parties in the supply chain may face liability, the extent of that liability and any contributory negligence considerations, the categories of damages recoverable, and the defences available to a producer. It also reviews leading case law affecting the meaning of defect and the burden of liability under the CPA 1987, namely Wilkes v De Puy and Gee v De Puy, and notes plans for future reform in this field. Statutory framework CPA 1987 gave effect in UK law to Council Directive 85/374/ EEC on liability for defective products (the EU Product Liability Directive or EU PLD). Part I of the CPA 1987...
This Practice Note outlines solicitors’ duties concerning disclosure owed to their client and the court. It also sets out the need to preserve documents, deliver the required disclosure and work with the opposing party, particularly on electronic disclosure (e‑disclosure). This Practice Note does not address the disclosure scheme used in the Business and Property Courts. For guidance, see: Disclosure Scheme ( Business & Property Courts)-overview. Obligations Throughout the disclosure stage you owe duties to your client, to the court and under other applicable provisions. These include, without limitation: advising your client of the need to preserve documents-see further: Preservation of documents ensuring your client complies with all relevant and applicable provisions and gives compliant disclosure-see further: Full disclosure co‑operating with the other side, specifically in relation to e‑disclosure and/or where the claim proceeds on the multi‑track and does not involve personal injury-see further:...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
This Practice Note examines the doctrine of forum non conveniens, also known as the appropriate forum or the proper place for resolving a dispute. The doctrine is relevant to deciding whether the courts of England and Wales ( English courts) should hear a case and can be invoked across a range of applications. For related guidance on other elements of forum non conveniens, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners. Note: this Practice Note cites the following judgments: Privy Council decision in AK Investment CJSC v Kyrgyz Mobil Tel (2011). In some law reports, this is cited as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Supreme Court decision in Unwired Planet International Ltd v Huawei Technologies ( UK) Co Ltd and Conversant Wireless Licensing SARL v Huawei Technologies ( UK) Co Ltd (2020), referred to as Unwired Planet. The Court of...
Expert determination is a form of alternative dispute resolution ( ADR). This Practice Note outlines expert determination for technical or contract interpretation disputes. It describes the process, addresses how the parties agree to select or appoint the expert, and considers the expert’s jurisdiction. It also covers the binding effect of the expert’s decision, as well as procedure, limitation and potential claims against experts. For general guidance on ADR and other options, see the following Practice Notes: What is ADR? Which form of ADR? What is expert determination? Expert determination is a binding mechanism where an independent expert in the relevant discipline decides a dispute between parties in accordance with provisions they have agreed. It is most often used where an existing agreement provides for referral of a particular issue to an expert. It is especially suited to technical disputes, such as: Rent...
Service Service defects ( CPR 3.10)—illustrative rulings Extensions of time to serve the claim form—illustrative rulings Substituted service—illustrative rulings Substituted service—illustrative rulings (cross-border) Dispensation with service of documents—illustrative rulings Claims and remedies ESG litigation—key and illustrative rulings Contract disputes—key and illustrative rulings (2024–2025) Force majeure—key and illustrative rulings Frustration—key and illustrative rulings Compensation claims by data subjects under UK data protection laws—key case tracker Civil fraud—illustrative rulings (2024–2026) Cryptoassets for Dispute Resolution lawyers—key and illustrative rulings Claims against directors—illustrative rulings Unfair prejudice claims—illustrative rulings Claims against directors—key and illustrative rulings [ Archived] Unfair prejudice claims—key and illustrative rulings [ Archived] Derivative claims—key and illustrative rulings [ Archived] Reflective loss—key and illustrative rulings [ Archived] Negligence...
This Practice Note explores when, why, and the ways in which you may seek declaratory relief (a declaration from the court), together with the considerations the court will apply when exercising its discretion. It outlines the current position and offers practical direction on interpreting and applying the relevant CPR provisions. Depending on the forum in which your matter proceeds, you should also be alert to additional provisions—see further: Court specific guidance below. For guidance on using declarations in cross-border disputes, see Practice Note: Cross-border injunctive and declaratory relief—a guide for dispute resolution practitioners. What is declaratory relief? Also known as a declaratory judgment or a declaration, it is a discretionary remedy that a party may ask the court to grant. In simple terms, it is a statement by the court made at the request of a party. The court may declare parties’ rights, confirm the...
This Practice Note explores the situations in which a court may permit changes to a party’s statement of case once a relevant limitation period has expired (or may have expired). It cites section 35 of the Limitation Act 1980 ( LA 1980) and reviews the pertinent provisions of the Civil Procedure Rules, in particular CPR 17.4, concerning the introduction of new causes of action. It also expressly considers limitation issues that arise in relation to counterclaims. For guidance on determining limitation periods under LA 1980, together with illustrative authorities, see the following Practice Notes: Limitation Act 1980—general application Limitation—the principal limitation periods Limitation—illustrative decisions Limitation and extensions of time—key and illustrative decisions [ Archived] See also Practice Notes: Amending a statement of case—introduction and Amending a statement of case—permission to amend for general information on amending statements of case where limitation is not in issue....
This Practice Note This Practice Note sets out how you may transfer a claim or a cause of action at law or in equity, highlighting key drafting considerations, such as treatment of recoverable losses and who bears costs after assignment. It also deals with timing of any assignment and the procedural consequences of assigning before or after proceedings have begun for both assignee and assignor, including amendments to statements of case and the joinder of additional parties. For guidance on when you may assign a claim or cause of action, see Practice Note: In what circumstances can you assign a claim or cause of action? Note: in this Practice Note, we refer to the assignment of both causes of action and claims. We define a cause of action as ‘...a factual situation the existence of which entitles one person to obtain from the court a remedy against...
This Practice Note considers third party disclosure under CPR 31.17 and CPR 31.18, namely securing disclosure of documents from a third party or other non‑party to the claim. It sets out the process for seeking a third party disclosure order, detailing what must accompany the application, the supporting evidence, and any evidence a non‑party may file in answer to such a request. It also outlines, in practice, the courts’ treatment of these applications, the expense of issuing them, and the costs consequences of complying with a non‑party disclosure order. You should additionally check whether the case is governed by the disclosure regime in the Business and Property Courts. For general guidance on that regime, see: Disclosure Scheme ( Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? How to obtain documents from third parties At times you may know, or have grounds to...
This Practice Note outlines the principal distinctions between mediation and litigation in England and Wales, alongside their likely benefits and drawbacks. What is mediation? Mediation is one of the most familiar and widely used forms of alternative dispute resolution ( ADR). It is a confidential procedure in which an impartial third party (the mediator) helps the parties work towards an agreed outcome to settle their dispute. For a summary of the process, see: Mediation—overview. In July 2021, the Ministry of Justice issued a ‘guide to a civil mediation’ explaining the advantages of civil mediation and how to identify a suitable mediator. Why consider mediation? There are many grounds for seeking a negotiated resolution, including: Preserving the commercial relationship between the parties Minimising the cost and duration of court proceedings Keeping the dispute confidential For general guidance on settling disputes, see Practice Note: Settling...
This Tracker outlines the active pilot schemes currently operating within the civil courts. For details of pilots that have concluded, see Practice Note: Dispute Resolution—pilot schemes which have ended. Key dates and essential details for each pilot are set out below. This information reflects current position within the civil courts. Online court Pilot scheme Damages claims pilot scheme— CPR PD 51ZB Key dates: 28 May 2021 to 1 October 2026 Details: CPR PD 51ZB pilots an online procedure for County Court damages claims where parties act through a legal representative. Claims are handled via the Damages Claims Portal. The scheme covers damages-only claims in the County Court (for example, personal injury, clinical negligence, breach of contract), subject to specific exceptions. For further guidance, see Practice Note: Damages claims pilot scheme— CPR PD 51ZB. Online Civil Money Claims Pilot— CPR PD 51R Key dates: From 7 August 2017 to 1...
This Practice Note sets out the appellate court’s power to award costs, including whether those costs may be assessed summarily and/or ordered on an indemnity basis, and whether costs incurred during an appeal can be recovered. It also examines the Supreme Court’s power to make costs orders, together with the specific provisions relating to skeleton arguments. In addition, it covers the respondent’s costs on applications for permission to appeal, as well as costs on settlement, disposal, dismissal or discontinuance of the appeal. For guidance on challenging a costs order, see Practice Note: Appeals against cost orders. This Practice Note does not address recovery of costs under a statutory appeal. Type of work undertaken on appeal The nature of appellate work typically means counsel’s fees are likely to surpass those of the solicitors. Where both counsel and solicitors are instructed on a short appeal, the...
This Practice Note explains how the conditional fee regime operates for personal injury and clinical negligence matters including: the nature of a conditional fee agreement ( CFA) the regulatory obligations and steps when making a CFA when success fees and insurance premiums are recoverable on an inter partes basis exceptions areas of uncertainty The Jackson costs reforms took effect on 1 April 2013, removing the successful party’s ability to recover additional liabilities—namely success fees and after the event ( ATE) insurance premiums—from the unsuccessful party. There are limited exceptions which are explained below. This statutory framework arises from sections 44–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012), which amended section 58 of the Courts and Legal Services Act 1990 ( CLSA 1990). Although there are no stand‑alone Conditional Fee...
This Practice Note sets out how to work out time periods for carrying out steps mandated by the Civil Procedure Rules ( CPR), any related practice directions, or by a court judgment or order. It also addresses what is meant by clear days and business days. It does not cover the specific CPR deadlines for particular actions. For guidance on the deadlines for filing and serving statements of case in England and Wales, see Practice Note: Time limits for filing and serving statements of case in England and Wales. The importance of calculating time periods correctly Parties must adhere to time limits set by the CPR, practice directions and the court’s orders. These include deadlines for filing and serving documents and for other stages in the claim, such as: filing statements of case; giving disclosure; exchanging witness...
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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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