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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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Applications in the Technology and Construction Court If your case is proceeding in the Technology and Construction Court ( TCC), the provisions of the TCC Guide apply to any application you bring. This Practice Note sets out guidance on applications in the TCC, with reference to the appropriate sections of the TCC Guide. It focuses on preparing for an on-notice application hearing in the TCC, particularly the documents that must be readied before the hearing, and the manner and timing of providing them to the court. For help with the overall process of making an application in the TCC, from pre-application considerations through to issue, see Practice Note: Making an application in the Technology and Construction Court ( TCC). The following general points should be noted: The TCC Guide offers practical information about TCC proceedings but is not a substitute for the CPR and must be read...
ARCHIVED: This Practice Note is archived and no longer maintained. Except where an appeal notice was lodged, or permission to appeal was granted, before 1 October 2012, it is provided for historic reference only... For guidance on the current regime for starting an appeal, see the Practice Notes: Grounds for appealing and preliminary considerations; Starting an appeal—destination of civil appeals; and Starting an appeal—general provisions. Any CPR rules and practice directions cited here link to the provisions now in force rather than those that applied before 1 October 2012. For the pre- October 2012 position, consult the attached PDF documents... Form of notice The appellant’s notice sets out the appellant’s case on appeal. It must be in the prescribed format: Form N164 for appeals against small claims track decisions Form N161 for all other appeals (excluding appeals to the Supreme...
ARCHIVED: This Practice Note has been archived and is not maintained Save where an appeal notice was filed or permission to appeal obtained before 1 October 2012, this Practice Note is kept for historical reference only. For current requirements, see Practice Note: Conducting an appeal in the Court of Appeal. Any CPR rules and practice directions cited here will direct you to the provisions presently in force, not those that applied before 1 October 2012. For the pre- October 2012 position, consult the attached PDFs: CPR 52 (old) CPR PD 52 (old) Filing and serving documents Documents must be filed at the Civil Appeals Office Registry, Room E307, Royal Courts of Justice, Strand, London WC2A 2LL. Tel: 020 7947 6409. The Court of Appeal will not serve documents; service rests with the parties. Filing by email is permitted for: an...
This Practice Note surveys a selection of significant and illustrative rulings addressing how the courts decide whether to direct a preliminary issue or a split trial. It should be read alongside Practice Note: Dispute resolution—preliminary issues and split trials. Case details and analysis Issues considered Petersen Energia Inversora v The Argentine Republic [2026] EWHC 344 ( Comm) News Analysis: Foreign law disputes—non-compliance with CMC order risked loss of foreign law defence ( Direct Investments Ltd (a company in receivership incorporated in the British Virgin Islands) v Mittal- Goenka) Waksman J declined Petersen’s bid to split the jurisdictional hearing, despite submissions that some points could be determinative. The claimants said that threshold issues—such as the competence of the Southern District of New York court, submission to jurisdiction, and issue estoppel—could dispose of the proceedings without addressing Argentina’s substantive public policy and state immunity defences. They...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is retained for historical reference. It outlines the proposals to reform Part 36 that were scheduled for, and which came into force in, April 2015. For guidance on the rules applying from 6 April 2015, see Practice Note: Part 36 offers—what are they, why make them? and related content. A Part 36 sub-committee of the CPR Committee was formed to review the whole of Part 36 and to consider whether reform was required; any changes to be implemented through CPR amendments in 2015, with April 2015 the anticipated commencement date. The sub-committee is chaired by Edward Pepperall QC and includes: Mr Justice Sales David Di Mabro Amanda Stevens Qasim Nawaz Although Part 36 was comprehensively revised in 2007, the subsequent reforms target particular issues rather than replacing Part 36 in its...
Precedent at common law Observance of precedent is a crucial feature of common law adjudication. When a precedent is binding, later courts should, in the ordinary course, follow and respect it. The binding effect operates in two ways: Vertical stare decisis: Decisions of higher courts must be honoured by courts below. In Cassell & Co Ltd v Broome, the Lord Chancellor underlined that, within this country’s court hierarchy, each lower tier must loyally accept the rulings of the higher tiers. In Willers v Joyce ( No 2), Lord Neuberger explained that, in a common law system where judges make the law in some areas and develop it in virtually all, the doctrine of precedent (stare decisis) is fundamental; determinations of law by more senior courts have to be accepted by more junior courts, otherwise the law becomes anarchic and forfeits...
This Practice Note explains how to prepare a costs budget and should be read alongside Practice Note: Costs budgeting—completing Precedent H (costs budget). It identifies which version of Precedent H is required, depending on when proceedings were issued, with links to the applicable forms. It also describes how to complete the document using a series of checklists. Further, it addresses matters arising in cases that call for costs budgets involving multiple parties, multiple sets of proceedings, or group litigation. Guidance is given on setting hourly rates for both incurred costs and projected future expenditure, including the use of composite or blended rates to forecast upcoming work. The Note also covers partial completion of a budget, avoiding double counting, who is permitted to sign the budget, the cost of producing the budget, the costs of costs management, and...
This Practice Note outlines the pre-action protocols, citing the Practice Direction Pre- Action Conduct and Protocols ( Practice Direction), and provides a summary of the particular pre-action protocols that may apply to your dispute. It gives guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your matter is progressing, you may also need to consider further provisions—see below. For details on: the reforms proposed by the Civil Justice Council following its review of the pre-action protocols, and any related developments discussed at subsequent Civil Procedure Rule Committee and Online Procedure Rules Committee meetings—see: Pre-action protocols—overview the importance of alternative dispute resolution ( ADR)—see: ADR and dispute resolution clauses—overview and Mediation—overview developments concerning online dispute resolution—see: Starting and managing online claims—overview general guidance on commencing a claim—see: Starting a claim or...
The Pre- Action Protocol for Resolution of Package Travel Claims (the Package Travel Protocol) It applies to matters worth no more than £25,000. Claims proceed on a fixed costs basis; see Fixed costs—cause of action accrued before 1 October 2023 and Fixed costs—cause of action accrues on or after 1 October 2023 below. A ‘package travel claim’ seeks compensation for gastric illness suffered during a package holiday. ‘ Gastric illness’ comprises any gastrointestinal condition: arising from a breach of contract, a statutory duty, or a common law duty connected with services, food, or drink supplied in relation to a package holiday ‘ Package holiday’ refers to a package regulated by the Package Travel, Package Holidays and Package Tours Regulations 1992, SI 1992/3288, or the Package Travel and Linked Travel Arrangements Regulations 2018, SI 2018/634. For further information on the Package Travel regulations, see Practice Note: Package holiday...
This Practice Note examines CPR 14, addressing admissions, and specifically CPR 14.3, which relates to admissions arising under the Pre- Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA Protocol), the Pre- Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims (the EL/ PL Protocol) or the Pre- Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (the RTA Small Claims Protocol). Historic versions of CPR 14 and CPR PD 14 The CPR rules concerning admissions were updated with effect from 1 October 2023. In particular, CPR 14 was overhauled significantly and Practice Direction 14 was removed. Judgments issued before these amendments took effect on 1 October 2023 may therefore refer to earlier provisions and numbering, and should be read with appropriate caution in view of the...
Archived : This Practice Note reflects rules that applied up to 5 October 2011 and is retained purely as a historical record. Why is the position pre 6 October 2011 relevant in my case? If you agreed retainers, funding arrangements, etc with clients on or after 6 October 2011, the client information you must provide is governed, at least in part, by the Solicitors Regulation Authority ( SRA) Code of Conduct that took effect on 6 October 2011 (the 2011 Code). The 2011 Code does not operate retrospectively. Consequently, where a retainer, fee arrangement, etc was entered into before 6 October 2011, the earlier SRA Code commencing on 1 July 2007 (the 2007 Code) and the Solicitors Information and Client Code 1999 (the 1999 Code) may be pertinent if there is a challenge about what you were required to tell your client under each code during the...
ARCHIVED: This Practice Note is archived and no longer maintained. It is supplied solely for historical reference purposes, as it sets out Part 36 of the CPR as it applied before 6 April 2015. If you have received, or are making, a Part 36 offer on or after 6 April 2015, you should refer to the CPR 36 that is currently in force and to our Practice Notes and Precedents that address this—see: Part 36 offers—overview. If you have made, or are in receipt of, a Part 36 offer predating 6 April 2015, then the Part 36 provisions in force before that date apply. You can obtain a copy of the pre‑6 April 2015 Part 36 rules here in full: If you have made, or are in receipt of, a Part 36 offer which predates 6 April 2015 but where a trial of any...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is retained solely as an historical record and is not maintained; its content is preserved for reference only. It sets out Part 36 of the CPR as it applied before 6 April 2015. For any Part 36 offer made or received on or after 6 April 2015, you should look to the version of CPR 36 currently in force together with our associated Practice Notes and Precedents covering that topic; see: Part 36 offers—overview. Where a Part 36 offer was made, or received, before 6 April 2015, the Part 36 provisions that were in force prior to that date will apply. You can obtain a copy of the pre‑6 April 2015 Part 36 rules here: If a Part 36 offer predates 6 April 2015 but any trial of any part of the...
On 2 December 2024, the Lord Chancellor confirmed a change to a positive 0.5% discount rate, effective from 11 January 2025. Under Schedule A1 to the Damages Act 1996, as added by Part 2, section 10 of the Civil Liability Act 2018, further reviews must occur within five years of the previous review’s conclusion; therefore, the next review must start on or before 2 December 2029. For detailed guidance on serious brain injury claims, see Practice Notes: Claims involving serious brain injuries, Valuing serious brain injury claims and Rehabilitation Code 2015. Rehabilitation before liability is resolved For many brain-injured claimants—adults and children alike—the primary objective is to progress from hospital or a residential rehabilitation setting to life within the community. This is linked to a better quality of life: with appropriate support, brain-injured claimants should be enabled to complete as many...
This Practice Note outlines the principal phases of the mediation process, spanning initial meetings with the client and mediator, joint sessions between all participants, opening statements, private caucuses during the day, the potential to reach a settlement at the mediation itself, and matters that may arise once the mediation has concluded. Before the mediation For guidance on practical arrangements—such as securing the venue, setting the timetable and confirming attendees—see Practice Note: Organising a mediation. Pre-mediation meetings—lawyer and client Good practice is to meet the client(s) beforehand—and, where appropriate, for counsel or experts to confer—to agree strategy and define the part each attendee will play at the mediation, while remaining flexible as the process develops. It can be advantageous for the client to assume a leading role and deliver the opening remarks, which may prove more persuasive than lawyer-led presentations and often feel more natural. It is also common for the...
This Practice Note outlines commonly referenced medical tests found in patient medical records for personal injury and clinical negligence cases, including fluid tests, imaging, internal investigations, electrocardiogram ( ECG), electroencephalography ( EEG), biopsy, angiogram and genetic testing. A. Fluid tests Blood tests Full blood count—assesses haemoglobin, white cell and platelet levels. Low haemoglobin may suggest anaemia (potential internal bleeding). High haemoglobin may indicate underlying lung disease. Reduced white cell counts may point to bone marrow issues, cancer or a viral infection. A raised white cell count may imply infection or leukaemia. Low platelet levels may reflect a viral infection or an autoimmune condition. Erythrocyte sedimentation rate ( ESR)—may signify inflammation, such as arthritis, or other diseases, such as Crohn’s Disease. C-reactive protein ( CRP)—produced by the liver; an elevated CRP indicates inflammation. Coagulation test—measures how quickly blood clots; this may...
The Pre- Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims (the EL/ PL protocol) It covers low value personal injury matters in employers’ liability and public liability contexts, applying to claims valued up to £25,000 arising from accidents on or after 31 July 2013. The protocol seeks to speed up decision‑making by setting fixed deadlines for responses and prescribing fixed costs for the parties. Its objective is to avoid the claimant having to issue proceedings and to secure payment of damages within a reasonable period. For guidance on the fixed costs that apply, see Practice Note: Fixed costs in employer liability and public liability claims......
This how-to guide explores how to source an expert witness capable of underpinning the case your client seeks to advance or resist. It also addresses how to gauge, in advance, the likely calibre of that expert in producing a persuasive report and performing under cross-examination about it. Identifying the need for an expert witness In some disputes it will be apparent from the beginning that independent opinion evidence from a specialist with no involvement in the underlying facts is required to establish a claimant’s affirmative case. This is typical where it is alleged the defendant fell short of the expected standard of competence in a defined discipline—construction and medical practice are obvious illustrations. Often an expert will already be retained to help the claimant frame and plead the allegations. In other matters, the necessity for the claimant to instruct an expert may only...
This Practice Note offers guidance on preparing witness statements for use in interim applications. It explains when a witness statement is needed to support an application and the elements such a statement should properly include. It also addresses witness statements resisting an application and witness statements served in reply. Do I need a witness statement in support of this application? Not every application requires a supporting witness statement in practice at all. It is sensible indeed to ask whether it is necessary to produce a witness statement each time you prepare an application. To determine whether one is required, you must understand the function of a witness statement within an application and the situations in which witness statements will genuinely assist an application. What is the purpose of a witness statement in an application? In an interim application, a witness statement supplies clear factual evidence on which the court is...
This Practice Note should be considered alongside: Practice Notes: Expert evidence—general considerations; Applying for permission to adduce expert evidence; Instructing an expert; Instructing an expert under the Guidance for the instruction of experts in civil claims; and Changing an expert witness Checklist—letter of instruction to expert Duty of the solicitor When appointing experts you should take into account: all applicable CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims (‘the Guidance’), which took effect on 1 December 2014, replacing the earlier protocol for instructing experts Practice Direction Pre- Action Conduct and Protocols Practical tip: consider supplying your expert with copies of these materials so they appreciate their obligations; this can be especially significant if they are later cross-examined on their understanding. Under the Guidance, an expert must state in their report that they...
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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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