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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
This Practice Note considers completing the acknowledgment of service form It explains which version of the form should be used (there are multiple) and offers practical pointers on completing it, including the rules that govern how it must be signed. It also outlines the position where a defendant wishes both to defend the claim and to contest the court’s jurisdiction. For an overview of the principles underpinning the acknowledgment of service, see Practice Note: Acknowledgment of service-principles... Depending on the court where the case is being heard, the relevant court guide may prescribe particular requirements that must be met. For guidance, see: - Court specific guidance below... The rules on acknowledgment of service are contained in Part 10 for Part 7 claims and in Part 8 for Part 8 claims. Part 10 was entirely replaced on 6 April 2022 and Practice Direction 10 was deleted in full,...
PI & Clinical Negligence horizon scanner- July 2022 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. It provides a concise overview of the principal legal developments relevant to personal injury and clinical negligence practitioners as at 1 July 2022. For the most up-to-date horizon scanner, see PI and Clinical Negligence horizon scanning-overview. Key PI & Clinical Negligence developments Sixteenth edition of the Judicial College Guidelines is published The 16th edition of the Judicial College Guidelines ( JCG) has been released more than two years after the 15th edition. The JCG is typically the first reference point for practitioners and the courts when valuing general damages in personal injury and clinical negligence claims. The sums in this edition reflect the broad inflationary increase since the last version. See: LNB News 11/04/2022 Mo J reports approved amendments to Low Value Personal Injury...
This Practice Note explores the deployment of online dispute resolution ( ODR) in civil proceedings across England and Wales, alongside the build-out of the digital justice system ( DJS) within HM Courts and Tribunals Service’s ( HMCTS) reform programme. It reviews current pilots in operation, notably the Online Civil Money Claims ( OCMC) pilot under CPR PD 51R and the Damages Claims pilot under CPR PD 51ZB. It also addresses the Judicial Review and Courts Act 2022 ( JRCA 2022), the creation of Online Procedure Rules ( OPR) and the role of the Online Procedure Rule Committee ( OPRC). Further online dispute resolution initiatives are considered, including those advanced by Lawtech UK. Background to the development of online dispute resolution In his Final Report on the Civil Courts Structure Review, published on 27 July 2016, Lord Justice Briggs recommended establishing an online court to handle...
PI & Clinical Negligence resources in Lexis+ UK Legal Research Key PI and Clinical Negligence materials sit within Lexis+ UK Legal Research and are cross‑referenced throughout the PI & Clinical Negligence content in Lexis+ UK Practical Guidance, delivering useful, practical commentary, legislation, rules, guidance and direction for personal injury and clinical negligence lawyers in private practice or working in-house. Please note that the listed titles are only accessible with the appropriate Lexis+ UK Legal Research subscription(s). Liability, title, summary, and who should use this resource? Atkin’s Court Forms relevant for PI & Clinical Negligence lawyers Animals, Volume 4(1) Health and Safety at Work, Volume 21(2) Highways, Volume 21(2) Professional Clinical and Negligence, Volume 32(2) Sports Law, Volume 36(2) Torts, Volume 38(1) The UK’s sole encyclopaedia of Civil Litigation Forms, Precedents of Pleadings and Procedure. With over 130 titles, it...
The tables below set out instances where courts have considered requests to adjourn interim hearings. For convenience, they are grouped into applications that succeeded and those that did not. For guidance on the overarching principles applied when an interim hearing adjournment is sought, see Practice Note: Adjourning interim hearings. For advice on applications to adjourn a trial, see Practice Note: Adjourning trial... Examples of successful adjournment applications EB Pension Fund v Froggatt [2024] EWHC 2721 ( Ch) Judgment date: 27 June 2024 Grounds: The court did not process a notice of change removing solicitors from the record, leaving the claimant without representation. The initial adjournment bid was refused without reasons and the order gave no indication an adjournment had been sought. The claimant...
Applications in the King’s Bench Division If your case is proceeding in the King’s Bench Division ( KBD), the King’s Bench Guide will govern any application you lodge. This Practice Note sets out practical guidance on applications in the KBD with citations to the pertinent parts of the King’s Bench Guide. Its focus is the step-by-step pathway for making an application in the KBD, beginning with pre-application considerations and continuing through to the point of serving the issued application. For guidance on other aspects of the applications procedure in the KBD, see the following Practice Notes: Preparing for an application hearing in the King’s Bench Division ( KBD) Determination of applications in the King’s Bench Division ( KBD) The following general point should be noted: The King’s Bench Guide provides practical information about proceedings in the KBD, but it is not a...
PI & Clinical Negligence Horizon Scanner- October 2021 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. It offers a concise outline of the principal legal developments affecting personal injury and clinical negligence practitioners as at 20 October 2021. For the most up-to-date horizon scanner, see PI and Clinical Negligence horizon scanning-overview. Costs Qualified one-way costs shifting ( QOCS) The Supreme Court in Ho v Adelekun addressed whether, in claims governed by QOCS, a defendant’s costs can be set off against a claimant’s costs. The court unanimously concluded that, on proper construction, such set off constitutes a form of enforcement, and is therefore prohibited where it would surpass the cap equal to the aggregate of any orders for damages and interest in the claimant’s favour. Accordingly, where no such order exists-for instance, because the matter ends in settlement rather than an order, or is...
See also Practice Note: Loss of congenial employment Boyd v Hughes [2025] EWHC 435 ( KB) - Horse rider and stable hand. The claimant, employed by the defendant in roles as rider and stable hand, suffered a serious right arm injury after coming off a cantering horse. In setting the level of the award, the court took into account two matters: first, it was unlikely she would have continued professional riding beyond 50, meaning the accident deprived her of about a further ten years; second, her subsequent occupation working with dogs and being outdoors retained some congenial aspects. This was her passion from age 18 and, unlike many jobs, it was a vocation. Although her career ended early, the curtailment was confined to a relatively short period given her age. Because there was an overlap with loss of...
When applications can be determined without a hearing This Practice Note sets out when a court may decide applications without an oral hearing-often called paper applications or an application on the papers. It outlines which kinds of applications are apt for disposal without a hearing and describes the process for asking for a paper determination. It also gives guidance on reading and applying the relevant CPR provisions. Depending on the court where your case is progressing, you may need to consider extra requirements-see the section Court specific guidance below. The default position is that matters are heard orally in public ( CPR 39.2(1)). Even so, certain applications can be resolved entirely on the documents with no hearing at all. This is variously described as: determining an application on the papers application on the papers applications on documents orders without...
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. The court handling your case may require attention to further provisions-see the section Court specific guidance below for more detail. Form N244 asks you to specify the judicial level required for your application. Accordingly, practitioners must recognise which calibre of judge ought to determine various applications. For help completing form N244, see Practice Note: The application notice-form N244. In choosing the proper judicial level, consider two connected factors: jurisdiction-the authority of that judge to make the order at all; and allocation-the way courts assign cases among judges who have jurisdiction Address jurisdiction first to ensure the application can properly be entertained. Only then consider allocation, so that the judge you propose aligns with the court's normal listing arrangements and established practices. This is expected and...
PI & Clinical Negligence horizon scanner- May 2021 [ Archived] ARCHIVED: This Practice Note has been archived and is no longer updated. It summarises the key legal developments relevant to personal injury and clinical negligence practitioners as at 11 May 2021. For the latest horizon scanner, please refer to PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep abreast of rapid alterations to court processes and procedures prompted by the pandemic, and for industry guidance on running cases during this period-including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For information on recent developments affecting PI and clinical negligence claims, see: Coronavirus ( COVID-19)- ABI further extends Statement of Intent to June 2021- LNB News 27/04/2021 51 Coronavirus ( COVID-19)- HMCTS issues updated guidance for those accessing RCJ- LNB News...
This Practice Note outlines the principal provisions on alternative dispute resolution ( ADR) and negotiated dispute resolution ( NDR) set out in the various court guides for the different divisions of the High Court, including direction on early neutral evaluation ( ENE). Court guides Every division of the High Court publishes its own court guide, offering a general account of that court’s work and practice, along with practical material to be read with the Civil Procedure Rules ( CPR) to support effective management of proceedings in that court. These guides are not a replacement for the CPR; rather, they explain how the rules and practice directions are applied in those courts. Although they do not have the status of a Practice Direction and do not possess the force of law, parties are expected to adhere to them; failure to do so may influence how the court...
PI & Clinical Negligence horizon scanner- February 2021 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This note summarises the key legal developments of relevance to personal injury and clinical negligence practitioners as at 9 February 2021. For the most recent horizon scanner, see PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To stay ahead of the swiftly changing court processes and procedures brought about by the pandemic-and for industry guidance on running cases during this period, including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For updates on recent developments in PI and clinical negligence claims, see: Elizabeth Boulden and Cressida Mawdesley- Thomas, barristers at 12 KBW, consider the Vaccine Damages Payments Act 1979, its impact on the coronavirus ( COVID-19) vaccine, and whether it is fit for purpose. See News...
PI & Clinical Negligence horizon scanner- December 2020 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at 16 December 2020. For the latest horizon scanner, please consult PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep abreast of the swift changes to court processes and procedures prompted by the pandemic, and for sector guidance on managing cases during this period-including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For information on recent developments for PI and clinical negligence claims, see: Association of British Insurers and Association of Consumer Support Organisations agree a further extension of the Statement of Intent to 15 January 2021-see: LNB News 02/12/2020 24 Coronavirus (...
ARCHIVED: this Practice Note is for historical reference This note outlines the background and progression of electronic working in the courts, and summarises electronic working schemes that have concluded. For details on current electronic working arrangements, see: Electronic working pilot scheme under CPR PD 51O- Practice Notes: Electronic working and CE- File-when and where is CE- File applicable? and Electronic working and CE- File-how to use CE- File Electronic filing under CPR PD 5B- Practice Note: Electronic communication and filing of documents by email- CPR PD 5B County Court-certain County Court claims and applications can be issued and filed electronically-see Practice Notes: County Court money claims-how and where to issue and Where to issue County Court claims and Starting civil claims in the County Court Supreme Court- Practice Note: Supreme Court-general provisions and...
This Practice Note outlines the obligations for serving an order, adhering to an order and understanding the meaning of court orders. It also addresses when a judgment or order becomes operative. Depending on the court dealing with your case, extra provisions may apply—see further below. This Practice Note should be read alongside Practice Note: Relief from sanctions—the courts’ approach. For guidance on changing, correcting or setting aside judgments and orders, refer to the following Practice Notes: Varying or revoking orders—court's general power under CPR 3.1(7) Judgments and orders—correcting accidental errors under the slip rule ( CPR 40.12) Judgments and orders—setting aside Amending judgments For assistance with preparing orders, see Practice Note: Judgments and orders—drafting and formalities— Drawing up orders. Serving court orders If a party drafts an order for filing by the court, they must provide sufficient copies for service on all...
CPR PD 51ZB This Practice Note reviews CPR PD 51ZB, covering a pilot designed to trial an online route for County Court damages actions in cases where each side is represented by a registered legal representative. Cases are administered through the Damages Claims Portal ( DCP), an online platform. The pilot operates from 28 May 2021 to 1 October 2026 ( CPR PD 51ZB, para 1.3). It forms part of the broader HM Courts and Tribunals Service ( HMCTS) reform programme; further details appear on GOV. UK— Modernising courts and tribunals: benefits of digital services. The DCP offers a complete, end‑to‑end digital pathway for handling eligible County Court damages claims. Also see the following Practice Notes: Online Civil Money Claims pilot scheme— CPR PD 51R—background on the Online Civil Money Claims ( OCMC) pilot, delivering an online route for County Court...
Types of coroner Coroners are independent judicial office-holders. They must be qualified lawyers, although in the past some were medical doctors and a few still hold office. The categories of coroner are: the Chief Coroner senior coroners area coroners assistant coroners The Coroners and Justice Act 2009 ( CJA 2009) created the role of Chief Coroner. Their responsibilities include: directing that investigations be undertaken overseeing the transfer of cases between coroners keeping a register of investigations exceeding one year monitoring and arranging training for investigations into deaths of service personnel reporting to the Lord Chancellor regulating training personally conducting an investigation providing guidance to coroners The Chief Coroner’s guidance notes and law sheets are publicly available, and practitioners should keep up to date with the guidance. Every area has a senior coroner; an area is the district of a local authority, or the combined districts of two or more local authorities. When the senior coroner is absent or...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note offers a digest of key legal shifts pertinent to personal injury and clinical negligence practitioners as at 19 September 2024. For matters arising before this horizon scanner, consult PI and Clinical Negligence horizon scanning—overview. Key PI and clinical negligence developments Mo J updates payment of court fees for whiplash guidance The Ministry of Justice ( Mo J) has revised the Whiplash Reform Programme guidance to reflect a change to payment of court fees in road traffic accident-related personal injury claims falling within the new small claims track limit. The Mo J records an increase in fees from £275 to £303. See: LNB News 01/05/2024 60. Automated Vehicles Bill returns to House of Lords UK Parliament has reported that the Automated Vehicles Bill has gone back to the House of Lords for...
ARCHIVED: This Practice Note is archived and no longer maintained; it is not being updated or revised. It distils the legal developments relevant to personal injury and clinical negligence practitioners as at 23 March 2022. For the latest horizon scanner, consult PI and Clinical Negligence horizon scanning-overview for the latest overview. CPR updates Small claims limit for non-road traffic accident personal injury claims rising from £1,000 to £1,500 The Civil Procedure ( Amendment) Rules 2022 increases the small claims threshold for non-road traffic accident personal injury matters from £1,000 to £1,500. The change takes effect on 6 April 2022 and takes effect from that date. See: LNB News 04/02/2022 42. CPR changes and 140th practice direction update Forthcoming Civil Procedure Rules ( CPR) revisions, made by the Civil Procedure ( Amendment) Rules 2022, SI 2022/101, commence on 6 April 2022. These amendments affect CPR 2...
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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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