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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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This Practice Note outlines the statutory basis for the personal injury ( PI) referral fee ban—namely the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012). Not every PI referral is outlawed. The Note is designed to clarify the statutory scheme. It should be read alongside Practice Note: Personal injury referral arrangements— SRA requirements, which completes the regulatory picture. See also Practice Note: Personal injury referrals— SRA examples, flowchart and guidance, which collates SRA illustrations of forbidden and permissible PI referral models. It is indicative only. Statutory regime LASPO 2012 introduced a high-level statutory framework for the PI referral fee prohibition, brought into force in April 2013. Front-line regulators, including the SRA and the Financial Conduct Authority, give effect to that framework. Certain powers are reserved to the Lord Chancellor to make secondary regulations. To whom does LASPO 2012...
PI & Clinical negligence horizon scanner— October 2025 [ Archived] Archived: This Practice Note is archived and is not being maintained. It provides a concise overview of the principal legal developments relevant to personal injury and clinical negligence practitioners as at 1 October 2025. For updates predating this horizon scanner, consult PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments RTA Small Claims Pre- Action Protocol ( PAP) updates—in force 1 October 2025: The Master of the Rolls has approved changes to the Pre- Action Protocol for Personal Injury Claims below the Small Claims Limit arising from road traffic accidents ( RTA Small Claims Protocol), effective from 1 October 2025. The revisions address the handling of non- Protocol vehicle costs ( NVC) within the Official Injury Claim Portal. Previously, both claimants and compensators had to upload NVC forms...
ARCHIVED: This Practice Note has been archived and is not maintained. Introduction It provides an overview of the business considered at the CPR Committee ( CPRC) meeting on 10 May 2019, of interest to general dispute resolution practitioners. The session was held in public before a number of interested members of the public, who had applied to attend and observe the proceedings. The agenda ranged widely, covering the County Court Legal Adviser Pilot— Final Charging Orders CPR PD51T, witness evidence from non- English speakers, the new lacuna sub-committee, online civil money claims, the JUSTICE report ‘ Understanding Courts’, the disclosure pilot scheme under CPR PD 51U, forms in the Business and Property Courts, enforcement, litigants in person, expert evidence on interim applications, public hearings, statements of truth and statements of case, digital case management systems, and general court reform. This Practice Note provides a...
ARCHIVED : A persistent challenge for dispute resolution specialists is staying abreast of developments in case law that influence their practice area, or affect civil litigation procedure more generally. This Practice Note distils the principal appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, selected judgments of the Court of Justice of the European Union ( Court of Justice)) that we have covered, giving users straightforward access to those rulings; see: Key civil litigation appeals in review—2021. You can navigate this material via the table of contents on the left-hand side, or search the tracker using [ CTRL]+[ F]. The Practice Note also highlights a number of forthcoming appeals, where identified, to support horizon scanning. It is not designed to be a comprehensive catalogue of every appeal and/or significant ruling of interest to dispute...
ARCHIVED: This Practice Note has been archived and is not maintained. Court of Appeal—retrospective applications to extend time for the appellant's notice analogous to relief from sanctions applications The Court of Appeal has confirmed that requests made after the deadline to extend time for filing an appellant’s notice are to be treated as akin to applications for relief from sanctions. Consequently, the approach in Mitchell and Denton governs such bids in full. This equivalence follows over twelve years of case law recognising an implied penalty for breaching the timetable in CPR 52.4(2): namely, forfeiture of the opportunity to seek to pursue an appeal. The ruling helpfully assists practitioners by dispelling confusion about the scope and effect of CPR 52.4 and/or CPR 52.6. It also canvasses further specific factors relevant to late notices of appeal and compliance with case management directions, including the clear...
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background reference. Additionally, certain links might not point to the provisions as they stood on the date the guidance in this Practice Note was issued. For more details on earlier and/or later amendments to the CPR, consult: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This Practice Note is for historical purposes only. On 1 April 2013, a fresh regime for the management of litigation costs in England and Wales came into effect. Traditional costs estimates, in their previous guise, were swept away, with formal costs budgets installed in their stead. As a central plank of the Jackson Reforms, the aim was to allow the courts to supervise parties’ expenditure during proceedings, thereby ensuring that spending remained reasonable and proportionate—not only by reference to the value of the dispute, but also so that court time was used proportionately across all court users. Despite the substantial time and effort invested in the Jackson Reforms, it was soon recognised that the exemption rules merited further consideration. A consultation has produced an amendment to the costs budgeting exemption, which is due to take effect on 22 April 2014, together with other...
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: This Practice Note offers a synopsis of the effect of the Jackson reforms across the 12 months to 1 April 2014 and excludes any developments beyond that point in time. A principal aim of the civil litigation costs review (which concluded in the Jackson Reforms of April 2013) was to determine how case management procedures influence costs overall and to assess whether alterations in process and/or procedure might ultimately deliver more proportionate costs......
This Practice Note offers direction on reading and applying the pertinent CPR provisions. The applicable court may impose further requirements, so remain alert to any extra rules—see the section Court specific guidance below for more detail. Depending on the court, those additional provisions may differ. What is a writ of delivery? If a claimant succeeds in a claim for the return of identified goods, the High Court can order the defendant to hand those goods back to the claimant without delay, as directed by the order. Should the defendant not comply within the terms of the order, a writ of delivery enforces that order. This is a High Court-issued document directing High Court Enforcement Officers to secure delivery of the goods by the defendant. A writ of delivery falls within the CPR 83.1(2)(l) definition of a ‘writ of...
This Practice Note sets out guidance on issues-based costs orders, explaining their role and when the court may deem such an order suitable. It also addresses potential pitfalls, instances where the court has considered making such an order against a party who otherwise succeeded overall, and the broad principles guiding the court when imposing an issues-based costs order. Note: before 1 October 2013, the discretion was found in rule 44.3, and earlier authorities cited here refer to that rule. What are issues-based costs orders? An issues-based costs order enables the court to permit or refuse recovery of costs by reference to discrete issues arising within the litigation. The present discretion is contained in CPR 44.2(6)(f), which provides that the paying party must meet the receiving party’s costs incurred in relation to identified issues addressed during the proceedings......
Overview of anaesthesia practice Anaesthesia represents the largest single hospital medical speciality, and the expertise of anaesthetists underpins care in every clinical setting. While perioperative management of surgical patients sits at the heart of the speciality, many anaesthetists practise far more broadly, which may involve: preparing surgical patients before operation resuscitating and stabilising patients in the emergency department labour analgesia and obstetric anaesthesia intensive care medicine transferring acutely unwell or injured patients pre-hospital emergency care pain medicine sedation and anaesthesia for procedures outside theatre, for example interventional radiology and dental surgery In summary, anaesthesia is a multifaceted and demanding discipline. This Practice Note will support you in: determining the appropriate anaesthetic sub-discipline using medical records to pinpoint possible anaesthetic shortcomings examining whether deficiencies occurred in the anaesthetic care evaluating any injuries that may have...
This Practice Note sets out the restriction in Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), and Chapter V of the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), concerning the movement of personal data beyond the UK or the EEA or to international organisations. ‘ Assimilated law’ is the term applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related expressions) as assimilated law signals a shift in its standing and handling under UK law, meaning it is, in general, to be read in line with ordinary domestic rules and principles. From 1 January 2024, REUL is treated as ‘assimilated’ within domestic law because, in broad terms, it is divested of EU-derived...
The Civil Procedure Rules ( CPR) relevant to interim remedies were amended with effect from 6 April 2025. From that date, CPR 25 was replaced in its entirety, and Practice Directions 25A and 25B were revoked. The standard forms in Practice Direction 25A, Annex A and Annex B were also withdrawn on 6 April 2025, namely: draft freezing injunction draft search order draft imaging order Those templates have been superseded, with effect from 6 April 2025, by three model orders: Model Order for a Freezing Injunction Model Order for Proprietary and Freezing Injunctions Model for a Search and Imaging Order PDF versions of these model orders, each offering the option to open and edit the order in Word format, appear under ‘ Related Documents’ for this Practice Note. For further guidance, see Q& A: Where can I find information on the changes to Part 25 coming into force on 6 April 2025? as well...
This Practice Note examines what an interim payment on account of costs is, when the court may make such an order, and the presumption that an order will follow where a detailed assessment is anticipated. It also identifies what might constitute a good reason to displace that presumption when costs are to be assessed in detail. In addition, it reviews the relevant case law and considers the position both where costs budgeting has taken place and where it has not. What is an interim payment on account of costs? When the court orders the losing party to pay costs, the receiving party will not obtain payment until costs are agreed or a detailed assessment has concluded, a process that can take a considerable period. The general principle, stated in Mars UK Ltd v Teknowledge (1999), is that a successful party is entitled to their costs and...
ARCHIVED: This Practice Note relies on provisions that were revoked on 1 April 2013, and is kept solely for historical reference and context purposes. Following the creation of the Supreme Court, the Supreme Court Costs Office has now been renamed the Senior Courts Costs Office. The related guide has not yet been updated and therefore still carries the title Supreme Court Costs Office Guide. When to apply A receiving party may seek an interim costs certificate at any point once a request for detailed assessment has been lodged. The court may issue an interim costs certificate for such sum as it considers appropriate. After the receiving party has submitted a request for a detailed assessment hearing, the court retains power to vary or set aside an interim certificate at any time. When is an interim costs certificate appropriate?......
This Practice Note sets out the principal considerations when assessing if, and to what breadth, costs of interim applications can be recovered. It reviews the range of costs orders that may follow an interim application hearing, and explains the approach where an interim application is settled. It also touches on applications within the fixed costs regime and the consequences of non-payment of interim costs orders. Right to costs recovery following an interim application Even a successful party has no automatic entitlement to the costs of issuing or opposing an interim application. Recovery depends entirely on the court’s discretion. Where the court chooses to award costs, the order must expressly provide for them. In the absence of any costs provision, the order is treated as making no award to either side, notwithstanding that one (or more) party may have succeeded on the...
This Practice Note sets out guidance on recovering interest on judgment debts. For details on interest at the point of issue: a claim—see Practice Note: Claiming interest a foreign currency claim—see Practice Note: Foreign currency claims—interest on damages claims and judgment debts When and at what rate do judgment debts attract interest? By virtue of section 17 of the Judgments Act 1838 ( JA 1838) and the Judgment Debts ( Rate of Interest) Order 1993, SI 1993/564, judgment sums accrue simple interest at 8% per annum until paid, unless court rules provide otherwise. This rate has applied since 1 April 1993. The court has no power to alter the statutory rate under JA 1838 ( School Facility Management v Governing Body of Christ the King College (applying Rocco Giuseppe v Tradax Export and Chubb v Dean) and Schlumberger Holdings v...
This Practice Note examines matters concerning interest in the context of foreign currency claims. It addresses seeking interest on claims stated in a foreign currency, issues where the substantive law is a foreign law, and interest on judgment debts expressed in a foreign currency. For guidance on foreign currency claims, see Practice Note: Foreign currency claims. For guidance on foreign currency aspects of costs orders and interest on costs, see Practice Note: Cross-border disputes—costs considerations. For general guidance on: interest, see Practice Notes: Claiming interest and Claiming interest—compound interest judgment debt, see Practice Note: Interest on judgment debts Pleading interest Where a claim is advanced in a foreign currency, interest can be sought by reference to the applicable foreign rate. For the court to apply that foreign rate, it must: be pleaded in the particulars of claim (see Practice Note: Claiming...
This Practice Note considers the impact of Part 1 of the Automated and Electric Vehicles Act 2018 ( AEVA 2018), and the recommendations made in the Law Commissions’ Automated Vehicles: joint report, on the UK’s motor insurance framework, looking at: The current structure of motor insurance How AEVA 2018 and the Law Commissions’ joint report evolved Which categories of automation fall within AEVA 2018 Duties of the relevant legal stakeholders The present approach to primary and secondary liability under AEVA 2018 The extent of liability envisaged by AEVA 2018 Applicable limitation periods Retention and disclosure of data Continuing reform This Practice Note excludes AEVA 2018, Pt 2, which deals with provisions for charging electric vehicles. For an overview of key milestones and details on the evolution of the autonomous vehicles regime, see Practice Note: UK...
Introduction to the Insurance Act 2015 The Insurance Act 2015 ( IA 2015) was granted Royal Assent on 12 February 2015 and, save for Part 6, commenced on 12 August 2016. It marks the most far-reaching overhaul of the statutory framework of English insurance contract law since the Marine Insurance Act 1906 ( MIA 1906). This Practice Note examines the principal provisions of IA 2015 and the ways in which they reform the law. It also reviews reforms introduced by the Enterprise Act 2016 ( EA 2016), with relevant sections taking effect in May 2017. This Practice Note addresses IA 2015 provisions relating to: the duty of fair presentation remedies for a breach of that duty warranties and other terms fraudulent claims amendments to the Third Parties ( Rights Against Insurers) Act 2010 ( TP( RAI) A 2010) ...
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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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