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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 addresses the defences that may arise in response to a claim for injuries caused by an animal. It considers accidents attributable to the claimant, voluntary acceptance of risk, trespass and contributory negligence. The Animals Act 1971 is referred to in this Practice Note as AA 1971. Accident caused by claimant A defendant may avoid liability for injury arising from an animal if they can demonstrate, under AA 1971, s 5(1), that the claimant’s injury was wholly their own fault. Examples might include the following: riding so close to another horse in a show ring that it kicks out (see Jones v Baldwin (2010) Cardiff County Court (not reported by Lexis Nexis®)) grabbing and restraining a dog so it feels threatened and bites (see Preskey v Sutcliffe (2013) Leeds County Court (not reported by Lexis...
This Practice Note outlines how the ‘good arguable case’ threshold has developed as the gateway for the courts of England and Wales to assume jurisdiction over a claim. In the authorities, the standard has been variously described as: ‘good arguable case’ ‘the better argument’ ‘the much the better argument’ Courts have also applied glosses, provided explanations, and proposed reformulations of the original test. The evidential approach has been unsettled, with references to the need for material that is: ‘reliable’ ‘clear and precise’ ‘plausible’ ‘sufficient’ of ‘real substance’ For guidance on the requirement and how to satisfy it, see Practice Note: Cross-border service—‘good arguable case’ requirement. Origins of the ‘good arguable case’ requirement The leading modern authority on the meaning of ‘a good arguable case’ is the House of Lords decision in Vitkovice Horni a Hutni Tezirstvo v Korner (1951), which was...
This Practice Note sets out practical guidance on issuing and serving applications. It explains the appropriate forum for an application, the documents to lodge, how to submit the application, and payment of the relevant court fee. It also identifies who must effect service, what must be served, the timing for service, and the permitted methods. Further, it assists with interpreting and applying the pertinent CPR provisions. Depending on the court handling your case, you may need to observe additional requirements—see the section Court specific guidance below. Alternative provisions apply if your case proceeds within a County Court online claims pilot—see: Starting and managing online claims—overview. In which court should I file my application? Once you have concluded that an application is appropriate (see Practice Note: Pre-application considerations), the next step is deciding the correct court in which to make it. This choice matters...
ARCHIVED: This Practice Note is archived, not maintained, and supplied for background reference only. In addition, some links may no longer direct you to the provisions as at the date this guidance was published. For information on earlier and/or subsequent CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Responses to the questions were given by: Lord Justice Briggs— The Deputy Head of Civil Justice Mr Justice Birss— Senior Court Judge Master Roberts— Senior Court Master Mr Edward Pepperall— Barrister at St Phillips Chambers who chaired the sub-committee on the Part 36 reforms Kate Wellington— Solicitor who is chairing the sub-committee on the Debt pre-action protocol Pre-action procedure for applying for interim payments Question Answer Interim payments are needed to deal with matters including, inter alia, rehabilitation; although the Rehabilitation Code sets out a process and encourages...
ARCHIVED: This Practice Note has been archived, is no longer updated, and is provided solely for reference purposes. Additionally, certain links might not take you to the provisions as they stood when the guidance in this Note was issued......
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background reference. In addition, certain links may not take you to the provisions as they stood on the date the guidance in this Practice Note was issued. For details about earlier and/or later changes to the CPR, consult: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note includes agenda and minutes of the CPR Committee ( CPRC) meeting on 6 October 2017 and supporting documents......
ARCHIVED: this Practice Note has been archived, is not updated, and is provided solely for background reference. In addition, certain links might not take you to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This archived Practice Note is not being updated and is supplied solely for background reference. Additionally, some links may no longer lead to the provisions as they stood on the date this Practice Note’s guidance was published. For information on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note provides the agenda and minutes of the CPR Committee ( CPRC) meeting of 2 February 2018, together with accompanying documentation. At that meeting, the committee considered: Proposed changes to CPR Parts 45 and 36— Gastric Illness claims ( GI claims) linked to package travel claims A consultation exercise on open justice Extending the Pre- Action Protocol for Professional Negligence to include an adjudication pilot scheme Possible amendments to either CPR 40 or the County Court ( Interest on Judgment Debt) Order 1991 ...
ARCHIVED: this Practice Note is no longer updated and is supplied for background only and should be treated. In addition, some links may not lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. In force on 17 June 2016— Part 8 claims and evidence These revisions were announced by the Ministry of Justice only on 12 July 2016, yet they apply retrospectively with effect back to the relevant date. CPR PD 8A— Alternative Procedure for Claims CPR PD 8A, paras 17.1 and 17A.1 are to be revised to reflect applications by the Electoral Commission under para 17 of Schedule 3 to the European Union Referendum Act 2015 and the European Union Referendum ( Conduct) Regulations 2016, together with related...
ARCHIVED: This archived Practice Note is not kept up to date and is supplied for background reference only. In addition, some links may not lead to the provisions as they stood on the date this guidance was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The amendments listed below will be made to the CPR on the dates indicated. They are set out in the Civil Procedure ( Amendment) Rules 2017, SI 2017/95, and in the Making Document for the 88th Update Practice Direction amendments. In force on 28 February 2017—costs in Aarhus Convention claims, judicial review and Admiralty claims Changes to CPR 45 and CPR PD 45—costs in relation to Aarhus Convention claims Section VII of CPR 45 is replaced by a new section to give effect to the Convention on Access to...
Note: with effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) were renamed the Civil National Business Centre ( CNBC). What is a warrant of control? A warrant of control is a County Court document that instructs a certified enforcement agent ( EA) to use the taking control of goods ( TCG) procedure. It authorises the EA to take control of goods owned by a judgment debtor, sell those items, and apply the sale proceeds to any unpaid balance under a money judgment. The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) is the primary statute introducing the TCG regime—see Practice Note: Finding your way through the Taking Control of Goods legislation. Warrants of control are the modern counterpart to the former warrants of execution—see TCEA 2007, s...
This Practice Note This Practice Note offers guidance on construing and applying the relevant CPR provisions in practice. According to the court where your case is progressing, you may need to account for further requirements that may apply—for more detail, see: Court specific guidance. CPR 20 and CPR PD 20 prescribe the mechanism by which a party may pursue an ‘additional claim’, which encompasses a counterclaim ( CPR 20.2). The Note examines the circumstances in which a defendant may advance a counterclaim against the claimant or introduce one against a new party, and the available routes for doing so. It also addresses how to meet a counterclaim (including the defence to counterclaim and any reply to a defence to counterclaim) together with the effect a counterclaim has on case management. This Note should be read alongside Practice Note:...
ARCHIVED: This archived Practice Note is no longer updated and provided solely for background information...
ARCHIVED This archived Practice Note is not maintained and is provided for background information purposes only. Furthermore, some links may no longer direct you to the provisions as they stood at the time this Practice Note’s guidance was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Save where expressly indicated otherwise, the new CPR provisions come into force on Tuesday 1 October. To address these updates, we have already issued a summary of the changes to occur. See News Analyses: New CPR provisions for October 2013 and September and October 2013 CPR Practice Direction amendments. Costs—including revised Precedent H, fixed costs and provisional assessment of costs Revised Precedent H These reforms introduce a revised Precedent H ( CPR PD 3E). Note: this amendment came into force on 1 September 2013......
ARCHIVED: This archived Practice Note is no longer updated and is provided solely for background information. Certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued......
Note: from 1 January 2026, the Financial List within the Chancery Division is running a pilot under CPR PD 51ZH, under which specified materials used at public hearings (such as witness statements and skeleton arguments) will, by default, be accessible to the public. Practitioners issuing applications in this list ought to acquaint themselves with the pilot and ensure that suitable measures are adopted to safeguard their clients when drafting any documents caught by it. For further direction, consult Practice Note: Non-party access to court documents and information in civil proceedings. Applications in the Chancery Division If your case proceeds in the Chancery Division, the provisions of the Chancery Guide will govern any application you pursue. This Practice Note supplies guidance on applications in the Chancery Division, with reference to the relevant provisions of the Chancery Guide and the related regional guidance covering practice in the...
This Practice Note offers direction on how to interpret and apply the pertinent provisions of the CPR. The requirements can vary by the court hearing your case, so you should also consider any extra provisions—see further Court specific guidance below. What is the difference between an on notice and a without notice application? An application is ‘on notice’ where a copy of the application notice is served on the respondent in advance, that is, before the court determines the application. A ‘without notice’ application is made without serving a copy of the application notice on the respondent at all at that point. Such applications are sometimes called ‘ex parte’ applications. For assistance on serving applications, see Practice Note: Filing and serving applications......
Practice Note This Practice Note explains which documents must accompany the claim form on service upon the defendant. What needs to be included varies with the claim route ( Part 7, Part 8 or Part 20) and whether service is within England and Wales or in another jurisdiction. Documents addressed include: the particulars of claim; the response pack ( Form N9), containing admission forms ( Forms N9A and N9C) and defence and counterclaim forms ( Forms N9B and N9D); the acknowledgment of service (various); notes for the defendant responding to the claim form (various); and the notice for service out of the jurisdiction where the court’s permission is not required ( Form N510). The Practice Note also covers providing an initial disclosure list of documents. It is essential to make sure the defendant receives every required document, as any failure to serve the...
This Practice Note sets out guidance on what amounts to a consent order or a judgment, when court approval is needed to enter into a consent order, the required form of a consent order, and the circumstances in which parties can seek to vary or set one aside. It also addresses the court’s discretion to extend time for complying with consent orders. The Practice Note explains how the relevant provisions of the CPR should be interpreted and applied. You should also consider whether any additional court-specific requirements are engaged—see the main section: Court specific guidance below... What are consent orders and judgments? A consent order is a court judgment or order reflecting terms agreed between the parties. Depending on the breadth of the consent order or judgment, and whether any party appears as a litigant in person, the court may enter and seal it. In other...
Note that, on 6 April 2025, amendments to CPR 25 took effect, re-numbering the former provisions and revising some of the wording relating to security for costs. The previous version of rule 25 can be accessed here: This Practice Note examines the Crabtree principle and its application. It also gives examples of counterclaim cases where the Crabtree principle may not apply. What is the Crabtree principle? When an order for security for costs is made, failure to comply with that order will result in the claim being struck out. This can produce an unjust outcome where there is a counterclaim with its own independent vitality, as the parties’ issues would still be fought out on the counterclaim, creating one-sided litigation. In such circumstances, the courts will seek to ensure fairness between the parties by applying what is known as the ‘ Crabtree...
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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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