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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
Rationale for enforcing an interim costs order It is vital that the courts have practical means to secure compliance with interim costs orders; without such tools the sting of the sanction is blunted. The Court of Appeal in Crystal Decisions v Vedatech Corporation (2008) made the position plain: the court signals what it views as an irresponsible application by directing immediate payment of costs. That measure is designed to impress upon any party, when contemplating an application, that failure may carry an immediate price. If the court cannot enforce the immediate interlocutory costs orders it has properly made, the clout of that sanction is gravely reduced. In cases of this kind, the only sanction that truly works is to insist on payment of interlocutory costs as the price of being permitted to carry on contesting the proceedings. Unless the party against whom a costs order is made is...
This Practice Note outlines the core position that, consistent with the fundamental principle of open justice, hearings should ordinarily be held in public under CPR 39.2. It also explains the circumstances in which a court may order that a matter be determined in private (frequently described as ‘in chambers’ or ‘in camera’) pursuant to CPR 39.2. Guidance is provided on making an application for a private hearing and on the court’s discretion to sit in private, including where civil and criminal proceedings are underway at the same time. The Note additionally discusses closed hearings, reporting restriction orders, and the media’s access to the courts. It should be read alongside Practice Note: —illustrative decisions. Note, too, that CPR 39.2 was substantially amended with effect from 6 April 2019—see News Analysis: CPR changes—6 April 2019. Some of the authorities mentioned in this Practice Note were...
This Practice Note seeks to summarise the leading case law and shared principles that arise in fitness to practise ( Ft P) proceedings before most healthcare regulators’ Ft P panels. It sets out the common procedural phases, including investigation and the admissibility of evidence, the scope of case examiners’ powers, interim orders, and recurring themes such as dishonesty and racist language. The term ‘registrant’ refers to the regulated professional who is the subject of Ft P proceedings. It should be read alongside Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the separate Practice Note for each regulator listed below: General Dental Council—fitness to practise proceedings General Medical Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions...
Guideline Hourly Rates ( GHR) for civil and commercial matters This Practice Note reviews the Guideline Hourly Rates ( GHR) applicable to civil and commercial work. On a summary assessment, the court judges what costs a party may recover by weighing solicitors' charge-out rates alongside the GHR. The GHR were increased for inflation with effect from 1 January 2026 in line with the Services Producer Price Index ( SPPI), and will thereafter be adjusted each year in accordance with SPPI. In routine practice, the courts also turn to the GHR when deciding whether costs are reasonable on a detailed assessment. This Practice Note explains how to interpret the bands A- D, which are determined by the lawyer’s location, qualifications and experience, and it offers guidance to aid understanding of the rates. Authorities demonstrate the extent to which the courts exercise a measure of...
More than one claimant can feature in a civil action, for instance where a defendant’s supposed misconduct has caused loss to several claimants in the same or a comparable manner. At times, the damage experienced by a single claimant is too limited to make the case economically worthwhile. Yet, when pursued by a cohort of claimants, it may become feasible because of the efficiencies that approach delivers. Where claims stem from the same or similar facts, or have produced the same or similar loss for multiple parties, it may likewise be prudent for the court to manage them collectively. Group claims (sometimes called class actions or multi-party claims) can be brought before the English courts using a number of procedural mechanisms. This Practice Note briefly sets out the criteria for each mechanism, and the guidance on suitability found in case law. It also weighs the...
ARCHIVED : This Practice Note has been archived and is not maintained. This archived Practice Note is no longer updated. It examines the roll-out of the fixed recoverable costs ( FRC) regime, with particular attention to costs in matters placed on the fast track ( FT) and the new intermediate track ( IT). It explains the four complexity bands used in each track, and addresses how fixed costs apply to purely monetary claims and to mixed claims seeking both monetary and non‑monetary remedies. It also outlines the revision to Part 36, under which a claimant may recover an extra 35% on their FRC where they secure a judgment at least as advantageous as their own Part 36 proposal. The Note chiefly highlights the new Section I of CPR 45 (general provisions), the new Section VI of CPR 45 (fixed costs in the FT), the new...
Help with court fees This Practice Note outlines the ‘ Help with court fees’ scheme (also called fee remission) for court fees due in civil proceedings. Details on court fees and remission in civil cases appear in the Civil Proceedings Fees Order 2008, SI 2008/1053 (as amended). For guidance on the fees for issuing and advancing civil claims, and the sanctions for non-payment, see Practice Note: Court fees in civil proceedings. Court and tribunal charges are, for many, prohibitively expensive. Those in the most straitened circumstances may qualify for assistance. Eligibility depends on meeting strict financial tests for both savings and income. Depending on the criteria, help may cover the entire fee or only part of it. HM Courts and Tribunals Service ( HMCTS) has produced a privacy notice setting out the standards to expect from the Ministry of Justice ( Mo J) and HMCTS when...
This Practice Note explores an employer’s vicarious responsibility for deliberate or criminal wrongdoing by an employee. It reviews commonly encountered scenarios involving sexual abuse, physical attacks, incidents arising from workplace tensions, and high jinks or pranks that misfire, as well as incidents that stem from interpersonal friction at work and conflict. Following the House of Lords’ ruling in Lister v Hesley Hall in 2001, it is established that, provided the relevant test is satisfied, an employer can be vicariously answerable for intentional harm committed by an employee (or, in some circumstances, by others occupying a similar or analogous position). See also Practice Notes: Nature and operation of vicarious liability Scope and impact of vicarious liability Vicarious liability in the course of employment—the close connection test The aim of this Practice Note is to provide a summary of the position in...
This Practice Note examines when a court will find an employer vicariously liable for a tort committed by an employee. The courts’ treatment of the ‘close connection’ test has shifted over time, and this Practice Note offers practitioners clarity on how the doctrine has progressed. To determine the situations in which a court may hold an employer responsible for an employee’s tort, it is helpful to trace the doctrine’s evolution... Salmond test Historically, the governing test was set out by Salmond in his 1907 work, Law of Torts. The central proposition was that a master would not be liable for a servant’s wrongful act unless it was carried out in the course of employment. Salmond added that an act would be treated as within the course of employment if it was either: a wrongful act that the master had authorised, or a wrongful and...
ARCHIVED: This Practice Note relies on provisions repealed on 1 April 2013 and is retained for historical reference only. When to apply for a certificate A default costs certificate records an order to pay costs. It may be sought once the deadline for serving points of dispute has passed and the receiving party has not been served with any points of dispute. Procedure to obtain a certificate The process for securing a default costs certificate is set out in the Costs Practice Direction. The receiving party obtains the certificate by lodging a request using the correct practice form. Complete Form N254 and file it at the appropriate office. Include a copy of the document conferring the right to detailed assessment (as identified in the Costs Practice Direction, section 40.4). Pay the applicable court fee. For details on fees, see Practice Note: Court fees in civil...
This Practice Note sets out the deadline/time limit for filing and serving statements of case in cross-border Part 7 claims This Practice Note explains the deadlines for serving and filing statements of case in cross-border Part 7 matters. It sets out the time limits for these court documents: the claim form, particulars of claim, acknowledgement of service, defence, a counterclaim, a defence to a counterclaim, a reply, and other statements of case. It also gives guidance on varying the service timetable and when a claim will be stayed. For CPR 8 claims, see Practice Note: CPR Part 8 claims (alternative procedure for claims). This guidance is based on how the relevant CPR provisions are interpreted and applied, and the rules address service within or outside the jurisdiction Note: ‘ Jurisdiction’ in CPR 2.3 means England and Wales; it is not the...
ARCHIVED: This Practice Note is archived, no longer updated, and provided solely for background information. In addition, certain links might not lead you to the provisions as they stood on the date this Practice Note’s guidance was originally issued......
Tracker—ended pilot schemes in the civil courts This Tracker outlines pilot schemes in the civil courts that have concluded. For details of pilot schemes currently in operation, see Practice Note: Tracker—pilot schemes— Dispute Resolution... Starting a claim Pilot scheme: County Court Online Pilot ( CPR PD 51S) Details: Set out in CPR PD 51S and introduced by the 91st update to the Civil Procedure Rules ( CPR), this pilot trialled a process enabling legal representatives to submit claims online at the County Court Money Claims Centre ( CCMCC) (now the Civil National Business Centre). For more information, see Practice Note: County Court Online pilot scheme— CPR PD 51S [ Archived]... Court fees Pilot scheme: Payment by account service pilot scheme Details: Brought in to let regular business users pay civil...
NOTE : An updated edition of the Chancery Guide was issued on 5 September 2025. For details, see LNB News 05/09/2025 57— September 2025 update to Chancery Guide and the related Practice Note. ARCHIVED : This archived Practice Note sets out guidance on witness statements and factual evidence for use at trial in the Chancery Division, in line with Chapter 8 of the Chancery Guide. It specifically covers drafting witness statements for Chancery Division trials, what to do where a witness is not fluent in English, how to identify and cross‑reference documents within a witness statement, and the use of supplemental witness statements. It also considers preparation for, and giving, evidence at a Chancery trial, along with the potential consequences of non‑compliance with the relevant provisions. Finally, it gives guidance on witness evidence for trials in the Chancery Division. This note is not...
This Practice Note explores how to apply to set aside an order granting permission to serve the claim form beyond England and Wales. Such an application must proceed as a jurisdictional challenge under CPR 11. The reasoning behind that requirement is outlined, together with practical guidance on issuing the application. It addresses the differing factors from the viewpoints of the defendant, who applies, and the claimant, who resists the application. It also considers whether the claimant may invoke alternative or additional gateways to those first relied upon. This Practice Note does not cover circumstances where the claimant may serve the claim form outside England and Wales without seeking the court’s permission. In that scenario, the defendant will know permission was unnecessary because the claimant must serve a completed Form N510, setting out the basis on which the courts of England and Wales are said to have...
This Practice Note explores the key legal and practical issues and considerations involved in invoking legal professional privilege during a disclosure exercise, and sets out guidance on how to decide whether a document is exempt from production and how to safeguard that position. The purpose of legal professional privilege This guidance concerns classifying and protecting documents and information under the laws of England and Wales governing legal professional privilege. Comparable rules in other countries may differ markedly. Local advice should be obtained, particularly where document flows traverse borders. Legal professional privilege is a legal right available to any individual or corporate body that seeks and receives legal advice about its legal position (referred to in this guidance as ‘the client’). It is a safeguarding doctrine that allows such parties to obtain legal advice without revealing either the request made for that advice or the advice...
Scope of this Practice Note This Practice Note provides guidance on the rules set out in CPR PD 52B, which govern appeals in the County Court and the High Court, and operates alongside CPR 52 and the other Practice Directions under Part 52. The overarching rules on appeals appear in CPR PD 52A. Accordingly, this Note should be read together with other Practice Notes offering general guidance for appeals pursued under CPR 52 and its associated Practice Directions, see: Civil appeals: general and preliminary considerations—overview. Alongside the relevant CPR, practitioners must also observe any requirements in the applicable court guide for the division in which proceedings are taking place, see Practice Note: Civil appeals—court specific guidance. Appeals arising from contempt require special treatment; for further detail, see Practice Note: Civil contempt...
Introduction A claimant may bring a claim under the Human Rights Act 1998 ( HRA 1998) against a public body for an infringement of their Convention rights under the European Convention on Human Rights ( ECHR). The court has the power to grant compensation. Any award lies within the court’s discretion. HRA 1998 claims are potentially relevant for personal injury practitioners, especially where the claimant might otherwise have no redress unless they proceed under HRA 1998. There are situations in which claimants will have no actionable personal injury claim unless they issue a claim under HRA 1998. In certain circumstances, it is the sole avenue to remedy for claimants. Given this, and the strict time limit for starting such proceedings (the primary limitation period is only one year), all personal injury practitioners should, at a minimum, acquaint themselves with the...
This Practice Note sets out guidance on recovering pre-action costs under Part 36, outlining the circumstances in which such costs are available and the position where a Part 36 offer is made and accepted before any claim is issued... Can pre-action costs be recovered under Part 36? Yes. On 6 April 2015 the CPR were amended to codify earlier authority confirming that pre-action costs fall within Part 36 (see the Court of Appeal in Solomon v Cromwell Group (2011)). The rules now make clear that Part 36 costs recovery encompasses ‘recoverable pre-action costs’ (subject to the extent of what counts as ‘recoverable’, addressed below). The principal provisions are: CPR 36.7(1)—which provides that a Part 36 offer can be made at any stage, including prior to the commencement of proceedings CPR 36.13(1)—concerning a claimant’s recovery of costs where a Part 36 offer is...
This Practice Note offers direction on interpreting and applying the pertinent provisions of the Civil Procedure Rules ( CPR). Requirements can vary depending on the court in which your case is progressing, so be alert to any extra provisions—for further guidance, see: Court specific guidance. The Note concentrates on preparing the particulars of claim for a claim issued under CPR 7. It should be read together with Practice Note: Drafting statements of case, which supplies general guidance on statements of case, including formatting requirements, the requirement for a statement of truth, and the filing of statements of case. For general information on using CPR 8 (the alternative procedure where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims). Particulars of claim—part of claim form or separate document? Where practicable, the particulars of claim should be...
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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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