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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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Clinical negligence claims involving A& E treatment An introduction to accident and emergency ( A& E) medicine Accident and emergency medicine is widely seen as the NHS’s frontline, where clinicians provide rapid assessment and care for people with severe, life‑threatening illness or injury. This speciality calls for extensive knowledge and practical ability to prevent, diagnose and manage acute, urgent problems across all ages, often complicated by concurrent or pre‑existing conditions. Patients frequently present with minimal background details, relying largely on information gathered from conversation, which makes diagnosis particularly demanding. The central challenge is to deliver swift, appropriate care in those first critical hours. Emergency physicians must possess the expertise to form a working diagnosis, start treatment immediately and, when needed, refer patients to the right specialists. Many develop subspecialist interests that add depth to emergency care, such as paediatric emergencies, acute medical...
Electronic disclosure This Practice Note addresses common queries about electronic disclosure, covering what it entails, a solicitor’s duties in respect of it, the practical steps required, how to plan costs, and the consequences of non-compliance. It should be read alongside the Practice Notes: Introduction to electronic disclosure and Disclosure—technical glossary. Electronic disclosure refers to the efficient handling of (typically extensive) stores of electronically stored information ( ESI), whether arising before proceedings or after issue. With ESI now pervasive across businesses and individuals, dispute lawyers must understand electronic disclosure and a legal representative’s responsibilities under CPR PD 31B. For additional guidance, consult the following Practice Notes: Disclosure in multi-track cases Case management—compliance This Practice Note does not address the disclosure scheme in the Business and Property Courts. Electronic disclosure will almost invariably be relevant to matters within that scheme; while the guidance here may assist, the...
This Practice Note explains what electronic disclosure means and outlines the core tasks involved when handling electronic, or e‑disclosure, namely planning, collaboration, identification, preservation, collection, review and disclosure. It also addresses the approach to e‑disclosure at trial. ‘ Electronic disclosure’ concerns the management of substantial volumes of electronically stored information ( ESI), arising in a pre‑action or post‑issue setting. A sound grasp of e‑documents, e‑disclosure and your duties under CPR PD 31B (where applicable) is vital. For guidance on these aspects of disclosure, see the following Practice Notes: Disclosure in multi-track cases Case management—compliance Note: This Practice Note does not address the disclosure scheme operating in the Business and Property Courts. For relevant guidance, see: Disclosure Scheme ( Business & Property Courts)—overview. Principal sources of information Key sources on the process are: CPR 31 Practice Direction 31B concerning electronic...
Read this Practice Note alongside Practice Note: Disclosure under CPR 31—introduction, or the Disclosure Scheme ( Business & Property Courts)—overview, according to the disclosure scheme operating in the court where the claim is being pursued (for further guidance, see: Which disclosure rules apply to my claim—flowchart?). Term Definition Artificial Intelligence ( AI) — a technological means that imitates human thought processes, producing either extractive (summarising) or generative (creating) outcomes. back-up tapes — tapes holding preserved data; termed ‘back-up’ because information is copied to them and kept as a contingency. Also covers any method where data is routinely captured and stored separately for risk management. See also incremental back-ups below. bit and byte — electronic information is measured in bits, indicating storage space. 8 bits = 1 byte. 1 byte approximates to one text character; 1024 bytes = 1...
ARCHIVED: This Tracker monitored the progress of introducing the new electronic bill of costs ( Precedent S), which came into effect on 6 April 2018. This Tracker is therefore for historical purposes only What is the ‘in force’ date? The electronic bill of costs took effect on Friday, 6 April 2018 for use on detailed assessment in both the Senior Court Costs Office ( SCCO) and the County Court. Postponement of the introduction of the new bill of costs in 2017 Debate at CPR Committee meetings throughout 2017 resulted in a postponement: May 2017—during the CPR Committee meeting it was noted that take-up of the pilot for the electronic bill had been limited (only three bills in electronic form). Nevertheless, the committee agreed the pilot should be made mandatory for bills submitted to the SCCO and widened to include the County Court, although this would require...
This Practice Note summarises the Pre- Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims (the EL/ PL protocol) from Stage 2 of the process onwards. For guidance on Stage 1, see Practice Note: EL/ PL claims in the portal—a practical guide ( Stage 1). The Portal The Portal, initially launched for road traffic accident ( RTA) claims on 30 April 2010, was extended on 31 July 2013 to include Employers’ Liability ( EL) and Public Liability ( PL) claims. For direction on when the EL/ PL protocol applies, see Practice Note: The Pre- Action Protocol for Low Value Personal Injury ( Employers' Liability and Public Liability) Claims. Stage 2 Medical reports In order to commence Stage 2, the claimant ( C) requires a medical report to proceed. The EL/ PL protocol provides that ‘it is expected that most claimants will obtain a...
This Practice Note explores the duty of full and frank disclosure when making a without notice application for permission to serve proceedings outside England and Wales. It sets out the origins and rationale of the duty, contrasts its scope with other without notice remedies (such as freezing injunctions), and identifies what amounts to ‘material facts’ that must be revealed. It surveys leading authorities from The Hagen (1908) to recent decisions, noting the consequences of breach, the court’s discretion in cases of non-disclosure, and examples of orders being set aside or maintained. It also gives practical guidance on anticipating respondents’ points, dealing with new information that arises after an order is made, and ensuring even-handed presentation of evidence. This Practice Note should be read with Practice Note: Cross-border service—application for permission to serve outside England and Wales. Note: without notice...
The Francis Inquiry In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was launched after concerns about care standards at the Trust and an investigation and report by the now‑abolished Healthcare Commission in March 2009. The worries centred on apparently high mortality among patients admitted as emergencies. Chaired by Robert Francis KC, the Inquiry found that candour is integral to high‑quality healthcare, yet openness, transparency and candour are too often absent. Accordingly, a statutory duty of candour was introduced to deliver a key recommendation of the Inquiry. This duty has also been referred to as Robbie’s Law by the Action against Medical Accidents group, after Robbie Powell, who died in 1990. Statutory framework The regulations were made on 6 November 2014, with many taking effect 21 days later, that is, 27 November 2014, in line with reg 1, with the...
Although every litigation funding agreement ( LFA), together with its ancillary papers, will differ according to the funder and the nuances of the funded matter being financed, there are core issues that must be addressed throughout the various negotiation stages of all litigation funding documentation. This Practice Note forms part of a series of short Practice Notes by Tanya Lansky and Tets Ishikawa, Managing Directors of Lion Fish Group Ltd, designed to give those negotiating and considering LFAs and their related documents a clearer grasp of the factors in play. Overriding objective Managing drawdown arrangements is an administrative task, often non-billed, and all too easily overlooked. Yet a well-defined drawdown procedure can conserve a substantial amount of time, costs and resources for all parties involved over the duration of an LFA. The principal objective of any drawdown process is to eliminate ambiguity and minimise...
This Practice Note gives high-level guidance on preparing a letter of claim. For more related material, including links to a selection of precedent letters of claim, see: Pre-action: general—overview Pre-action protocols—overview What is a letter of claim? A letter of claim—also known as a letter before action or pre-action letter—marks the opening step in litigation. It notifies the prospective defendant(s) that court proceedings are intended if the dispute is not resolved. Practically, it allows you to set out, with clarity, the grounds on which you say a claim arises and the actions the recipient should take to avoid formal proceedings, confined to remedies a court could award if the claim succeeded. A carefully crafted letter can, at times, prompt the other party to engage seriously and remove the need to issue proceedings. Failing that, it can frame the litigation that follows, so it should not be...
This Practice Note brings together current judicial practice notes and guidance of relevance to Dispute Resolution practitioners, issued for the following courts: Chancery Division Commercial Court King’s Bench Division (excluding the Administrative Court and Planning Court) Business and Property Courts Senior Courts Costs Office Rolls Building It covers notes on electronic working, commencing a claim, hearings and trials, making applications, witness evidence, judgments and orders, and contempt of court. HM Courts and Tribunals Service ( HMCTS) issues a weekly operational summary offering users a weekly view of the service’s operational status. See also the @ HMCTSgovuk X account. For the guides of the individual specialist courts, see Practice Note: Court guides and other guidance. Court guidance on use of AI In 2023, the Courts and Tribunals Judiciary ( CTJ) published Artificial Intelligence ( AI)— Judicial Guidance to assist the...
Although every litigation funding agreement ( LFA) and its accompanying papers will differ according to the funder and the nuances of the case being backed, there are core matters that must be tackled during the various stages of negotiation. This Practice Note forms part of a concise series by Tanya Lansky and Tets Ishikawa, Managing Directors of Lion Fish Group Ltd, designed to equip those negotiating or evaluating LFAs and their related documents with a clearer appreciation of the issues in play. Dispute resolution No party ever expects to rely on a dispute resolution clause in a commercial contract. Within the litigation funding sphere, most disagreements about the LFA are ordinarily sorted out between the participants. As a result, it is tempting to default to boilerplate wording submitting ‘to the exclusive jurisdiction of the courts of England and Wales’, or whatever the parties...
Many contracts include provisions on resolving disputes. At times these are simple terms stipulating litigation or possibly arbitration, sometimes also spelling out jurisdiction and the governing law. Yet a clause can instead prescribe other routes of alternative dispute resolution ( ADR) to be pursued should a dispute arise, offering an alternative to litigation or arbitration. Such provisions are often labelled ADR clauses. Parties have a number of options open to them (see below), and it is vital to appreciate the consequences of the drafting choices you make. This Practice Note reviews several clause formulations and evaluates the issues that may arise in relation to each category. The types of dispute resolution clause considered in this Practice Note are: litigation only clauses mediation clauses multi-tier clauses (escalation clauses) hybrid clauses carve-out clauses For guidance on the principal questions around the...
Tracker overview This Tracker highlights significant upcoming legislative changes of interest to dispute resolution lawyers, together with ongoing and recently closed consultations and other pertinent updates, enabling practitioners to follow and stay informed on recent and impending developments. To follow developments: for digital assets, including cryptoassets, see Practice Note: Tracker—cryptoassets for Dispute Resolution lawyers for artificial intelligence ( AI), see Practice Note: Tracker— AI for dispute resolution lawyers for alternative dispute resolution ( ADR), see Practice Note: Tracker— ADR developments For earlier developments, see Practice Notes: historic; and Brexit legislation tracker for dispute resolution practitioners [ Archived], which addresses legislative changes linked to the UK’s departure from the EU. Civil procedure Consultation The Online Procedure ( Core Rules and Pilot Schemes) Rules 2026 consultation Key dates: 4 December 2025–10 am on 15 January 2026 Details: Gov.uk opened a...
This protocol covers personal injury matters where harm stems from a disease or illness rather than an accident. If a single incident gives rise to the disease or illness, the parties may, by agreement, use this protocol in place of the Pre- Action Protocol for Personal Injury Claims. For further guidance on the Pre- Action Protocol for Personal Injury Claims, consult the Practice Note: The Pre- Action Protocol for Personal Injury Claims. It also extends to claims that, although valued within the fast track, are rendered unsuitable for that track by their complexity. However, fast track noise-induced hearing loss ( NIHL) cases are governed by Annex E of this protocol—see Noise-induced hearing loss claims below. The timetable set out in this protocol may need to be adjusted by the parties where it is not appropriate to the facts of the case. For...
Introduction This Practice Note explains the disclosure obligations for matters assigned to the intermediate track, together with the relevant rules and guidance that apply where the claim form was issued on or after 1 October 2023. It does not purport to address claims governed by the Disclosure Scheme in the Business and Property Courts at all. For general introductory guidance on that scheme, see: Disclosure Scheme ( Business & Property Courts)—overview. For general guidance on disclosure in the other tracks, refer to the following Practice Notes listed below: Disclosure in the small claims track Disclosure in fast track cases Disclosure in multi-track cases The scope of a claim in the intermediate track The intermediate track was introduced from 1 October 2023 for disputes that are more involved than those suitable for the fast track, yet not so complex as to require...
Introduction This Practice Note outlines the disclosure obligations for claims allocated to the fast track, and covers the rules and guidance where the claim form is issued on or after 1 October 2023, excluding personal injury and clinical negligence claims where different timetables apply. For general guidance on disclosure, see: Disclosure—overview. This Practice Note does not address claims governed by the Disclosure Scheme in the Business & Property Courts. For guidance on that scheme, see: Disclosure Scheme ( Business & Property Courts)—overview. For general guidance on disclosure in other tracks, see the following Practice Notes: Disclosure in the small claims track Disclosure in intermediate track cases Disclosure in multi-track cases The scope of a fast track claim The fast track provides a streamlined route for managing and taking lower value cases above the small claims ceiling to trial in the county court. Its...
ARCHIVED: This Practice Note examines the Jackson reforms to CPR 31.5 on disclosure that took effect on 1 April 2013. The reforms are intended to prompt the parties and the court, at an early point, to consider and decide the most suitable disclosure exercise for their case. Note: this Practice Note offers guidance only on the provisions brought in during April 2013. It does not give guidance on any subsequent procedural amendments (whether to the CPR or any other procedural rules). Nor does it address the implementation or interpretation of the April 2013 procedural updates, or any later updates. For guidance on the Jackson Reforms one year on, and on subsequent CPR updates, see Practice Note: Jackson Reforms—one year on [ Archived] and CPR updates—overview respectively. For information on disclosure after April 2013, see: Practice Note: Disclosure in multi-track cases. This covers the steps the...
Applications in the King’s Bench Division Where a case proceeds in the King’s Bench Division ( KBD), any application you make is governed by the King’s Bench Guide. This Practice Note offers direction on applications in the KBD by pointing to the relevant parts of the King’s Bench Guide. Its focus is on how the court determines applications in the KBD—either at a hearing or on the papers—rather than the steps for making an application or getting ready for an application hearing. For guidance on other elements of KBD application procedure, see: Making an application in the King’s Bench Division ( KBD) Preparing for an application hearing in the King’s Bench Division ( KBD) The following general points should be noted: The King’s Bench Guide provides practical material about KBD proceedings, but it is not a replacement for the CPR and must be read...
This Practice Note offers a concise outline of the principal considerations relating to detailed assessment. Use it as a starting guide and read it alongside the following Practice Notes, which provide fuller, more detailed coverage: Detailed assessment—what is it, who does it and where? Detailed assessment—commencement Detailed assessment—the hearing Detailed assessment—costs, settlement and agreement What is detailed assessment? A detailed assessment is the process by which the court decides what sum the paying party must pay the receiving party for litigation costs. It applies where the parties cannot reach agreement on costs and where a summary assessment is not suitable. For an introduction to summary assessment and the circumstances in which it is undertaken, see: Summary assessment—overview. The framework for detailed assessment is set out in CPR 47 and CPR PD 47. As a general rule, the costs of the proceedings (or any part of them) are not...
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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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