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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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For direction from the Senior Court Costs Office ( SCCO) on how detailed assessment hearings are to be conducted within that court, refer to Practice Note: SCCO guidance for detailed assessment from 1 August 2020. That Practice Note outlines matters to bear in mind when handling a detailed assessment within the SCCO. It covers making a request for a hearing and the ramifications of not doing so. It explains what occurs after the request is filed up to the hearing itself, including any potential applications that may arise during that period. As regards the hearing, it addresses who may speak to the court and in what capacity. It also considers how privileged documents are to be treated. The Practice Note should be read alongside: Request for detailed assessment—checklist and Practice Note: Costs and...
This Practice Note explores the relationship between costs budgeting and detailed assessment, with particular emphasis on CPR 3.18, which sets out how the court will approach standard basis assessments in cases where a Costs Management Order ( CMO) has been made and where one has not been made. For matters in which a CMO exists, three core considerations are identified: the significance of the most recent approved or agreed costs budget; whether there is ‘a good reason’ to deviate from the figure allowed at the costs management hearing; and the relevance of any court observations regarding incurred costs. What is costs budgeting and detailed assessment Detailed assessment pre-dated the introduction of costs budgeting. When budgeting was brought in, no specific guidance clarified how the two should interrelate, and the authorities were inconsistent. Accordingly, care is needed when relying on earlier...
A range of frequently seen liability issues arise in dental claims, and they commonly include the following: periodontal claims cosmetic dentistry consent disputes root fillings orthodontic claims failure to diagnose dental caries incomplete or incorrect extractions jaw fractures during tooth extraction This Practice Note also explores the circumstances in which a dental practice might owe a non-delegable duty of care to a patient. Periodontal claims Claims relating to gum disease are very common. Awareness of a potential claim typically arises when a patient has changed practice for some reason, or where a practice has changed hands. A new dentist may tell the patient that they have gum disease, or, quite often, assume the patient already knows. The news is more often than not, understandably, met with considerable upset and anger. Basic periodontal...
Dental notes A frequent stumbling block for lawyers handling dental negligence matters is the language and nomenclature found in the records. The presentation of notes has altered over the years and continues to develop. Paper records Up to around 2000, only a small number of practices kept computerised files. The vast majority of clinicians documented care on NHS‑derived standardised buff cards ( FP25). Unsurprisingly, handwriting was often poor, and specialist terms compounded the challenge of interpretation. The buff shade significantly hampers photocopying. Where entries prove illegible, practitioners should return to the practice to obtain clearer, legible reproductions, using a colour copier if required. Lost or misplaced cards were not unusual, and often a second set of notes might exist. Many practices wrote the card number at the head of the FP25, and continuity across the sequence ought to be verified. At times, neither the...
A claim can be started under: CPR 7—for further guidance, see Practice Notes: Claim form—the contents, Claim form—filing and issuing, and Drafting the particulars of claim CPR 8—for further guidance, see Practice Note: CPR Part 8 claims (alternative procedure for claims) Action following service of a claim In most cases, prior to commencing proceedings, the parties will have engaged with a pre-action protocol or traded pre-action correspondence, which will have provided the defendant with an opportunity to consider and prepare a response to the claim. For further guidance, see: Pre-action: general—overview. If that has not occurred, receipt of a claim form may catch the defendant unawares and compel it to address several issues promptly. This is the usual position in practice......
ARCHIVED This Practice Note is archived and is not maintained. For the current position, see Practice Note: Obtaining default judgment—general principles— Conditions for a default judgment—the relevant time for filing has expired. A persistent issue for practitioners and the judiciary is whether default judgment can be entered where the acknowledgment of service or the defence is submitted late, yet arrives before the court determines the request/application for default judgment. There is, for now, no definitive resolution, although that will alter on 6 April 2020. Changes to CPR 12.3—6 April 2020 The meaning of CPR 12.3 has been clarified, with the amendments coming into force on 6 April 2020. These changes appear in the Civil Procedure ( Amendment) Rules 2020, SI 2020/82, r 3. The effect is that where an acknowledgment of service or a defence is filed before a judgment in default is entered, this will prevent the court from...
This Practice Note has been placed in archive and is retained for reference only. The defamation costs pilot scheme concluded on 31 March 2013. For guidance on costs budgeting, see: Costs budgeting and costs management—overview. What is it? The Scheme obliges participants in defamation actions (that is, actions involving allegations of libel, slander and/or malicious falsehood) to supply the court with a granular projection of forthcoming base costs (' Costs Budget'). Parties must keep these Costs Budgets updated routinely, after which the court will either sanction or decline them. In practice, they set the benchmark for future costs recovery, and the court will not deviate from an approved Costs Budget save for good reason. The Scheme’s purpose is to ensure the court holds sufficient costs information to manage the case so that the parties are on an equal footing and that the costs they incur are...
NOTE: On 2 December 2024, the Lord Chancellor confirmed the discount rate would shift to positive 0.5%, taking effect from 11 January 2025. Schedule A1 to the Damages Act 1996 requires that follow-up reviews occur within five years of the end of the last review, meaning the next review must begin on or before 2 December 2029. This Practice Note considers the common heads of damage in clinical negligence litigation—pain and suffering, loss of earnings, loss of congenial employment, pensions, and care and assistance. It provides practical tips and also looks at causation and periodic payments. Introduction This Practice Note examines the heads of damage typically advanced in clinical negligence claims. It does not, however, extend to claims under the Fatal Accidents Act 1976 or the Law Reform ( Miscellaneous Provisions) Act...
Compensation Recovery Unit ( CRU) system This Practice Note explains the Compensation Recovery Unit ( CRU) process for reclaiming lump sum awards made to a claimant under the Pneumoconiosis etc ( Workers’ Compensation) Act 1979 ( P( WC) A 1979), the 2008 Diffuse Mesothelioma Scheme and the 2014 Diffuse Mesothelioma Payment Scheme. It sets out the rules on repayment of a lump sum, how offsetting operates, and which payments are excluded from recovery. It also covers procedures for matters involving multiple compensators, together with interim and periodical payments. For guidance on applying for a CRU certificate and on challenging a certificate, see Practice Note: CRU certificates—recoverable benefits and lump sum payments. General Practitioners should note that the handling of lump sum payments made under certain schemes specifically concerning respiratory disease is different from the treatment of state benefits received where damages are awarded in civil...
This Practice Note explains how social security benefits paid to claimants after an accident, injury or disease are recovered. It describes how the Department for Work and Pensions ( DWP), via the Compensation Recovery Unit ( CRU), reclaims these sums from the compensator. It sets out the circumstances in which the compensator may set off specified benefits against particular heads of loss to prevent double recovery. It also outlines procedure for contributory negligence, multiple compensators, interim payments and periodical payments. The recovery system Following an accident, injury or disease, a claimant may receive state benefits. Under a statutory scheme, the DWP recoups those benefits from the compensator—either the defendant or, in most cases, the defendant’s insurer—through the CRU. Any compensator who makes a compensation payment in any case is liable to pay a sum equal to the total of the recoverable benefits. In turn, the...
Note that, from 1 December 2022, the 152nd PD update officially re-labelled CPR PD 3E (costs management) as CPR PD 3D, aligning with cross-referencing changes introduced by the Civil Procedure ( Amendment No 2) Rules 2022, SI 2022/783, and the 149th PD update, both of which state that CPR PD 3E is retitled CPR PD 3D. Until the guides are revised, any reference in court guides to CPR PD 3E should be understood as a reference to CPR PD 3D. This Practice Note charts a route to the costs management provisions contained in the following court guides: Commercial Court guide, Chancery guide, guide to the Financial List, Circuit Commercial ( Mercantile) Court guide, Patents Court guide, Intellectual Property Enterprise Court guide, guide to the Intellectual Property Enterprise Court Small Claims Track, King’s Bench guide, Senior Courts Costs Office guide and the...
This Practice Note highlights points to address when arranging service of documents outside the jurisdiction in disputes where the courts of England and Wales have jurisdiction to hear the matter under the Hague Convention on Choice of Court Agreements. The Hague Convention on Choice of Court Agreements is an international convention applied in cross-border cases to settle questions of jurisdiction and enforcement in civil and commercial matters. A prerequisite is that the parties have agreed an exclusive jurisdiction clause, ie an exclusive choice of court agreement. For guidance on the convention itself, see Practice Notes: Hague Convention on Choice of Court Agreements—scope and Hague Convention on Choice of Court Agreements—jurisdiction. The convention is in force only for a limited number of countries. For which states, see: Tracker— Hague Convention on Choice of Courts...
This Practice Note addresses how to serve documents from England and Wales on a defendant whose domicile is within an EU Member State. It sets out the principal issues arising when service is to be effected out of the jurisdiction. Summary of the issues to be considered When effecting service outside the jurisdiction in an EU Member State, the following points should be considered carefully: whether the parties have a contractual arrangement for service within the jurisdiction. For guidance, see: Contractually agreed method of service below whether leave is needed to serve out of the jurisdiction. For guidance, see: Is the court’s permission required? below the steps necessary to effect service of documents. For guidance, see: The process required to effect service of documents below practical points. For guidance, see: Practical considerations when serving under the Hague Service Convention...
ARCHIVED This Practice Note is archived and is no longer maintained. It assesses the rules on service that applied between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period on 31 December 2020, which the EU refers to as the transition period. It examines whether the implementation period could be extended, whether Regulation ( EC) 1393/2007 (the Service Regulation) governed service during that timeframe, and ways to minimise uncertainty by employing process server clauses. For a swift Brexit reference tool answering key questions and providing useful updates, research tips and materials, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note uses the following definitions: European Union ( Withdrawal) Act 2018— EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020— EU( WA) A 2020 exit day—defined in EU( W) A 2018, s 20, as 31 January...
This Practice Note explores cross-border service and claims involving digital assets, including cryptocurrency and non-fungible tokens ( NFTs). The law and procedural framework for disputes concerning digital assets remain relatively nascent and are continually developing. In relation to service, the topic is currently under consultation by the Law Commission, with new—and at times inconsistent—authorities emerging. It is therefore essential to be familiar with the present position when seeking to serve a claim form in proceedings that involve digital assets. What are digital assets? There is no settled definition of a ‘digital asset’. However, the Property ( Digital Assets etc) Act 2025, which took effect on 2 December 2025, confirms that something digital or electronic in nature can amount to property: ‘ A thing (including a thing that is digital or electronic in nature) is not prevented from being the object of personal property rights merely...
This Practice Note provides a practical overview of the impact that criminal investigations, prosecutions and convictions may have on healthcare practitioners, and on the integrity of the register that regulators have a statutory duty to maintain. It should be considered alongside the Practice Note: Common principles in fitness to practise proceedings and the relevant Practice Note for each regulator 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 Council—fitness to practise proceedings Nursing and Midwifery Council Proceedings—fitness to practise proceedings Social Work England—fitness to practise proceedings Function of criminal courts v fitness to practise proceedings The distinct purposes of the criminal courts and professional regulators, and how they interact, were analysed in Bawa- Garba v GMC. The appeal...
This Practice Note reviews the amended 2012 Criminal Injuries Compensation Scheme, which took effect on 13 June 2019. Although the Scheme has been the subject of several consultations, no substantial changes have been made. Time periods for lodging the application From the date of the incident, a claimant has a two-year window in which to submit an application for compensation. The onus lies with the applicant to demonstrate they have not failed to meet a reasonable expectation that a claim would be pursued promptly......
ARCHIVED This Practice Note is archived, not updated, and provided for background reference only. In addition, some links may not take you to the provisions as they were at the time this guidance was issued. For information on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Note presents the minutes of the Civil Procedure Rule Committee ( CPRC) meeting held on 15 June 2018. At that meeting, the committee discussed: progress on the Open Justice consultation the disclosure pilot scheme extended powers for County Court legal advisers at the County Court Money Claims Centre ( CCMCC) in Salford proposed changes to CPR PD 2E the Renting Homes ( Wales) Act 2016 updates to the CPR arising from increased use of the Welsh language the closure of Lambeth County...
ARCHIVED This Practice Note is archived and is no longer maintained. It presents the minutes of the Civil Procedure Rule Committee ( CPRC) meeting held on 13 July 2018. During that meeting, the committee considered: the Disclosure Pilot for the Business and Property Courts; the Capped Costs pilot; an update on Electronic Costs Bills; Cardiff v Lee concerning enforcement of possession orders and permission requirements for applications for Warrants & Writs after a suspended order; the extension of the E- Working Pilot to the Queen’s Bench; and other business. Minutes The approved minutes of the CPRC meeting held on 13 July 2018 are available here: Minutes of 15 June 2018 CPRC meeting. The Minutes for the 15 June 2018 meeting were confirmed. See: Questions and answers from May 2018 CPRC open meeting. The Chair, Lord Justice Coulson, commended the...
ARCHIVED: This Practice Note is no longer updated and is provided solely for background reference. Some links may not point to the provisions as they stood when this guidance was issued. For further details on previous and/or subsequent CPR amendments, see: CPR updates—overview and Procedure Rule Committee minutes—overview. This Practice Note includes the agenda and minutes of the CPR Committee ( CPRC) meeting on 2 March 2018, together with supporting documentation. Topics discussed included: Continuing further amendments to CPR Parts 45 and 36 ( Gastric illness claims) relating to Package travel claims A proposal to extend the Insolvency Express Trials Pilot and the PD 51O pilot for a further two years An update on case officer developments Setting up a working group to consider historical abuse A Debt Pre- Action Protocol request regarding the Full Standard...
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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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