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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
ARCHIVED: This Practice Note has been archived and is no longer maintained. It provides a concise overview of significant legal developments relevant to personal injury and clinical negligence practitioners as at 14 December 2022. For the latest horizon scanner, refer to PI and Clinical Negligence horizon scanning—overview. Key PI & clinical negligence developments How does the ASHE data released in October 2022 impact personal injury claims? Jodie Mc Auley, senior associate at Clyde & Co, and Kate Mikolajewski, Solicitor and Catastrophic and Large Loss Injury manager at Clyde & Co, explore the updates from the Office for National Statistics ( ONS), including practical points to bear in mind when managing periodical payment orders. See News Analysis: How does the ASHE data released in October 2022 impact personal injury claims? Law...
ARCHIVED: This Practice Note has been archived and is not maintained. It distils key legal developments relevant to personal injury and clinical negligence practitioners as at 30 October 2023. For matters predating this horizon scanner, see PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical negligence developments Minutes from Official Injury Claim Advisory Group’s 19 July 2023 meeting published The Ministry of Justice ( Mo J) has released the minutes of the Official Injury Claim ( OIC) Advisory Group meeting held on 19 July 2023. Attendees were: Chair and Secretariat from the Mo J OIC service operators from the Motor Insurers’ Bureau ( MIB) Association of Personal Injury Lawyers ( APIL) Motor Accident Solicitors Society ( MASS) Forum of Insurance Lawyers ( FOIL) Association of British Insurers ( ABI) HM Courts and Tribunals Service (...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at 26 September 2022. For the latest horizon scanner, please see PI and Clinical Negligence horizon scanning-overview. CPR updates CPR changes-in force 1 October 2022 A suite of Civil Procedure Rules ( CPR) revisions made by the Civil Procedure ( Amendment No 2) Rules 2022 will predominantly commence on 1 October 2022. Changes to CPR 55 (possession claims), CPR 56 (landlord and tenant claims) and CPR 65 (crown proceedings) will instead begin on 1 December 2022. These amendments touch on CPR 2 (application and interpretation of the rules), 3 (court’s case management powers), 4 (forms), 5 (court documents), 6 (service of documents), 7 ( How to start proceedings-the claim form), 8 (alternative procedure for claims), 12 (default judgment), 15 (defence and...
ARCHIVED: This Practice Note has been archived and is no longer updated. It distils the principal legal developments relevant to personal injury and clinical negligence practitioners as at 2 December 2021. For the latest horizon scanner, consult PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep pace with the rapid adjustments to court processes and procedures prompted by the pandemic, and for sector guidance on running cases during this period-including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. Pre-action CJC publishes interim report and launches consultation on pre-action protocols The Civil Justice Council ( CJC) issued its interim report on pre-action protocols ( PAPs) on 15 November 2021. See: LNB News 16/11/2021 7. PI Subcommittee consider PI PAPs in interim report The CJC has released its Interim Report on PAPs and commenced a...
This Practice Note sets out guidance on proving factual matters, including the status of witness statements. It also examines the approach to deploying factual evidence in later proceedings and the admissibility of factual findings from other tribunals. Witness immunity from suit is considered as well. Burden of proof Under English law, a party who alleges a particular fact that is not self‑evident must prove it ( Robins v National Trust, as cited in Ball v Ball). The courts have recognised that the character of the allegation bears on what is required to prove it: the more serious, or the less inherently likely, the fact alleged, the more cogent and persuasive the supporting evidence must be ( Ma v St George’s Healthcare NHS Trust at [11], cited in Serafin v Malkiewicz at [87]). The necessary proof does not have to be a witness statement from the party with the...
Expert determination is a type of alternative dispute resolution ( ADR). This Practice Note explains when an expert’s decision might be contested or set aside. For broader guidance on expert determination, including clauses, appointment and process, see Practice Note: Expert determination. For ADR more generally, see: ADR and dispute resolution clauses-overview. General principles As a general rule, the ability to challenge an expert determination is restricted. There is no statutory entitlement to appeal or otherwise contest an expert’s decision. As the expert’s power to decide stems entirely from the parties’ agreement, the courts will turn to that agreement to assess whether the determination can be challenged ( Premier Telecom Communications Group v Webb-see News Analysis: Court of Appeal: expert valuations and mistakes of law ( Premier Telecom Communications Group v Webb)). Most agreements referring disputes to expert determination state that the expert’s decision is final and...
This Practice Note examines the circumstances in which, under CPR 17, a bid to amend a statement of case is treated as late or very late, and the court’s method for addressing such requests. It further addresses how one should respond to an application of this kind. It ought to be read alongside the following Practice Notes: Amending a statement of case—introduction; Amending a statement of case—permission to amend; Amending a statement of case—logistics of effecting an amendment; Amending a statement of case—cost implications; Late amendments to statements of case—illustrative decisions. When is an application to amend a statement of case considered to be ‘late’?......
This Practice Note This Practice Note examines the deemed authenticity of disclosed documents under CPR 32.19, the allocation of the burden of proving a document’s authenticity, when to serve a notice to prove and how this may affect a claim, as well as the civil courts’ approach to authenticity. This Practice Note should be read alongside: Disclosure—overview Inspection—overview Disclosure—technical glossary Under CPR 31, a party is taken to admit the authenticity of a document that has been disclosed unless the party seeking to dispute it serves a notice under CPR 32.19. That notice signifies that the challenger requires the disclosing party to establish the document’s legitimacy at trial. If no notice is given, but the party disputing authenticity nevertheless cross-examines a witness called by the disclosing party about the document, complications may arise regarding the deemed admission. In practice, the courts adopt a...
This Practice Note should be read alongside the following Practice Notes: Amending a statement of case—introduction; Amending a statement of case—permission to amend; Amending a statement of case—cost implications; and Late amendments to statements of case—the court’s approach. The table highlights sample decisions on CPR 17 applications to amend statements of case that were treated as late or very late, and outlines the court’s response to such bids to amend... Examples of judicial approach to 'late' and 'very late' amendments Gambrill v NG Bailey Facilities Services Ltd [2026] EWHC 667 ( KB), 20 March 2026: the applicant sought to introduce amendments six weeks before trial. The court applied the accepted principles on late amendments (which the parties did not dispute), drawing on CIP Properties ( AIPT) Ltd v Galliford Try Infrastructure Ltd ( No 3) [2015] EWHC 1345 ( TCC) at paragraph [19] of the...
This Practice Note This Practice Note explores the reasons and timing for parties to use alternative dispute resolution ( ADR) to settle civil disputes, both at the pre-action stage and after proceedings have started, and does so to help parties assess suitability. It also looks at the court’s powers under the Civil Procedure Rules ( CPR) to prompt or direct parties to engage with ADR, and the court’s capacity to stay proceedings so they can try to resolve matters through ADR. Additional provisions may apply, depending on the court dealing with your case, and should be kept in mind. For more detail, see: Court specific guidance. For guidance on the courts’ powers to impose costs sanctions where a party breaches an order for ADR or unreasonably declines to participate in ADR, see the Practice Notes: Costs consequences of refusing to consider ADR in civil...
Fixed costs determination—what is it and when does it apply? This Practice Note explains fixed costs determination, clarifying what it involves and the circumstances in which it applies. It also covers Precedent U, how it is to be completed, and provides guidance on summary determination once the hearing has finished. Note: this Practice Note sets out the rules taking effect on 1 October 2024 in relation to fixed costs determination. Fixed costs determination is an assessment procedure for resolving costs disputes in fixed costs cases, effective from 1 October 2024. It is designed to provide a streamlined mechanism to address such disputes on the papers, removing the need for a hearing. CPR 36 ( Part 36 offers) does not apply to any fixed costs determination ( CPR 45.66). Parties may, however, choose to make settlement offers outside Part 36. Under CPR...
This Practice Note offers direction on selecting the most suitable method of alternative dispute resolution ( ADR) for settling a civil dispute. It ought to be read alongside Practice Note: What is ADR?, which reviews the principal types of ADR and their respective similarities and differences. For details on the parties’ duties to contemplate ADR and the courts’ authority to direct or prompt consideration of ADR, both before and during any litigation, see Practice Note: Court powers to order or encourage ADR in civil proceedings. Forms of ADR Mediation is among the best known and most widely recognised ADR processes, yet it may not deliver the most effective outcome in every dispute, and it will not always be the suitable choice for a dispute. If the parties choose to pursue ADR, or the court so orders, they retain control over the type of ADR they adopt,...
Practice Note This Practice Note gives a high-level outline of the County Court’s online claims services—the Damages claims portal ( DCP) under CPR PD 51ZB and the Online Civil Money Claims pilot ( OCMC) under CPR PD 51R. It addresses which claims can be issued and managed through these services and the main eligibility criteria. It also summarises the essential requirements for using the services as set out in the CPR and the guidance produced by HM Courts and Tribunals Service ( HMCTS). For full information on how the DCP and OCMC operate and their eligibility rules, read this Practice Note alongside: Damages claims pilot scheme— CPR PD 51ZB Online Civil Money Claims pilot scheme— CPR PD 51R For a summary of the key resources available for the online claims services, see Practice Note: Online County Court money claims—key resources and contact...
This Practice Note explores how judges assess the credibility and genuine recollection of factual witnesses giving evidence at trial. The entirety of evidence To fulfil the court’s fact‑finding role, the various factors must be weighed together as a single, holistic exercise ( Tomlinson LJ in Synclair v East Lancashire Hospitals NHS Trust, drawing on Lord Pearce in the House of Lords case, Onasiss & Calogeropoulos v Vergottis [1968] 2 Lloyd’s Rep 403 (not reported by Lexis Nexis®)). In UK Insurance Ltd v Gentry, the court observed that, in claims alleging a staged road collision, one should step back and evaluate the evidence in the round. The judge also stressed the importance of contemporaneous documents. Illustrations of the court considering the totality of the material include: Yavuz v Tesco Stores Ltd — where tempers were high and witnesses had adopted entrenched positions in their written...
This Practice Note offers guidance on the interpretation and application of the relevant CPR provisions. Depending on the court in which your case progresses, you should also be alert to any additional provisions—see: Court specific guidance. CPR PD 57AB covers both the shorter and flexible trials schemes and took effect on 1 October 2018, following a successful pilot run under CPR PD 51N in the Rolls Building only. It applies to claims issued on or after 1 October 2015 within the Business and Property Courts. This Practice Note addresses only the shorter trials scheme ( STS). For guidance on the flexible trials scheme, see Practice Note: Business and Property Courts—flexible trials scheme. For general guidance on the Business and Property Courts, see Practice Note: Business and Property Courts. Purpose of the shorter trials scheme The STS is designed to secure resolution of...
Many sporting and leisure pursuits involve an inherent possibility of harm to those taking part. Taking part in an extreme pastime can be tempting and exhilarating, yet even everyday and seemingly safer activities and sports such as cycling, swimming, and football still present some chance of injury to participants. Determining liability will involve assessing several elements, including negligence, assumption of risk, and the intrinsic dangers linked to the sport or leisure activity in question. Where adults, fully cognisant of the hazards, are injured while undertaking the hazardous activity, the issue arises as to whether the organiser of the event owes a duty of care to the person who is hurt. Basic principles The fundamental rules for advancing a personal injury claim apply equally to accidents arising from sport and leisure activities: the defendant must owe the claimant a duty of care the defendant must have breached that duty,...
This Practice Note summarises the principal legal updates relevant to personal injury and clinical negligence practitioners as at 2 March 2026, aimed at assisting current practice. For earlier developments, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI & clinical negligence developments Eighteenth edition of the Judicial College Guidelines due The 18th edition of the Judicial College Guidelines ( JCG) will be released on 9 April 2026. The Lexis+® UK PI & Clinical Negligence team will refresh the JCG link within our Key Resources on the Lexis+® UK PI & Clinical Negligence homepage, together with all connected materials. Law Society publishes practice note on conduct of litigation following Mazur v Charles Russell Speechlys Following the High Court’s decision in Mazur v Charles Russell Speechlys [2025] EWHC 2341 ( KB), the Law Society has issued guidance for solicitors, law firms and legal businesses to ensure that only...
This Practice Note This Practice Note addresses the alteration of statements of case under CPR 17, including changes to pleadings, particulars of claim, the claim form, the defence and any reply. It outlines when the court’s consent is necessary to amend a statement of case, and sets out the principles governing whether permission will be allowed or declined. In doing so, it highlights the principal considerations the court will weigh, such as the overriding objective in CPR 1.1, the requirement for a real prospect of success (mirroring the test applied on summary judgment), the stage at which the application is made, compliance with the Civil Procedure Rules ( CPR) when pleading, whether the proposed amendment constitutes an abuse of process, and the potential impact of illegality. The Practice Note further clarifies the circumstances in which permission to amend a pleading must be sought under CPR 17, and...
Successful bids to strike out, or to secure summary judgment on, a claim, defence or discrete issue are, at core, about bringing that matter, or that identified point, in the proceedings to a close. A summary judgment application is frequently pursued alongside a strike out request. It is therefore helpful to explore where these applications overlap, as well as how they differ. Further, there are additional mechanisms by which parties can be stopped from pressing on with a claim, or a particular issue within it, and it is again helpful to assess how summary judgment and strike out interact with those other routes. For general guidance on strike out applications, see Practice Note: Strike out applications—what, who and when and related content. For general guidance on summary judgment applications, see Practice Note: Summary judgment...
This Practice Note outlines summary judgment under CPR 24, setting out in clear terms who may seek such an order, when an application can be brought, and the circumstances in which it is not permitted under the rules. For procedural guidance on issuing a summary judgment application, see Practice Note: Summary judgment—making an application. For the judiciary’s approach to determining these applications, see Practice Note: Summary judgment—general principles. Amendments to CPR Part 24 and CPR PD 24—1 October 2023 Practitioners should be aware that the Civil Procedure Rules ( CPR) on summary judgment changed with effect from 1 October 2023. CPR Part 24 was replaced and CPR PD 24 was withdrawn. The reforms aim to streamline the rules and do not significantly affect the substantive law or day-to-day practice. The numbering and placement of certain provisions have been altered accordingly....
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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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