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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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Reporting deaths to a coroner Not every death is notified to a coroner. A coroner must be told that a person’s body is within their area where there is reason to suspect that: the deceased died a violent or unnatural death the cause of death is unknown, or the deceased was in state custody, namely: prison police custody immigration detention centre There is a difference between a death that must be reported to a coroner and the step of a coroner opening an investigation under section 1 of the Coroners and Justice Act 2009 ( CJA 2009). The Notification of Deaths Regulations 2019, SI 2019/1112, identify when a registered medical practitioner has a duty to notify a...
Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013) took effect. For workplace injuries occurring from that date, civil liability no longer follows from a breach of health and safety statutory duty unless the particular regulation expressly provides for it. Practitioners must therefore establish negligence at common law. Although a claim should not be framed solely as a breach of regulation, claimant practitioners are still likely to rely heavily on the relevant statutory provisions—often setting them out—to illustrate the expected standards of care. In statements of case, regulations can be referenced as outlining procedures for identifying and assessing risk, and for implementing measures in response to such assessments. It is worth noting that the , SI 2005/1093 continue to impose criminal liability. Claims should proceed in negligence, with any breach of...
Contractual set-off Set-off gives Party A, to whom Party B owes money, the means to secure payment by netting the sum due against Party A’s separate liability to Party B arising from another dealing. Where a creditor and debtor have mutual transactions, the creditor may deduct from the debt owed to them any amount they themselves owe to the debtor. See Practice Note: What is set-off and when is it available? Contractual set-off is one of the five principal types identified in Practice Note: Types of set-off. It arises where the parties have created a right of set-off by an express contractual term. Parties use it to widen or restrict the set-off rights available at general law; however, it cannot change the scope or operation of insolvency set-off, which applies mandatorily despite any contractual arrangement between the parties—see Practice Note: Types of set-off—...
This Practice Note reviews the jurisdictional service gateway, or ground of service, in CPR PD 6B, para 3.1(24) concerning contempt applications. It explains gateway 24 and offers guidance on how the courts are likely to construe it. This Practice Note should be read alongside the service Practice Notes: Cross-border service—jurisdictional gateways (principles) Cross-border service—documents other than the claim form—contempt application to be served outside the UK For guidance on contempt and committal, see: Contempt and committal—overview Gateway 24 Gateway 24 (contempt applications) is designed to address the problems faced when serving contempt applications outside England and Wales. Gateway 24 ( CPR PD 6B, para 3.1(24)) states: ‘(24) A contempt application is made, whether or not, apart from this paragraph, a claim form or application notice containing such an application can be served out of the...
This Practice Note This Practice Note sets out the principal points for solicitors arising from the Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013 ( CCR 2013), SI 2013/3134, insofar as they relate to costs and funding. Its purpose is to draw attention to the main issues for solicitors stemming from these regulations in respect of costs and funding, rather than to offer a wider review of the regulations. It does not attempt a general overview of CCR 2013 beyond these focused points only. It addresses three categories of contract—distance, off-premises and on-premises—and the matters that should be taken into account. Before CCR 2013 took effect, the following regimes applied: Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 ( Cancellation Regulations 2008), SI 2008/1816, and the Consumer Protections ( Distance Selling) Regulations 2000, SI...
This Practice Note outlines who bears duties and the nature of those duties under the Construction ( Design and Management) Regulations, and also addresses head protection. The regulations apply to all those carrying out construction works, except domestic individuals who are not undertaking such works as part of a business. Note: for access to revoked regulations mentioned in this Practice Note, subscribers to Lexis+ UK Legal Research may request historical versions here. Post 1 October 2013 On 1 October 2013, section 69 of the Enterprise and Regulatory Reform Act 2013 took effect. For workplace accidents occurring from that date, no civil liability flows from a breach of health and safety statutory duty unless the specific regulation so provides. Practitioners must therefore establish negligence at common law. Although claims can no longer be founded solely on breach of regulation, claimant...
This Practice Note examines the duty of care at common law. For material on statutory obligations, consult Practice Note: Breach of statutory duty and the overlap with the common law. For breaches of the duty of care, refer to Practice Note: Breach of the duty of care in personal injury claims. For guidance on vicarious liability, see Practice Notes: Nature and operation of vicarious liability, Scope and impact of vicarious liability, and Vicarious liability in the course of employment—the close connection test. For the duty of care in clinical negligence, see Practice Note: Duty of care and breach in clinical negligence claims. To succeed in a common law negligence action, a claimant must first establish that the defendant owed them a duty of care. Examples of established relationships When determining whether a duty of care exists, the court will consider if there is an...
This Practice Note This Practice Note explains how information set out in a document, or a statement given by or on behalf of a person, can be relied upon where authenticity must be verified in a commercial setting. It outlines the principal ways to validate information and documents, indicates when statutory declarations, oaths, affirmations and affidavits are appropriate, how to check they have been properly prepared, and offers guidance for practitioners when employing these validation methods. It sets out the requirements for: Statutory declarations Oaths Affirmations Affidavits Formalities for administering statutory declarations, oaths, affirmations and affidavits Statutory declarations and affidavits out of jurisdiction For information on notaries, their purpose, steps required to notarise a document and the meaning of legalisation, see Practice Note: Notaries and notarisation. For guidance on certified copies, including what a certified copy is, when a...
ARCHIVED This Practice Note reflects provisions revoked on 1 April 2013 and is retained solely for historical reference... How to commence detailed assessment proceedings Proceedings begin when the receiving party serves the paying party with: a notice of commencement in the appropriate practice form ( N252) a copy of the bill of costs At this stage the court is not involved; there is no requirement to file either the notice of commencement or the bill of costs at court. These documents must also be served on any other relevant persons, who, upon service, become parties to the proceedings. The Practice Direction sets out the procedure for commencing proceedings and should be consulted in detail......
This Practice Note explains what you need to do when gathering documents, including the client processes that should be put in place to support collection. It does not cover the disclosure scheme in the Business & Property Courts. For guidance on those cases, see: Disclosure Scheme ( Business & Property Courts)—overview. What you should already have achieved By the time you reach the disclosure stage, you should have: begun planning disclosure—this enables proper collation and review of all available information, and ensures you have time to find solutions or agree a strategy for any categories of electronic documents you expect to be difficult gained a clear understanding of where and how your client stores its documents, including electronically stored information. See Practice Note: Disclosure—identifying documents. This can be achieved using the electronic documents questionnaire ( EDQ), which acts as a helpful checklist and allows you to put...
Definition Guidance for doctors who provide cosmetic interventions, issued by the General Medical Council ( GMC) in 2016 and revised in December 2024, defines cosmetic interventions as any procedure, treatment or intervention undertaken chiefly to alter some aspect of a patient’s physical appearance. This spans surgical and non-surgical options, encompassing both invasive and non-invasive approaches. In recent years, cosmetic surgery activity has surged markedly; online discounting has played a part in fuelling this rise. As the volume of procedures increases, so too does the likelihood that complications or undesired outcomes may occur......
ARCHIVED: This Practice Note is archived and not maintained. It provides guidance on employing remote and hybrid hearings, both by video-conference and by telephone, in civil proceedings during the coronavirus ( COVID-19) pandemic. It reviews the court’s approach to remote or hybrid hearings over the pandemic and the guidance issued by the courts for handling remote hearings, including measures adopted to deal with them. For details of current guidance concerning remote and hybrid hearings in civil proceedings, see Practice Note: Remote and hybrid hearings in civil proceedings. Courts approach to remote hearings during the coronavirus ( COVID-19) pandemic The position on remote hearings shifted substantially from the outset of the pandemic, but the following cases illustrate how the courts dealt with applications for remote hearings during that period. As a rule, in all cases, whether a hearing should proceed remotely, and the mode by which each...
ARCHIVED: This Practice Note is archived, not updated, and supplied purely for background reference. It is not maintained and remains available solely as background material. In addition, certain links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Agreed minutes The CPR Committee has provided the agreed minutes of this meeting here, for ease of reference only: Costs budgeting After the new Precedent H was released in April 2016, several queries emerged. District Judge Lethem carried out detailed analysis of them and decided they were merely technical, not matters of substance. Therefore, no changes to Precedent H are before the CPR Committee. Accordingly, nothing substantive was identified. Note: minor amendments are anticipated; see Practice Note: Further revisions to...
ARCHIVED: This Practice Note has been archived; it is not updated, serving background information only...
ARCHIVED: This archived Practice Note is not maintained and is for background information purposes only Some links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Replies to the questions posed were provided by: Mr Justice Coulson—the Deputy Head of Civil Justice Mr Justice Birss— Senior Court Judge Mr Justice Kerr— Senior Court Judge District Judge Hovington— Northern Circuit District Judge Lethem— South Eastern Circuit Mr John Dagnall— Barrister at Maitland Chambers A copy of the Questions and Answers later approved by the CPR Committee ( CPRC) is also available here: CPR Committee agenda Question How do the secretariat and the chair settle the CPRC’s agenda and the subjects on which it...
ARCHIVED: This Practice Note is archived, no longer maintained, and for background information use only...
ARCHIVED : This Practice Note is retained purely for historical reference. The principal legislation addressing reforms to funding arrangements is contained in Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012), with consequential amendments reflected in the Courts and Legal Services Act 1990 ( CLSA 1990). Changes The changes relating to funding arrangements are set out in: conditional fee agreements ( CFAs): LASPO 2012, s 44 concerns success fees in CFAs, defines the requirements for a valid CFA including a success fee, and confirms that success fees are no longer recoverable from the losing party......
ARCHIVED: This Practice Note stems from provisions revoked on 1 April 2013 and is kept solely for historical reference. It sets out the requirements for costs estimates that must be lodged with the court and served on the other parties (and on the client) under practice direction 44, para 6. It should be considered in conjunction with the following Practice Notes: Own client costs information [ Archived], addressing the costs information that must be given to the client under the 2011 Solicitors Code of Conduct Costs management in Mercantile and TCC courts—pilot scheme. There is currently a costs management pilot operating in the Mercantile and TCC courts, under which parties are required to provide a costs budget at the first CMC What is an estimate of costs? ......
Appeals—court guides Parties bringing an appeal must observe the rules applicable to that appeal. The framework for appeals to the County Court, the High Court and the Civil Division of the Court of Appeal is set out in CPR 52 together with the accompanying Practice Directions— CPR PD 52A, CPR PD 52B, CPR PD 52C and CPR PD 52D (general civil litigation provisions). The provisions addressed in this Practice Note should be read alongside those general civil litigation provisions. Guidance on these provisions is available here: Civil appeals: general and preliminary considerations—overview Civil appeals to the County Court and the High Court—overview Civil appeals to the Court of Appeal—overview In addition to all relevant CPR provisions, practitioners must also adhere to any requirements in a specialist court guide for the division or court where the case is being heard. This Practice Note offers...
Chronic primary pain and its meaning Chronic primary pain is a broad label for cases where a claimant experiences pain symptoms but medical investigations have not identified a specific pathological explanation for the pain. The National Institute for Health and Care Excellence ( NICE) published guidance in April 2021 addressing the assessment and management of chronic pain. Chronic pain—sometimes called long-term or persistent pain—is defined in that guideline as pain lasting longer than three months. The NICE guidance centres on chronic primary pain, that is, pain with no obvious underlying cause, or pain (or its impact) that is disproportionate to any detectable injury or disease. The guideline does not recommend for or against pain management programmes for chronic primary pain; rather, the committee agreed that options should be tailored following a patient-centred assessment. ICD-11 (the eleventh revision of the...
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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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