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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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The third iteration of the Rehabilitation Code appeared in September 2015 and came into substantive effect on 1 December 2015. Reform of the Rehabilitation Code The 2007 Rehabilitation Code refined and streamlined the original Code launched in 1999. After the Jackson reforms, a working group was convened to scrutinise the 2007 Rehabilitation Code. Following that review, key features of the 2015 Code (the Code) include: This review followed the Jackson reforms. a dedicated section for lower‑value claims, meaning claims worth no more than £25,000 as defined within the Code for more serious injuries, rehabilitation case managers are urged to collaborate proactively with treating NHS clinicians as set out at para 2.7 publication of a Guide for Case Managers and commissioners alongside the Code to guide practice an addendum addressing claims in the Official Injury Claims ( OIC) portal for use within the...
The claim and basis for it This claim arises where a living claimant has had their lifespan curtailed by the defendant’s negligence. The reduction in life expectancy is established by medical evidence, which identifies and measures the anticipated loss of life expectancy. The term ‘lost years’ denotes the time beyond death during which the claimant would otherwise have earned wages, drawn a pension, or received other financial benefit. Where a living claimant’s expected lifespan has been shortened through the defendant’s fault, they may recover damages for pecuniary loss, for example loss of earnings, both for the period they are likely to remain alive and for the ‘lost years’ they would have experienced but for the injury. Those damages are calculated after subtracting the claimant’s own living costs that would have been incurred during the lost years. The deduction for living expenses reflects the share of the...
Above all, be courteous to everyone at all times. Showing unfailing politeness to all concerned makes it difficult to go seriously wrong. The judge Ensure all mobiles are fully switched off before the judge arrives in court. Rise to your feet as the judge enters; the usher or the clerk will, in any event, remind you if you forget. Offer a bow when they reach the bench—their desk at the front of the court—and note that the judge will return the bow. You should also bow once more when they stand to leave the courtroom. At the beginning of proceedings, the judge will indicate when they are ready to hear from someone, and they usually invite the claimant’s advocate to go first. Addressing the judge For guidance on the correct forms of address for each level of the...
Extension of time to serve the claim form This Practice Note offers guidance on applying to extend the deadline for serving the claim form. It addresses party agreement to an extension of time, pre‑application considerations, and the steps for pursuing an application under CPR 7.6. The Practice Note sets out the rules and authorities relevant to any application to extend time for service of the claim form, and also considers the defendant’s right to have the order set aside. The guidance provided is specific to the claim form. As set out by the Supreme Court in Barton v Wright Hassall (2018), the purpose of serving the claim form on the defendant is to bring the contents of the claim form to the defendant’s attention so that they know the case against them. To ensure the defendant receives timely notice of the case against them, the CPR...
This Practice Note provides guidance on when non-parties may access documents on the court file pursuant to the court’s inherent jurisdiction and CPR 5.4C. It explains the range of material a non-party or third party may obtain from the court, including statements of case, judgments and orders, further documents kept on the court file or stored within court records, and communications exchanged between the court and any party or other individual. Whether permission is required and the conditions that must be met to obtain access are addressed, including if granting access serves the interests of open justice, and the courts’ inherent jurisdiction to determine how that principle is exercised, as the court sees fit. It also outlines the steps and criteria for an application to view court documents and information, together with the mechanisms by which parties may curb access to...
This Practice Note explains the circumstances and procedure by which a defendant can advance a counterclaim or other ‘additional claim’ (including a claim for contribution or indemnity) against an existing party or a new party under CPR 20 and CPR PD 20, and considers whether it ought to be issued as a separate claim instead. It clarifies when the court’s permission is required, how to apply for that permission, and what must be provided with the application, including the evidence to be put forward. For general guidance on the contents, filing and service of the defence, see Practice Notes: Drafting the defence—formalities Drafting the defence—drafting tips Filing the defence Serving the defence For general guidance on drafting statements of case, see Practice Note: Drafting statements of case. What is an ‘additional claim’ and when might a party wish to make one? An ‘additional claim’ is ‘any claim other than the claim by the...
This Practice Note outlines the key considerations when dealing with litigants in person ( LIP) in civil proceedings across interim applications, hearings and trial, including instances of non-attendance and remote hearings. It also covers the drafting and service of orders, consent orders, and other trial-stage matters such as applications to adjourn, preparation of trial bundles, handling of evidence, and the use of IT at trial. It offers guidance on interpreting and applying the relevant CPR provisions. It should be read alongside the following: Making an application and service—overview Determining interim applications—overview Trial—overview Judgments and orders—overview Depending on the court in which the case is progressing, additional requirements may arise—see: Court specific guidance. For broader guidance on litigants in person, see: Parties and their...
Definition of a catastrophic injury It is often the case that practitioners reserve the label ‘catastrophic’ for only the gravest injuries, sometimes confining it to harm so serious that the injured person requires continuous, 24‑hour care. These Practice Notes, together with the related Practice Notes in the catastrophic claims subtopic, do not adopt so narrow or overly precise a definition or classification. Instead, they address injuries that will permanently alter a claimant’s life, frequently stripping them of the ability to live wholly independently and curtailing, or even removing, their capacity to work. Where the repercussions of the accident and ensuing disability are so fundamental, the quantum of any award secured will have a pronounced effect on the quality of life the claimant—and very often their family—is able to enjoy. Nature of the role of the claimant’s solicitor In a catastrophic injury case, the...
This Practice Note explains how to commence a claim for misuse of private information (a privacy claim) in England and Wales from 1 January 2021. It addresses: whether a claim exists and who may pursue it potential defendants and principal defences remedies limitation jurisdiction other issues on receiving instructions (interim relief, preservation of documents, alternative causes of action and alternatives to litigation) funding the claim pre-action conduct starting proceedings For more on the misuse of private information, see Practice Note: Privacy law—misuse of private information. For guidance on initial steps when confronted with a claim against your client for misuse of private information, see Practice Note: Responding to a claim for misuse of private information—a practical guide. Privacy claim—is there a claim? The first task is to determine whether your client has a viable claim. What must a...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note reviews the approach to the recognition and enforcement of judgments as it will operate from the UK’s exit from the EU on 31 January 2020 through to the end of the implementation period, which the EU describes as the transition period. It explores whether that implementation period could be extended, evaluates if the enforcement framework under the Brussels regime—including Regulation ( EU) 1215/2012, Brussels I (recast)—is in force during the implementation period, as well as setting out the position after the implementation period concludes. For a quick reference Brexit research aid that answers key questions on Brexit and provides useful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources......
The point at which an agreement is concluded—absence of ‘subject to contract’ This Practice Note examines the issues that may arise in deciding when a binding settlement of a dispute has been reached, if at all. For guidance on enforcing settlement agreements, see Practice Notes: Enforcing settlement agreements concluded after proceedings have commenced and Enforcing a settlement agreement concluded pre-action. A settlement agreement is made where negotiations over disputed matters are followed by acceptance of an offer, supported by consideration, with an intention to create legal relations. To be contractually binding, the settlement must clearly show: acceptance of an offer—being the final and unequivocal assent to that offer assent that mirrors the terms proposed in the offer communication of that acceptance to the offeror Be alert to the risk of accepting an offer despite intending to continue negotiations. For help on avoiding this, see...
This Practice Note reviews the amended 2012 Criminal Injuries Compensation Scheme, which took effect on 13 June 2019. It sets out the tariff-based approach to valuing injuries, together with provisions on loss of earnings, care-related expenses, fatal accident claims, and the scheme’s maximum award available. See also Practice Note: Claims for compensation to the Criminal Injuries Compensation Scheme. The tariff system—the injury award A fixed schedule of awards is available to victims of criminal injury, from £1,000 up to £250,000. The schedule covers all categories of harm, including physical injury, psychological trauma, child loss, sexual abuse or assault, and contraction of life‑threatening diseases. Annex E ( Part A) addresses physical and mental health injury, while Part B deals with sexual and physical abuse and other payments. Under this tariff framework, the Criminal Injuries Compensation Authority ( CICA) sets compensation based on medical evidence. The...
ARCHIVED: This Practice Note is archived and is not being maintained. NOTE: save where an appeal notice was filed, or permission to appeal obtained, before 1 October 2012, this Practice Note is for historical reference only. Moreover, the CPR rules and practice directions mentioned in this guidance link to the current provisions rather than those that applied before 1 October 2012. For the pre‑ October 2012 position, please refer to the attached PDF documents. CPR 52 (old) CPR PD 52 (old) Introduction The CPR sets out guidance on specialist appeals to the various divisions of the High Court. The procedure for such appeals differs slightly in each instance. This note signposts the sections of the practice direction to Part 52 that relate to those appeals. These provisions should be considered together with the general appeals procedure contained in CPR Part...
Archived: This Practice Note is kept solely for historical context and is no longer updated or maintained. It explains how applications were determined without a hearing (often called determination on the papers) under the rules in force before 1 October 2023. For guidance on determining applications on the papers under the rules from 1 October 2023, see Practice Note: Determination of an application without a hearing (on the papers). For broader guidance on making applications, see Practice Note: How to make an application for a court order ( CPR 23)... Preparation for a paper determination When the court considers an application suitable for decision on the papers under CPR 23.8: it will notify both the applicant and the respondent that the matter will be resolved on the papers ( CPR PD 23A, para 2.4) it may issue directions for the filing of...
This Practice Note is archived and retained for reference only, as the pilot scheme concluded on 31 March 2013. For further detail on costs budgeting, see: Costs budgeting and costs management—overview. What is this? The Commercial Court costs pilot scheme (the Scheme) was created to control the expense of proceedings in line with the overriding objective in CPR 1.1, with its provisions contained in CPR PD 51G. Parties were required to prepare a costs budget ( Costs Budget) before the first CMC and to keep it updated throughout the case. The court would then actively oversee the case’s costs in accordance with the overriding objective, approving or refusing any proposed amendments to the Costs Budget. Where appropriate, approval could be given by issuing a Costs Management Order. For a comparable costs control initiative in defamation claims, see Defamation costs pilot scheme [...
ARCHIVED: NOTE: SAVE FOR WHERE A DEFENCE HAS BEEN RECEIVED BEFORE 1 APRIL 2013, THIS PRACTICE NOTE IS FOR HISTORICAL PURPOSES ONLY. For guidance on the rules currently in force, refer to Practice Notes: Directions questionnaires and Case management—allocation—the different case management tracks. Changes since 1 April 2013 From 1 April 2013, allocation questionnaires were replaced by directions questionnaires wherever ‘a defence is received’ on or after that date. What remains uncertain is: whether ‘received’ refers to receipt by the court rather than by the other parties and/or whether ‘a defence’ signifies that, in claims with multiple defendants, the new provisions apply where any defendant files its defence on or after 1 April 2013, even if other defendants filed before then If you now need to deal with directions questionnaires instead of allocation questionnaires, see Practice Notes: Directions questionnaires and Case...
ARCHIVED: This Practice Note is archived, not kept up to date, and provided solely for background information purposes. Additionally, certain links might not lead directly to the provisions as they stood on the publication date of this Practice Note’s guidance. For details on earlier and/or later changes to the CPR, consult: CPR updates—overview and Procedure Rule Committee minutes—overview......
ARCHIVED: This archived Practice Note sets out the position as at 1 April 2013 on implementing the Jackson Reforms. It is not maintained and is provided solely for background purposes. In addition, some links may no longer direct you to the provisions as they appeared when this guidance was published. For further information on earlier and/or later amendments to the CPR, see: Practice Note: Jackson Reforms—one year on [ Archived] CPR updates—overview Procedure Rule Committee minutes—overview New costs rules and practice directions A comprehensive review of the costs rules and practice directions was carried out by a subcommittee of the CPR Committee. The removal of rules concerning funding agreements required renumbering, so from 1 April 2013 costs are addressed in Parts 44–47 rather than Parts 43–48 as before. The costs practice direction has also been reorganised so there is now a separate...
Note, this Practice Note provides guidance solely on appealing the decision of an authorised court officer in detailed assessment proceedings. It does not address appeals from a detailed assessment conducted by a costs judge or a district judge. Appeals from judges are governed by CPR 52 ( Appeals). What is the process for appeals in detailed assessment proceedings? The destination of appeals is prescribed by the Access to Justice Act 1999 ( Destination of Appeals) Order 2016, SI 2016/917 ( CPR PD 47, para 20.1). The procedure differs depending on whether the decision-maker was an authorised court officer or a judge: authorised court officer—any party may appeal a decision made in detailed assessment proceedings ( CPR 47.21) these appeals are dealt with under CPR 47.21– CPR 47.24 and CPR PD 47, para 20.1– CPR PD 47, para...
Assimilated law Originally developed in collaboration with Sue Brown and revised in partnership with Andrew Wilson. Assimilated law is the label for retained EU law ( REUL) that continues in effect after the end of 2023. The re-categorisation of REUL (and related terms) as assimilated law marks a change in its status and handling within UK law, meaning it is generally construed by reference to ordinary domestic legal rules and principles. For more information, see Practice Note: Assimilated law. This Practice Note references UK Rome II, Regulation ( EC) 864/2007. The regulation applies when identifying the applicable law in matters where the damaging event constituting a tort occurred on or after 1 January 2021. Formerly termed Retained Rome II, from 1 January 2024 it is described as Assimilated Rome II—the alteration is in the name only, not in the regulation’s provisions. Case law may employ either...
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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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