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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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This glossary provides every costs term listed in the CPR glossary with an explanation of its use all the terms defined in the glossary of the Senior Courts Costs Office Guide ( SCCO Guide), at pages 9–12 costs budgeting terms with explanations; these terms are currently not included in the CPR glossary Term Definition Senior Courts Costs Office Guide/explanation Appropriate office SCCO Guide—the office in which a request for a detailed assessment hearing should be filed: it is the County Court Office or the District Registry for the court that made the order for costs or, in all other cases, the Senior Court Costs Office ( SCCO). Where the SCCO is the appropriate office for the request, it is also the appropriate office for any request or application made earlier in the detailed assessment proceedings, eg a request for a default costs certificate, a request or...
Section 69 of the Enterprise and Regulatory Reform Act 2013 ( ERRA 2013), which amends section 47 of the Health and Safety at Work Act 1974 ( HSWA 1974), brought a significant shift to claims arising from workplace accidents. For incidents on or after 1 October 2013, most claimants can no longer prove liability simply by pointing to a breach of workplace health and safety regulations, even though criminal penalties for breaches still apply. Compensation may now be pursued only where it is established that the employer was at fault or negligent. This case tracker should be read together with Practice Note: Section 69 of the Enterprise and Regulatory Reform Act 2013. Case name and details Jones v Persimmon Homes Ltd [2024] EWHC 2597 ( KB), High Court, 14 October 2024. The claimant relied on duties arising under the Work at Height...
This Practice Note offers direction on how to construe and apply the pertinent provisions of the CPR. The applicable requirements may differ depending on the court dealing with your matter, so you should remain alert to additional provisions—see: Court specific guidance below. Scope of this Practice Note Civil fraud spans a wide array of potential claims, at its core involving allegations of dishonest behaviour. It is a demanding and engaging area of law that English courts and practitioners frequently confront. The courts are well prepared to manage these cases and have jurisdiction to award a variety of remedies that can help parties reach an effective resolution of their disputes. This Practice Note serves as a practical handbook for lawyers acting for claimants in civil fraud proceedings. Because civil fraud embraces numerous causes and may emerge across a host of different contexts, this Practice Note does not aim to...
Destination of appeals—introduction This Practice Note offers guidance on the provisions in CPR 52 and CPR PD 52A, cross‑referencing the applicable destination of appeals order, together with the current iteration of CPR PD 52A and its accompanying tables. The regime governs appeals to the County Court, the High Court, and the Civil Division of the Court of Appeal. It also extends to applications in the High Court or the Court of Appeal seeking permission to appeal to the Supreme Court in contempt cases, and to applications in the Court of Appeal for permission to appeal to the Supreme Court in proceedings that are not contempt related. These provisions do not apply to: appeals in detailed assessment proceedings from decisions of an authorised court officer; appeals to the Supreme Court (save as set out above); appeals where the appeal notice was filed, or permission to appeal granted, before 1...
This Practice Note This Practice Note sets out guidance on the provisions found in CPR 52 and CPR PD 52A. These overarching provisions extend to the following: appeals to the County Court appeals to the High Court appeals to the civil division of the Court of Appeal applications in the High Court for permission to appeal to the Supreme Court in contempt proceedings, and applications in the Court of Appeal for permission to appeal to the Supreme Court ( CPR 52.1(1)) For further details on the scope of this content, see: Civil appeals: general and preliminary considerations—overview. For guidance on appeals to the UK Supreme Court ( UKSC), see: Appeals to the Supreme Court—overview. Alongside the relevant CPR provisions, practitioners must also follow and have regard to any applicable court guide for the division in which the case is proceeding; see Practice Note: Civil appeals—court specific guidance, which includes links to the Court of...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Note: save where an appeal notice was lodged, or permission to appeal was obtained, before 1 October 2012, this Practice Note is provided for historical reference only. The CPR rules and practice directions mentioned here will link to the current provisions rather than those in force before 1 October 2012. For the pre- October 2012 material, refer to the attached PDF documents: CPR 52 (old) CPR PD 52 (old) Venues Where an appeal arises from a county court decision, or from a district judge of the High Court, the CPR specifies the court with jurisdiction to hear it. See CPR PD 52, paragraphs 8.1–8.14. Appeal hearings are ordinarily confined to a review of the lower court’s decision unless: a practice direction states otherwise, or the interests of justice require a...
This Practice Note addresses challenges to funding arrangements linked to retainers and covers: what constitutes a funding arrangement reasons to contest a funding arrangement methods for challenging a retainer-based funding arrangement For wider guidance on challenging contracts, see: Terminating contracts—how and when a contract ends—overview. For general background on litigation funding, see Practice Notes: Litigation funding—introduction to funder’s perspective; Litigation funding application process. What is a funding arrangement? Funding arrangements fall into two types: a mechanism that operates as, or alongside, the solicitor–client retainer (a retainer-based funding arrangement) a contract under which a third-party funder finances the proceedings for a litigant (third-party litigation funding) Distinguishing between these categories matters, as different routes of challenge apply and distinct costs recovery rules and principles govern each type. Retainer-based funding arrangements Retainer-based funding arrangements usually take the form of, or are ancillary to, the retainer/contract between solicitor and client, and set out how legal fees are to be...
This Practice Note provides guidance on CE- File electronic filing (also known as e-working/e-filing) in the courts under CPR PD 5C from 1 October 2025. It offers direction on using CE- File and highlights the key materials that explain how the system operates. This Practice Note should be read together with the following: When and where is CE- File applicable?—from 1 October 2025—for details of which courts adopt CE- File electronic working and the proceedings to which it applies Electronic communication and filing of documents by email— CPR PD 5B—for guidance on electronic filing under CPR PD 5B For overarching guidance on lodging documents in civil cases, see Practice Note: Filing documents at court in civil proceedings. Note: To further the principle of open justice in the civil courts, the ‘access to public domain documents’ pilot under CPR PD 51ZH will run in...
Archived: this Practice Note is no longer maintained and is provided for background reference only. In addition, some links may not point to the provisions as they stood on the date this guidance was issued. Note: this Practice Note gives guidance on Chief Master Marsh’s Practice Note dated 8 September 2014 about the CE‑ File introduced in the Chancery Division in London from 1 October 2014 only. Developments since then, including the Rolls Building mandatory e‑working scheme and the February 2016 revised edition of the Chancery Guide, are addressed in other content, including: Electronic working and CE- File—when and where is CE- File applicable? Electronic working and CE- File—how to use CE- File Electronic communication and filing of documents by email— CPR PD 5B Accordingly, the content below is of historical interest only. What is CE File? CE File is the system used to...
On 2 December 2024, the Lord Chancellor confirmed a change to a positive discount rate of 0.5%, with the new rate taking effect from 11 January 2025. Under Schedule A1 to the Damages Act 1996, later reviews must be conducted within five years of the conclusion of the last review; accordingly, the next review must commence on or before 2 December 2029. This Practice Note sets out the potential heads of claim in a case of severe injury and, where appropriate, offers limited guidance... General damages for pain, suffering and loss of amenity Damages for pain, suffering and loss of amenity are to be assessed in the customary fashion, with reference to the Judicial College Guidelines and relevant authorities. In cases of catastrophic brain injury, issues can arise regarding the claimant’s consciousness and therefore their perception of pain. It remains the case that an award for pain and...
The companion Practice Note: Catastrophic injury claims—preliminary considerations sets out the principal matters to be assessed in such claims, including the solicitor’s function, liability, insurance, limitation, funding and rehabilitation. The related Practice Note: Catastrophic injury claims—conduct of the claim supplies guidance on the commonly encountered issues typically arising when running a claim for a severely injured claimant, including retaining counsel, applications for interim payments, appointing experts and a case manager, and matters concerning damages and settlement meetings. This Practice Note offers guidance on the more practical, day-to-day mechanics and processes of representing a seriously injured claimant. It is arranged chronologically, from the viewpoint of the claimant solicitor, and sets out the main practical steps and considerations pre-issue from the first point of contact with the catastrophically injured claimant or their family. Where applicable, pertinent issues concerning the defendant insurer or solicitor are...
This Practice Note outlines the key issues and steps to address, preferably with counsel’s input. A vital early consideration is the selection of counsel. Selection of specialist counsel In cases of severe injury, counsel’s role is pivotal, and a solicitor will often wish to instruct an experienced junior earlier than would typically happen in more modest claims. The solicitor will want counsel closely engaged in framing the claim and in defining the approach and strategy to be pursued. It is critical that the barrister chosen is skilled and experienced in this work. Equally, it matters that they are approachable and willing to be consulted regularly. The individual appointed should be someone with whom not only the instructing solicitor, but also the claimant and family, will feel at ease. In many matters, counsel will be invited to a conference at the claimant’s home, and a strong...
FORTHCOMING CHANGE: As at July 2025, the CQC is actively reviewing its inspection and assessment framework, exploring amendments to make evaluation of each service type more effective. While the eventual model is not yet known, for the present the ‘ Single Assessment Framework’ continues to operate, with scoring adjustments in place. These revisions relate specifically to scoring arrangements. Under the current hybrid approach, evidence categories are no longer scored; instead, only quality statements receive ratings. ( See: CQC scoring approach). This Practice Note outlines the role, powers and functions of the . What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, which regulates health and social care services in England, and protects the interests of people whose rights are restricted under the Mental Health Act 1983 ( Me HA 1983). The CQC’s legal...
Introduction to nursing rates The material in this Practice Note is drawn from Butterworths Personal Injury Litigation Service ( BPILS). In its introduction to nursing rates it explains that the figures are intended to assist in calculating the expense of professional care or, more specifically, for services commonly provided by care workers or home carers, the worth of help given by relatives or friends. The Annual Survey of Hours and Earnings ( ASHE) from the Office for National Statistics ( ONS) offers current, though not entirely comprehensive, pay data for nurses, senior care workers and care workers/home carers. A further advantage is the inclusion of both regional and national data. These figures are reliable and easy to use, giving an appropriate foundation for a practitioner to estimate, in broad terms, the cost of securing private nursing care or home care or,...
ARCHIVED : This Practice Note has been archived and is not maintained. UPDATE : This Pilot scheme came to an end on 13 January 2021. The pilot concluded on 13 January 2021; nonetheless, proceedings already within it on that date continue to be governed by the pilot’s procedure thereafter. This Practice Note examines the Business and Property Courts— Capped Costs List pilot (a form of fixed costs) set out in Practice Direction 51W ( CPR PD 51W). CPR PD 51W introduces a bespoke, streamlined procedural framework designed to deliver a simplified court process, which supersedes any conflicting rules or Practice Directions where inconsistency arises ( CPR PD 51W, para 1.3). It explains: Which claims fall within the Capped Costs List pilot How a case is admitted to the Capped Costs List When a case remains in the Capped Costs List The...
ARCHIVED: This Practice Note has been archived as it explains the changes to CPR 6 when Regulation ( EU) 1215/2012, Brussels I (recast) came into force in 2015. This Practice Note refers to the following: It outlines how the CPR expressly labels the EU regulations mentioned. Regulation ( EC) 44/2001, Brussels I. Under the CPR, this is described as the 'previous Judgments Regulation'. Regulation ( EU) 1215/2012, Brussels I (recast). Under the CPR, this is described as the ' Judgments Regulation'. Regulation definition For service-related provisions, the CPR’s definition of the Judgments Regulation was altered from: ‘the Judgments Regulation’ means Council Regulation ( EC) No......
ARCHIVED: This Practice Note is archived and no longer updated. It outlines modifications to the Civil Procedure Rules arising from the Civil Procedure Rules 1998 ( Amendment) ( EU Exit) Regulations 2019 ( SI 2019/521), and the Civil, Criminal and Family Justice ( Amendment) ( EU Exit) Regulations 2020 ( SI 2020/1493), together with related revisions to relevant practice directions recorded in the Making documents for the 107th, 122nd and 126th practice direction updates. The 126th practice direction update also introduced several minor amendments to the 107th practice direction. These adjustments either ensured, or flowed from, changes to existing EU Exit instruments so as to secure alignment with the Withdrawal Agreement between the EU and the UK. CPR Parts subject to change include: Part 5 Part 6 Part 8 Part 12 Part 13 Part 25 Part 30 Part 31 ...
The duty of care The initial task is to confirm that a common law duty of care arises between the parties. After that, the claimant must establish a breach of that duty, ie the defendant’s behaviour fell short of the required standard of care. While expert opinion can be commissioned, the existence of a duty is most often treated as a factual question. For further guidance, see the following Practice Notes: Duty of care in personal injury claims Duty of care and breach in clinical negligence claims The reasonable person test When deciding whether the duty has been broken, the court typically applies the reasonable person test, ie what a reasonable person would have done, refrained from doing, or anticipated, in the circumstances of the specific incident. What the court regards as reasonable conduct will depend on the particular facts......
This Practice Note sets out the requirements and considerations for permitted assignment of claims or causes of action in English civil litigation. For guidance on assigning a claim or a cause of action, with specific focus on what the assignment paperwork ought to contain in further detail, see Practice Note: How do I assign a claim or cause of action? Note: in this Practice Note, references are to the transfer of both causes of action and claims. A cause of action is taken to mean '...a factual situation the existence of which entitles one person to obtain from the court a remedy against another person' ( Letang v Cooper), while a claim denotes a claimant’s formal assertion of that cause of action against a defendant. In the authorities, the expressions 'assigning a cause of action' and 'assigning a claim' are sometimes treated as...
NOTE: On 2 December 2024, the Lord Chancellor confirmed a move to a positive 0.5% discount rate. This revised 0.5% rate takes effect from 11 January 2025. Under Schedule A1 to the Damages Act 1996 ( DA 1996), subsequent reviews must be undertaken within five years of the conclusion of the previous review, meaning the next review must commence no later than 2 December 2029. Objective in assessment of future losses The court’s aim when valuing future losses and expenses mirrors its approach to historic losses: so far as money allows, to restore the claimant to the financial position they would have occupied had the accident not happened. As a result, practitioners generally observe that multiple heads of loss are common to both periods, with a typical carry‑over of lost earnings and the continuation of a care regime into the years ahead. In the most...
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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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