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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 Court’s background and name Section 41 of the Courts Reform ( Scotland) Act 2014 empowered Scottish Ministers, with the Lord President’s consent, to provide, by order, that the jurisdiction of a sheriff of a specified sheriffdom, sitting at a specified sheriff court, extends territorially throughout Scotland for the purposes of dealing with specified types of civil proceedings. The Act came into force on 22 September 2015. From that date, the exclusive monetary jurisdiction of Scotland’s sheriff courts was increased from £5,000 to £100,000. The All‑ Scotland Sheriff Court ( Sheriff Personal Injury Court) Order 2015, SSI 2015/213, was the first, and, to date, the only, order made under the section 41 power. The key parts of this order are as follows: Article 2(2): an all‑ Scotland sheriff court sitting by virtue of this order is to be referred to as the Sheriff Personal Injury...
This Practice Note surveys the statutory responsibilities placed on defendants in asbestos litigation, highlighting the shifting regulatory regime, first set in 1931 and progressively expanded to control worker exposure. It further examines how asbestos’s prolonged latency period affects the operation and timing of these duties, and summarises the developing body of case law in this field. For fuller guidance on the common law duty of care for asbestos claims, see Practice Note: Asbestos—the common law duty of care. Breach of duty—statutory obligations Note: this Practice Note cites statutory instruments that have since been revoked. Section 69 of the Enterprise and Regulatory Reform Act 2013 commenced on 1 October 2013 and, via an amendment to section 47 of the Health and Safety at Work etc Act 1974, removed the prospect of civil liability arising from breach of workplace regulations for accidents or exposure occurring on or after 1...
The legal technology landscape is changing at pace, spawning a fresh vocabulary of AI-related terms and expressions. For those who are not product developers or software engineers, it is useful to clarify what these phrases mean. This Practice Note is intended to help legal professionals gain a clearer grasp of key Artificial Intelligence ( AI) concepts. For further detail on the technology underpinning AI, see Practice Note: Artificial intelligence and machine learning—an introduction to the technology. The Basics Algorithm: a coded series of instructions within software that resolves a problem or executes a computation. Artificial Intelligence ( AI): computer software and systems capable of exhibiting human intelligence. They can learn, plan, reason, or handle natural language as they operate, rather than relying only on pre-programmed tasks; for example, speech recognition, computer vision, translation between natural languages, and other mappings of inputs. In the UK and EU,...
Through the Human Rights Act 1998 ( HRA 1998), the rights set out in the European Convention on Human Rights ( ECHR) are given domestic effect in English law. A claimant may, therefore, pursue legal proceedings under the HRA 1998 against a public authority for an alleged breach of their Convention rights safeguarded by the ECHR. There are various situations in which the common law affords no remedy, yet a claim under the HRA 1998 might be available, or the HRA 1998 may enhance the remedies open to a claimant. See generally Practice Note: Personal injury claims under the Human Rights Act 1998. Article 8 (right to respect for private and family life) Article 8 of the ECHR is among the Convention’s most influential provisions, and the right to respect for private life has broad scope across multiple contexts, particularly concerning medical...
ARCHIVED : This Practice Note is archived and no longer updated. It explains the requirement to obtain permission to appeal to the UK Supreme Court ( UKSC) and outlines the procedure, whether the challenge comes direct from the High Court (via a leap-frog) or from the Civil Division of the Court of Appeal. It reviews the deadlines for lodging the application (including how to request extra time) and the way in which the request will be decided, including where a Community law point is raised. It is not kept up to date and is supplied for background only. This Practice Note concerns appeals to the Supreme Court. It should be read alongside Practice Notes: Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 and Supreme Court—completing an application for permission or notice of appeal and how to...
ARCHIVED: This Practice Note has been archived. It outlines the regulatory requirements under the SRA Code of Conduct that were in force from 6 October 2012 to 24 November 2019, and will apply to any funding agreement concluded between those dates. In 2011, the Solicitors Regulation Authority implemented a change of regulatory regime for the profession and its regulation of the industry and, as part of that reform, a new Code of Conduct took effect on 6 October 2011. The framework contains ten principles together with a set of mandatory outcomes, i.e. standards of behaviour that solicitors must satisfy. To help achieve those mandatory outcomes, the 2011 Code includes a non-exhaustive list of behaviours that are ‘indicative’ of whether or not the required outcomes are likely to be achieved. The mandatory outcomes concerning funding and costs are expressly set out within the '1st...
ARCHIVED : This Practice Note has been archived and is not maintained. The provisions in this Practice Note ended on Monday 31 March 2014, when the second mediation scheme was replaced by a permanent mediation service introduced under CPR 26.4A. Information on that service is available in Practice Note: Small claims mediation service. Two mediation pilot schemes This Practice Note relates to two mediation service pilot schemes that operated consecutively: first scheme—1 October 2012 to 31 March 2013 ( Practice Direction 51H) second scheme—1 April 2013 to 31 March 2014 ( Practice Direction 51I) Second Mediation Service Pilot Scheme The second Mediation Service Pilot Scheme (the second scheme) commenced on 1 April 2013 in the County Court Money Claims Centre ( CCMC), Production Centre and Money Claims online (see Second Mediation Service Pilot Scheme), and continued until Monday 31 March 2014......
ARCHIVED: This Practice Note is retained for historical reference. It addresses pre-action behaviour in non-protocol matters under the Practice Direction— Pre- Action Conduct that applied before 6 April 2015. For details on the Practice Direction Pre- Action Conduct and Protocols, which replaced the earlier Practice Direction— Pre- Action Conduct and has been in effect since 6 April 2015, see Practice Note: Pre-action behaviour in non-protocol cases— Practice Direction Pre- Action Conduct and Protocols... Practice Direction— Pre- Action Conduct Where a claim is not captured by any of the protocols, the parties should adhere to the principles in the Practice Direction— Pre- Action Conduct before issuing proceedings (para 2.1). For information on the various protocols, to check whether any apply to your claim, see: The pre-action protocols and when they apply— Protocols in force prior to 6 April 2015......
ARCHIVED : This Practice Note is archived and no longer updated or maintained. It is preserved for historical reference only, as it sets out CPR Part 36 as it operated before 6 April 2015, and reflects the position at that time. If you have received, or are putting forward, a Part 36 offer on or after 6 April 2015, you should consult the CPR 36 currently in force together with our Practice Notes and Precedents on this topic, which cover the current regime; see: Part 36 offers—overview. Where a Part 36 offer was made, or received, before 6 April 2015, the Part 36 provisions in effect before that date continue to apply to that offer or response. You can obtain a copy of the pre‑6 April 2015 Part 36 rules here for reference: If a Part 36 offer predates 6 April 2015, but a trial of any...
ARCHIVED: This Practice Note is archived and no longer updated. It is provided solely for historical context, setting out Part 36 of the CPR as it operated before 6 April 2015. If you have received, or intend to make, a Part 36 offer on or after 6 April 2015, you must consult the CPR 36 currently in force together with our relevant Practice Notes and Precedents; see: Part 36 offers—overview. Where a Part 36 offer was made, or received, before 6 April 2015, the Part 36 provisions then in force will govern. A copy of the pre‑6 April 2015 Part 36 rules can be accessed here: If your Part 36 offer predates 6 April 2015 but a trial of any element of the claim, or any issue within it, is scheduled to begin on or after 6 April 2015, you should refer to the new CPR 36 for...
ARCHIVED: This Practice Note is archived and no longer maintained. Except where an appeal notice was lodged, or permission to appeal obtained, before 1 October 2012, this Note is for historical reference only. For up-to-date guidance on permission to appeal, see the Practice Notes: Grounds for appealing and preliminary considerations; Permission to appeal—the application; Permission to appeal—preliminary considerations; and Permission to appeal—hearing and next steps. Any CPR rules and practice directions mentioned here link to the current provisions, not those in force before 1 October 2012. For the pre- October 2012 position, refer to the attached PDFs: CPR 52 (old) and CPR PD 52 (old). The following legislation is cited in this Practice Note: Children Act 1989 ( Ch A 1989) Access to Justice Act 1999 ( AJA 1999) Requiring permission An appeal requires the court’s permission. If both the lower court and the...
ARCHIVED This Practice Note formerly outlined the Bill of Costs pilot scheme, which concluded on 30 September 2017, and is retained for historical reference only. For current guidance on detailed assessment, see: Detailed assessment—overview. The Note relates to the pilot contained in the now-superseded Practice Direction 51L, operating from 1 October 2015 until 30 September 2017. It applied to detailed assessment proceedings in the Senior Courts Costs Office ( SCCO) and participation was voluntary. Why is the bill of costs changing? The traditional method of preparing a Bill of Costs failed to utilise available technology, even though a bill could, in practice, be generated from solicitors’ time-recording across the life of the litigation. Moreover, since the roll-out of the costs budgeting regime, further concerns have arisen—for instance, there is no requirement to set out how the Bill of Costs accords with the most recently approved budget. Taken...
ARCHIVED: This Practice Note reflects provisions that were revoked on 1 April 2013 and is retained solely for historical reference purposes only. Limits on the level of fees Caps apply to the recoverable costs awarded for advocates’ fees where a party succeeds, namely in the following specific circumstances: a fast track trial — the cap only operates if, at the trial date, the case remains allocated to the fast track a hearing to determine the quantum of damages following a default judgment ( Part 12) or an admission ( Part 14) The relevant provisions are set out in CPR 46, which governs these particular limits......
ARCHIVED: This Practice Note relates to provisions revoked on 1 April 2013 and is kept for historical reference only. With the establishment of the Supreme Court, the Supreme Court Costs Office became the Senior Courts Costs Office. The associated guide has not yet been reissued and therefore still bears the title Supreme Court Costs Office Guide. Applicable rules In general, parties should ensure they are familiar with CPR 47.14, the relevant sections of the Costs Practice Direction (practice direction 47, Section 40), and the Supreme Courts Costs Office Guide ( SCCO Guide). This note does not set out all of the detail contained in the SCCO Guide. How to apply for the detailed assessment hearing For guidance on making an application for a detailed assessment hearing, see Detailed assessment: how to apply for a hearing (prior to April 2013) [...
ARCHIVED : This Practice Note is archived, not maintained, and provided solely for background information purposes...
ARCHIVED: This Practice Note is archived, not maintained, and provided solely for background information purposes...
ARCHIVED: This archived Practice Note is no longer updated, now serving solely as background information...
ARCHIVED: This Practice Note is archived and is not being maintained... Except where an appeal notice was filed, or permission to appeal was obtained, before 1 October 2012, this Practice Note is for historic purposes only... For guidance on the current provisions, see: Civil appeals to the Court of Appeal—overview Starting an appeal in the Court of Appeal Conducting an appeal in the Court of Appeal Appeals to the Court of Appeal—bundles Further, any CPR rules and practice directions mentioned in this guidance will link to the provisions presently in force, and not to those that applied before 1 October 2012... For the pre- October 2012 provisions, please refer to the attached PDF documents: CPR 52 (old) CPR PD 52 (old) Is the Court of Appeal bound by its own previous decisions? The general position is that the Court of Appeal is bound by its own...
ARCHIVED: This Practice Note is archived and no longer updated. Note: CPR PD 51S was revoked with effect from 11 am on 1 March 2022, yet it still applies to claims commenced under the pilot on or before 28 February 2022—see: LNB News 02/03/2022 34— Civil Procedure Rules 141st Practice Direction update—in force 1 March 2022 and LNB News 21/02/2022 58— CPRC repeals County Court Online Pilot. County Court damages claims can be brought under the Damages claims pilot scheme in CPR PD 51ZB—see Practice Note: Damages claims pilot scheme— CPR PD 51ZB. For the version of CPR PD 51S that applied before repeal, see: For guidance on County Court money claims, consult Practice Notes: Online Civil Money Claims pilot scheme— CPR PD 51R, County Court Money Claims—how and where to issue, and County Court Money Claims—transfer and jurisdiction of legal...
ARCHIVED: This Practice Note is archived, and is no longer maintained. This Practice Note summarises and collates the paragraphs from the old Practice Direction 3E concerning costs management orders and indicates the corresponding new or existing provisions in CPR PD 3E that superseded them on 1 October 2020 under both the Civil Procedure ( Amendment No 3) Rules 2020, SI 2020/747, and the 122nd Update— Practice Direction Amendments. Previous practice direction provision, existing or new rule, and comment: Practice Direction 3E, para 7.1: Where costs budgets are filed and exchanged, the court would ordinarily and usually make a costs management order under rule 3.15. If such an order is made under rule 3.15, the following paragraphs then apply where appropriate. Existing rule: CPR 3.15(2): Where costs budgets have been filed and exchanged, the court will make a costs management order unless it is...
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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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