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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 Practice Notice explains what ought to be taken into account when considering an appeal against a costs order—the starting position being that such appeals are generally discouraged. It outlines the preliminary factors and the foundation for a costs-only appeal, which falls under CPR 52. It also covers the time limits for appealing, obtaining permission to appeal, challenging a refusal of permission, the correct venue for the appeal, the documents required to initiate it, and the consequences of bringing an appeal. This Practice Note does not consider: an appeal against the decision of a costs officer, as these are governed by special provisions in CPR 47.21 to CPR 47.24. For information, see Practice Note: Detailed assessment—appeals recovering the costs incurred in an appeal. For guidance, see Practice Note: Appeals—costs recovery appeals generally. For guidance, see: Civil appeals: general and preliminary...
This Practice Note explains the steps available once a judgment is received, covering when you may seek to correct a judgment, have it revoked, pursue an appeal, or apply for it to be set aside because it was given without jurisdiction or procured by fraud. For broader guidance on the aftermath of a judgment or order, refer to Practice Note: Judgments and orders—service, compliance, interpretation. The need carefully to review all draft judgments and orders of the court As noted in Practice Note: Reserved judgments—purpose and restrictions, it is usual for the judge to reserve judgment and issue a draft version before it is handed down. Accordingly careful review of any draft judgment or order is essential also......
This Practice Note explores how to commence proceedings in the Technology and Construction Court ( TCC). It focuses on the principles drawn from West Country Renovations v Mc Dowell—reflected in the Technology and Construction Court Guide, para 1.3.2—on deciding whether to issue in the High Court in London, the High Court outside London, or the County Court. It should be read alongside Practice Note: Where to start a civil claim, which provides general guidance on the appropriate venue for civil claims. What types of claims are suitable for the TCC? The kinds of disputes managed by the TCC are described in the Technology and Construction Court Guide, para 1.3. High Court or County Court? Both the High Court and the County Court handle TCC work. As the TCC sits within the Business and Property Courts ( B& PCs), any relevant guidance issued for the B& PCs must also be...
This Practice Note examines the service of particulars of claim. It sets out the prescribed periods for service under CPR 7.4, together with the alternative deadlines that may apply in particular courts or to particular kinds of claim. It also considers practical issues and includes some illustrative cases. Contained within the claim form Where the particulars of claim are included within the claim form itself, they are treated as served at the moment the claim form is served. Distinct factors apply when fixing the date on which service of the claim form occurs. For guidance, see Practice Note: Service of the claim form—time periods for service. Questions can arise about whether the particulars have, in truth, been incorporated into the claim form. That situation arose in Al- Hasani v Nettler (2019), where it was argued that the claimant had not served the...
This Practice Note sets out the purpose and scope of . For guidance on the comparable process in England and Wales for unexpected deaths, known as coroners’ inquests, see Practice Note: The purpose and scope of coroners' inquests. Reporting of deaths and the Scottish Fatalities Investigations Unit Following a death in Scotland, burial or cremation cannot proceed until a medical certificate stating the cause of death has been issued. This document—known as the Medical Certificate of the Cause of Death ( MCCD or Form 11)—must be completed by a doctor and set out the time, date, place and cause of death, identifying any conditions directly leading to the death and any antecedent conditions. Some deaths must be notified to the Procurator Fiscal. A ‘reportable death’ is one not wholly attributable to natural causes, or one potentially due in whole or in part to natural causes but...
Introduction For those handling personal injury or clinical negligence matters, a thorough grasp of every possible medical issue tied to the case is essential. Securing the medical records enables the instructed medical expert to examine all available material concerning the medical injury when compiling his or her medical report. Such records help the expert verify the diagnosis arising from the accident, set out the treatment undertaken, and note any recovery that has been recorded. The expert can also identify and evaluate any pertinent medical history predating the accident, and the records support the formation of his or her opinion and prognosis when preparing the report. What is in the medical records? Medical records are made up of notes, letters, charts, X-rays, test results, and correspondence covering any treatment a person has received throughout his or her lifetime. A patient’s GP keeps the GP medical records. Where a...
This Practice Note examines the service of documents under the Companies Act 2006 ( CA 2006) as an alternative to serving under Part 6 of the Civil Procedure Rules ( CPR 6). It outlines what qualifies as a service address and explains how the Act’s provisions operate for service on a company ( CA 2006, s 1139) and on directors, the company secretary and others ( CA 2006, s 1140). It also addresses service on overseas companies, and on limited liability partnerships via the Limited Liability Partnerships ( Application of Companies Act 2006) Regulations 2009, SI 2009/1804, which modify CA 2006. Practical consideration: the CA 2006 service provisions apply regardless of the purpose of the document—that is, whether it relates to the director’s office or to the associated company—as confirmed in Key Homes Bradford v Patel...
This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the forum, you may need to consider additional requirements—see: Court specific guidance. It addresses the transfer of civil proceedings under CPR 30, including the factors the court will consider when deciding to move a case. Wherever possible, proceedings should start in the appropriate court. For details on the correct forum for issuing a civil claim, and the applicable monetary thresholds, see Practice Note: Where to start a civil claim. Nonetheless, there are occasions when a claim should be moved to another court after issue. Rules governing transfer CPR 30 and the associated practice direction, CPR PD 30, set out the procedure for transferring civil proceedings. A transfer may occur automatically, on application by a party, or on the court’s own initiative. The court may direct a transfer between: County Court...
Guide to Judicial Conduct The Guide to Judicial Conduct (the Guide) addresses the bias or impartiality of judicial office holders. It is intended to assist such office holders with matters of conduct, but is not a code and, save where stated, does not set rules. Rather, it sets out core principles to help judicial office holders reach their own decisions. As explained in the Guide, the decision in Locabail ( UK) Ltd v Bayfield Properties Ltd gives authoritative guidance on impartiality and is frequently cited in cases considering bias. The Guide also provides that, where circumstances could prompt an allegation of bias, or an appearance of bias, they should, if possible, be disclosed to the parties well before the hearing. Legal test and principles applicable to recusal Parties are entitled to expect their dispute will be decided by a fair and independent court or...
This Practice Note addresses ‘traditional’ occupational stress claims, clarifies what amounts to occupational stress, and considers claims under the Protection from Harassment Act 1997 ( PHA 1997). See also Practice Note: Occupational stress—establishing liability. ‘ Traditional’ occupational stress claims These matters concern situations where a claimant has sustained a distinct psychiatric injury arising from pressures encountered at work. ‘ Occupational stress’ is a descriptor of the context in which the psychiatric illness has arisen; it does not denote any specific diagnosis. It serves as context rather than a clinical classification. Any recognised psychiatric condition that has foreseeably emerged due to workplace stresses may, in principle, ground an occupational stress claim. Accordingly, liability rests on recognised psychiatric harm arising from workplace pressures. Where a claimant is experiencing occupational stress (ie stress at work) and lacks a recognisable psychiatric injury, no claim of this sort lies. See...
This Practice Note sets out guidance on the construction and application of the relevant provisions of the CPR. Depending on the court in which your case is underway, you should also remain alert to any additional provisions—see: Court specific guidance. CPR PD 57AB addresses both the shorter trials scheme and the flexible trials scheme, and took effect on 1 October 2018, following a successful pilot conducted under CPR PD 51N in the Rolls Building only. It applies to claims issued on or after 1 October 2015 within the Business and Property Courts. This Practice Note confines itself to the flexible trials scheme. For direction on the shorter trials scheme, see Practice Note: Business and Property Courts—shorter trials scheme. For wider guidance on how the Business and Property Courts operate, see Practice Note: Business and Property...
This Practice Note explains what vicarious liability claims involve, with particular emphasis on the relationship between employer and tortfeasor in such matters. It examines the circumstances in which responsibility can flow from an employee’s wrongdoing, irrespective of any blame attaching to the employer at all. It also offers guidance on claims grounded in negligence or breach of statutory duty, including those brought in practice under the Protection from Harassment Act 1997 ( PHA 1997). In personal injury litigation, a claimant will usually try to prove fault—negligence or breach of statutory duty—on the part of the named defendant, for example the employer. However, an alternative path is frequently open: namely, holding the employer vicariously liable for the acts or omissions of its worker or agent. Nature of vicarious liability Broadly stated, under the doctrine of vicarious liability, an employer bears liability for an...
Who is the General Osteopathic Council ( GOs C)? The General Osteopathic Council ( GOs C) is a corporate body established by the Osteopaths Act 1993 ( OA 1993) with the overall role of advancing and overseeing the profession of osteopathy, with an overarching purpose, first and foremost, of protecting the public by: protecting, promoting and upholding the public’s health, safety and wellbeing promoting and sustaining public trust in the osteopathic profession, and promoting and preserving appropriate professional standards and conduct among its members This Practice Note outlines and provides guidance on GOs C fitness to practise processes, procedures and proceedings, inquiries and investigations, and applications for restoration to the Register. It is a criminal offence to call yourself an ‘osteopath’ without being registered with the GOs C. For clarity and ease of reference, this Practice Note should be read alongside Practice Notes: Common principles in fitness to...
The High Court’s offices are usually open from 10am until 4.30pm every day of the year, except ( CPR PD 2A, para 2.1): Saturdays and Sundays Good Friday Christmas Day and a further day in the Christmas period as specified in the table annexed to CPR PD 2A bank holidays in England and Wales The High Court does not sit continuously throughout the year. There are four terms, separated by vacations between them. Term times are defined by CPR PD 2F, para 1.1, and the precise term dates are listed here: Term dates. This Practice Note offers guidance on making applications outside normal court office opening hours and/or during court vacations. For general guidance on applications made under CPR 23, see Practice Note: How to make an application for a court order ( CPR...
Who is the Nursing and Midwifery Council ( NMC) The Nursing and Midwifery Council ( NMC) is a statutory corporate body established by the Nursing and Midwifery Order 2001. Its general function is to promote standards of education, training, conduct and performance for those it regulates, with the overriding objective of safeguarding the public. All nurses, nursing assistants and midwives must be registered with the NMC, whether roles are temporary or permanent, paid or voluntary, across the NHS or the independent sector. The NMC’s role is to protect, promote and maintain: the health, safety and well-being of the public public confidence in the professions it regulates professional standards and conduct for Registrants This Practice Note offers a guide to Nursing and Midwifery Council ( NMC) fitness to practise proceedings, investigations, and applications for restoration to the Register. The NMC regulates: nurses ...
It should be borne in mind that Brussels I (recast) may still be pertinent to proceedings issued on or after 1 January 2021, where they are connected to earlier proceedings begun before that date (see Articles 29 to 31 of Regulation ( EU) 1215/2012, Brussels I (recast)). Defining and identifying jurisdiction Jurisdiction denotes the authority of a court, for our purposes in England and Wales, to hear and decide a claim. It is separate from the governing law of the claim. The courts of England and Wales may have jurisdiction to hear a claim, but this does not invariably mean that the applicable law is English law. For guidance on the various regimes for determining the applicable law, see Practice Note: Choice of law in foreign accident claims. Jurisdiction concerns whether the claim can properly be brought in England and Wales. There are clear benefits for an...
PI & Clinical Negligence horizon scanner- August 2021 [ Archived] Archived: This Practice Note is no longer maintained and is retained for reference only. It condenses the key legal developments relevant to personal injury and clinical negligence practitioners as at 2 August 2021. For the most up-to-date horizon scanner, please refer to PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep abreast of swiftly changing court processes and procedures prompted by the pandemic-and for sector guidance on managing cases during this period, including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For recent developments affecting PI and clinical negligence claims, see: NHS Coronavirus ( COVID-19) Clinical Negligence Protocol 2020 updated- LNB News 29/07/2021 73 Coronavirus ( COVID-19)- ABI further extends Statement of Intent to 13 August 2021- LNB News 13/07/2021...
Procedure for obtaining a default judgment This Practice Note sets out how to secure a default judgment (also termed judgment in default, judgment in default of acknowledgement of service, and judgment in default of defence). It clarifies that you may proceed by filing a request on the appropriate practice form or by making a formal application under the CPR 23 regime, and identifies when each route is appropriate. It also details the correct steps for a request or an application and the supporting evidence required, together with adjustments to the default judgment process in the Commercial Court and the Circuit Commercial Court. For when the court may enter default judgment, see Practice Note: Obtaining default judgment-general principles. For the character of a default judgment and the forms of judgment available in default, see Practice Note: Default judgment-the judgment itself. Note that this Practice Note deals only with the...
This Practice Note explains the core principles governing the handling and assessment of documents for disclosure under CPR 31, encompassing CPR PD 31B and the overriding objective. It does not address the disclosure regime in the Business and Property Courts; for that, consult: Disclosure Scheme ( Business & Property Courts)—overview. Processing—general principles After gathering documents from the client and any other potential sources, you must decide whether they fall to be disclosed and, if so, to what extent. The scope of what must be disclosed will largely be shaped by the court and the track on which the claim proceeds, together with any disclosure order made by the court. For more detail, see: Track specific case management—overview and Court-specific case management—overview. If you have not yet done so, review any obligations under the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 (the UK GDPR), and the...
This Practice Note compiles a selection of judgments where the courts have examined proportionality since 2012. For the latest guidance on the courts’ stance on proportionality, see Practice Note: Costs and proportionality. Cases from 2020 The Imaging Centre Mobile Ltd v Morr & Co LLP [2025] EWHC 1039 ( SCCO) — Issues: reasonableness and proportionality of items charged. Comment: The judge treated West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 as the key authority on assessing reasonableness and proportionality. Given the summary nature of the assessment, the court found it highly challenging to evaluate proportionality item by item. The judge therefore allowed those costs considered reasonable, then stood back to determine whether the overall sum maintained a proper relationship to the factors in CPR 44.3(5). Cohen v Co-...
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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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