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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:
Most recent Practice notes
This Practice Note This Practice Note examines when parties may consent to prolong or modify a deadline prescribed by the CPR, practice directions or a court order, and summarises the court’s stance on granting extensions of time. It does not cover extensions connected to service of the claim form, service of the particulars of claim, or the service of evidence in claims brought under CPR 8. For guidance on extending time for service of the claim form, see: Extending time for service of the claim form—principles; Extending time for service of the claim form—making an application; and Extending time for service of the claim form—illustrative decisions. For extending time for service of the particulars of claim, see Practice Note: Service of the particulars of claim. For extending time for service of evidence in a Part 8 ( CPR 8) claim, see...
This Practice Note pinpoints and distils key cases on the responsibilities of legal advisers when collaborating with expert witnesses tasked with preparing and giving evidence in a civil court, and on the duties of the experts themselves. Drawing from those decisions, it highlights what practitioners should avoid or adopt when selecting, instructing and engaging with expert witnesses. Admissibility of opinion evidence The admissibility of opinion evidence from witnesses with expertise in the relevant field is addressed in the Supreme Court decision of Kennedy v Cordia ( Services). The court set out ‘four considerations which govern the admissibility of skilled evidence’ (the term for expert evidence in civil procedure in Scotland where the case originated) as whether: the proposed skilled evidence will aid the court in its task the witness has the requisite knowledge and experience the witness is objective in the presentation and assessment of the...
Preparation of exhibits to witness statements and affidavits This Practice Note concentrates on assembling exhibits for witness statements and affidavits. It defines what an exhibit is and sets out practical matters to bear in mind during preparation, indicating where the requirements differ between witness statements and affidavits. It provides guidance on the form an exhibit should take, how to organise exhibit bundles, and how to address voluminous, defective and non‑documentary exhibits. Depending on the court for your claim, additional provisions may apply—see Court specific guidance. This Practice Note should be read with Practice Notes: Affidavits and witness statements supporting interim applications, Witness statements—substantive content, and Drafting witness statements—formalities and dealing with problematic witnesses. An exhibit is made up of documents or other items used to support the contents of a witness statement or an affidavit. Exhibits are referred to within, but remain separate from, the...
This Practice Note outlines the matters a court will weigh on an application where a party wishes either to found or to dispute the jurisdiction of the courts of England and Wales (the English courts) in issue. There are three central requirements: a genuinely triable issue must exist; the claimant must show a good arguable case; and the English courts must be the appropriate forum for resolving the parties’ dispute in question, between them. This Note cites the decision in AK Investment v Kyrgyz Mobil, which some law reports record, in certain series, simply as Altimo Holdings & Investment Ltd v Kyrgyz Mobil Tel Ltd. Why is jurisdiction an important issue? The significance of confirming the court’s jurisdiction to adjudicate the claim before it has been examined in many authorities across the jurisprudence extensively. A concise overview appears in the Court of Appeal’s decision in...
This Practice Note addresses enforcement of settlement agreements reached before any claim is issued. In contrast to compromises made after a claim has begun, a pre-issue settlement leaves nothing to be stayed or brought to an end. As a result, a judgment or order is not typically required, and the enforcement questions are correspondingly different. If a claim has already been issued, see Practice Note: Enforcing settlement agreements concluded after proceedings have commenced. How did the parties conclude their pre-action settlement? The parties may have formed a settlement contract by any of the following: by an executed agreement in a contractual document by deed by a binding exchange of emails or letters by an offer and acceptance under CPR 36 (a pre-action Part 36 offer) Enforcement of an executed agreement in a contractual document Where, pre-action, the parties have settled their dispute by executing a contractual agreement but one party does not...
This Practice Note This Practice Note outlines the available routes for recording a settlement, including by correspondence, by contract or deed, and via a Tomlin order or consent order. It examines the pros and cons of each approach, addressing the often tricky question of when an offer to settle is actually accepted, together with the related point about the footing on which negotiations take place (for instance, ' Without prejudice save as to costs' and/or ' Subject to contract'). It also details execution formalities for settlements effected by contracts and deeds, and includes example wording for counterparts. For help with making an offer to settle, see Practice Note: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36). For guidance on drafting the terms of a settlement agreement (whether signed as a contract or a deed), see Practice Note: Settling...
This Practice Note This Practice Note explores data protection considerations that arise when conducting disclosure in civil proceedings. It explains how the Civil Procedure Rules ( CPR) and the General Data Protection Regulation ( GDPR) frameworks intersect with disclosure, the handling of personal data and special category data, the redaction of personal data, the approach to documents protected by legal professional privilege ( LPP) under data protection law, and the treatment of data subject access requests ( DSARs). It addresses: the EU GDPR, Regulation ( EU) 2016/679 the UK version of the EU GDPR, retained in UK law by the European Union ( Withdrawal) Act 2018 the Data Protection Act 2018 ( DPA 2018), which operates alongside the UK GDPR Note that the Data ( Use and Access) Act 2025 ( DUAA 2025) received Royal Assent on 19 June 2025. Certain provisions took effect...
This Practice Note considers how applications are determined when the court concludes they can be resolved without a hearing (commonly referred to as determination on the papers). For guidance on which applications are appropriate for a paper determination and how to request one, see Practice Note: Applications without a hearing (paper applications). For general advice on making applications, see Practice Note: How to make an application for a court order ( CPR 23). Rule change as of 1 October 2023 Previously, decisions on the papers—and especially the setting aside of applications decided without a hearing—were governed by CPR 23.8 read with CPR PD 23A, para 11.2, and a substantial body of caselaw developed on their interpretation. From 1 October 2023, CPR PD 23A, para 11.2 is removed and CPR 23.8 is replaced by a new, self-contained regime for paper...
Introduction Over roughly the past decade, motor insurers have refined a method for spotting and handling personal injury claims from road accidents, especially alleged whiplash said to result from low-speed impacts. The focus is on collisions that seem minor in nature, typically arising in the following circumstances: two or more vehicles were travelling slowly, or, less commonly, their contact amounted to a slight glancing blow or gentle nudge one vehicle was stationary and another struck it, often at the rear, at very low speed Where an insurer considers a case fits this pattern, the defendant’s insurers may defend the claim on the footing that: whiplash (or another injury) cannot be sustained in such a low-speed impact, asserting there is a threshold of physical force below which an occupant will not be injured consequently, the claimant cannot satisfy the court that they suffered the stated injury, or indeed any injury, in this...
This Practice Note looks at service of documents outside England and Wales and whether the court’s permission to required As a general position, court documents must be served within the jurisdiction, that is, in England and Wales ( CPR 6.6(1) and CPR 2.3), and this remains the starting point. Where a defendant is situated outside England and Wales, there is no automatic right to serve the claim form out of the jurisdiction, and the claimant will therefore need to consider the following options: whether service can be effected in England and Wales, for example by serving the defendant’s solicitor, or by utilising a route available under the Companies Act 2016 whether service can be carried out outside the jurisdiction without first obtaining the court’s permission—the courts of England and Wales must have jurisdiction to determine the dispute between the parties as contemplated under either CPR 6.32 or CPR 6.33; note...
This Practice Note draws upon the direction in CPR PD 6B and the related table identifying filing deadlines for documents in proceedings where particulars of claim have been served outside England and Wales. It addresses filing of the acknowledgement of service, any admission, the defence, and responses to applications. Note that, because the relevant periods are calculated by reference to the particulars of claim, they do not apply to Part 8 claims, where particulars are generally not required. This area is currently subject to judicial consultation; see Practice Note: Tracker—changes to Part 6 and practice directions 6A and 6B. Rules for determining the period for responding to the claim form The timeframe for responding to the claim form depends on whether service occurs with or without the court’s permission. Without court permission In specified circumstances, CPR 6.35 permits service of the claim form without the court’s...
This Practice Note This Practice Note examines where and how to lodge and issue the claim form for proceedings commenced under CPR 7, and identifies the documents that must be filed with it, including the response pack. It also clarifies when proceedings are regarded as ‘started’, as that date carries consequences for the timetable for service of the claim form and for limitation... For guidance on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims). This Practice Note should be read alongside Practice Note: Claim form—the contents. For additional help on issuing and filing a claim in the County Court, see Practice Note: Starting civil claims in the County Court. For further guidance on the appropriate court in which to issue, see...
Part 36 From 1 October 2023, the CPR were revised to broaden the scope of fixed recoverable costs. As a consequence, Part 36 now extends to claims on the fast track and the intermediate track, and to noise‑induced hearing loss claims allocated to the fast track, with fixed costs applying where: the cause of action arises on or after 1 October 2023; or in disease claims, no letter of claim was sent before 1 October 2023 The pre‑1 October 2023 iteration of CPR 36 (no longer maintained within the CPR) can be accessed here: For guidance on the particular rules applicable to claims falling within the fixed costs regime—including cases pursued under the Pre‑ Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents, the Pre‑ Action Protocol for Low Value Personal Injury ( Employers’ Liability and Public Liability) Claims, or the Pre‑ Action Protocol for...
This Practice Note explains how to make and respond to a Part 36 counter-offer, its impact on existing Part 36 offers, and its relevance to other settlement offers not advanced under Part 36. Counter-offer in response to Part 36 offer When a party receives a Part 36 offer, they may propose a counter-offer, either as a further Part 36 offer or by another route. The consequences of putting forward a counter-offer are outlined below. Effect of counter-offer on Part 36 offer Tabling a counter-offer does not undermine the validity of any extant Part 36 offer. Under CPR 36.11(2), a Part 36 offer already made stays open and capable of acceptance unless the offeror serves written notice withdrawing it, or it is automatically withdrawn in line with its terms where the acceptance deadline passes without the offeree serving notice of acceptance ( CPR...
This Practice Note sets out advice on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are expected to be parties to any likely later proceedings. It explains how to pursue such a request for disclosure before a claim has begun, including the application notice, evidence supporting the pre-action bid, and the draft order, in sequence. It also addresses the respondent’s stance when resisting the application, and typical objections. The costs implications of seeking pre-action disclosure are reviewed in outline. For detailed guidance on when it may be suitable to seek pre-action disclosure, the approach the courts adopt in deciding whether to allow such requests, and targeted discussion of pre-action disclosure in varying contexts, see Practice Note: Pre-action disclosure—requirements and the courts' approach. For further guidance on the principal aspects of the court’s jurisdiction under CPR 31.16, see in particular Practice Note:...
This Practice Note reviews automatic stays of civil proceedings under CPR 15.11 and explains how to apply to lift a stay. For other court powers to stay claims, see Practice Note: Stay of civil proceedings—when can you apply to stay a claim? Automatic stays under CPR 15.11 CPR 15.11(1) provides that a claim is automatically stayed where: (a) at least six months have passed since the end of the CPR 15.4 period for filing a defence (b) no defendant has served or filed an admission, defence or counterclaim (c) no party has entered or applied for default judgment or summary judgment (d) no defendant has applied to strike out all or part of the claim form or particulars of claim Note: With effect from 1 October 2022, CPR 15.11(1) was amended as follows: CPR 15.11(1)(c) was widened to cover...
This Practice Note outlines how the court exercises its discretion on costs under the Senior Courts Act 1981 ( SCA 1981) and CPR 44. It addresses what a costs order may cover, potential complications with foreign currency, costs orders following split trials, orders where proceedings are stayed, and orders made on appeal. It also discusses a solicitor’s duty to advise their client about any costs order. For details on particular categories of costs orders, see: Costs orders—overview and Practice Note: Costs orders—purpose, what to include and different types. For guidance on costs orders expressed in a foreign currency, see Practice Note: Foreign currency claims. Court’s discretion to deal with costs— Senior Courts Act 1981 There is no automatic right to recover expenditure incurred during litigation—recovery lies within the court’s discretion, as provided for in statute and the Civil Procedure Rules ( CPR). SCA 1981, s 51...
Scope of this Practice Note This Practice Note provides guidance on the provisions set out in CPR 52 and CPR PD 52C. These provisions apply to appeals made to the Civil Division of the Court of Appeal. They do not extend to the following: appeals arising from detailed assessment proceedings against a decision of an authorised court officer; appeals to the County Court, the High Court, or the Supreme Court; appeals where the notice was lodged, or permission to appeal was granted, before 1 October 2012 (unless the court has ordered otherwise); situations where permission is sought to appeal a decision refusing to grant an interim injunction under section 41 of the Policing and Crime Act 2009. For guidance on appeal bundles when appealing to the County Court or the High Court, see Practice Note: Appeals to the County Court or the High...
This Practice Note explores when a party or their legal representative may communicate directly with the court under CPR 39.8, and on what terms. It also covers filing documents with the court, including by email. What are the rules regarding parties communicating with the court pursuant to CPR 39.8? Under CPR 39.8(1), any communication between a party and the court on matters of substance or procedure must be disclosed to, and if in writing (paper or electronic) copied to, the other party/parties or their representatives, unless: there is a compelling reason not to do so, which is set out in the communication ( CPR 39.8(3)), or another rule or practice direction permits it ( CPR 39.8(7)). If this requirement is not met, the court may impose sanctions or otherwise exercise its case management powers under CPR 3 ( CPR 39.8(6)). For details of the...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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