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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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What is a health care associated infection? Health care associated infections ( HCAIs) describes any infection acquired: as a direct consequence of treatment received in, or contact with, a health or social care setting as a direct consequence of health care delivered in the community from an infection first picked up outside a health care setting (e.g. in the community) and then brought into a health care setting by patients, staff or visitors and transmitted to others within that environment (e.g. norovirus) There is a closely corresponding legal definition in section 20(6) of the Health and Social Care Act 2008 ( HSCA 2008): ‘health care associated infection’ means any infection for which an individual may face exposure or become susceptible (or more susceptible) in circumstances where: (a) health or social care is being, or has been, provided to that...
Such payments are now made only in restricted circumstances. These may include: following an infant settlement where some protection is required on behalf of a child or protected party after a conditional court order As in all litigation, payment into court is no longer used specifically as a tactical device concerning costs under the CPR 36 regime. Infant and protected party settlements Once the settlement is sanctioned, the court has a duty under CPR 21.11(2) to issue directions on how the damages are to be managed. Historically, the usual approach was for the court to place the funds in the special investment account ( SIA) at the Court Funds Office ( CFO). Although this remains prudent where protection is needed against incompetence or dishonesty by litigation friends or legal representatives, it will generally be the exception. See Practice Note: Claims involving a...
This Practice Note examines matters arising from the settlement of disputes within the framework of arbitration proceedings. The discussion draws on common practice in international arbitration and the pertinent provisions of the Arbitration Act 1996 ( AA 1996) as applicable in England, Wales and Northern Ireland, and also on certain selected arbitration rules. Settlement negotiations and arbitration As a rule, it serves a party’s best interests to assess every bona fide chance to settle, in light of the time, expense, uncertainty of outcome, reputation, relationship, and other possible consequences that flow from engaging in any form of dispute. Parties may enter into settlement talks or pursue an alternative dispute resolution ( ADR) route, such as mediation, at a pre-arbitration stage, before any proceedings have been envisaged or formally initiated by either side. Where an early attempt to settle succeeds, they will ordinarily set out their shared...
This Practice Note offers a concise guide to the evolution of the doctrine of forum non conveniens; the principle engaged when asking the court to stay proceedings in favour of litigation in another jurisdiction. For a summary of how the doctrine operates today, see: Determining court jurisdiction—overview. In English law, the concept was absent until 1984, although it was acknowledged in Scots law. The doctrine can be said to have been adopted into English law only after the House of Lords judgment in The Abidin Daver (1984). Authority and citation Sim v Robinow (1892) 19 R 665 (not available in Lexis®Library) Issue: Forum non conveniens. Test: Whether the foreign proceedings are better suited to resolve the parties’ interests and to achieve the ends of justice. ...
ARCHIVED: This Practice Note has been archived and will not be updated. CPR provisions The rules governing detailed assessment appear in CPR 47 and practice direction 47. Following the Jackson Reforms, the principal alteration in Part 47 is the launch of Provisional Assessment—a paper-based form of detailed assessment—set out at CPR 47.15 and CPR PD 47, para 14.1 onwards. As this is a wholly new procedure, we cover it in Lexis+® UK DR under Costs as ‘provisional assessment’, rather than within the detailed assessment topic. Additional revisions to Part 47 and practice direction 47 include: revised paragraph numbering, reflecting a practice direction tailored to Part 47, replacing the former Costs Practice Direction a new rule allowing the court, on its own initiative, to order the venue for the detailed assessment; previously, parties were invited to make representations......
Appeals in contempt proceedings Appeals arising from contempt are subject to distinct rules. Read this Practice Note alongside Practice Note: Civil contempt proceedings—appeals, purges and discharge. Determining an application for permission to appeal ( PTA) Decision on the papers or oral hearing? Whether a first or second appeal, permission to appeal is at first determined on the papers (see CPR 52.4(1) and CPR 52.5(1)). An oral hearing of the permission application will occur only in these circumstances: In the County Court and High Court—where the applicant seeks to have a paper refusal of permission reconsidered at an oral hearing, unless the judge who refused permission without an oral hearing has ordered that the applicant may not request such reconsideration ( CPR 52.4(2) and CPR 52.4(3)) In the Court of Appeal—where the judge dealing with the paper application directs that it be decided at an oral hearing ( CPR...
Fixed recoverable costs ( FRC) Fixed recoverable costs ( FRC) set out the sums recoverable from the paying party in litigation, introduced to promote clarity and proportionality in legal spend and process. The intention is that would-be litigants are not deterred by the risk of adverse costs exposure. FRC are now routine across several litigation spheres, though they are not universally applicable in every claim. As the landscape continues to change, this tracker seeks to chart the major milestones in the reform of FRC and offer granular guidance on particular stages and phases. CPR provisions on fixed costs For an overview of the present fixed costs rules and a pathway to related materials and analysis, see: Fixed costs (position on or after 1 October 2023)—checklist. Timeline of key events in fixed recoverable costs reform October 2025 (consultation closes on 5 January 2026) — The Civil...
This Practice Note explains the rules used to assess the amount of fixed enforcement costs in practice. It addresses calculating the fixed sums, what extra costs are recoverable, and the expense of entering judgment where relevant. Note that this Practice Note refers to the current provisions on enforcement costs. From 1 October 2023, the earlier provisions and relevant Tables on enforcement costs were renumbered within CPR 45 or relocated to CPR PD 45 as appropriate. However, the substance of the provisions and Tables has not changed in terms of content at all. For more on the different enforcement methods that are available, see Practice Note: Court fees in civil proceedings. For guidance on fees payable when enforcing a judgment or order, see Practice Note: Court fees in civil proceedings— Enforcement—writs and warrants (fees 7 and 8). Also note the potential to recover the...
ARCHIVED: this archived Practice Note is unmaintained and is supplied solely for background reference. In addition, certain links might not take you to the provisions as they stood on the date the guidance in this Practice Note was issued......
Scope of the General Product Safety Regulations 2005 The General Product Safety Regulations 2005, SI 2005/1803 ( GPSR 2005), set the legal framework to ensure consumer products are safe in Great Britain. They outline the conditions and responsibilities for placing consumer goods on the GB market. states that products introduced to the market or supplied by producers and distributors must be safe clarifies the meaning of a safe product imposes duties on producers and distributors consistent with marketing safe products establishes a presumption of conformity for items that meet UK national safety standards mandates and authorises enforcement authorities to take whatever action is necessary to protect consumers from unsafe products Separate rules apply to the placing on the market of consumer products in Northern Ireland and within the EU. For details on EU consumer protection law, see:...
This Practice Note outlines directions for managing cases involving claims that are currently before the Commercial Court...
ARCHIVED: This Practice Note is archived and not kept under review. NOTE: THIS PRACTICE NOTE IS FOR HISTORIC PURPOSES ONLY. Introduction—the nature of the changes and transitional arrangements The principal aim behind creating the Supreme Court was to disentangle the judicial role of the House of Lords from its parliamentary function. A further objective was to improve openness and ease of use of the appellate process at the nation’s highest court. These reforms did not amount to a complete overhaul of access. The avenues for appealing to the Supreme Court mirror those that previously led to the House of Lords. In the main, the reforms are not far-reaching, save, arguably, for bringing within the Supreme Court’s jurisdiction the determination of devolution issues (formerly heard by the Privy Council). Beyond that, the alterations are largely presentational: refreshed terminology, a different procedural style and tone, and a more modern...
ARCHIVED: This Practice Note is archived, is not maintained, and is provided solely for background information. Moreover, some links may not lead to the provisions as they stood on the date this Practice Note’s guidance was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Amendments to the Civil Procedure Rules ( CPR) (subject to the exceptions noted below) took effect on 6 April 2010. This note summarises the key changes, and all affected practice notes have been updated accordingly. Accordingly, it should be treated as background only and not relied upon for up-to-date procedural requirements at this time alone. Electronic Working Scheme A new Practice Direction 5C was introduced on 1 April 2010, enabling the electronic filing of claims and subsequent steps in: Admiralty, Commercial and London Mercantile Courts ...
This Practice Note considers case management on the fast track of civil claims that are issued before 1 October 2023. This Practice Note reviews how fast-track civil claims issued before 1 October 2023 are managed. Rules on directions and case management in the fast track differ depending on whether proceedings were issued before or after 1 October 2023. The main sources for fast-track case management are CPR 26, CPR PD 26, CPR 28 and CPR PD 28, all of which were amended with effect from 1 October 2023. Consequently, this Practice Note deals solely with fast-track case management for civil proceedings issued before 1 October 2023. For details on the approach to fast-track case management where proceedings are issued on or after 1 October 2023, see Practice Note: Fast track—case management—position on or after 1 October 2023. Note also that, in personal injury claims, the...
ARCHIVED : This archived Practice Note examines a number of matters arising in trial preparation in the sphere of factual witness evidence. It sets out the factors to weigh when deciding whether to call a particular witness, including the dangers of putting forward material as hearsay, and the important distinction between preparing and coaching a witness. It also deals with a solicitor’s code of conduct requirements and the need to ensure that all those whose oral testimony you plan to call at trial have filed witness statements in compliance with CPR 32.4(2). It is not maintained and is provided for background information purposes only. For guidance on interviewing witnesses and preparing them to give evidence at trial, see Practice Note: Witnesses—interviewing and preparing for trial [ Archived]. This Practice Note gives guidance on the interpretation and application of the relevant provisions of the CPR....
Symptomology The clearest sign of hand-arm vibration syndrome ( HAVS), sometimes called vibration white finger ( VWF), is blanching of the fingers caused by spasms of the blood vessels that serve them, leading to pallor. Such spasms may involve all or part of one, several, or even every finger, which then become cold and numb, with reduced sensation. Episodes may persist for a few minutes or continue for a couple of hours. It is also possible for similar attacks to arise in the feet or the nose. There is no curative treatment, though spontaneous improvement may occur over time. The condition may occur naturally, yet it is frequently associated with over-exposure to vibrating tools. Its aetiology has not always been understood and, crucially for litigation in these cases, the courts have limited liability to periods after which employers ought reasonably to have been aware of the...
Elements of a fatal accident claim There are two strands to a fatal accident claim: Law Reform ( Miscellaneous Provisions) Act 1934 ( LR( MP) A 1934) allows the deceased’s estate to bring claims for: pain and suffering in the period between injury and death (see ‘ Pain, suffering and loss of amenity ( PSLA) pre-death’) any financial loss the deceased incurred from the accident date up to death funeral expenses, where these were paid by the estate Fatal Accidents Act 1976 ( FAA 1976), as amended, enables dependants to claim for: their losses, including: ...
This Practice Note explores liability for collisions arising from animals wandering onto highways. It sets out the core principles of negligence that usually determine such claims and points to scenarios where the Animals Act 1971 ( AA 1971) could be engaged in certain circumstances. The guidance supports practitioners in thoroughly assessing ownership, control arrangements and foreseeability, all of which are central when advising effectively on liability and evidential needs. Issues to consider The majority of matters involving animals entering the highway are generally resolved under negligence. A cause of action might also be advanced in public nuisance, but this seldom adds meaningfully to a negligence claim. This is because, to constitute a public nuisance, the defendant must have performed an act or omission that enables the animals to stray onto the highway in the first place. Some claims have also succeeded under the AA 1971. Anyone...
Gross to net income conversion This Practice Note directs you to tables for converting gross to net income. Hosted within Butterworths Personal Injury Litigation Service, the resources span the following: General tables: Butterworths Personal Injury Litigation Service [321] 2000/01 [322] 2001/02 [323] 2002/03 [324] 2003/04 [325] 2004/05 [326] 2005/06 [327] 2006/07 [328] 2007/08 [329] 2008/09 [330] 2009/10 [331] 2010/11 [332] 2011/12 [333] 2012/13 [334] 2013/14 [335] 2014/15 [336] 2015/16 [337] 2016/17 [338] 2017/18 [339] 2018/19 [340] 2019/20 [340A] 2020/21 [341] 2021/22 [342] 2022/23 [343] 2023/24 [344] 2024/25 [345] 2025/26 [346]–[360]......
NOTE : On 2 December 2024, the Lord Chancellor confirmed that the discount rate would move to positive 0.5%. That positive 0.5% rate applies from 11 January 2025. Under Schedule A1 to the Damages Act 1996, introduced by section 10 of the Civil Liability Act 2018, later reviews must take place within five years of the end of the previous review, so the next review has to start on or before 2 December 2029. Claims for future loss of earnings include a range of features that make them more complex than other categories of future loss. See also the Practice Note: Past loss of earnings. First, even a straightforward loss of earnings claim involves applying extra factors to the multiplier to enhance accuracy. Second, particular complications may arise, for example where: a residual earning capacity remains the claimant had a realistic prospect of...
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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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