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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 costs management? Costs management is the process by which the court directs both the steps to be taken and the parties’ expenditure to advance the overriding objective ( CPR 3.12(2)). It is implemented through costs budgeting and costs management orders ( CMOs), intended to secure proactive and proportionate control of costs. A CMO is a judicial order that regulates the costs to be incurred in litigation, aiming to keep them within the agreed or approved figures in a party’s approved costs budget and in line with proportionality principles. For further information on costs management and costs budgeting generally, see Practice Note: Costs management and costs budgeting—general principles. What are costs budgets? The following provides a high-level overview of completing a costs budget and the points to consider. For more detailed guidance (in addition to the outline below), see Practice Notes: Costs...
A party may apply to the court for a Norwich Pharmacal Order ( NPO), a judicial direction obliging a third party to disclose documents or information. The label originates from Norwich Pharmacal Co v Customs and Excise Commissioners. An NPO is usually granted where a legal wrong has been committed (or is reasonably suspected) and a third party, drawn into the wrongdoing (even innocently), is able to supply information or documentation necessary to identify or pursue the wrongdoer. Applications for an NPO are brought under CPR 31.18 and, although CPR 46.1 (pre-commencement disclosure and orders for disclosure against a person who is not a party) does not directly apply to these applications, the courts have drawn comparisons between the two regimes. For further information on NPOs in general, together with making an application for an NPO, see Practice Notes: Norwich Pharmacal orders ( NPOs) and...
This Practice Note on commencing a debt claim outlines the matters to consider both before and after issuing a straightforward contractual debt action, including the correct jurisdiction, limitation, alternative dispute resolution ( ADR) and insolvency options, pre-action obligations, assignment of debts, and when, where and how to issue and serve proceedings. For an explanation of what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims. Further guidance on debt claims includes: Practice Note: Discharging a contractual debt Starting a contractual debt claim—checklist (covering, in summary, issues such as the nature of the claim, the contracting parties, the debtor’s assets, the debt’s value, and what the client aims to achieve through litigation, with links to related content) For broader guidance on starting claims, see: Starting a claim or...
This Practice Note considers the opposition to a security for costs application on the basis that it would stifle the ability of the claimant to pursue their claim against the defendant. This Practice Note is prepared on the footing that the defendant has brought the security for costs application. It should be read so that the same principles apply, with suitable adjustments, in other procedural settings as outlined below: For a counterclaim, the defendant to the counterclaim (that is, the claimant) may seek security for costs. For a Part 20 claim, a Part 20 defendant may apply for security against a Part 20 claimant. Accordingly, construe this Practice Note to fit those scenarios. Note that, on 6 April 2025, amendments to CPR 25 took effect, which renumbered the previous provisions and revised aspects of the wording dealing with security for costs. This...
This Practice Note explores the principal considerations when preparing a settlement agreement: correctly identifying the parties (including any relevant third parties), expressing obligations with clarity and sufficient compulsion (covering time is of the essence and endeavours provisions), drafting the release (the ‘full and final settlement’ estoppel), and incorporating appropriate boilerplate clauses and execution formalities. For guidance on making a settlement offer and deciding how to record it, see Practice Notes: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement Settling at a mediation For Precedent draft settlement agreements, see: Draft Settlement agreement—pre-action settlement Draft Settlement agreement—for settling disputes post-commencement of proceedings For guidance on disputes arising from a settlement agreement, see Practice Note: Resolving disputes concerning settlement agreements. Key requirements—drafting the settlement contract As with any contract, attention should be given to these core...
This Practice Note provides direction on running an appeal in the County Court and the High Court under CPR 52. It offers guidance on the provisions in CPR PD 52B. It examines the court’s case management powers, including the possibility of determining an appeal when the respondent does not attend. It also addresses how applications during an appeal may be resolved—covering any ability to seek a hearing, or to have an order varied or set aside—together with requirements for skeleton arguments, the appellant’s papers, the respondent’s supplementary appeal bundle, and the dismissal of applications or appeals by consent. Scope of this Practice Note This Practice Note explains the provisions in CPR PD 52B, which governs appeals in the County Court and High Court, and operates alongside CPR 52 and the other Practice Directions under Part 52. General rules on appeals appear in CPR PD 52A....
This Practice Note addresses the causation issues that frequently arise in hand-arm vibration syndrome ( HAVS) claims, also known as vibration white finger ( VWF). This Practice Note will refer to HAVS. It provides practical guidance on handling such claims, including a survey of the leading case law on causation, the difficulties around diagnosis, the value of photographic evidence and the claimant’s account of symptoms, apportionment of liability, and the overlap with carpal tunnel syndrome ( CTS). For guidance on liability and quantum, including the significance of the defendant’s date of knowledge of the risk and limitation considerations, see Practice Note: Hand-arm vibration syndrome ( HAVS) or vibration white finger ( VWF)—liability and quantum. Diagnosis Causation is challenging because there is no definitive diagnostic protocol, and methodologies vary considerably between experts. The position is further complicated by the fact that individuals may exhibit similar...
This Practice Note deals with civil appeals to the UK Supreme Court ( UKSC). It explains the requirement to obtain permission to appeal and the process for doing so, whether the challenge is brought direct from the High Court by leapfrog, or from the Civil Division of the Court of Appeal. It addresses the deadlines for making an application (including seeking extra time) and how permission decisions are made (including situations where a reference is to be put to the Court of Justice of the European Union ( CJEU)). Within this Practice Note, ‘ SCR’ is used for the Supreme Court Rules 2024, SI 2024/949. The relevant Practice Direction is SCR PD 3— Applications for permission to appeal. For provisions on particular appeals and references—covering Human Rights Act 1998 matters, devolution issues, references to the Court of Justice, references on assimilated law and patent...
Appeals filed before 2 December 2024 This Practice Note is confined only to: appeals to the Supreme Court that were already underway before 2 December 2024; and applications for permission to appeal, and notices of appeal, lodged before 2 December 2024, unless the court or the Registrar orders that the SCR is to apply ( SCR 62). Appeals lodged prior to 2 December 2024 are governed by the Supreme Court Rules 2009 (now revoked) and the Practice Directions as they previously stood up to that date. Any references in this Practice Note to those Rules and Practice Directions appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of the Rules and Practice Directions can be found here: There still remains a dedicated section for these former, older rules on the Supreme Court website. Appeals filed on or after 2 December...
This Practice Note sets out guidance on the conduct of appeal hearings and on the Supreme Court’s judgments and orders. For information on listing, see Practice Note: Supreme Court—starting and preparation for the appeal—on or after 2 December 2024— Listing of the appeal. In this Practice Note, references to the Supreme Court Rules 2024 are shortened to ' SCR'. Appeals before 2 December 2024 This Practice Note governs appeals to the Supreme Court where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the date on which the SCR took effect ( SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). Nevertheless, the old SCR continue to govern: appeals that were already on foot before 2 December 2024 ...
This tracker provides a summary of the applicable legislation and guidance, and case law on the issue of out-of-court appointments of administrators and e-filing This resource distils the relevant law, guidance and authorities concerning out-of-court administrator appointments and e‑filing. Reported decisions are grouped by the route used for the proposed appointment: directors under IA 1986, Sch B1, para 22 a qualifying floating charge-holder ( QFCH) under IA 1986, Sch B1, para 14 Many issues in the cases below were addressed by the Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction 2021 ( MIPD 2021), which applies after 30 September 2021. MIPD 2021 remains operative unless amended or revoked and offers an indefinite answer to conflicting authorities on the timing of administration appointments using the CE file. From 1 October 2025, CPR PD 5C ( CE‑ File electronic filing and case...
This Practice Note This Practice Note examines how the courts approach specific disclosure under CPR 31.12, together with considerations under article 6(1) and article 8 of the European Convention on Human Rights ( ECHR). It sets out the principles applied (including in procurement matters) and addresses: confidentiality; enhanced disclosure or train of enquiry material; documents cited in statements of case and witness statements; and compliance with an order for specific disclosure and/or specific inspection. The interaction with applications for further information under CPR 18 is also considered. Finally, it provides practical tips on specific disclosure. This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your case is proceeding, you may also wish to follow additional court-specific guidance noted below. The Practice Note considers the courts’ approach to specific disclosure under CPR 31.12 and should be read...
Practice Note This Practice Note reviews the range of administrative tasks and post-trial steps that arise once a civil trial concludes. These include managing documents produced during the proceedings, appealing the final outcome, exploring settlement discussions, rectifying errors in the judgment, making consequential orders, recovering costs, considering funding, seeking interim relief, and enforcing the judgment where there is non-compliance. It offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which the matter is heard, additional requirements may apply—see: Court specific guidance. Post-trial issues Following conclusion of a civil trial, legal practitioners must attend to several administrative matters, including: Court bundles and counsel briefs—paper bundles will usually need to be collected from the court and from chambers, although the court may sometimes retain a set; confirm the position with the court in question Cancelling services—if the trial finishes earlier than...
This Practice Note reviews particular evidential needs backing an application to be decided without a hearing. Evidence requirements The table provides links to example witness statements for the topics itemised. Topic Practice Notes Precedents and commentary Contesting jurisdiction Contesting the court’s jurisdiction—core principles Contesting the court’s jurisdiction—has any party submitted to a jurisdiction?......
Note From 1 January 2026, the Commercial Court and the London Commercial Court are running a pilot under CPR PD 51ZH. By default, specified materials used in public hearings—such as witness statements and skeleton arguments—will be accessible to the public. Practitioners issuing applications in these courts should acquaint themselves with the pilot and take suitable measures to safeguard clients when drafting any impacted documents. For further direction, see Practice Note: Non-party access to court documents and information in civil proceedings. This Practice Note explains how to complete an application notice using form N244( CC) for proceedings in the Commercial Court. For broader guidance on applications, refer to the following Practice Notes: How to make an application for a court order ( CPR 23) Making an application in the Commercial Courts Form N244( CC) In civil proceedings, applications are ordinarily made by...
Civil claims are seldom heard by a jury. The statutory scheme for jury trial in civil proceedings appears in section 69 of the Senior Courts Act 1981 ( SCA 1981) for High Court matters and section 66(1) of the County Courts Act 1984 ( CCA 1984) for County Court matters. Under this regime, jury trial in civil cases is generally confined to disputes raising an allegation of fraud or to claims for malicious prosecution or false imprisonment. Nevertheless, even within those classes, the court may refuse a jury where specified statutory exceptions are engaged. This Practice Note examines when a civil claim (other than defamation) may proceed before a jury in the High Court or County Court. For guidance on defamation and jury trial in that setting, see Practice Note: Defamation. It remains an exceptional mode of trial in civil claims even to this...
Background The Intellectual Property Enterprise Court ( IPEC) sits within the general Intellectual Property List ( Chancery Division) and is designed to enable small and medium-sized enterprises ( SMEs) to obtain justice in IP disputes where they might otherwise be unable to bring or resist a claim. It also offers a venue for lower-value IP cases to be resolved with costs kept in proportion. The Intellectual Property List comprises two sub-lists: the Patents Court and the IPEC, and forms part of the Business and Property Courts of the High Court, which were established on 2 October 2017. For further details about the Business and Property Courts, see Practice Note: Business and Property Courts, and for commentary on how their launch affects IP matters, see News Analysis: Framework of Business and Property Courts sets ‘solid groundwork for success’. A central feature is the cap on...
This Practice Note explores what a budget discussion ( BD) report is, when one is required, and the suggested template it should follow ( Precedent R). It also offers direction on completing Precedent R and highlights possible complications in cases involving multiple parties. A set of frequently asked questions ( FAQs), with answers, is included on BD reports and likely issues... What are costs budget discussion ( BD) reports? Under the costs management regime, brought in as part of the Jackson Reforms, parties must co-operate and attempt to agree each other’s costs budget. If agreement is reached, the court records it in the costs management order ( CMO) ( CPR 3.15(2)(a) and CPR 3.15(2)(c)). Where agreement is not achieved, the court reviews the items in dispute and makes any amendments it considers appropriate before approving the budget. For further detail, see Practice Notes: Costs...
This Practice Note outlines the general principles the court applies to applications for summary judgment under CPR 24. It signposts the two-stage test in CPR 24.3, clarifies the notions of ‘real prospect of success’ and ‘compelling reason for trial’, and identifies Easyair v Opal Telecom as the leading authority. It also describes the practical judicial approach to such applications, including the burden of proof, handling factual disputes, and points of law... Amendments to CPR Part 24 and CPR PD 24—1 October 2023 From 1 October 2023, the CPR provisions relevant to summary judgment were amended: CPR Part 24 was substituted and CPR PD 24 revoked. The intention was to streamline the rules without materially changing the substantive law or practice. The numbering and placement of certain provisions have moved. As a result, authorities issued before 1 October 2023 may refer to the former text and...
Any claim arising from a fatality may proceed under one or both of the following: the Law Reform ( Miscellaneous Provisions) Act 1934 ( LR( MP) A 1934), which permits the deceased’s estate to bring an action the Fatal Accidents Act 1976 ( FAA 1976), which enables dependants, within defined categories, to claim for loss of dependency LR( MP) A 1934—pain, suffering and loss of amenity ( PSLA) The estate may claim for the pain, suffering and loss of amenity experienced by the deceased before death. In brief: Pain and suffering turns on the deceased’s subjective awareness of injury It can include the deceased’s recognition of a reduced life expectancy Loss of amenity is not contingent on awareness of injury Factors to consider when assessing PSLA include: the intensity of pain and suffering level 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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