Featured documents
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
ARCHIVED: This Practice Note has been archived and is not maintained This note is retained only for reference. Except where a notice of appeal was lodged, or permission to appeal granted, before 1 October 2012, it serves purely historic purposes. For up-to-date guidance, consult the Practice Notes: Supreme Court—general provisions and considerations, and Supreme Court—permission to appeal. Any rules and practice directions mentioned here connect to the provisions currently in force, not those predating 1 October 2012. For the pre- October 2012 regime, see the attached PDFs: CPR 52 (old) CPR PD 52 (old) The Supreme Court of the United Kingdom was created by Part 3 of the Constitutional Reform Act 2005, taking on the judicial role formerly exercised by the House of Lords. The Supreme Court Rules ( SCR) govern civil and criminal appeals to the Court and references under its...
Appeals on or after 2 December 2024 This Practice Note applies to Supreme Court appeals where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the date the Supreme Court Rules ( SCR) took effect ( SCR 1). Appeals before 2 December 2024 The SCR 2009 (referred to in this Practice Note as the ‘old SCR’) are revoked on 2 December 2024 ( SCR 62(2)). However, the old SCR still govern: appeals that were already proceeding before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024 notices of appeal under rule 19 of the old SCR (filing of notice where permission not required) filed before 2 December 2024 ( SCR...
Appeals filed before 2 December 2024 This Practice Note relates solely to: appeals to the Supreme Court that were already under way before 2 December 2024, and applications seeking permission to appeal, and notices of appeal, lodged before 2 December 2024 unless the court or the Registrar directs that the Supreme Court Rules 2024 ( SCR) shall apply ( SCR 62). Appeals submitted before 2 December 2024 are governed by the Supreme Court Rules 2009 (revoked) and the Practice Directions as they stood up to that date. References in this Practice Note to those Rules and Practice Directions appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: Appeals filed on or after 2 December 2024 Cases not falling within the categories above (or where the court or Registrar has directed that the SCR will...
This Practice Note outlines the documents required for an appeal hearing and should be read alongside: Practice Note: Supreme Court—the portal, filing and service—on or after 2 December 2024... Appeals before 2 December 2024 This Practice Note applies to Supreme Court appeals where the application for permission to appeal, or the notice of appeal, was lodged on or after 2 December 2024, the date on which the SCR came into force ( SCR 1). On that date, the SCR 2009 (called in this Practice Note the ‘old SCR’) are revoked ( SCR 62(2)). However, the old SCR continue to apply to: appeals that were already in progress before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2 December 2024 notices of appeal under rule 19 of the old SCR...
This Practice Note should be read alongside the following Practice Notes: Supreme Court—role, structure and powers—on or after 2 December 2024 Supreme Court—permission to appeal—on or after 2 December 2024 Supreme Court—the portal, filing and service—on or after 2 December 2024 Appeals before 2 December 2024 This Practice Note relates to appeals to the Supreme Court where either an application for permission to appeal or a notice of appeal was lodged on or after 2 December 2024, the date the SCR took effect ( SCR 1). On that date, the SCR 2009 (described here as the ‘old SCR’) were revoked ( SCR 62(2)). Nevertheless, the old SCR continue to govern: appeals that were already in progress before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) lodged before 2...
Appeals filed before 2 December 2024 This Practice Note is limited to: appeals to the Supreme Court that were already ongoing prior to 2 December 2024; and applications seeking permission to appeal and notices of appeal lodged before 2 December 2024, unless the court or the Registrar orders that the SCR should govern ( SCR 62). Appeals lodged before 2 December 2024 fall under the Supreme Court Rules 2009 (now revoked) and the accompanying Practice Directions, as they stood up to that date. Within this Practice Note, references to those instruments appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions can be found here: Appeals filed on or after 2 December 2024 Matters outside the categories listed above (or where the court or Registrar has determined that the SCR applies) are governed by the SCR and the related Practice...
This Practice Note outlines how to initiate and manage an appeal in the Supreme Court ( UKSC) where no permission to appeal is required. It explains the Notice of Appeal, detailing what must be included, the required format, and the processes for filing and service. It further covers the notice of intention to proceed after permission has been granted, together with the respondent’s acknowledgement of a notice of appeal or notice of intention to proceed. It also addresses the documents for the appeal hearing, including the agreed statement of relevant facts and issues and any appendix, as well as arranging the date for the substantive hearing. Finally, it prescribes the rules governing the form, content, filing and service of the appellants’ and respondents’ cases for the appeal hearing. Appeals filed before 2 December 2024 This Practice Note applies only to: appeals to the Supreme Court which were...
This Practice Note uses the term UK Rome II throughout. The regulation governs choice of law for matters in which the tortious harmful event took place on or after 1 January 2021. It was previously labelled Retained Rome II, but from 1 January 2024 it has been styled Assimilated Rome II—the alteration is in the title alone; the substance of the regulation is entirely unchanged. Judicial decisions may still cite it by either designation. For convenience, this Practice Note refers to the instrument as UK Rome II throughout. For details on assimilated law, consult Practice Note: Assimilated law. What are the rules governing applicable law from 1 January 2021? Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations ( Rome II) was an EU regulation brought into effect and applied in English law, in relation to harmful events occurring on or after 11...
NOTE : This Practice Note relates to UK Rome II. The regulation applies when identifying the law governing cases where the harmful event amounting to a tort occurred on or after 1 January 2021. Formerly called Retained Rome II, from 1 January 2024 it has been retitled Assimilated Rome II—the alteration is in name alone; the regulation’s provisions are unchanged. Authorities may use either designation and, for convenience, this Practice Note refers to it as UK Rome II. For further detail on assimilated law, see Practice Note: Assimilated law. This Practice Note outlines the legal framework and the procedure by which a victim brings a claim following a road traffic accident that happens in the UK but is caused by the driver of a foreign-registered vehicle. It is highly probable that insurance cover for that vehicle will have been provided by a foreign...
The Conventions Two Conventions set out the rules governing the liability of air carriers for loss, injury and damage suffered in the course of, or arising from, international carriage by air. The shared objective of these Conventions is to harmonise the law on such issues. Warsaw Convention The earliest of these was the Warsaw Convention, signed in 1929 and brought into effect in 1933. It was later revised at The Hague in 1955 through adoption of the Hague Protocol, and thereafter was referred to as the Warsaw Convention as amended at The Hague in 1955. From that point it was cited under the amended title. Its scope extended only to states that were signatories. Where one party had signed the Warsaw Convention and the other had adhered only to the Hague Protocol, there was no common foundation for international...
Although each litigation funding agreement ( LFA) and its related documents will differ according to the funder and the nuances of the matter being financed, there are key issues that must be addressed at the various stages of negotiation. This Practice Note is part of a series of concise Practice Notes by Tanya Lansky and Tets Ishikawa, Managing Directors of Lion Fish Group Ltd, intended to give those negotiating or evaluating LFAs and their accompanying documents a clearer understanding of the factors involved. Pricing structures In the formative period of litigation funding, funders’ returns were set as a percentage of the damages (percentage pricing). That mirrored how risk-taking US law firms run contingent matters and echoed early investors’ view of litigation investing as comparable to Series A venture capital, which often involves a percentage stake in a company. As the market expanded, funders...
This Practice Note provides links to the national life tables and to the projected life expectation tables. National life tables Produced annually for the UK and its constituent countries, national life tables present period expectation of life statistics......
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines the rules for deciding which court has jurisdiction for the span between the UK’s departure from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It considers whether the implementation period can be extended, whether the jurisdictional framework under the Brussels regime, including that set out in Regulation ( EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
As of 31 January 2020, the UK left the EU and the EEA. This Practice Note introduces: the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) framework (which applied within UK law up to the end of the Brexit implementation period—11 pm UK time on 31 December 2020—and continues to operate across the EEA; therefore, any references in this Practice Note to EEA or EU states should be read as also covering the UK until that period concluded) the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 ( UK GDPR) framework (which applies under UK law from the end of the Brexit implementation period) Where there is no need to draw a distinction, this Practice Note refers to both as ‘ GDPR’ for ease. When looking at the routine processing of personal data, the UK GDPR and the Data...
Brexit implementation period—considerations for PI & Clinical Negligence claims [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. It provides information and guidance on the implementation period and its impact on EU law and UK legislation derived from EU law. It explains retained EU law—what it entails and when it will take effect—and considers the weight of Court of Justice rulings for UK courts during the implementation period. For guidance on the implications of the implementation period ending, see Practice Note: What does IP completion day mean for PI & Clinical Negligence claims? [ Archived] Brexit timeline: For updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. Withdrawal Agreement 2020—implementation period: The Withdrawal Agreement 2020 between the UK and the EU is dated 24 January 2020 and is available here......
ARCHIVED : This Practice Note has been archived and is not maintained This Practice Note reviews the rules for identifying the applicable law, also described as governing law, as they operate between the UK’s exit from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It addresses whether the implementation period can be extended, whether the applicable law frameworks in Regulation ( EC) 593/2008, Rome I, and Regulation ( EC) 864/2007, Rome II, continue to apply during that period, and what is expected at its end. For a quick reference Brexit research aid answering key questions on Brexit and offering useful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
This Practice Note introduces the most common categories of tripping or slipping accidents and outlines where they typically occur: on a highway in a shop a claim arising from breach of the Occupiers’ Liability Acts at work It examines the various causes of action and offers guidance on identifying the proper defendant in a tripping or slipping claim. Highways The Highways Act 1980 is referred to as Hi A 1980. To determine the correct defendant and cause of action, the first step when pursuing a trip or slip claim is to establish where the accident occurred. At common law, a highway is a defined route over which every member of the public has the right to pass without hindrance. If the accident occurred on a highway, the claim can be classified as one of the following: an injury suffered on a highway caused by a failure to...
This guide sets out key principles for a witness when preparing a clear and credible witness statement that stands the best chance of not being weakened in cross‑examination. For this guidance, it is assumed the witness drafts their own statement, with input from the lawyer whose client is seeking the witness’s evidence to indicate the matters the statement should address. The purpose of a witness statement A witness statement, supplied to all other parties and the court well in advance of the start of a trial, usually serves as the evidence in chief that the witness would give if examined orally. It is therefore the written counterpart to the witness’s answers to non‑leading questions. This is a critical point for a witness to keep in mind throughout the drafting process. A witness statement is not: an exposition of the legal case or the defence to a claim that the...
ARCHIVED: NOTE: SAVE FOR WHERE A DEFENCE HAS BEEN RECEIVED BEFORE 1 APRIL 2013, THIS PRACTICE NOTE IS FOR HISTORICAL PURPOSES ONLY. For details on the position after 1 April 2013, see Practice Note: Case management—allocation—the different case management tracks. Changes since 1 April 2013 From 1 April 2013, allocation questionnaires were replaced by directions questionnaires where ‘a defence is received’ on or after that date. What remains uncertain is: whether ‘received’ means received by the court rather than by the other parties; and/or whether ‘a defence’ in multi-defendant cases brings the new rules into play if any defendant files on or after 1 April 2013, even where other defendants filed before then If you are now dealing with directions questionnaires instead of allocation questionnaires, see Practice Notes: Directions questionnaires and Case...
This Practice Note reviews the differing court (and court guide) requirements that apply when drafting and lodging Tomlin orders. For broader guidance on Tomlin orders, see Practice Note: Tomlin orders. For an example of a Tomlin order, see Precedent: Tomlin order. For guidance on compromise of claims, see: Settlement and settling disputes—overview. Varied court provisions for Tomlin orders As noted by Warby J in Zenith Logistics v Coury, practices are not uniform across courts regarding the sealing and/or approval of Tomlin orders that embody settlement terms. Zenith related to the Queen’s Bench Division (as it then was), and Warby J observed that, on the face of it, the approach of the Chancery Division differs from that of the Commercial Court when considering whether to inspect confidential agreements that parties intend to implement by a consent order in Tomlin form. The Commercial Court’s usual course appears to be to...
Popular documents
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 ]...
Discover more from LexisNexis
