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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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Prepare the claim form The claimant completes the claim form ( Form N2), providing: the name of the deceased the name(s) of the claimant(s) the name(s) and address(es) of the defendant(s) a brief outline of the claim, including a statement describing the nature of the claimant’s interest and that of each defendant in the deceased’s estate the court fee whether the claim raises any issues under the Human Rights Act 1998 the particulars of claim set out or attached, or an indication that they will follow the statement of truth completed The statement of truth must be signed by the claimant, their litigation friend where the claimant is a child or a patient, or by the claimant’s legal representative. If the claim is for revocation of the grant, every person who is entitled, or who claims to be...
The inherent jurisdiction is the High Court’s power to issue declarations and orders to safeguard adults who retain capacity to make relevant choices yet are vulnerable and at risk due to the acts or omissions of others. It operates as a protective safety net. See Practice Note: Inherent jurisdiction of the High Court relating to vulnerable adults. Does the person qualify as a vulnerable adult? It is vital to determine whether the individual meets the definition of a vulnerable adult for the purposes of the inherent jurisdiction. As Munby J stated in Re SA, the court may act in relation to a vulnerable adult who, although not incapacitated by mental disorder or mental illness, is, or is reasonably believed to be, under constraint, subject to coercion or undue influence, or otherwise deprived of the capacity to make the relevant decision, or hindered from giving or...
ARCHIVED: This Practice Note is archived and not maintained This Practice Note covers the Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025. Kept for historical interest, it traces the legislation’s journey from draft release, through Parliament, to enactment. It also summarises the principal provisions and signposts key milestones and documents, including any published amendments, relevant to its progress. The tracker is divided into: Progress of FA 2025 FA 2025—measure by measure For overviews of the draft Finance Bill 2025, see News Analysis: Legislation Day: Draft Finance Bill 2025— Tax analysis and News Analysis: Publication of Finance Bill 2025. For details of measures announced in the Autumn Budget 2024 on 30 October 2024, see News Analysis: Autumn Budget 2024— Tax analysis. For comprehensive monitoring of the consultations referenced, see: Tax—consultation and legislation...
Facts Sharon and Lee have been married for 30 years and are parents to two children. At 75, Lee is facing mobility challenges, and it has been determined that his needs are best met in a nursing home, as Sharon is unable to look after him at home. They own their property as joint tenants with no mortgage. Their savings total £60,000 in Lee's name and £30,000 in Sharon's. Lee has a net annuity of £25,000 per annum, while Sharon's net annuity amounts to £10,000 per annum. Both receive the state pension: Lee is paid £184.90 per week (annually £9614.80) and Sharon gets £82.40 weekly (annually £4,284.80). Lee's pensions are paid into their joint account and used to cover the household bills......
ARCHIVED: This Practice Note has been archived and is not maintained. This note provides details on the Finance Act 2024 ( FA 2024) and the Finance ( No 2) Act 2024 ( F( No 2) A 2024), which obtained Royal Assent on 22 February 2024 and 24 May 2024, respectively. It is kept for historical interest, mapping both measures from draft release through their Parliamentary passage to enactment, summarising core provisions, and signposting significant milestones and documents—including any published amendments—relevant to their progression. The tracker is organised into three parts: Progress of FA 2024 and F( No 2) A 2024 FA 2024—measure by measure F( No 2) A 2024—measure by measure For an overview of the provisions in the draft Finance Bill 2024 ( FB 2024—also referred to as Finance Bill 2023–24 and Autumn Finance Bill 2023 ( AFB 2023)), which was enacted as FA 2024, see...
Facts Kevin (69) and Amelia (60) have been married for three decades. This is Kevin’s second marriage; he has two adult children, Barbara and Tom, from a first marriage that ended acrimoniously. Barbara and Tom put up with their step-mother but have never truly liked her, as she and Kevin were friends before his split from their mother. Amelia is very fond of her step-grandchildren. Together, Kevin and Amelia run a thriving property investment business, and the bulk of their wealth has been created during the marriage. Although Amelia’s contribution has been equal—some would say greater—most assets sit in Kevin’s name. Over the years, he has often told Amelia that half of everything he owns is hers. In 2010, they agreed that whoever died first would leave their estate to the other, and that the survivor would then leave their estate to Barbara and Tom,...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which obtained Royal Assent on 20 March 2025, puts in place legislation scrapping the remittance basis of taxation and instituting a residence-based system that starts to apply from 6 April 2025. FA 2025 also displaces domicile as the key criterion used when assessing inheritance tax liability. Additional reforms include amendment of the rules determining excluded property status, the removal of protected settlements status for offshore trusts, and changes to overseas workday relief, among other related updates as well. For details, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. The entries in this tracker summarise...
What is the Trust Registration Service? The Trust Registration Service ( TRS) was brought in by HMRC in 2017 to give effect to the EU Fourth Money Laundering Directive, and at the outset it applied solely to taxable trusts that were required to register. Where a trust created a UK tax outcome, trustees had to register, supply specified details about beneficial ownership and retain certain records. These requirements have since widened to include all express trusts, irrespective of any UK tax position. An express trust must be registered unless it falls within an excluded category listed in Schedule 3A of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLR 2017). The principal legislation in this area is: EU Fourth Anti Money Laundering Directive ( EU) 2015/849 Money Laundering, Terrorist Financing and...
ARCHIVED: This Practice Note is archived and no longer maintained. It covers the Finance Act 2023 ( FA 2023) and the Finance ( No 2) Act 2023 ( F( No 2) A 2023), which obtained Royal Assent on 10 January 2023 and 11 July 2023, respectively. Kept for historic interest, it traces the progress of both pieces of legislation from draft publication, through Parliament, to enactment, sets out key provisions, and flags significant events and documents, including published amendments relevant to their passage. The tracker is divided into three parts: Progress of FA 2023 and F( No 2) A 2023 FA 2023—measure by measure F( No 2) A 2023—measure by measure Progress of FA 2023 and F( No 2) A 2023 For an overview of the provisions in draft Autumn Finance Bill 2022 ( AFB 2022), which was enacted as Finance Act 2023, see News Analysis:...
STOP PRESS : The 149th Update— Practice Direction Amendments includes a modification to Practice Direction 57— Probate from 1 October 2022 as follows: From 1 October 2022, the 149th Update— Practice Direction Amendments revises Practice Direction 57— Probate. In the Annex, a sentence is added immediately after ‘ I believe that the facts stated in this witness statement are true.’ It confirms that contempt of court proceedings can be commenced against any person who makes, or procures the making of, a false statement in a document verified by a statement of truth without an honest belief in its accuracy. This mirrors the 6 April 2020 revision to the statement of truth verifying a witness statement—see CPR PD 22 and Practice Note: Drafting witness statements—formalities and dealing with problematic witnesses— Statement of truth (available subject to...
What is settled land? Strict settlements 1925 ushered in a radical shift in the rules governing land ownership and the mechanics of transferring that ownership, namely conveyancing. In particular, the widespread habit of establishing successive interests in land was overhauled. The Settled Land Act 1925 ( SLA 1925) superseded the Settled Land Acts 1882 to 1890, carrying forward most, though not every, element of those statutes. In this setting, the doctrine of successive interests had produced the rather peculiar (to modern thinking) arrangement whereby two or more individuals held proprietary rights in the same land, yet only one enjoyed an immediate right to possess it. Put simply, one person held a life estate, with others acquiring a like entitlement only when the earlier life interest ended on death. The consequence was that land might be restrained for generation after generation. This was...
These do not fall within the probate proceedings defined by CPR 57, yet personal representatives may still be compelled to address and/or respond to them through the courts. Will contracts Wills are, by their nature, revocable. Nonetheless, the revocability of a Will does not prevent a testator from binding themselves to its terms vis-à-vis a third party or parties. Once assets are committed under such an agreement, the personal representatives hold them as trustees to ensure performance. That bargain may, and commonly does, operate to the detriment of beneficiaries under the Will or on intestacy. As with any contract, however, there must be a binding commitment by the testator to dispose of their assets in a specified way. To establish a Will contract, two certainties are required: certainty of subject matter certainty of obligation If the agreement concerns real property and was made after 27 September 1989, it must also...
This Practice Note concerns the doctrine of fraudulent calumny in disputes contesting the validity of a Will. It deals with the following matters in particular: the test for fraudulent calumny whether the ‘purpose’ and ‘causation’ requirements must be satisfied to succeed with a claim procedure the particular challenges inherent in fraudulent calumny claims The test for fraudulent calumny What is fraudulent calumny, and how does it relate to other attacks on validity within this context? A Will is valid only if it satisfies the relevant formalities, the testator had testamentary capacity, understood and approved its contents, and it was not secured by undue influence or coercion. See: Probate actions (probate claims)—overview for further context. In appropriate circumstances, it may likewise be alleged that the provisions of the Will resulted from ‘fraudulent calumny’—that is, that one beneficiary deceitfully poisoned the...
Solicitors Regulation Authority The Solicitors Regulation Authority ( SRA), the independent regulator of the Law Society of England and Wales, offers guidance, information and support to help solicitors meet professional standards. Its contact centre responds to enquiries, and further details, including telephone, email and postal contact points, are available on the SRA website. The SRA Standards and Regulations took effect on 25 November 2019, replacing the SRA Handbook. A professional ethics helpline, staffed by trained advisers, gives guidance on the Standards and Regulations: telephone 0370 606 2577. Solicitors can also write to or email the Professional Ethics guidance team for advice. The SRA Update e-newsletter shares the latest news about the SRA’s work. The Practice Standards Unit oversees compliance, delivers talks to groups or firms, and may decide to offer more direct support by visiting a firm to assist with...
This Practice Note explains when a beneficiary may bring a negligence claim against a professional Will drafter and offers guidance on how to lessen the likelihood of such a claim arising. For fuller coverage of professional negligence claims and client care and management, consult Lexis+® UK (subscription required). Duties owed to beneficiaries by professionals drafting Wills As a general principle, solicitors owe no duty in tort to third parties who are not their clients, though there are rare situations in which the solicitor will be taken to have assumed a duty of care to someone else. One recognised exception is where a solicitor prepares a Will intended to benefit a particular, identified third party. In White v Jones, the House of Lords held that such a duty did exist. The justification for imposing a duty to beneficiaries was described by Lord Goff along these lines: unless such a...
When the doctrines of ademption and abatement are engaged, a line is drawn between specific, general, and demonstrative legacies. Classification of legacies The categories were set out in Walford v Walford in these terms: legacies fall into three groups. As the court there expressed it, and that description is adopted. The explanation distinguishes the nature of each gift without altering their substantive effect under the Will and on administration. A specific legacy is a particular res secured to the beneficiary by the testator’s Will at death; it does not abate even if the remaining estate cannot satisfy general legacies; however, it carries the drawback that, should the precise res which forms the subject of the gift cease to exist in the interim, the legatee receives nothing. At the opposite end lies the general legacy, payable from the residue; this abates if the residue is...
Many Wills are relatively straightforward, often providing, for instance, that after debts are settled the estate is left outright to a spouse or to children, sometimes with additional specific legacies. In cases like these, no ongoing trust remains once the estate has been administered, so there is usually little justification for conferring powers on trustees beyond those conferred by the Trustee Act 2000 ( Tr A 2000) and other statutes (although it is not always possible to know in advance whether a trust will arise). At times, however, a continuing trust is the better fit, such as where beneficiaries are under age. A familiar Will trust pattern is a primary gift to the surviving spouse, with the estate instead passing to surviving issue if the spouse fails to outlive the testator, either straightaway or once a specified age is reached. Where the...
Date of death Section 9 of the Wills Act 1837 ( WA 1837) established consistent rules for all wills. It stated that a will is valid only if it is in writing and executed as prescribed: it must be signed at the foot or end by the testator, or by another person in his presence and on his direction; the testator must make or acknowledge that signature before at least two witnesses who are present together, and those witnesses must attest and subscribe the will in the testator’s presence, with no specific form of attestation required. The requirements in WA 1837, s 9 were later revised and, from 1983, provide that no will is valid unless: it is in writing, and signed by the testator, or by another person in his presence and by his direction; it appears that, by his...
Format of a Will There is no mandatory template for a Will, yet long-standing practice has shaped a reliable structure. Though drafting styles vary, the usual sequence of clauses is broadly uniform, aiding comprehension, reducing the risk of omissions, and enabling consistent use of technology to produce Wills. opening and revocation declarations (domicile, funeral wishes, etc) appointment of executors and trustees appointment of guardians general legacies specific legacies and devises residuary gifts powers of executors and trustees attestation Not every clause appears in every case, but following this core pattern helps the draftsperson ensure that everything intended for the Will is included. Opening and revocation The first sentence identifies the testator by name and address, and all aliases should be recorded. However, this can create difficulties if the only name the testator commonly uses or is known by is supplemented......
This page brings together Private Client materials addressing EU law, notably Regulation ( EU) No 650/2012 (the EU Succession Regulation, also called Brussels IV), and the consequences of Brexit for private clients and their advisers. For broader guidance on EU law, see EU structure ( EU Law)—overview, EU legislative process ( EU Law)—overview, EU judicial system ( EU Law)—overview and EU rights and policies ( EU Law)—overview within the EU Law practice area. Principles of private international law (conflict of laws) govern how UK law and EU law interact. See Overview: Private client and private international law—overview. EU Succession Regulation and Will drafting Will drafting—application of the EU Succession Regulation Validity of Wills—foreign element Use of foreign Wills Where a testator holds assets in the UK and real property in France and wishes English law to apply to their...
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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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