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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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This Practice Note explains what interim rent means, when and how an interim rent application can be made under the Landlord and Tenant Act 1954 ( LTA 1954), the ways of calculating interim rent, and the impact on an interim rent application if lease renewal proceedings are discontinued... What is interim rent? Interim rent is the sum which, under LTA 1954, s 24A, a tenant must pay while its tenancy is continued under LTA 1954, s 24. For the conditions that must be met for a business tenancy to continue under s 24, see Practice Note: LTA 1954 business lease renewal—termination... Note there is no entitlement to apply for interim rent where a tenancy is continued under: LTA 1954, s 28, arising from an agreement for the grant of a future tenancy, or LTA 1954, s 36(2), where, after revocation of an order...
The Civil Procedure Rules ( CPR) relevant to interim remedies were amended with effect from 6 April 2025. From that date, CPR 25 was replaced in its entirety, and Practice Directions 25A and 25B were revoked. The standard forms in Practice Direction 25A, Annex A and Annex B were also withdrawn on 6 April 2025, namely: draft freezing injunction draft search order draft imaging order Those templates have been superseded, with effect from 6 April 2025, by three model orders: Model Order for a Freezing Injunction Model Order for Proprietary and Freezing Injunctions Model for a Search and Imaging Order PDF versions of these model orders, each offering the option to open and edit the order in Word format, appear under ‘ Related Documents’ for this Practice Note. For further guidance, see Q& A: Where can I find information on the changes to Part 25 coming into force on 6 April 2025? as well...
This Practice Note examines and summarises the position on interdict and interim interdict in Scotland. For guidance on: some other forms of relief in Scottish civil litigation, see the Practice Notes titled Retention and rescission in Scottish civil litigation, and Specific implement and interim specific implement in Scottish civil litigation the nearest equivalent procedures in England and Wales, see: Interim and final injunctions—overview, Freezing injunctions—overview, and Search and imaging orders—overview, which, as well as setting out overviews of these different forms of injunction, link through to more detailed guidance on diverse aspects of such injunctions in England and Wales Key: CCA 1981— Contempt of Court Act 1981 CSA 1988— Court of Session Act 1988 CR( S) A 2014— Courts Reform ( Scotland) Act 2014 RCS— Rules of the Court of Session 1994 SCCR— Act of Sederunt ( Sheriff Court Caveat Rules) 2006, SSI 2006/198 SC( S) A 1907— Sheriff Courts (...
This Practice Note explores the position concerning the diligence of inhibition in Scotland. For direction on: other types of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a range of diligences available in Scotland the counterpart in England and Wales, see: Introduction to enforcement—overview which, as well as providing an overview of this area, links to more detailed guidance on various aspects of domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, in addition to offering an overview of this topic, links to more detailed guidance on multiple aspects of cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, culminating in the Bankruptcy and Diligence ( Scotland) Act 2024, which...
This Practice Note provides an overview of individual voluntary arrangements ( IVAs) and how they affect legal proceedings from a dispute resolution standpoint. What is an IVA? An IVA is a contract made between an individual and their creditors (and potentially involving third parties) to compromise that person’s debts, or to implement a scheme for managing their affairs, under the Insolvency Act 1986 ( IA 1986). The precise form and terms of any composition or scheme are determined by the debtor and the creditors, assisted by an insolvency practitioner—called the nominee before approval of the IVA, and the supervisor afterwards. IVAs are put forward when an individual faces financial difficulty, and may often follow the presentation—or the threatened presentation—of a bankruptcy petition, or be advanced to head off a threatened petition. The usual objective of an IVA is the discharge of...
As from completion, an incoming landlord is: for an ‘old’ tenancy (ie usually granted before 1 January 1996): obliged to comply with all landlord covenants that have “reference to the subject matter” of the lease; and for a ‘new’ tenancy (ie generally granted on or after 1 January 1996): bound by all landlord covenants save for those that: did not bind the seller immediately before the assignment are stated to be personal to another person, or are unenforceable for want of registration under the Land Registration Act 2002 or the Land Charges Act 1972 An incoming landlord is not directly liable for breaches of landlord covenants occurring before completion. For old tenancies this position arises from case law. For new...
ARCHIVED Where a tenant remains in occupation following the expiry of an earlier tenancy that lacks security of tenure, it is a live question whether the circumstances (including rent being paid) evidence an agreement to enter into a fresh periodic tenancy or indicate a lesser, interim arrangement, namely a tenancy at will. As a general rule, where one party permits another to take possession of land and accepts rent, then, in the absence of any other relevant factor, the sensible and reasonable inference is that the parties intended to create a periodic tenancy. Nevertheless, the courts have repeatedly concluded that this presumption of a fresh periodic tenancy is rebutted where the occupier goes into possession, or holds over, whilst the terms of a new contracted-out lease are under negotiation; in those conditions the relationship has been treated as a tenancy at will. The...
There are three different ways by which the creation of an easement can be implied at common law: necessity intended use the rule in Wheeldon v Burrows Be aware that easements may likewise also be implied by statute under section 62 of the Law of Property Act 1925 ( LPA 1925); for additional guidance, see Practice Note: Easements— LPA 1925, s 62 and permissions. An implied grant at common law stems from an express disposal of either the servient or the dominant tenement (or a contemporaneous disposition of both). Such implications only arise where the dominant and servient tenements were formerly held in common ownership. An implied easement can also arise on the grant of a lease in the same circumstances as on a transfer or conveyance; however, its duration is confined to the period for which the lease actually...
This Practice Note outlines the aims of the Protocol, effective from 13 January 2020, which concerns residential property located in Wales. It addresses the Protocol’s scope and the possible outcomes of non-compliance, the obligation on both sides to consider ADR, the required content of a tenant’s letter of claim and the landlord’s reply, the use and instruction of experts, costs, limitation, and the duty on tenants to permit reasonable access for inspection and remedial works. Before turning to the Protocol, a tenant should make sure the landlord already knows about the disrepair, as the Protocol is designed for situations that remain unresolved, despite the landlord being on notice of the defects and the need for repair. Scope The Protocol applies solely to residential property in Wales and covers claims by tenants and others (including lessees and members of the tenant’s family) arising from housing...
This Practice Note sets out the statutory right (subject to statutory qualifying criteria) of qualifying tenants of long leases of houses to obtain the freehold (individual enfranchisement), or to secure a 50-year extension of the house lease under the Leasehold Reform Act 1967 ( LRA 1967). It offers guidance on the qualifying criteria for premises and tenants, service of a tenant’s claim notice and the landlord’s notice in reply, applications to the First-tier Tribunal ( FTT) (or the Leasehold Valuation Tribunal ( LVT) in Wales) and County Court procedure, valuation and calculation of the purchase price, and completion of the acquisition. Houses—the right to enfranchise A tenant of a leasehold house and any attendant premises (such as a garden, garage, yard, etc) is entitled under the LRA 1967 to acquire: the freehold where all of the following are satisfied: the...
This Practice Note examines the interplay between the statutory moratorium in Schedule B1 to the Insolvency Act 1986 ( IA 1986), which stays most creditor or third-party steps against a company in administration, and a landlord’s ability to exercise its proprietary right of forfeiture under the company’s lease. For an outline of the moratorium that applies on administration, see Practice Note: The moratorium in administration. This Practice Note is concerned with obtaining relief from the moratorium so that a landlord may forfeit a lease; it does not cover other enforcement routes, eg commercial rent arrears recovery. For more detail, see Practice Note: Recovering rent arrears. Introduction to forfeiture Where a tenant does not pay rent under a lease, the landlord may seek to determine the lease either by applying to the court or by peaceable re-entry. Ordinarily, the landlord’s forfeiture powers arise from the lease, and a...
This Practice Note offers direction on the distinct rules governing the prescriptive period for obligations to pay damages (previously, to make reparation). It ought to be read alongside Practice Note: Prescription in Scotland. Read it in tandem with that note for context and alignment within the overall wider prescriptive framework in Scotland. For insight into the law of limitation in Scotland, consult Practice Note: Limitation of actions in Scotland, which likewise addresses the distinctions between limitation and prescription in Scots law. Key: PL( S) A 1973— Prescription and Limitation ( Scotland) Act 1973 P( S) A 2018— Prescription ( Scotland) Act 2018 PL( S) A 1973, s 11 concerns obligations to pay damages (irrespective of the obligation’s source). It applies to every action in contract or delict where damages are claimed. Until 28 February 2025, the section referred to obligations to ‘make...
ARCHIVED: this archived Practice Note is not maintained and is provided solely for background. In addition, some links may no longer point to the provisions as they stood when the guidance in this Practice Note was issued. For information about prior and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Changes effective as of August 2011 New practice direction for 'privacy' injunctions— CPR PD 51F On 1 August 2011, CPR PD 51F came into force, introducing a pilot scheme to record data on the number and categories of non-disclosure injunctions—often termed ‘privacy’ and ‘super’ injunctions—moving through the courts. The data to be recorded, using a prescribed form completed by the judge hearing the application, covers: the claim/application number; whether the hearing was for an interim injunction, an application to extend/vary one, a final injunction, or an appeal against the...
ARCHIVED: This Practice Note is archived, is not updated, and is provided solely for background reference. In addition, certain links may no longer point to the provisions as they stood when the guidance was issued. For details of earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Contents New costs rules and practice directions Transitional provisions for funding agreements Reform of conditional fee agreements Ban on referral fees Reform of After the Event insurance Damages based agreements Increased sanctions under Part 36 Non-pecuniary general damages—10% increase Proportionality Payments on account Qualified one way costs shifting Costs management Case management Disclosure Witnesses of fact Expert evidence Appeals New costs rules and practice directions A comprehensive reassessment of the costs rules and practice...
ARCHIVED: this Practice Note is no longer updated and is supplied for background only and should be treated. In addition, some links may not lead to the provisions as they stood when the guidance in this Practice Note was issued. For details on earlier and/or later changes to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. In force on 17 June 2016— Part 8 claims and evidence These revisions were announced by the Ministry of Justice only on 12 July 2016, yet they apply retrospectively with effect back to the relevant date. CPR PD 8A— Alternative Procedure for Claims CPR PD 8A, paras 17.1 and 17A.1 are to be revised to reflect applications by the Electoral Commission under para 17 of Schedule 3 to the European Union Referendum Act 2015 and the European Union Referendum ( Conduct) Regulations 2016, together with related...
ARCHIVED: This archived Practice Note is not kept up to date and is supplied for background reference only. In addition, some links may not lead to the provisions as they stood on the date this guidance was issued. For details on earlier and/or later amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. The amendments listed below will be made to the CPR on the dates indicated. They are set out in the Civil Procedure ( Amendment) Rules 2017, SI 2017/95, and in the Making Document for the 88th Update Practice Direction amendments. In force on 28 February 2017—costs in Aarhus Convention claims, judicial review and Admiralty claims Changes to CPR 45 and CPR PD 45—costs in relation to Aarhus Convention claims Section VII of CPR 45 is replaced by a new section to give effect to the Convention on Access to...
ARCHIVED This archived Practice Note is not maintained and is provided for background information purposes only. Furthermore, some links may no longer direct you to the provisions as they stood at the time this Practice Note’s guidance was published. For further information on previous and/or subsequent amendments to the CPR, see: CPR updates—overview and Procedure Rule Committee minutes—overview. Save where expressly indicated otherwise, the new CPR provisions come into force on Tuesday 1 October. To address these updates, we have already issued a summary of the changes to occur. See News Analyses: New CPR provisions for October 2013 and September and October 2013 CPR Practice Direction amendments. Costs—including revised Precedent H, fixed costs and provisional assessment of costs Revised Precedent H These reforms introduce a revised Precedent H ( CPR PD 3E). Note: this amendment came into force on 1 September 2013......
This Practice Note outlines the core principles for recovering damages arising from contractual breach. It addresses the compensatory purpose of damages; categories covering pecuniary and non-pecuniary loss; nominal damages; damages available under the Sale of Goods Act 1979 ( SGA 1979); the operation of default damages clauses; contractual mechanisms for remedying a breach; and the availability of interest. As stated by Baron Parke in Robinson v Harman, the party who suffers loss through breach should, in terms of damages, be placed in the position they would have occupied had the contract been performed... Compensatory function of damages for breach of contract The ordinary role of contractual damages mirrors that in tort: they are compensatory (see, for example, British Westinghouse v Underground Electric Rlys). The purpose is to make good the actual loss sustained by the innocent party and, so far as money can achieve it, to place them in...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. That Practice Note explains the nature of a periodic tenancy and the process and notice periods for ending such a tenancy. It also considers the effect of the Landlord and Tenant Act 1954 and distinguishes a periodic tenancy from a tenancy at will. What is a periodic tenancy? A periodic tenancy is a continuing letting that endures until a notice to quit is served. It may arise by express agreement or by implication. The period is usually determined by the interval by reference to which the rent is reserved, rather than when it is actually paid. For example, if the parties agree (or agreed under a previous fixed term lease) an annual rent of...
Securing necessary easements over third party land When land owned by others lies between a proposed scheme and the adopted road, developers will appreciate that a right of way must be obtained across that intervening land to reach the site itself and in order to access the development. Equally, easements for utilities and service infrastructure must not be forgotten or sidelined. Where an estate is disposed of in parts, the continued supply of essential services to the new development is dependent on the effective grant of easements across any land in third party ownership. The utility provider’s rights A network operator can elect either to take a private easement permitting the installation and upkeep of apparatus over neighbouring land, or alternatively to proceed under statutory powers (for instance, under the Water Industry Act 1991 or the Electricity Act 1989—see Practice Note: Statutory wayleaves and rights 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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