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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 examines how supranational bodies—including the International Organisation of Securities Commissions ( IOSCO) (the international body that brings together the world’s securities regulators), the Financial Stability Board ( FSB) and the Basel Committee on Banking Supervision ( BCBS) (the primary global standard setter for the prudential regulation of banks)—approach the regulation of cryptoassets. It also outlines the meaning of cryptoassets and the distinct challenges they pose for regulators. For EU material, see Practice Note: EU regulation of cryptoassets. For the UK position, see Practice Note: UK regulation of cryptoassets. Read this alongside Practice Note: Web 3.0, digital assets and cryptoassets—essentials, which covers: What are cryptoassets? Common terms associated with cryptoassets Development of cryptoassets Characteristics of cryptoassets Considerations for businesses looking at cryptoasset technology Cryptoassets, the smart contract and ICOs Disputes involving cryptoassets Regulation of...
Stop Press: On 31 March 2026, Sir Andrew Mc Farlane, President of the Family Division, unveiled consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, taking effect on 5 May 2026. This supersedes the 2014 public and private law guidance and establishes a single allocation framework for all children matters. It formalises the function of gatekeeping teams, aligns allocation with modern procedural pathways (including Child Focused Courts), and reaffirms key principles of judicial continuity, proportionality and the efficient deployment of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Practice Note is being updated to reflect the President’s guidance. This Practice Note also clarifies the distinction between financial orders and financial remedies under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. It outlines the financial orders the court may make within: ...
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?......
Intellectual property ( IP) protection for plant-related inventions Protection for plant-focused inventions is available through the patent system and through plant variety protection. Plant variety rights ( PVRs) are an IP right granting the owner exclusive control over commercialisation of propagation material and permitting the collection of royalties, for example by granting licences to propagate and market the variety. This Practice Note sets out the IP protection for specific plant varieties, referred to as plant variety rights ( PVRs) or plant breeders’ rights. It covers the EU framework for the Community plant variety right ( CPVR). It details the validity criteria for PVR protection, the standards for infringement, and the compulsory licensing of PVRs. This Practice Note also considers patent protection for plant-related inventions, including groups of plants exhibiting a shared characteristic and plant protection products such as pesticides. For guidance...
Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) The Regulatory Enforcement and Sanctions Act 2008 ( RESA 2008) authorised regulators to handle offences using civil sanctions rather than prosecution. In 2010, the Environment Agency ( EA) and Natural England ( NE) were granted powers covering a range of environmental offences. In 2015, the reach of civil sanctions expanded when the EA was enabled to accept enforcement undertakings for environmental permitting offences. The Environmental Civil Sanctions ( England) Order 2010, SI 2010/1157 applies in England, and the Environmental Civil Sanctions ( Wales) Order 2010, SI 2010/1821 applies in Wales. Schedule 5 of both instruments sets out which sanctions are available for each offence......
E& W Brussels I (recast)—recognition of judgments This Practice Note sets out guidance on obtaining recognition of a judgment in the courts of England and Wales under the enforcement regime in Regulation ( EU) 1215/2012, Brussels I (recast). Such enforcement has been available since IP completion day (31 December 2020 at 11 pm), provided the transitional conditions in Article 67(2) of the Withdrawal Agreement are met. For commentary on those transitional provisions, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived], including, in particular, the main section: Recognition and enforcement of judgments. Where the transitional provisions apply, the rules and the practice direction in force immediately before implementation day (ie 31 December 2020 at 11 pm) will continue to be applied. In this Practice Note these are termed old Part 74, with particular provisions cited as an ‘old rule’. For...
If any provision in the Companies Acts permits or obliges a body corporate to send or provide documents or information (however phrased), that body corporate must follow sections 1144–1148 and Schedule 5 of the Companies Act 2006 ( CA 2006), which set out the company communications regime. The Companies Acts are defined in CA 2006, s 2 and embrace CA 2006 itself, save for ss 1182–1283. For these communications rules, references to a document also cover a summons, notice, order, any other legal process, or a register. The communications provisions yield to requirements imposed, or contrary provision made, by or under any enactment (notably, CA 2006, Pt 35 on documents or information to be sent or supplied to Companies House). Nonetheless, a provision is not to be treated as inconsistent with the communications provisions merely because it expressly permits a document or...
Part 15 of the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024 sets out how decisions are taken across all insolvency procedures... General schemes of arrangement Section 895 of the Companies Act 2006 ( CA 2006) permits a company to implement a restructuring by means of a compromise or arrangement with its creditors (or any class of them), or with its members (or any class of them). Where such a proposal is made, the court may, on application, direct that a meeting of the relevant creditors or members (including any class) be convened by any of the following: the company; any creditor; any member; or a liquidator or administrator, if appointed. ......
This Practice Note outlines the process for returning a limited liability partnership to the register through an application made to the court. Why restore an LLP to the register? Where a limited liability partnership ( LLP) has been struck off, an application can often be made to the court seeking an order for restoration to the register. Reasons for doing so include: to permit a claim to be pursued against the LLP to manage property still owned by the LLP at the point of strike-off and dissolution, which has subsequently vested as bona vacantia that the Registrar removed the LLP while it was continuing to carry on business Application of CA 2006 to LLPs An LLP is a corporate body established under the Limited Liability Partnerships Act 2000 ( LLPA). In substance, most of the legal rules applying to LLPs comprise adapted company law rather than...
Commercial letters of credit Commercial letters of credit (often called traditional letters of credit or L/ Cs) operate as a means of payment in both cross-border and domestic trade. For a general overview of commercial letters of credit, see Practice Note: Characteristics of commercial letters of credit. In its most straightforward form, a commercial letter of credit is a bank’s promise (the issuing bank) to pay the beneficiary (usually the seller) a fixed amount within a stated period when stipulated documents are presented in compliance with the credit’s terms—for example, the shipping paperwork for the goods sold to the buyer. There are multiple variants of commercial letters of credit, each bringing particular benefits and drawbacks. From a seller’s perspective, where payment under a sale contract is to be made by letter of credit, irrevocable, confirmed credits with payment at sight are the most...
This Practice Note reviews the authorities on the meaning of ‘fraud’ and sets out the core principles applicable to business insureds, both when arranging insurance at inception and throughout the claims process. What amounts to fraud, and how is it established? Fraud There is no rigid definition of fraud in the insurance sphere. A leading statement of the test for deceit appears in Lord Herschell’s speech in Derry v Peek: first, an action for deceit requires proof of fraud; nothing less will do. Secondly, fraud is made out where a false representation is shown to have been made (i) knowingly, (ii) without any belief in its truth, or (iii) recklessly, being indifferent as to whether it is true or false. Although the second and third limbs are often described separately, the third is really an example of the second, because a person who makes a...
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...
R& I spotlight on matrimonial law Bankruptcy specialists frequently face circumstances where bankruptcy and matrimonial proceedings unfold in tandem. In some cases, one spouse commences bankruptcy with the purpose of undermining the other spouse’s financial claims arising on divorce, or to defeat those claims. Principal legislation The Matrimonial Causes Act 1973 ( MCA 1973) sets the framework governing the divorce regime in England and Wales. It was later amended and updated by the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020), introducing the concept of ‘no fault’ divorce for fresh applications formally lodged on or after 6 April 2022. For applications initiated before 6 April 2022, divorce could proceed only where one party alleged the marriage had irretrievably broken down, relying upon ‘facts’ such as the other’s adultery, unreasonable behaviour or abandonment, or where the parties had lived apart for two years and...
Appendix Child Relative route The standard Refugee Family Reunion pathway, used by sponsors to bring together their pre-flight spouse or partner and children, has been halted at the moment while a review takes place. The Home Office has said replacement Rules will appear before the close of 2025. In the interim, Appendix FM of the Immigration Rules was revised to permit people on a protection route to sponsor their pre-flight family members. This Practice Note examines the Appendix Child Relative route in depth, addressing eligibility, relationship criteria, and the practical evidence needed to satisfy the requirements. The Note highlights key elements of Home Office policy and Article 8 European Convention of Human Rights ( ECHR) case law, and outlines the length and conditions of leave granted under this route. The Child Relative route aims to enable those with temporary status on a...
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...
Quick view This Practice Note explores whether an employee can be engaged by two or more employers for the same role at the same time—joint employment (also termed dual employment or multiple employment). It examines the general assumption, the issue of vicarious liability, and the position of agency workers, office-holders and teachers. It also considers the setting of collective bargaining, the effect of TUPE 2006, and tax questions that may arise. Finally, it reviews the factors relevant to written contracts that involve multiple employers. Joint employment is typically discussed in relation to vicarious liability, for instance negligence (see: Vicarious liability, below). Regarding an individual’s employment rights, it appears reasonably clear that the prevailing presumption—that an employee cannot have more than one employer for the same work at the same time—can be displaced in these situations: where the person has two roles with separate...
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 This Practice Note outlines how the family courts address questions of capacity and the methods for assessing it, including the use of expert opinion. Within family proceedings, capacity is pertinent both to a person's ability to litigate and to settle proceedings, such as by agreeing a consent order. The focus is chiefly on an adult's capacity, or on cases where a 16–17 year old is involved in the proceedings and is expected to lack the necessary decision-making capacity on reaching 18. For matters concerning children's representation, see also Practice Note: Children as parties to public law proceedings. Broader issues about capacity in the context of family relationships are addressed in Practice Note: Capacity to marry, cohabit and have sexual relations. In Richardson- Ruhan v Ruhan, Mostyn J observed that a person's capacity to run proceedings is not contingent on...
This Practice Note closely examines the capacity of parties to conclude an arbitration agreement and to participate effectively in arbitral proceedings. It should be borne in mind that an arbitration clause may continue to operate even where the principal contract in which it sits is invalid—see Practice Notes: Arbitration agreements—the doctrine of separability ( England and Wales) and Separability of arbitration agreements in international arbitration. From a capacity standpoint, this implies a party might lack capacity to enter the main contract yet still have capacity to agree to arbitrate as a matter of law. Consequences of incapacity Both parties entering into an agreement must possess the necessary legal capacity to do so, failing which the agreement is void. An agreement to arbitrate is in absolutely no way different in this respect from any other type of contract—see Practice Note: Forming enforceable...
This Practice Note considers exclusion and limitation of liability in business-to-consumer ( B2C) contracts and notices It examines the Consumer Rights Act 2015 ( CRA 2015) together with the Competition and Markets Authority’s guidance on unfair terms relating to exclusion and limitation of liability ( CMA Guidance). It also offers drafting guidance for exclusion and limitation of liability provisions, often described as: limitation of liability clauses limitation clauses exclusion of liability clauses disclaimers exclusion clauses exemption clauses Following its late 2025 announcement (see: LNB News 22/10/2025 12), on 22 January 2026 the CMA launched a consultation on updated draft unfair terms guidance. The draft does not materially change the law’s interpretation; rather, it captures post-2015 case law and the DMCCA 2024 enforcement framework. While the statutory tests of fairness and transparency remain, the guidance has been reframed to deliver more...
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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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