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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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Investigatory orders available under POCA 2002, Pt 8 The investigatory measures available under Part 8 of the Proceeds of Crime Act 2002 ( POCA 2002) comprise the following types of orders: production orders search and seizure warrants disclosure orders customer information orders account monitoring orders unexplained wealth orders ( UWO) and associated interim freezing orders Taken together, these are all commonly referred to as the Part 8 investigatory orders......
Types of set-off As explained in the Practice Notes, What is set-off and when is it available? and Types of set-off, there are several recognised categories of set-off that arise in different ways. Save for independent (legal) set-off (see Practice Note: Independent set-off and transaction set-off), a set-off can be asserted and implemented without issuing proceedings — for example, Y may retain sums it accepts it owes to X on the footing that Y is setting off amounts X owes Y. By comparison, independent set-off must be initiated through court proceedings and, in effect, takes effect upon judgment. In practical terms, once a claim reaches court, both independent and equitable set-off (frequently referred to as transaction set-off) are commonly pleaded within the defence......
Elements of the offence of perverting the course of justice Perverting the course of justice is a common law offence, triable only on indictment in the Crown Court. The elements are: a person performs acts or embarks upon a course of conduct which has a tendency and is intended to pervert the course of public justice Acts or embarks on a course of conduct The offence calls for a positive act, or sequence of acts; mere omission or inaction is not enough (e.g. failing to point out an error). Conduct that tends (and is meant) to obstruct, deflect, or disturb criminal proceedings, or police investigations generally, may suffice—the wrongdoing need not relate to a specific trial or investigation. Tendency to pervert A failed attempt does not bar prosecution, so long as the accused’s behaviour, without any further step by them, created a risk that injustice would...
This Practice Note addresses the regime for permitted development in England. For guidance specific to Wales, see the Practice Note: Permitted development in Wales. Legal basis of permitted development rights Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is necessary for ‘the carrying out of any development of land’. TCPA 1990, s 55(1) defines ‘development’ as comprising, for these purposes: the undertaking of building, engineering, mining, or any other operations in, on, over, or beneath land (see Practice Note: Operational development), or the making of any material change in the use of any buildings or any other land (see Practice Note: Material change of use) Section 58(1)(a) TCPA 1990 states that planning permission may be conferred by means of a ‘development order’. For these purposes, the Town and Country Planning ( General Permitted...
This Practice Note sets out guidance on seeking permission to appeal ( PTA) under CPR Part 52 in both the lower court and the appellate court ( CPR 52.3(2)). It explains how to challenge decisions of lower courts and the steps for making PTA applications in the court below. It also addresses the need to apply at the conclusion of the hearing in the lower court, together with the deadlines for requesting PTA from the appellate court where no application was made below or where the lower court has refused PTA. The Note specifically considers applications for permission to the Court of Appeal where no oral hearing is directed, the respondent’s role (and potential costs) and the actions open to a respondent, as well as the procedure and particular provisions for the County Court, High Court and Court of Appeal, and how (and by whom) a PTA...
Background and framework In the great majority of personal injury and clinical negligence claims, when the court grants damages, the sum is usually paid at once as a lump sum straight to the claimant. That said, in any such claim where the award concerns future pecuniary loss, the court may direct that compensation be paid by way of periodical instalments, in full or in part. In fact, in these circumstances the court is required to consider whether to make such an order. The Damages Act 1996 ( DA 1996) authorises the court, in personal injury proceedings, to make a periodical payments order ( PPO), to award a lump sum, or to provide a mixture of both. For the purposes of DA 1996, s 7(1), 'personal injury' extends to any disease or any impairment of the claimant’s physical or mental condition, and a personal injury claim...
Variation—pension sharing orders This Practice Note sets out guidance on changing pension sharing orders and pension attachment orders arising in family cases, alongside appeals. It also outlines the procedural elements for both variation and appeals, and addresses applications for capitalisation. Variation before final order/decree absolute Where no final order/decree absolute of divorce, dissolution or nullity has been made—and the pension sharing order has therefore not taken effect—the court may vary or discharge that order. An application to vary may only be issued before the final order/decree absolute is granted. Once a marriage or civil partnership has been dissolved, or a final nullity order pronounced, no application can be brought to vary a pension sharing order, even if it is yet to take effect. Filing an application to vary stops the pension sharing order from taking effect while the application is determined. Such...
THIS PRACTICE NOTE RELATES TO REGISTERED OCCUPATIONAL PENSION SCHEMES STOP PRESS 1: On 18 November 2025, the Pensions Regulator ( TPR) urged trustees to treat member data as their foremost ‘strategic asset’ so schemes are prepared for pensions dashboards by the final connection date of 31 October 2026. After engaging with hundreds of schemes, TPR noted improvements in data quality but pointed to gaps in value data and excessive reliance on administrators, warning that neglect could put dashboard compliance at risk. It also issued refreshed member data guidance that brings together all existing data-related guidance, sets out clearer expectations for trustees and shares best practice to strengthen data management capability. TPR adds that it is reviewing data readiness among the UK’s largest schemes and will step up engagement in 2026. For more information, see LNB News 18/11/2025 43. STOP PRESS 2: On 19 November 2025, the...
STOP PRESS : The Pensions Research Accountants Group ( PRAG) has released the Statement of Recommended Practice, Financial Reports of Pension Schemes 2026 ( SORP) following broad pre-consultations with stakeholder groups and a thorough review of feedback to the formal consultation, which closed in Q4 2025. SORP 2026 applies to accounting periods starting on or after 1 January 2026. The SORP was last overhauled in 2018, and the latest amendments ensure alignment with Financial Reporting Standard 102 and current pensions legislation and regulations. Consultation respondents largely endorsed the proposed changes in the three principal areas—fair value determination, investment risk disclosures and sole investor pooled arrangements—considering them appropriate and proportionate. This Practice Note is being updated to reflect these changes. THIS PRACTICE NOTE APPLIES TO UK OCCUPATIONAL PENSION SCHEMES This Practice Note on pension scheme annual reports and accounts is based on: the latest...
A ‘patent’ is a legal instrument that grants an inventor monopoly rights. It safeguards novel inventions and can extend to elements such as the way things function, their composition, and the methods by which they are produced. A UK national patent, or a European patent designating the UK ( EP( UK)), is infringed by carrying out acts in the UK without the permission of the patent proprietor (the patentee). Those infringing acts are prescribed by section 60 of the Patents Act 1977 ( PA 1977) and include making, using, and importing a patented product or process. For detail on patent infringement, see Practice Note: Patent infringement......
Common issues Claims for loss of earnings arise regularly in personal injury cases and are frequently the biggest head of damages. For guidance on future losses, see Practice Note: Future loss of earnings—personal injury claims. Although many valuations are straightforward, recurring complications include: financial complexity, for instance a member of a partnership pursuing lost profits uncertainty, such as where the claimant’s career path was unclear or income was variable evidential difficulty, for example where earnings were undeclared Calculating the net loss of earnings 13-week approach For those in stable employment, pre-accident net pay is usually assessed by averaging earnings from the three months, or 13 weeks, immediately before the accident. The figures can be drawn from payslips, though the employer will generally supply the data. If the level of pay is disputed, obtain bank statements as proof of wages,...
This Practice Note sets out the principal participants commonly found on construction schemes (such as the employer, the contractor, the professional consultant team—both design and non-design disciplines—together with sub-contractors and funders) and offers an overview of their respective functions and how they relate to each other, including the contracts that are put in place between them. For a visual depiction of how a development can be arranged and the contractual web between the parties, see: Structure of a development project—diagram. Employer The employer (also described as the client or developer) is the entity for whom the construction works are undertaken. Frequently, though not invariably, the employer also holds title to the land on which the works will be delivered. The employer will usually assemble a professional team, made up of various consultants, to assist in shaping the project brief and preparing designs etc. ahead of...
Practice Note This Practice Note examines the situations in which the usual Part 36 costs consequences may properly be found by the court to be unjust. It highlights the factors set out in CPR 36.17(5) that the court will take into account, and surveys the case law that has considered this question. Note that the fixed recoverable costs ( FRC) regime applies to most civil claims valued at no more than £100,000 which are issued on or after 1 October 2023, excluding personal injury and disease claims. For personal injury matters, the extended FRC regime applies where the cause of action accrued on or after 1 October 2023, and for disease claims it applies where no letter of claim has been sent before 1 October 2023. For civil cases that fall within the extended FRC regime, CPR 36.23 governs the costs...
This Practice Note outlines the required contents of a Part 36 offer, identifies to whom the offer must be directed, and highlights the additional stipulations for a defendant’s Part 36 proposal. It also explains how to make a Part 36 offer confined to part of the claim or focused on a specific issue within the claim. The Note addresses offers in proceedings with multiple parties, the need for a relevant period of at least 21 days, and the treatment of interest. It further considers situations involving a litigant in person, as well as the inclusion of a non-monetary element within a Part 36 offer... What a Part 36 offer must include A compliant Part 36 offer does not have to be presented in a letter; a party may instead use Form N242A ( CPR PD 36, para 1.1)......
Practice Note This Practice Note reviews the additional CPR 36 rules that apply to civil claims within the fixed costs regime from 1 October 2023. It explains the specific costs outcomes when a Part 36 offer is accepted, and the costs consequences after judgment in fixed costs matters. It also gives guidance on the 35% uplift awarded where a claimant obtains a judgment that is at least as favourable as their own Part 36 offer, and notes the applicability of the other awards under CPR 36.17(4). Please note, this Practice Note does not address the particular CPR 36 provisions relevant to personal injury claims (road traffic accidents, employers’ liability and public liability). For details on Part 36 offers in fixed costs cases before 1 October 2023, see: Practice Note: Part 36 offers—fixed costs (position prior to 1 October 2023). For general guidance on CPR 36, refer to:...
Practice Note This Practice Note explores the interplay between Part 36 offers and the specific costs recovery mechanism in CPR 36, alongside the Part 45 fixed costs provisions that applied before 1 October 2023. It cites authorities concerning personal injury claims and assesses how CPR 36 aligns with the scale costs for cases in the Intellectual Property Enterprise Court ( IPEC) ( CPR 46, Section VII). For clarity, any references in this Practice Note to ‘rule’ and ‘part’ are to the pre-1 October 2023 rules, which govern matters that fell within the fixed costs regime before that date. The old Part 36 and the old Part 45 can be accessed here: In addition, the extended fixed costs regime applies to all civil proceedings (subject to exclusions) with a value of £100,000 or less. For civil cases other than personal injury and disease, the...
This Practice Note considers the application of CPR 36 where Part 36 offers are made to settle detailed assessment proceedings commenced under CPR 47. It reviews leading authorities on the 10% enhancement for a receiving party’s costs under CPR 36.17(4)(d), and explores how CPR 36 aligns and interfaces with the statutory cap on the recoverable costs of provisional assessment set out in CPR 47.15(5). It also surveys case law on these issues and their consequences too. For solicitor/own client assessments, the consequences in CPR 36.17(4)(d) do not apply after a successful Part 36 offer, as this has been held inconsistent with section 70(9) of the Solicitors Act 1974, which imposes the one-fifth rule unless special circumstances arise under SA 1974, s 70(10). Nonetheless, a successful Part 36 offer in solicitor/own client assessment proceedings can still be treated as an admissible offer within the court’s...
River Island Holdings Limited sought approval for a Part 26A restructuring plan ( RP), with the convening hearing held in July 2025 and the sanction hearing following in August 2025. The principal points are outlined below; capitalised expressions not otherwise defined take the meanings given in the sanction judgment. See Re River Island Holdings Limited [2025] EWHC 2047 ( Ch) (convening) (not reported by Lexis Nexis®). This Deal Debrief sits within our Restructuring plans toolkit. For an in-depth review of key metrics from RPs filed in 2024, together with commentary from leading figures in the restructuring community, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024. Name of plan company River Island Holdings Limited (the Company) Industry sector Retail Place of debtor’s incorporation and jurisdictional factors England and Wales, together with a Deed of Contribution dated 20 June 2025......
Poundland Limited sought a Part 26A restructuring plan ( RP), with a convening hearing in July 2025 and a sanction hearing in August 2025. The principal points are set out below (capitalised terms not explained here have the meanings in the convening and sanction judgments). This Deal Debrief forms part of our Restructuring plans toolkit. For an in-depth review of the key metrics from RPs submitted in 2024, plus commentary from leading figures in restructuring, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024. Name of plan company Poundland Limited (the Company) Industry sector Retail Place of debtor’s incorporation and jurisdictional factors The Company was incorporated in England and Wales......
Early origins of the principle It cannot be successfully maintained that an Act of Parliament is invalid because of defects, or even fraud, within the legislative process. The provenance of this principle is arguably found in The Prince’s Case. In that matter, a challenge was made to a charter granting the Duchy of Cornwall, which had been issued under the authority of Parliament. Coke CJ determined that it stood as an Act of Parliament, having received the assent of the King, the Lords and the Commons, and therefore carried the full force and authority of an Act of Parliament......
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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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