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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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The UK nuclear market for construction industry supply chain members is significant. For 2015/16, the Nuclear Decommissioning Authority forecast expenditure of £3.3bn solely for civil decommissioning; factor in military decommissioning and the substantial prospective value of nuclear new build and the total opportunity is vast. The field demands an extensive span of construction inputs, ranging from major civil engineering, demolition and project management, through to design disciplines and facilities management (with plenty more in addition). Certain offerings call for dedicated nuclear expertise, while others do not; nevertheless, every participant in the nuclear supply chain must recognise the particular considerations that attach to working in this arena. Regulation is stringent in the nuclear arena, especially within the UK, and the contractual frameworks and documentation employed can be accordingly intricate. This Practice Note offers a primer on the sector from the viewpoint of a legal...
Costs insurance This Practice Note examines costs insurance, also known as legal expense insurance ( LEI), which protects an insured individual against the risk of an adverse costs order in litigation. The principal forms are: before the event insurance ( BTE insurance) after the event insurance ( ATE insurance) This Practice Note should be read alongside Practice Note: Recovery of costs insurance premiums. Insurance is a complex field and is subject to regulatory requirements. It is crucial to understand those requirements, as non-compliance could lead a court to conclude that the policy is unenforceable, which in turn may restrict costs recovery. See further: Insurance contracts—overview and Regulated activities—overview. LEI policies are regulated by the Insurance Companies ( Legal Expenses Insurance) Regulations 1990, SI 1990/1159. LEI insurance involves paying a premium for the cover, and that cover will be subject to an excess that is not...
What is landfill tax? Landfill tax is an environmental levy managed in England and Northern Ireland by the Commissioner of Customs and Excise, through HMRC Central Unit ( Landfill Tax). For an overview of landfill tax in Wales and Scotland, see the Practice Notes on Landfill disposals tax ( Wales) and Scottish landfill tax. Who pays landfill tax? Ordinarily, the ‘operator’ of the landfill site is responsible for paying landfill tax. The operator is the permit holder for a landfill site, or the person who ought to have a permit for sites where material is disposed of. If the permit holder has no direct involvement in operating the site itself, the liability to pay the tax also extends to the ‘controller’ of the site. The controller is the person who decides what material is permitted to be disposed of at the particular landfill site. A...
What is landfill disposals tax? Landfill disposals tax is an environmental levy overseen by the Welsh Revenue Authority. From 1 April 2018, sending waste to landfill in Wales ceased to fall under UK landfill tax and instead became liable to landfill disposals tax. In June 2017, the Welsh Parliament ( Senedd) approved the Landfill Disposals Tax ( Wales) Bill. This measure replaces UK landfill tax in Wales with effect from 1 April 2018. The Bill followed a consultation, with Welsh Ministers exercising powers granted by the Wales Act 2014. It received Royal Assent on 7 September 2017, creating the Landfill Disposals Tax ( Wales) Act 2017 ( LDT( W) A 2017). The Landfill Disposals Tax ( Wales) Act 2017 ( Commencement No 1) Order 2017, SI 2017/955, was made on 28 September 2017. These arrangements apply across Wales......
Contract Where an agreement is entered into by two or more parties, it may include a promise or obligation undertaken by two or more of them. Any such promise may be: joint several joint and several Whether an undertaking in contract is joint, several, or joint and several is a matter of construction, depending on the parties’ intention as revealed by the terms of the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were issued against Rhinegold Ltd and a related company, Tannhauser Ltd, for approximately £22,000 and £31,000 respectively. A settlement agreement followed under which the parties agreed to pay the sums due, but Tannhauser did not fully comply. Although the agreement was silent on liability, the High Court decided that, on a proper reading, the parties were jointly and severally liable. As a result, Rhinegold had to meet the...
Introduction JCT issued the Target Cost Contract 2024 ( TCC 2024) in June 2025. It arrived as the last agreement in the JCT 2024 suite of contracts. Within the JCT suite, it skipped the usual 2016 refresh. It also marked JCT’s inaugural target cost form, so there was no 2016 predecessor from which it evolved, unlike the majority of the 2024 contracts. This Practice Note examines the TCC 2024’s structure and language, and its defined terms and concepts, on a stand-alone basis, while providing practical tips and insight into how to use it in practice. Where appropriate, it identifies similarities and points of divergence when set against the other JCT 2024 contracts. Although new within the JCT stable, the structure and terminology, together with the familiar defined expressions and concepts, will be readily recognisable to readers who know the 2024 suite and the earlier...
ARCHIVED: This Practice Note is archived and not maintained. The JCT Public Sector Supplement was first issued in September 2011, followed by a revised edition in December 2011 to reflect amendments to the HGCRA 1996. It is part of JCT’s support for the implementation of the Government’s Construction Strategy (for more on which, see Practice Notes: Government Construction Strategy 2016–2020 [ Archived] and Government Construction Strategy 2011–2015 [ Archived]). The Public Sector Supplement can be used with most 2011 editions of JCT contracts, including the most commonly used ones (ie Standard Building Contract ( With Quantities, Without Quantities and With Approximate Quantities), Design and Build, and Intermediate Building Contract (with and without contractor’s design)). It is free to download from the JCT website: JCT Public Sector Supplement. The Public Sector Supplement is tailored for public sector employers and their advisers......
This Practice Note summarises the approach to calculating the contract price in JCT agreements and the circumstances in which that figure can be adjusted. It also offers guidance on the mechanisms for establishing interim payments and the ultimate payment. The Note concentrates on the payment clauses set out in section four of the Standard Building Contract With Quantities 2011/2016/2024 and the Design and Build Contract 2011/2016/2024. As JCT agreements are predominantly aimed at the domestic market, their payment regimes align with the requirements of Part II of the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996). The payment rules in the 2011 and 2016 editions reflect the amendments to the HGCRA 1996 introduced by the Local Democracy, Economic Development and Construction Act 2009 (including the advent of pay less notices). For further detail, see Practice Note: Interim payments in...
JCT FA The JCT issues a standard-form framework agreement known as the JCT FA. First appearing in 2005 in both binding and non-binding formats, it was then consolidated into a single revised edition in 2007. Subsequent updates followed in 2011, and again in 2017 (marketed as the 2016 edition as it sits within the JCT 2016 suite), with the latest update in 2025 (as part of the JCT 2024 suite). This Practice Note addresses the 2011, 2016 and 2024 editions, drawing out differences where pertinent. While the texts are largely alike, it should be noted at the outset that elements of the 2024 amendments were aimed at mirroring reforms to the public procurement regime introduced by the Procurement Act 2023 ( PA 2023). PA 2023 came substantially into force on 24 February 2025. For further detail on PA 2023, see the Practice Notes:...
JCT CE Launched in March 2007, the ( JCT CE) stemmed directly from JCT’s prior partnership with ‘ Be’ (a merger of Reading Construction Forum and the Design & Build Forum) that produced its inaugural partnering form, the Be Collaborative Agreement. Sustaining that alliance, and acknowledging the continuing need for agreements embodying the partnering ethos and practice, led to the creation of the together with the companion JCT Constructing Excellence Project Team Agreement ( JCT CE/ P). The most recent editions of JCT CE and JCT CE/ P were released in October 2024 within the JCT 2024 suite of contracts, so they are commonly referred to as 2024 and JCT Constructing Excellence Project Team Agreement 2024 respectively. For an overview of the amendments made in the 2024 versions compared with the earlier 2016 editions, see News Analysis: The ...
Practice Note This Practice Note consolidates our content on the amendments as introduced in the 2024 editions of the Joint Contracts Tribunal ( JCT) standard form construction contracts......
ARCHIVED: This Practice Note has been archived and is no longer maintained. It collates all our relevant content regarding the changes introduced in the 2016 editions of the Joint Contracts Tribunal ( JCT) standard form construction contracts......
This document provides searchable quick links to PDF file versions of the JCT 2005 standard-form contracts...
Large and public client off-payroll regime The large and public client off-payroll regime generally applies where a public body or a private sector organisation (excluding one that is 'small' or lacks a ' UK connection') hires a worker through an intermediary, such as a personal service company ( PSC), and, absent the presence of that intermediary, the engagement between the worker and the end client would amount to employment. The large and public client off-payroll regime puts the onus of determining whether IR35 applies, in effect, on the end client and, if the large and public client off-payroll regime does apply to the engagement, the duty to deduct income tax and National Insurance contributions ( NICs) rests, under the rules, with the fee-payer (i.e. the party closest, in the relevant contractual chain, to the PSC—this might be the end client where it...
Background to the Corporate Insolvency and Governance Act 2020 ( CIGA 2020) Driven by the coronavirus ( COVID-19) crisis and the need to cushion businesses from the impact of lockdown measures, the Corporate Insolvency and Governance Bill gained Royal Assent on 25 June 2020, becoming CIGA 2020. It built on the government’s 2016 consultation on reforming the UK’s insolvency framework, with the official response issued on 26 August 2018 (see News Analysis: Exploring the government’s response to the insolvency and corporate governance consultation). Among its changes, CIGA 2020 inserted fresh provisions into the Insolvency Act 1986 ( IA 1986) to protect continuity of essential supplies and to curb insolvency‑triggered termination rights in contracts (the so-called ‘ipso facto’ clauses). For a summary of CIGA 2020, see News Analysis: Corporate Insolvency and Governance Act 2020. What are ipso facto clauses? Where a company enters an...
ARCHIVED: This Practice Note is archived and is not maintained, and will not receive further updates. It outlines the consequences of IP completion day for breaches of contract and the remedies available. The implementation period created to allow the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. At that moment (called ‘ IP completion day’ in this Practice Note) immediate changes arose that affect contracts within the UK. This Practice Note sets out how those changes relate to breach and remedies and signposts to more detailed content and analysis where you can learn more. How does Brexit impact contract breach and remedies? The rules on making and construing contracts in England and Wales are predominantly grounded in, and developed by, the common law, which was not directly altered by IP...
At 11 pm ( GMT) on 31 December 2020, the implementation period created to help the UK move away from the EU’s laws and institutions came to a close. That moment (described in this Practice Note as ‘ IP completion day’) brought an immediate and notable shift in the UK’s legal framework. This Practice Note sets out what that change means for construction law and the construction sector. Overview—what happened on 31 December 2020 On 31 January 2020 (‘exit day’), the UK stopped being an EU Member State and lost the right to participate in the EU’s political institutions and governance structures. Under the transitional provisions in Part 4 of the Withdrawal Agreement, exit day began an 11-month implementation period during which, for many purposes, the EU continued to treat the UK as if it were still a Member State. That period continued until 11 pm on 31...
Although arbitration has seen reduced use for UK domestic construction disputes owing to adjudication’s ongoing dominance, it is still widely chosen by parties to settle conflicts arising from construction projects where the contracting parties are from different jurisdictions across borders. The expense of international arbitration may mirror that of litigation, but this depends greatly on the particular circumstances of the matter, including its scale and complexity in play. Nevertheless, arbitration affords a range of benefits over litigation for parties, particularly for schemes undertaken in jurisdictions where local courts may lack sufficient experience or expertise, or where there are concerns about potential local bias in such circumstances. The main advantages of international arbitration are set out below: the parties’ ability to select a neutral forum and the laws that will govern the arbitration (the seat) chosen the ability to also choose...
This Practice Note looks at the insurance provisions in the main forms of JCT contract. It examines the Contractor’s liabilities and insurance obligations under the JCT Design and Build Contract ( DB) 2024 and the JCT Standard Building Contract ( SBC) 2024. Where clause numbering differs between the two forms, this Practice Note draws attention to it; otherwise, clause references apply to both DB and SBC. The 2024 and 2016 editions made adjustments to the insurance provisions compared with the 2011 editions, including updates to professional indemnity insurance in the 2024 version and, in 2016, relocating much of the text from Schedule 3 into the main conditions and introducing the C.1 Replacement Schedule, see Practice Note: JCT contracts 2016—what's changed? [ Archived] and News Analysis: The JCT Design and Build Contract 2024—what’s changed? For how insurance and risks are addressed in the NEC3/ NEC4...
This Practice Note considers insurance issues that may arise when construction works, including refurbishment and fit-out, are undertaken to an existing building. It identifies who typically arranges buildings insurance and which parties it may cover. It also outlines the position where a tenant carries out works, and the approach under the JCT and NEC standard form construction contracts. Who maintains and is covered by buildings insurance? Freeholders An existing property should be protected by appropriate buildings insurance, usually placed by the freeholder. Cover ought to meet the cost of making good, replacing or reinstating damage to the building fabric, for example roof, walls, ceilings, floors, doors and windows. It should also extend to the landlord’s fixtures and fittings and to underground tanks, pipes and cables. The full rebuilding or reinstatement cost should be insured where damage is caused by an insured risk (as defined in the...
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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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