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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 basis of an FM contract When embarking on a facilities management ( FM) agreement, there is much to weigh up and settle (see Diagram: What does a Facilities Management contract look like). As with any contractual arrangement, a valid offer, unequivocal acceptance, and sufficient consideration are necessary for it to be legally binding. Issuing an initial invitation to tender for FM services typically does not amount to an 'offer' in the legal sense—the FM contractor’s submission is usually the first 'offer', and the talks that follow are, in essence, counter-offers in this specific context. As......
This Practice Note explores the aim of Part 36, explains what constitutes a Part 36 offer, and outlines the motivations for proposing one. It further supplies guidance on requesting clarification of a Part 36 offer and sets out the costs repercussions for both claimants and defendants when making and accepting Part 36 offers. Note that this Practice Note addresses the rules currently in force after 1 October 2023. For details of specific provisions in place before 1 October 2023 for Part 36 offers in fixed costs matters, see Practice Note: Part 36 offers—fixed costs (position prior to 1 October 2023). For guidance on Part 36 offers in civil claims that fall within the fixed costs regime on or after 1 October 2023, see Practice Note: Part 36 offers—fixed costs (position on or after 1 October 2023). The purpose of Part 36...
This Practice Note explores the treatment of sub-contracting within the 2017 editions of FIDIC’s Red, Yellow and Silver Books, setting out the relevant approach adopted in those forms. For discussion of sub-contracting under the 1999 Red, Yellow and Silver Books, the 2008 Gold Book and 2010 Pink Book, and details of the Subcontract for Construction 2011 and the Subcontract for Plant and Design- Build 2019 (each intended for 1999 main contracts), refer to Practice Note: FIDIC contracts (pre-2017 editions)—sub-contracting. A core rule across FIDIC regarding sub-contracting is that the Contractor stays liable to the Employer for Subcontractors’ work. This is set out in Red Book clause 5.1 and Yellow and Silver Book clause 4.4. Together, these clauses confirm that, even where tasks are sub-contracted, responsibility towards the Employer remains with the Contractor, across all three forms. Extent of...
This file offers searchable shortcut links to PDF editions of the Chartered Institute of Building ( CIOB) Time and Cost Management Contract...
A charity might engage in a construction project: to advance its charitable aims (for example, the delivery of social housing) to obtain office space or other premises that support its main charitable purposes, or as an investment prospect General issues on construction projects Anyone procuring a construction project should be aware of the following overarching and relevant matters: the distinct responsibilities and obligations of the developer, professional advisers, contractors, sub-contractors and suppliers the requirement for collateral warranties from, or reliance on rights under, the Contracts ( Rights of Third Parties) Act 1999 in respect of key members of the professional and construction teams the various alternative procurement routes the range and suite of standard-form construction contracts and appointments, and the appropriate, typical amendments applied to them the function of professional indemnity insurance,...
FORTHCOMING CHANGES : In Budget 2025, the government announced it will legislate through Finance Bill 2026 (also known as Finance ( No 2) Bill 2024–26) for the introduction of new powers for HMRC to tackle fraud committed by businesses operating within the CIS. Closely reflecting VAT provisions that restrict input tax recovery where a supplier knew, or ought to have known, that a supply was connected to fraudulent VAT evasion, the CIS reforms will include the following measures: provide for the immediate cancellation of a business’s gross payment status by HMRC, with immediate effect make the business directly responsible for any tax that has been lost enable a penalty equal to 30% of the lost tax to be imposed on the business, its directors, and other connected persons, where it can be shown the business knew, or should have known, it entered into a...
ARCHIVED: This Practice Note is archived and is not maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 took effect on 6 April 2015, replacing the Construction ( Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. Introduction Across a construction project, the client holds the pivotal position. Usually, the client controls budgets, sets programmes, and exercises significant influence over contractors and other contributors to the scheme. These aspects are fundamental to sound risk control on site. In these Practice Notes, the term ‘client’ is equivalent to ‘ Employer’. The word ‘client’ is used here to aid reference to the Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations). The Regulations recognise the client’s leading part in managing risk, a stance echoed in the...
Under the Construction ( Design and Management) Regulations 2015, where a project involves more than one contractor, the client must appoint a principal designer who is a designer on the scheme and who is placed to direct and coordinate the design and planning of the pre‑construction phase. The principal designer should be appointed at the earliest practicable opportunity, and that appointment is required to be set out in writing. Who is the principal designer? The principal designer can be an organisation or an individual with technical knowledge of the construction industry relevant to the project, and who satisfies the competency requirements set out in regulation 8 of the Regulations. Regulation 8 provides that the principal designer must have the necessary skills, knowledge and experience, and, if an organisation, the organisational capability, to carry out the role in a way that protects the health and safety of any...
For the purposes of the Construction ( Design and Management) Regulations 2015 (the ‘ Regulations’), contractors are the companies and individuals who undertake construction activities and works. Because this is a practical, site-based function, contractors are frequently the people most directly exposed to injury or harm to their health during everyday duties. The Regulations permit contractors to participate in planning, managing and monitoring the construction work as required, as necessary. They sit alongside the overarching duty imposed on employers to secure, so far as is reasonably practicable, the health, safety and welfare of employees and others affected by their undertakings, and on employees to exercise reasonable care for their own health and safety and that of others, as set out in sections 2, 3 and 7 of the Health and Safety at Work etc. Act 1974. Who is a...
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction ( Design and Management) Regulations 2015, SI 2015/51 ( CDM 2015) extend to projects that began after commencement on 6 April 2015, and equally to schemes already under way when CDM 2015 commenced. This Practice Note considers how CDM 2015 operated for projects started before 6 April 2015 and, as a result, fell within the transitional provisions contained in CDM 2015. For broader information on CDM 2015, see Practice Note: Construction ( Design and Management) Regulations 2015. The transitional measures in CDM 2015 provided a six-month window during which specified regulations allowed leeway following commencement. All remaining provisions in CDM 2015 required compliance from 6 April 2015 with no comparable allowance. Duty holders were free to implement CDM 2015 immediately, even where the transitional scheme would otherwise have applied. Those...
Under the Construction ( Design and Management) Regulations 2015 (the ' Regulations'), the health and safety file (the ' File') is required for schemes involving more than one contractor. Regulation 12(5) confirms that the File must be suited to the specific characteristics of the project and include information that is relevant to the scheme and likely to be needed during any future construction work to protect the health and safety of any person. It should be recognised that, while material may assist the current works, the priority is ensuring health and safety during subsequent works. Accordingly, the File's contents must be sufficiently clear and focused so that later construction and maintenance can be undertaken without risking health and safety. When must the health and safety file be produced, and by whom? For projects with more than one contractor, a principal designer must be...
Anyone overseeing operations on site must confirm that conditions are safe and healthy before work starts and while it is getting under way... This Practice Note focuses on the obligations of the main contractor (‘ Principal Contractor’ under the Construction ( Design and Management) Regulations 2015 ( CDM 2015), SI 2015/51), since, particularly during site set-up and establishment, it is usually the main contractor who holds overarching control of the site and its arrangements... Set out below are the principal matters the main contractor should consider carefully... Duty to notify and report Under CDM 2015, a project becomes ‘notifiable’ where the on-site phase is planned to exceed 30 working days with more than 20 workers on site at the same time at any stage up to completion, or where it will surpass 500 person-days... Such ‘notifiable’ schemes must be formally notified to the Health and Safety...
ARCHIVED: This Practice Note is archived and is no longer maintained. Note: On 6 April 2015, the Construction ( Design and Management) Regulations 2015 ( SI 2015/51) took effect, superseding the Construction ( Design and Management) Regulations 2007 ( SI 2007/320). See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what has changed? [ Archived]. Introduction Throughout a construction project, the CDM co-ordinator can act as the employer’s ‘right hand’. Typically, the co-ordinator is among the earliest appointments a client will make at an early stage of the scheme, and the co-ordinator’s function is to support the client in meeting many of its responsibilities under the Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations). Please note that, in this context, the term ‘client’ is interchangeable with ‘employer’ as used in other practice notes. ‘ Client’ is adopted here to mirror the...
ARCHIVED: This Practice Note is archived and is not maintained. Note: The Construction ( Design and Management) Regulations 2015, SI 2015/51 took effect on 6 April 2015, replacing the Construction ( Design and Management) Regulations 2007, SI 2007/320. See Practice Notes: Construction ( Design and Management) Regulations 2015 and CDM Regulations 2015—what's changed? [ Archived]. Introduction The Health and Safety File (the ' File') is a document the CDM co-ordinator must compile for every notifiable project. Regulation 20(2)(e) of the Construction ( Design and Management) Regulations 2007, SI 2007/320 (the Regulations) states that the File should include information relevant to the project and likely to be required during any future construction work to protect the health and safety of any person. While the material may relate to the works being undertaken at the time, the focus is on maintaining health and safety during later...
This Practice Note explores the need to prove causation when advancing a tort claim, including negligence. It addresses facets of factual causation, such as applying the ‘but for’ test, how to demonstrate it and where it reaches its limits, drawing inferences of causation, the impact of special circumstances and scientific uncertainty; and legal causation, including identifying the effective cause of the loss (eg a third party’s act or omission, or the claimant’s own intervening conduct) and assessing the remoteness of damage to be recovered (foreseeability). For direction on causation within professional negligence, see Practice Note: Causation and remoteness in professional negligence claims and associated guidance. For guidance on causation in personal injury and clinical negligence, see Practice Notes: Causation in personal injury claims Causation and material contribution in clinical negligence claims Causation in tort—when required and what it entails In most torts, a...
On 19 November 2025, the Building Safety Levy ( England) Regulations 2025 ( SI 2025/1236) were made, establishing a charge on specified new or enlarged residential schemes, under powers in the Building Safety Act 2022 ( BSA 2022). The revenue will help fund the remediation of building safety defects across England. The Regulations commence on 1 October 2026. They define when liability to pay arises, identify who must pay, and set out the method of calculation. This Practice Note explains the context for the regime and highlights its principal features. Background to the levy The creation of the building safety levy ( BSL) through these Regulations sits within the UK government’s response to the 2017 Grenfell Tower Fire. It embodies the view that leaseholders ought not shoulder the expense of remedying legacy fire safety issues, nor should the taxpayer be placed under excessive strain, and that the...
The Building Safety Act 2022 ( BSA 2022) marks the most significant shake-up of building controls in forty years, reshaping oversight for the design, construction and management of, among others, residential properties and, in particular, ‘higher-risk’ buildings ( HRBs) (for what qualifies as a HRB, see Practice Note: Building Safety Act 2022—what is a higher-risk building?). Stricter requirements on competence and safety reporting, coupled with new causes of action and court orders to expedite remediation of historical defects, carry notable insurance consequences. The anticipated uptick in claims against construction and real estate professionals will trigger more policy notifications and potential coverage disputes, as the market calibrates to novel exposures amid developing case law. This Practice Note therefore examines key insurance issues likely to arise from BSA 2022 in relation to enhanced duties, extended liabilities, new remedies and policy...
Practice Note This Practice Note serves as a guide to negotiations, examining frequent design-related matters that surface when drafting and settling building contracts. It reviews clauses typically put forward during contract talks, the difficulties that employer-inserted provisions in a draft building contract may create for the contractor, and the ways in which the contractor will usually answer them. It further explores how the parties, to secure agreement of the building contract, might address these design issues and, where feasible, arrive at a middle ground that both find acceptable. This Practice Note is not tied to any single form of building contract; the draft agreement in which these points may emerge could be a standard form with a schedule of amendments, or a bespoke contract form. It considers provisions commonly proposed when negotiating a building contract, the problems such...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 gained Royal Assent on 27 October 2025. For advice on how the Act affects residential tenancies in England, consult Practice Note: Renters’ Rights Act 2025—key provisions. STOP PRESS: A revised edition of the National Planning Policy Framework ( NPPF) was issued on 12 December 2024......
This Practice Note outlines the corporate criminal offence of failing to prevent bribery under section 7 of the Bribery Act 2010 ( BA 2010). It was the first economic crime offence to attach culpability to a company’s failure to stop an offence carried out on its behalf. See Practice Note: Corporate criminal liability. For background on the evolution of corporate criminal liability, see Practice Note: Corporate criminal liability reform—tracker. Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 The failing to prevent bribery offence applies only to relevant commercial organisations ( RCOs), not to individuals. BA 2010 defines RCOs as: bodies incorporated, or partnerships formed, under the law of any part of the UK, that conduct business anywhere, i.e. within the UK or abroad bodies incorporated, or partnerships formed, anywhere that carry on any business in the UK Business includes a trade or...
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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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