Featured documents
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:
Most recent Practice notes
This Practice Note distils the law, guidance and practical approach to varying contracts and deeds. It outlines how a contract or deed can be changed in writing, orally or by conduct, and also addresses unilateral variation, waiver and sustained minor breach. It offers practical and drafting pointers, flags issues when adjusting business-to-consumer contracts, public contracts and third party guarantees, and considers third party rights on variation. For a step-by-step guide to contract variation with full resources, see Practice Note: How to vary a contract. Where a variation stems from renegotiation after difficulties during performance, see also Practice Note: Managing difficulties in commercial contracts for further guidance. When is a contract variation appropriate? In commercial life, parties rarely operate only through isolated, stand-alone agreements; rather, relationships evolve over time, which may necessitate changes to existing contracts. Variations may arise and be proposed for many reasons,...
This Practice Note This Practice Note explores both statutory and contractual entitlements, in particular their scope and effect, to halt the carrying out of obligations under a construction agreement, chiefly triggered when an employer defaults on paying sums that are due. That statutory entitlement is found in section 112 of the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996), which sets out the timing and mechanisms for exercising suspension in practice. This Practice Note then reviews how the standard form JCT, NEC and FIDIC suites address suspension arising from the HGCRA 1996 or from non-payment, and also examines broader contractual grounds for a contractor to pause performance of its obligations (ie not just because of non-payment). Suspending works can be an effective means of applying pressure to an employer who is failing to settle invoices (whether entirely or within the due time)....
A dispute board A dispute board is a panel set up to help efficiently resolve disagreements that emerge under a construction contract arrangement. Its purpose is to enable quick, economical settlement of issues without requiring the parties to turn to the costlier and slower avenues of arbitration or the courts for formal determination instead. Given the expenditure involved (though still markedly lower than arbitration or litigation), dispute boards tend to be used more frequently on major construction schemes, and are encountered less regularly on smaller projects overall. They are typically included in construction contracts outside the scope of the Housing Grants, Construction and Regeneration Act 1996, for instance on international undertakings and projects. A dispute board usually comprises three individuals, though it can sometimes be a sole member. Certain contracts call for a standing dispute board, appointed at the outset and remaining in place for the life of...
Created in collaboration with 4 Pump Court. This Practice Note reviews the varieties of evidence usable in adjudication, encompassing documentary support, factual witness statements and expert opinion. It also addresses how material should be put before the adjudicator, whether papers may remain confidential, when disclosure applications could be allowed, and reliance on evidence or records from earlier adjudications. As a rule, there are no rigid prescriptions about the form or category of evidence to be supplied in an adjudication. The guidance below is of general effect for the use of evidence unless displaced by terms in a specific contract or a particular set of adjudication rules. Accordingly, any bespoke provisions or specific adjudication rules will take precedence. Always follow what the contract dictates. Both parties should strive to present their case to the adjudicator as plainly and coherently as possible. Excessive material may blur the true issues....
What is the ? The , or TSC, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). It is intended to appoint a contractor for a defined period to manage and deliver a service—this may include construction activities, but it is equally applicable to other service provision Maintaining highways within a specified area Providing security personnel for a site Maintaining a nuclear power station Delivering ambulance services for a group of hospitals These examples, drawn from the NEC Guidance Notes, show that it covers both ‘hard’ and ‘soft’ facilities management services (see Practice Note: What is Facilities Management Contracting?). As with other NEC forms, it can be adopted in both the public and private sectors and is suitable for services of any value It is not intended to operate like the NEC3/ NEC4 Framework...
ARCHIVED : This Practice Note is archived and is not being updated. CPR PD 51O has been revoked and, from 1 October 2025, superseded by CPR PD 5C. For help with CPR PD 5C, consult the Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. NOTE: the CE- File pilot is scheduled to end on 1 November 2025. From 1 October 2025, CPR PD 51O is replaced by CPR PD 5C, which renders CE- File a permanent feature. For assistance on the revised regime, including what has changed between CPR PD 51O and CPR PD 5C, refer to the Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. This Practice Note offers guidance on CE- File electronic...
What is BREEAM? The Building Research Establishment’s Environmental Assessment Methodology ( BREEAM) provides a framework for assessing and certifying the environmental performance of a building’s design, construction and operation. Certified buildings are given a BREEAM score and rating, allowing the environmental impacts of their design and construction to be measured and benchmarked against other certified buildings. BREEAM is owned, maintained and managed by BRE Global Ltd. BRE Global Ltd issues licences to independent, trained and qualified BREEAM Assessors who carry out assessments. Completed BREEAM assessments are then submitted to BRE for independent review and certification. Drivers of BREEAM While BREEAM is a voluntary standard, there are several drivers for undertaking a BREEAM assessment, including: Local development frameworks, via planning authorities, specify BREEAM ratings to be achieved to demonstrate the sustainability of developments. For example, in Wales, all new non-residential developments (over 250m 2) promoted or...
This Practice Note examines the court’s approach where there is a dispute over which party’s terms and conditions govern their agreement in a ‘battle of the forms’, a scenario most often encountered in negotiations between commercial suppliers and buyers of goods, each seeking to conclude a contract on its own standard terms and conditions. When does a ‘battle of the forms’ scenario arise? Such a ‘battle’ arises when two parties embark on negotiations intending to enter a contract, yet each attempts to finalise it on their own standard terms and conditions. In that case, it is necessary to determine: whether a binding contract has been made between the parties and, if so, which party’s terms and conditions, if any, have been incorporated into the contract This situation often occurs in dealings between commercial suppliers and buyers of goods who each wish to conclude on their own...
This Practice Note centres on the assignment of collateral warranties (see Practice Note: What are collateral warranties?). For wider guidance on assignment generally, refer to Practice Notes: Assignment in construction contracts and Legal and equitable assignment in construction contracts. Although this Practice Note discusses collateral warranties, the same principles apply where third party rights are used instead; see Contracts ( Rights of Third Parties) Act 1999 in construction—overview. Assignment provisions in collateral warranties The default position is that, if a contract says nothing about assignment, the benefit of that contract can be assigned without limit and without any need for consent, as allowed by section 136(1) of the Law of Property Act 1925 ( LPA 1925); there is no requirement to obtain the obligor’s approval to any intended assignment. See Practice Note: Restrictions on the assignment of rights in construction...
Overview of the Supply Contract The Supply Contract, known as the ‘ SC’, forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). Most construction practitioners are more familiar with the NEC3/ NEC4 Engineering and Construction Contract ( EEC); however, where an employer intends to purchase goods or plant and material in relation to a project, the NEC3/ NEC4 Supply Contract can also be included as part of the documentation for that project. The Supply Contract may equally be used on a standalone basis to buy goods when a significant level of management control is required; but—as with any contract—it should be considered carefully to ensure its terms do not conflict with any other non‑ NEC contracts used in relation to the same project. It is designed for the purchase of high‑value goods together with related...
The framework for execution of documents under Scots law is set out in the Requirements of Writing ( Scotland) Act 1995 ( RW( S) A 1995) and the Legal Writings ( Counterparts and Delivery) ( Scotland) Act 2015 ( LW( CD)( S) A 2015). This Practice Note reviews both the traditional approach to execution and execution by counterpart under Scots law. Contracts or obligations that must be in writing In Scotland, the default position is that a contract, a unilateral obligation, or a trust can be constituted without writing. Writing is, however, necessary for the following exceptions to that rule: contracts, or unilateral undertakings, to create, transfer, vary or extinguish a real right in land (excluding tenancies or rights of occupation for less than a year and private residential tenancies) the creation, transfer, variation or termination of a real right in land an agreement between...
The Party Wall etc Act 1996 ( PWA 1996) sets the rules for how a building owner sharing a boundary with an adjoining owner may undertake works. This Practice Note summarises the functions of the PWA 1996; for fuller guidance, see Practice Note: Party Wall works—notices, disputes and awards. Purpose of the Party Wall etc Act 1996 The PWA 1996 applies where a building owner intends to: carry out works to existing party walls or structures erect a new wall or structure on the boundary line with an adjoining property, or excavate within three or six metres of an adjoining building or structure (depending on the depth of the works) The Act grants building owners rights to do works to party walls that would otherwise amount to trespass on neighbouring property, or create a risk of liability for the tort of...
This guide outlines the rules and requirements for the execution of deeds across multiple international jurisdictions. A table offers a quick-reference overview and summary of the execution formalities for companies, individuals and partnerships in a range of countries. Further detail on each overseas jurisdiction listed in the table appears in the sections that follow, including any variations in limitation periods for claims under contracts made as a deed. Each section corresponds to the overseas jurisdictions shown in the table for reference. For the execution of contracts across jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For electronic signatures in different jurisdictions, consult Practice Note: E-signatures—jurisdictional guide. For the formation of contracts across jurisdictions, refer to Practice Note: Contract formation—jurisdictional guide. For the execution of documents under Scots law, see Execution— Scotland—overview. Note that this is an introductory resource only; seek local advice from...
Electronic signatures This Practice Note sets out the legal position on electronic signatures—also called digital signatures, e‑signatures, E‑ Signatures, e Signatures, paperless signing or electronic document signing. It explains the categories of electronic signature and the technology used to generate digital signatures, including public key infrastructure ( PKI). It reviews key UK legislation such as the Electronic Communications Act 2000 ( ECA 2000) and the UK e IDAS Regulation, and outlines best practice for executing documents by electronic means. An electronic signature functions as the digital counterpart to a handwritten signature, connecting an individual with the contents of an electronic document. The Note focuses on the general law in England and Wales for commercial contracts in a business‑to‑business context. Readers should be aware that particular transactions may present distinct issues, for example due to laws applicable to consumers. For practical guidance on signing when one or more...
This Practice Note examines claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of the duty of care outside a statutory duty, see the following Practice Notes: Negligence—when does a duty of care arise? Negligence—when is the duty of care breached? —nature of liability A claimant who suffers loss or injury in circumstances where a defendant has contravened a statutory requirement may, in some cases, recover damages in tort, even if the facts do not fall within the scope of a recognised tort such as negligence. Where the statute expressly provides a right to damages, the position will generally be straightforward. In the absence of such a provision, the availability of a claim turns on Parliament’s intention, which must be identified by construing the statute in question. Because that intention is seldom...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note reviews the Royal Institute of British Architects ( RIBA) Standard Agreement 2010, updated in 2012, together with the Standard Conditions of Appointment for an Architect 2010. That appointment form has been replaced by the RIBA Standard Professional Services Contract 2018 for Architectural Services—see: LNB News 30/11/2018 118 and Practice Note: RIBA Standard Professional Services Contract 2018 for Architectural Services—and later by the RIBA Standard Professional Services Contract 2020 for Architectural Services—see: LNB News 21/07/2020 73 and Practice Note: RIBA Standard Professional Services Contract 2020 for Architectural Services. 2010 suite of standard form appointments The 2010 RIBA suite consisted of the following agreements, each amended in 2012: Standard Agreement 2010: Architect Standard Agreement 2010: Consultant Concise Agreement 2010: Architect Domestic Project Agreement 2010: Architect Sub- Consultant Agreement 2010 Use of these forms was not confined to...
Overview of the The TSSC forms part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). It provides a shorter alternative to the full NEC3/ NEC4 Term Service Contract, which is addressed in a separate Practice Note: NEC Term Service Contract. The NEC3/ NEC4 Term Service Short Contract is designed for simple services that do not demand complex management and carry low risk for both employer and contractor. Typical applications include, for example, cleaning or catering. Parties should decide between the NEC3/ NEC4 Term Service Short and the Term Service contracts by assessing the potential risks that may emerge. Where risks are limited, the NEC3/ NEC4 Term Service Short Contract may be the right choice. Suitable services: cleaning, catering. Service delivery: routine or ad hoc when called off by the employer. The NEC3/ NEC4 Term Contracts are...
NEC terminology Practitioners encountering NEC contracts for the first time may find the following clarifications of expressions used in the NEC ECC helpful, as these agreements employ numerous terms that are distinctive to the NEC suite and/or may need added clarification. When working with the NEC ECC, remember that both capitalised words and those shown in italics carry significance for interpreting the contract. If a word is capitalised, its meaning is set out in clause 11.2. If a word appears in italics, look to the entries completed in the Contract Data (where a word is italicised in the NEC ECC, it is presented in italics in this glossary). This compilation also contains expressions used within NEC that are neither defined nor included in the Contract Data (therefore not every expression in this glossary is capitalised or italicised). The material below should always be read...
This document contains searchable quick links to PDF copies of the JCT 1998 standard form contracts. Inside this file are searchable shortcuts linking to PDF versions of the JCT 1998 standard-form contracts......
In December 2017, FIDIC released the second editions of the Red, Yellow and Silver Books. Three years later, in December 2022, FIDIC issued reprints. The 2022 reprint of the FIDIC Silver Book should be referred to as ‘ The Conditions of Contract for EPC/ Turnkey Projects Second Edition 2017, reprinted 2022 with amendments’, and it retains the same ISBN The amendments comprise: the errata published in December 2018 (see News Analysis: Errata to FIDIC 2017 contracts published) the additional errata released in June 2019, and further errata plus new amendments made in November 2022 (stated to take effect from 1 January 2023), which FIDIC describes as ‘improvements & clarifications in response to industry feedback + to support the increased use of 2017 contracts’ There is no requirement to use the FIDIC 2022 reprints. The Parties are free to select the original FIDIC 2017 books if...
Popular documents
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 ]...
Discover more from LexisNexis
