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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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Project documents This Practice Note offers an overview of several widely used agreements and papers in a PFI/ PF2 scheme, though the precise suite adopted will turn on the particular project. In the 2018 Budget (delivered on 29 October 2018), the government stated that PF2 will not be used for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). That said, existing PFI and PF2 arrangements will remain in operation and, given the usual term of such projects, are expected to continue for many years... Project Agreement This is the core contract in any PFI arrangement. It records the full set of terms and conditions governing the relationship between the Authority and Project Co/ SPV for the life of the project. Where Project Co/ SPV is granted a concession (ie the exclusive right to...
This Practice Note explores the purpose of a direct agreement in the specific setting of a PFI or PF2 project. It outlines the types of direct agreement commonly provided and explains how such an agreement operates, including the mechanics of step-in rights. It also clarifies the distinction between direct agreements and collateral warranties within PFI and PF2 arrangements. In the 2018 Budget (delivered on 29 October 2018), the government announced it would cease using PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). This approach was confirmed in the National Infrastructure Strategy in 2020. Existing PFI and PF2 projects will nevertheless continue and, given their usual lifespan, are likely to run for many years. What are direct agreements? A direct agreement is a relatively brief tripartite contract. Its primary aim is to enable the beneficiary under that...
This Practice Note examines the standardisation of contracts for PFI and PF2, and evaluates the practical application of model form agreements. Background The tradition of model, or standard form, contracts within the PFI arena is longstanding. Before HM Treasury’s July 1999 release of version 1 of ‘ Standardisation of PFI Contracts’, the Treasury Taskforce for Projects had produced a range of Technical Notes offering guidance and drafting, which subsequently shaped a host of sector-specific or project-type-specific model project agreements and related contracts. Version 1 of Standardisation of PFI Contracts was brought forward largely in response to the second PFI review conducted by Sir Malcolm Bates, commissioned on 12 November 1998, undertaken in parallel with Peter Gershon’s assessment of central government civil procurement. A principal theme of Bates’s second review was the drive to consolidate and enhance central coordination in PFI...
This Practice Note examines the change protocol—sometimes called the change mechanism—commonly included in the Project Agreement for a PFI or PF2 (occasionally termed PFII) project. It explores why the change protocol exists, the categories of change, the steps for implementing change, the effects of change, and the ramifications under procurement law. In the 2018 Budget (delivered on 29 October 2018), the government confirmed it would cease using PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, the government has indicated it will continue to back private investment in infrastructure, and certain elements of the established drafting may still have relevance in those circumstances. Moreover, live PFI and PF2 arrangements will remain in operation and, given the usual duration of such arrangements, are expected to run for many years. Accordingly, while PF2 will not be pursued for fresh...
Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a...
This Practice Note offers a high-level overview of the Private Finance Initiative ( PFI), outlining what PFI entails, how a standard PFI project is put together, and its core features. It also covers PFI’s successor, ‘ PF2’. In the 2018 Budget, delivered on 29 October 2018, the government stated that PF2 will not be used for new projects. Even so, existing PFI and PF2 schemes will continue, and, given the usual lifespan of these arrangements, they are likely to run for many years. What is PFI? PFI is a way to procure the design, construction and operation of public services and public sector infrastructure such as hospitals, schools, leisure facilities, social housing, waste management, emergency services, defence, roads and highways, social care and prisons. Introduced in 1992 by the Conservative government and later keenly adopted by their Labour successors, it was regarded as a...
ARCHIVED: This Practice Note is archived and no longer maintained. Last updated April 2016 This archived Practice Note gives an overview of the government’s National Infrastructure Plan ( NIP), outlining its nature, the sectors it encompassed, and its intended outcomes. On 23 March 2016, the Infrastructure and Projects Authority issued the National Infrastructure Delivery Plan 2016–2021, which superseded the NIP. For details see Practice Note: National Infrastructure Delivery Plan 2016—2021. What was the National Infrastructure Plan? Launched in October 2010, the NIP set out the government’s long-term strategy for the UK’s infrastructure, covering both development and renewal, and explained how that vision would be delivered through investment to 2020 and beyond. The fifth and final iteration appeared in December 2014, with each edition building on and refining the first. It was prepared by Infrastructure UK, a unit within HM Treasury that advised the government on the UK’s...
ARCHIVED: This Practice Note has been archived and is not maintained. The Infrastructure and Projects Authority (' IPA') released the National Infrastructure Delivery Plan 2016–2021 (' NIDP') on 23 March 2016. It set out investment plans for infrastructure projects and programmes throughout the UK to 2020–2021 and beyond. It also explained the government’s approach to financing, procurement, delivery and monitoring of those initiatives. The NIDP replaced the National Infrastructure Plan (' NIP'), first issued in October 2010 and subsequently updated. For further details on the NIP, see Practice Note: The National Infrastructure Plan [ Archived]. Unlike the NIP, the NIDP included commitments for social infrastructure alongside housing and regeneration, as well as investment in 'economic infrastructure'. On 23 March 2016, the IPA also brought forward the Government Construction Strategy 2016–2020. For more information, see Practice Note: Government Construction Strategy 2016–2020 [...
Practice Note This note outlines the Finance Act 2009 ( FA 2009) penalty framework for late payment of: income tax and Class 1 NICs collected through pay as you earn ( PAYE) student loan deductions income tax due under the Construction Industry Scheme ( CIS) Class 1A and Class 1B NICs the apprenticeship levy Overdue liabilities also attract interest; see Practice Note: Interest on late paid tax. How late payment penalties are worked out depends on the payment cycle: monthly or quarterly (this is usually the position for income tax and Class 1 NICs under PAYE, student loan deductions, CIS payments and apprenticeship levy payments), or annually (for Class 1A and Class 1B NICs) Penalties on late-paid self assessed income tax (rather than amounts settled via PAYE) are dealt with in Practice Note: Late payment...
ARCHIVED: This Practice Note has been archived and is not maintained. On 23 March 2016, the Infrastructure and Projects Authority (‘ IPA’), which reports to HM Treasury and the Cabinet Office, unveiled the Government Construction Strategy 2016–2020 (the ‘ Strategy’). It set out how government intended to strengthen its role and capability as a construction client. This Practice Note examines a selection of the key information contained in the Strategy as released on 23 March 2016. It does not consider any developments occurring after that date or address later changes. Readers of the Strategy should note the Government Construction Pipeline and the National Infrastructure Pipeline (mentioned below) were subsequently updated and brought together as the National Infrastructure and Construction Pipeline, first issued on 5 December 2016......
ARCHIVED: This Practice Note has been archived and is not maintained. Last updated April 2016 The Government Construction Strategy (‘the Strategy’) was introduced in May 2011 to overhaul public sector construction procurement by championing efficiency, fostering innovation and stimulating growth across the industry. Its core objective was to cut the cost of government construction by 15–20% before the close of the parliamentary term, aligning with Infrastructure UK’s three‑year Infrastructure Cost Review programme. The government’s One Year On update, issued in July 2012, showed that applying the Strategy’s principles had already delivered savings within the year and reduced whole‑life project costs. On 23 March 2016, the Infrastructure and Projects Authority released the Government Construction Strategy 2016–2020, presented as a continuation of the achievements of the Government Construction Strategy 2011–2015. It recorded £3 billion in efficiency savings between 2011 and 2015. For further details on the...
The UK government released the Construction Playbook (‘the Playbook’) in December 2020, honouring the commitment in the National Infrastructure Strategy issued on 25 November 2020 (see News Analysis: The National Infrastructure Strategy—infrastructure commitments and planning reforms). The Playbook sets out the government’s policy, strategy and principal objectives for the procurement of public works and construction projects from 2020 onwards. For background on the earlier approach to construction, refer to Practice Note: Government Construction Strategy 2016–2020 [ Archived]. An updated edition appeared in September 2022, accompanied by standalone guidance on modern methods of construction, longer-term contracting programmes, advancing net zero carbon and sustainability, engagement with the market, suppliers and supply chains, and recommendations arising from a review of public sector construction frameworks. Purpose, aims and objectives of the Playbook The Playbook’s purpose is to describe how government will procure projects by...
Traditionally, landfill dominated waste treatment in the UK, largely because past mineral extraction left plentiful suitable sites. Since the mid‑1990s, though, practice has shifted as the climate implications of waste management have been recognised and legislation has made landfill less appealing. These shifts have, in turn, encouraged the growth of waste to energy plants, which take waste and convert it into usable energy. Outputs include electricity and heat, alongside commodities such as transport fuels or natural gas. Many new facilities are being developed with energy generation, as well as waste management, as a central part of their role. Each year the UK produces substantial volumes of waste. Government data indicates the UK generated around 32.6 million tonnes of commercial and industrial waste in 2023, down from 40.4 million tonnes in 2020. Household waste was over 25 million tonnes in 2023 compared with 27...
This Practice Note surveys construction and engineering activity within the UK defence arena. It summarises the Ministry of Defence ( MOD)’s spending and procurement approach, the applicable public procurement regime, the Defence Reform Act 2014 ( DRA 2014) and Single Source Contract Regulations 2014 ( SSCR 2014), plus the deployment of standard form construction contracts. While the DRA 2014 and SSCR 2014 continue to underpin MOD procurement, the framework is shifting. The Procurement Act 2023 ( PA 2023), refreshed NEC4 frameworks, and enhanced sustainability and SME objectives signal a sustained focus on openness, value for money, and innovation across the defence estate. A significant reorganisation of UK defence commenced in 2025 through the Strategic Defence Review and Defence Reform programme. This Practice Note captures policy and legislative updates to October 2025, including developments under PA 2023, the MOD SME Action Plan...
This Practice Note concerns the VAT domestic reverse charge ( DRC) for building and construction services, which took effect on 1 March 2021. Why does this matter? The reverse charge brings substantial accounting and verification consequences for building contractors and comparable trades, and may affect their clients. It impacts cashflow, and there is a danger of VAT being applied in error, leaving businesses open to assessments and penalties if they attempt to reclaim it as input tax. Carefulness is essential, and the status will need confirming before monies are released. Many issues are best tackled at the outset, within construction contracts. What is a reverse charge? A reverse charge is a method by which the customer, rather than the supplier, accounts for any VAT due. As a result, customers settle only the net value with their suppliers, and suppliers should not add VAT to their charges....
Why are construction products regulated? Construction products are regulated to: confirm that any item entering the market meets all legal obligations, and build trust among consumers, public authorities and manufacturers regarding product conformity What sort of products are affected? ‘ Construction product’ means any product or kit manufactured and placed on the market for permanent incorporation in construction works, or their parts, where its performance affects how those works satisfy the basic requirements. This includes items such as doors, windows, shutters and gates, membranes, thermal insulation, chimneys and flues, sanitary appliances, fire alarms, flooring, fire-retardant products, space heating appliances, power cables, glass, fixings, and many others. Key definitions Placing on the market ‘ Placing on the market’ is the first time a construction product is made available on the GB market, as described in UK government guidance. Making available on the market ‘ Making available on the market’ means any supply of a...
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction horizon scanner tracks key forthcoming developments of interest to construction lawyers. When a development takes place, it is moved into the archive for the relevant year. This page is the archive for events that occurred in 2019. For case law, see: Construction law case tracker. Legislation What happened VAT reduced rate for energy-saving materials: the Value Added Tax ( Reduced Rate) ( Energy- Saving Materials) Order 2019, SI 2019/958, came into force. When? 1 October 2019 Find out more See: LNB News 21/05/2019 49. Note that the Order replaces SI 2019/954, which was withdrawn and re-registered as SI 2019/958 (see: LNB News 21/05/2019 84). Fire safety What happened? Building regulations ( Scotland): amendment to the Building ( Scotland) Regulations 2004, SSI 2004/406, under the Building ( Scotland) Amendment Regulations 2019, SSI 2019/210. The amendment required buildings to be designed and built so that the...
Early neutral evaluation Early neutral evaluation is a type of alternative dispute resolution in which the parties invite an independent third party to provide a view on the merits of the case, or on particular issues within it. The evaluator will typically be a legal professional or a specialist in the relevant field. See Practice Note: Early Neutral Evaluation ( ENE). Early warning The early warning process features most prominently in the NEC3/ NEC4 suite of contracts, although the concept also appears in some other standard forms. It obliges the contracting parties to notify each other, as soon as either becomes aware of any matter that might increase the total cost, delay completion, or reduce the performance of the finished works, allowing the issue to be tackled proactively. For further details on the NEC context, see Practice Note: NEC—risk management ( The early warning...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk ( CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Facilities management Facilities management contracting is, at its core, a commercial services contract arrangement, covering ‘ Hard FM’ (relating to the upkeep and fabric of a building, for example mechanical and electrical systems), ‘ Soft FM’ (relating to in-building support functions such as cleaning, security and helpdesk services) or ‘ Total FM’ (which can combine a number of hard and soft facilities management services), as required within buildings. See subtopic: Facilities management for construction lawyers. Fédération Internationale des Ingénieurs- Conseils ( FIDIC) The International Federation of Consulting Engineers. FIDIC issues a suite of standard-form contracts for deployment on international construction projects. In common usage, ‘ FIDIC’ typically refers to that family of contracts rather than the institution itself. See...
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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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