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
Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the measures for tackling anti-social behaviour ( ASB), seeking to bring remedies together and make their use simpler and more effective. In July 2014, the government released fresh statutory guidance, ‘ Reform of anti-social behaviour powers: statutory guidance for frontline professionals’. That guidance was refreshed in August 2019 and again in January 2021 to incorporate the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced ABCPA 2014, Pt 2, and it has been updated regularly since. The opening section of the statutory guidance prioritises victims, placing them at the heart of the response to ASB. Across the document there is a strong focus on ensuring the powers are deployed properly and in proportion to the particular conduct creating harm or...
Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...
Air quality regulation in England and Wales is interconnected, arising from European law and international agreements, alongside a range of national initiatives. For a summary of pollution controls, see Air pollution—overview, which also provides links to Practice Notes covering numerous elements of air quality. Those materials signpost guidance covering many facets of air quality in detail, via linked Practice Notes. The Environment Act 2021 and the Environment ( Air Quality and Soundscapes) ( Wales) Act 2024 Air quality is a devolved area; while the UK government leads on implementation of international legislation, internal controls may differ between nations. This note examines any divergence only for England and Wales. Part 4 of the Environment Act 2021 ( EA 2021) sets out clear commitments to achieving clean air, reflecting the 25- Year Environment Plan and elaborated in the Clean Air Strategy. For further detail on the Clean Air...
FORTHCOMING CHANGE : On 27 October 2025, the Renters’ Rights Act 2025 officially obtained Royal Assent. For further advice and guidance on how the Act affects residential tenancies in England, please consult Practice Note: Renters’ Rights Act 2025—key provisions. Residential flat schemes can be set up by several different methods in practice. These options are outlined in detail within Practice Note: Residential flat schemes— Alternative schemes. This Practice Note concentrates on the broader matters to assess when representing a purchaser of a flat in any residential flat scheme. For more detailed analysis of the pros and cons of holding a freehold unit in a commonhold, compared with a leasehold interest in one of those schemes, please refer to Practice Note: Residential flat schemes—leasehold v commonhold......
FORTHCOMING CHANGE : On 27 October 2025, the Renters’ Rights Act 2025 obtained Royal Assent. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Distinguishing between categories of private residential tenancy turns on the date the tenancy was created and the legislation then in force. This Practice Note surveys the principal forms of private residential tenancy in England and examines four categories: regulated tenancies under the Rent Act 1977 ( RA 1977) assured tenancies under the Housing Act 1988 ( HA 1988) assured shorthold tenancies under HA 1988 common law tenancies In Wales, most private residential tenancies are occupation contracts under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), which commenced on 1 December 2022 and abolished various tenancy types, including assured and assured shorthold tenancies. Existing assured and assured shorthold tenancies were...
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note. To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed. Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land. This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements. What are street-opening powers? Section 10 and Schedule 4 of the...
What is advertising (ad) fraud? Advertising (ad) fraud encompasses deceptive or unlawful activity across the advertising ecosystem, spanning scams served through adverts to technical ruses that overstate ad performance. It also covers scams delivered via adverts and technical schemes devised to inflate metrics such as impressions or clicks. As the Internet Advertising Bureau ( IAB) frames it, this includes the intentional creation of bogus—often non-human—traffic to siphon money from the advertising marketplace. Although it appears in many guises, it is typically characterised by bot-driven interactions, deliberate misrepresentation, or circumstances where adverts have a slim likelihood of being viewed by genuine people. Robust UK-specific figures are scarce; nevertheless, multiple global datasets indicate losses in the billions and rising swiftly. The consequences are felt by consumers as well as organisations operating within the advertising ecosystem. UK regulators have intensified their focus on ad fraud, with fresh...
This Practice Note summarises structural changes orders made under the Local Government and Public Involvement in Health Act 2007 ( LGPIHA 2007). For additional local government reorganisation ( LGR) materials, see: Local government reorganisation ( LGR)-overview and the Practice Notes: Local government reorganisation ( LGR)-tracker, Local government reorganisation ( LGR)-quick guide and Local government reorganisation ( LGR)-key resources... What is a structural changes order? A structural changes order is a statutory instrument that reshapes local government within a specified area. It removes existing arrangements, establishes new authorities and may widen the boundary of an existing single-tier authority on a set date... Anatomy of a structural changes order Sets out transitional steps for moving functions, property, rights and liabilities from outgoing authorities to successor bodies. Provides for first elections to the new authority or authorities, including warding, councillor totals, terms of office and vacancy...
On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...
IP rights must be actively safeguarded and enforced to preserve their value. This Practice Note explores the enforcement of your IP rights. It outlines why prevention, surveillance and the gathering of infringement evidence matter, before setting out practical options for responding to an infringement. For guidance on protecting IP, see Practice Note: How to protect your IP. For fuller guidance on disputes, see Practice Note: How to run an IP dispute. What is IP infringement? When IP rights are breached, this is commonly called IP infringement. It arises where protected products, works or inventions are exploited, copied or otherwise used without the right holder’s permission or consent. Most infringements are civil matters; however, some conduct can amount to a criminal offence. Criminal IP offences usually involve dealing in fake branded (ie counterfeit) or pirated products. For more detail, see Practice Notes: Trade mark offences and...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
What is a Royal Charter? The meaning of the term ‘ Royal Charter’ has shifted over the centuries. At first, it was the method by which the Crown bestowed corporate personality on bodies of persons undertaking activities for public, or private, benefit. In contemporary use it largely signifies an honorary status, awarded to distinguished professional bodies or charitable organisations that can show a record of achievement and are regarded as financially sound by the Privy Council. The expression is also applied to municipal charters, which create towns and cities. Historical usage Securing a Royal Charter was the earliest route to obtain corporate personality for bodies of persons carrying out activities for public, or private, benefit. Key early grants included: The University of Cambridge in 1231 for public benefit; The Sadlers Company in 1272 for private benefit. Beyond educational institutions, such as...
Rights of way strategy formulation In 1987, the Countryside Commission formally set a national objective for Rights of Way. The intention behind this target was that, by 2000, every right of way would be legally defined, suitably maintained, and clearly publicised. Subsequent surveys in 1988 indicated that the likelihood of completing a two‑mile walk was no better than one in three. Although the national aim was widely supported, it rapidly became apparent that a government‑sponsored strategic framework, preferably tied to funding mechanisms, was necessary to be put in place. In response, the Countryside Commission introduced the ‘ Milestones Approach’ and required authorities to adopt it if they wished to draw on available grant‑aid funding schemes. Under this approach, authorities had to prepare a strategy document (a ‘ Milestones Statement’) setting out a clear sequence of milestones (benchmarks) for achieving each of the national target areas:...
Practice Note: Orders under section 91(14) of the Children Act 1989 This Practice Note outlines the overarching principles governing orders made pursuant to section 91(14) of the Children Act 1989 ( Ch A 1989), which operate to restrain further applications under that Act unless and until the court grants leave. It identifies the prerequisites for an order under Ch A 1989, s 91(14) (s 91(14) orders), the period an order may run, and the matters the court ought to weigh. It then addresses guidance for cases involving litigants in person. Ch A 1989, s 91(14) states that, when disposing of any application for an order under Ch A 1989, the court may direct that no application for an order under that Act of any specified kind shall be issued concerning the child in question by any person named in the order without the court’s leave. This...
Expert determination is a form of alternative dispute resolution ( ADR). This Practice Note outlines expert determination for technical or contract interpretation disputes. It describes the process, addresses how the parties agree to select or appoint the expert, and considers the expert’s jurisdiction. It also covers the binding effect of the expert’s decision, as well as procedure, limitation and potential claims against experts. For general guidance on ADR and other options, see the following Practice Notes: What is ADR? Which form of ADR? What is expert determination? Expert determination is a binding mechanism where an independent expert in the relevant discipline decides a dispute between parties in accordance with provisions they have agreed. It is most often used where an existing agreement provides for referral of a particular issue to an expert. It is especially suited to technical disputes, such as: Rent...
Introduction Part 5 of the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) set out fresh frameworks for debt management and relief, though some measures remain unimplemented. Although designed to help individuals manage indebtedness more effectively, these changes plainly carry consequences for creditors looking to enforce judgments against such individuals. Through amendments to the County Courts Act 1984, TCEA 2007, s 106 created a new administrative route for debtors without business debts whose income is above what is required for their reasonable needs. TCEA 2007, s 106 has not yet been commenced By further amendment to the County Courts Act 1984, TCEA 2007, s 107 introduced a mechanism allowing a debtor experiencing a ‘sudden and unforeseen deterioration in their financial circumstances’ to seek an enforcement restriction order ( ERO). TCEA 2007, s 107 has not yet been...
The purpose of a statutory demand The purpose of a statutory demand is to demonstrate that a company cannot pay its debts, rather than the creditor relying on section 123(1)(e) or section 123(2) of the Insolvency Act 1986 ( IA 1986). A statutory demand is a written demand, in the prescribed form, for a debt over £750, served on a company by leaving it at the company’s registered office ( IA 1986, s 123(1)(a)). This threshold is not altered by the increase in the bankruptcy level for bankruptcy petitions from £750 to £5,000 that came into force on 1 October 2015. If the statutory demand is left unpaid and is not disputed, the company is treated as unable to pay its debts, giving a creditor grounds to present a winding-up petition against the company. When not to use a statutory demand A statutory demand should not be used...
Background to Planning Gateway One In the aftermath of the Grenfell Tower tragedy on 14 June 2017, the government asked Dame Judith Hackitt to lead the Independent Review of Building Regulations and Fire Safety. The review stressed the need to overhaul the fire and building safety system and advised that, when local planning authorities ( LPAs) consider planning submissions, certain minimum fire safety matters must be addressed with input from suitably qualified experts. From June 2019 to April 2020, the government consulted on ‘ Building a safer future: proposals for reform of the building safety regulatory system’. This introduced ‘ Planning Gateway One’ in England, comprising two principal elements: requiring developers to submit a fire statement, setting out fire safety considerations specific to the development, with any relevant application for planning permission involving one or more relevant buildings; and ...
This Practice Note outlines the consequences of failing to attend for questioning under an order made pursuant to CPR 71.2. Sanctions may include a suspended order penalising the non-compliance and, ultimately, the issue of a warrant for arrest or committal. It also offers guidance on how the relevant CPR provisions should be construed and applied. Depending on the court handling your case, you may need to consider additional requirements-see further: Court specific guidance below. For an overview of the CPR 71 regime, eligibility to use it, and procedural steps, see: Practice Note: Obtaining information about judgment debtors under CPR 71-general principles Practice Note: Obtaining information about judgment debtors under CPR 71-making the application Practice Note: Obtaining information about judgment debtors under CPR 71-the examination A streamlined contempt procedure CPR 71.8 sets out a simplified route to obtain an order punishing a person who has not...
This Practice Note explains liability for business rates, the three categories of taxpayer recognised by the Local Government Finance Act 1988 ( LGFA 1988) (occupiers, owners and persons named in central rating lists), and outlines the meaning of ‘hereditament’, rateable occupation and matters concerning tenant fit-out works... LGFA 1988 sets out three kinds of ratepayer: occupiers owners persons named in central rating lists Occupiers An occupier is anyone who, on any day in a chargeable financial year (a 12-month period beginning on 1 April), occupies all or part of a hereditament that appears for that day in the current local non-domestic rating list... Owners An owner is the person with the right to possess the hereditament. They are liable to be rated where: the hereditament is empty they are entitled to the whole hereditament shown for the day in the current local...
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
