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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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ARCHIVED: This Practice Note has been archived and is no longer maintained or updated. TUPE 2006, PF2s and other PPPs Public/private partnership ( PPP) projects, including Private Finance 2 ( PF2) initiatives, may involve transfers of undertakings and changes to service provision that fall within the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246. TUPE 2006 was revised in several aspects, including service provision changes, by the Collective Redundancies and Transfer of Undertakings ( Protection of Employment) ( Amendment) Regulations 2014, SI 2014/16. Where it is uncertain whether TUPE 2006 applies as a strict matter of law, wider political pressures often, in practice, lead the parties to proceed on the basis that it does, which is frequently reflected in the project documentation itself. Guidance on staff transfers in the public sector Alongside meeting the statutory duties in full under TUPE 2006 (as...
This How to Guide outlines how to obtain a Traffic Regulation Order ( TRO), including Temporary Traffic Regulation Orders ( TTROs), extensions, diversion routes, closures by notice, emergency safety closures, event closures, and who must be consulted... Temporary Traffic Regulation Orders Local authorities ( LAs) will generally try to avoid making a TTRO where a safe alternative is available, with user safety front of mind and recognising that different path statuses serve different user groups. Although a temporary closure is often the most suitable approach, keeping half the path open or deploying a banksman may sometimes be required... LAs are very unlikely to shorten lead‑in times for closure applications. These timescales allow applications to be processed and adverts to be placed in the local press and online, as LAs have a legal obligation to provide sufficient public...
What is Treasury Management? Local authorities across England and Wales possess wide-ranging powers to borrow and invest. The way these activities are undertaken is chiefly shaped by the Local Government Act 2003 ( LGA 2003) and the statutory instruments made under it. Treasury management, covering both borrowing and investments, sits within the Prudential funding framework created by the LGA 2003. When exercising these powers, authorities must have regard to several sources of guidance: Guidance from the Secretary of State (third edition in force from 1 April 2018) Chartered Institute of Public Finance and Accountancy ( CIPFA) Treasury Management Code of Practice (2021 edition) CIPFA Prudential Code (2021 edition) Government response to the consultation on changes to statutory guidance and regulations: Minimum Revenue Provision This guidance is updated from time to time to mirror the evolving context for local...
Definitions Section 64(1) of the Road Traffic Regulation Act 1984 ( RTRA 1984) defines a traffic sign as any object or device, whether fixed or portable, used to convey to traffic on roads, or to any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any kind, either (a) specified by regulations made by the relevant authority or (b) authorised by the relevant authority; it also covers any line or mark on a road employed for conveying such warnings, information, requirements, restrictions or prohibitions. The definition therefore spans the sign types familiar to road users, namely: warning signs (typically triangular with a red border) mandatory prohibition signs (typically circular with a red border) mandatory signs (typically circular and blue) information signs (typically rectangular) This last group includes direction signs, place name signs and street name signs, and also road surface lines: yellow (and...
Much of consumer protection law is policed by local authorities’ Trading Standards teams. Every authority keeps an investigations and enforcement policy aligned with the Regulators’ Code. These Trading Standards policies, published on each authority’s website, set out their enforcement approach and the principles that inform any action they take. In addition, the policy for each authority explains its enforcement approach and the core principles that underpin any enforcement action that authority may take. Once an investigation or prosecution begins, defence representatives should review the relevant authority’s enforcement policy to check, and keep under review, that it is being applied as written. For more on the Regulators’ Code, refer to Practice Note: The Regulators’ Code. Under section 222 of the Local Government Act 1972 ( LGA 1972), if an authority judges it expedient to protect or promote the interests of people in its area, it may...
This Practice Note explains how to make an application for a third party debt order ( TPDO). It outlines the appropriate court in which to apply, identifies the correct form to file ( Form N349), and emphasises the requirement for full and frank disclosure. It also covers when and what must be served after an interim TPDO is made, the evidence to be lodged ahead of the final hearing, and the court’s likely approach to that hearing. Note: With effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) were renamed the Civil National Business Centre ( CNBC). This Practice Note supplies guidance on the steps to obtain a TPDO. For the overarching principles—such as which debts can be caught, the impact of a TPDO, and debtor hardship payments—see Practice Note: What is a third party debt...
What is the background to third party access to private electricity networks? Over time, successive UK measures and, before the UK’s withdrawal from the EU (see: Brexit: Energy—overview), European legislation have driven the unbundling of electricity retail from the ownership and operation of monopoly networks. Users connected to networks exempt from these duties did not share meaningfully in the uplift in retail competition. So‑called ‘private wires’ sit within many types of estate—from industrial parks and hospitals to university campuses and airports—and also arise in certain new‑build energy or multi‑utility services company arrangements and models. In Citiworks AG v Sächsisches Staatsministerium für Wirtschaft und Arbeit als Landesregulierungsbehörde, the Court of Justice of the European Union (formerly the European Court of Justice) voiced concerns about the impact of such exemptions on the integration of European energy markets and decided that customers must be able to access...
The right to roam over open land shares traits with the ability to move from A to B that defines a public highway, yet it exists solely by statute. It is chiefly contained in the Countryside and Rights of Way Act 2000 ( CRWA 2000). Unlike highway rights, roaming requires no fixed origin or destination in either use or definition. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside users. CRWA 2000 was brought in to clarify and broaden the public’s right to walk across open countryside. The legislation’s assorted regulations and restrictions make plain that walking is allowed, while walkers must respect the rights of other countryside...
The Pensions Regulator The Pensions Regulator ( TPR) is the statutory authority overseeing occupational pension schemes, with a view to, among other aims, safeguarding members’ benefits, minimising calls on the Pension Protection Fund, and promoting and improving understanding of the good administration of work‑based pension schemes. Its remit also extends to UK public service schemes. TPR supplies guidance, education and training, and practical assistance to support scheme managers, pension boards, administrators, employers and others in meeting legal obligations while striving for best practice. It collaborates with scheme advisory boards so its message and guidance reach the widest possible audience. Where it considers it necessary, TPR has said it is willing to deploy its powers in relation to public service pension schemes. Detailing particular cases falls outside the scope of this Practice Note. Nonetheless, TPR has confirmed it has exercised its powers in the public service pension...
Scope of this Practice Note This Practice Note addresses preparing a contract termination notice for breach, together with, where suitable, a without prejudice offer letter to resolve any claim stemming from the termination. It pinpoints the principal issues to assess and explains, in detail, the context underpinning the drafting of each of our bespoke termination notice Precedents and the context behind them. It also considers multiple bases for terminating, and the choice between relying on an express contractual right to terminate or proceeding at common law for repudiatory breach when both avenues exist, ensuring your termination notice is valid and evaluating whether, if deemed appropriate, to enclose it with an offer to settle any liability arising from the breach. For guidance on using our related bespoke notice of breach Precedents, see Practice Note: Drafting notices of breach of...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023. Procurements started under the earlier frameworks—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. Under this regime, tender notices replace contract notices under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102. For practical guidance on contract notices under PCR 2015, see Practice Note: Prior information notices and contract...
Deposits requested by landlords and letting agents for certain residential tenancies must be safeguarded by a tenancy deposit scheme ( TDS), whether insurance-based or custodial. This Practice Note outlines the purpose of the deposit legislation, the obligations on landlords, the financial penalties for non-compliance, and the limits on regaining possession. The deposit regime All deposits taken by landlords for residential assured tenancies ( ATs) in England must be protected under a TDS. Transitional provisions exempt tenancies that were non-shorthold ATs before 1 May 2026. The parties cannot contract out of these duties. There are two forms of TDS: insurance-based schemes and custodial schemes. They are intended to: allow tenants to recover all or part of their deposit when they are entitled to it and make any disputes easier to resolve encourage landlords and tenants to agree clearly from the outset on the...
ARCHIVED: This Practice Note is archived and is not being maintained at the present time. It outlines the temporary easing of duties on local authorities ( LAs) concerning assessments of Education, Health and Care needs, and the delivery of provision within their local authority area. It sets out what has altered in respect of statutory obligations and the relaxation of timescales by which an LA must act, to accommodate extreme pressures on resources and a possible shortage of key staff for the duration of pandemic management. These easements are permitted only where the justification relates to the incidence or transmission of coronavirus ( COVID-19). Coronavirus ( COVID-19) response In March 2020, the Coronavirus Act 2020 ( CA 2020) was published and, within it, the Secretary of State was empowered to give a notice that disapplies or modifies certain legal duties due to coronavirus...
This Practice Note sets out the process for securing an order to extinguish vehicular rights over a highway and what the order should encompass. Section 249 of the Town and Country Planning Act 1990 ( TCPA 1990) allows an order extinguishing vehicular rights on a highway to be made when specified conditions are met. The provision is principally employed for pedestrian schemes or to create a cul-de-sac from a side road that would otherwise run onto a busy main route. It can also be used to remove vehicular rights on a byway open to all traffic. See Practice Note: Public rights of way. Commencing closure of a highway is only possible where a planning authority resolves that the measure is required to enhance the amenity of its local area. Procedure for making orders The procedure for making orders under TCPA 1990, s 249 is...
This Practice Note addresses a number of issues arising where a taxi or private hire vehicle engages in ‘touting’ or seeking custom for business. The areas covered are: terminology offence under the Criminal Justice and Public Order Act 1994 ( CJPOA 1994) statutory defences prosecution and sentencing reforms in the law Terminology ‘ Private Hire Vehicle’ ( PHV) is an umbrella term for minicabs, executive cars, chauffeur-driven services, limousines and certain school or day centre transport. Every PHV journey must be pre-booked via a licensed PHV operator and is subject to a ‘triple licensing lock’: the operator that takes the booking must use drivers and vehicles licensed by the same authority that granted the operator’s licence. In contrast, ‘taxis’—such as licensed black cabs or hackney carriages—can be hired instantly by hailing on the street or from a rank. As no operator booking is needed, taxis sit outside the triple...
Deregulation Act 2015 On 1 October 2015, sections 55A and 55B were added to the Local Government ( Miscellaneous Provisions) Act 1976 ( LG( MP) A 1976) by section 11 of the Deregulation Act 2015 ( DA 2015). As a consequence, a private hire operator licensed in one district may pass a booking to another private hire operator situated anywhere in England (excluding Plymouth, which regulates the private hire trade under a local Act) and in Wales, London or Scotland. See Practice Note: Taxi licensing. This broader flexibility for the private hire market has introduced further enforcement challenges for local authorities, notably within large conurbations made up of multiple councils. In turn, some of the affected authorities have strengthened collaboration on enforcement and moved towards more consistent policies, though this is not universal. The Taxis and Private Hire Vehicles ( Safeguarding and Road Safety) Act 2022...
The Taking Control of Goods legislation The taking control of goods ( TCG) regime comprises two distinct processes: TCG—superseding the former writs of fieri facias and warrants of execution used to enforce judgment debts Commercial rent arrears recovery ( CRAR)—replacing the previous distress for rent procedure for commercial rent arrears This Practice Note addresses only the TCG route. For CRAR, see Practice Note: Commercial rent arrears recovery ( CRAR). The TCG framework is set out in several interrelated instruments: Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) The Taking Control of Goods Regulations 2013, SI 2013/1894 ( TCG Regulations) The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 ( Fees Regulations) Certification of Enforcement Agents Regulations 2014, SI 2014/421 ( Certification Regulations) CPR 83– CPR 85 Together, these provisions operate as an essentially self-contained procedural code governing all aspects of TCG. For many practitioners, detailed engagement with this...
STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016 and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those rules. See Practice Note: Introduction to public contracts procurement. This guidance sits within the PA 2023 regime. It offers practical direction on public procurement under PA 2023; for materials on the former framework, see Practice Notes: Eligibility and selection in public procurement—exclusion criteria and Eligibility and selection in public procurement—selection criteria. This Practice Note addresses the PA 2023 selection and exclusion regime, in...
This Practice Note outlines guidance on the standards expected of accommodation provided by a local housing authority ( LHA) when fulfilling its housing duty under Part VII of the Housing Act 1996 ( HA 1996), including how suitability is evaluated. For details on how an applicant might challenge suitability, see Practice Note: Homelessness review and appeal. Statutory guidance was published on 22 February 2018 to align with the commencement of the Homelessness Reduction Act 2017 on 3 April 2018, and is updated on a regular basis. Throughout this Practice Note, that guidance is termed the ‘ Homelessness code of guidance for local authorities’ (the Code). Discharging the housing duty All accommodation arranged by an LHA in performance of its housing duties under HA 1996, Pt VII must be suitable. This includes accommodation obtained in exercise of an LHA’s interim powers and duties, such as the duty in HA...
Unlike other education sub-sectors, UK higher education has been slow to embrace standardised contract templates. Nevertheless, every HE provider uses student contracts to set out core duties and ensure compliance with consumer law and student protection requirements. This Practice Note explores the legal nexus between students and their HE institutions, with particular attention to the point at which that relationship crystallises into a contract. It also addresses regulatory obligations arising from statute and the effects of regulatory scrutiny... Legal status of relationship with students Universities take a variety of legal forms. Traditionally, many have been established by Royal Charter (for eg Oxford and Cambridge) or by bespoke Acts of Parliament (for example, the University of London). Others are incorporated as companies under the Companies Act 2006. See Practice Note: University governance in England. Higher education corporations were introduced by the Education Reform Act 1988, which also...
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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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