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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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This Practice Note highlights the risks in mixed use developments that may arise where residential leaseholders of flats exercise: their collective right of pre-emption their collective right to acquire the freehold their collective right to manage the individual right to obtain an extended lease It also reviews the typical structuring approaches adopted to lessen the impact of those rights. Why is structuring a mixed use scheme important? Mixed use developments combine one or more buildings in commercial, retail and/or industrial use with an element of residential accommodation. Even if the residential part is merely ancillary to the principal commercial purpose, such schemes must be handled with particular care. Common pitfalls and challenges include: Right to buy/right of pre-emption — The Landlord and Tenant Act 1987 ( LTA 1987) grants qualifying long lease residential tenants a collective right of first refusal to...
This Practice Note outlines the procedure for statutory undertakers and holders of street works licences to use the highway for utility works and apparatus under the statutory framework in the New Roads and Street Works Act 1991 ( NRSWA 1991) and other enabling legislation. It explains who qualifies as statutory undertakers and sets out the duty of care owed, both under statute and at common law, to other highway users. Street works at common law At common law, interfering with the surface of a highway amounts to a nuisance. In the nineteenth century, utility companies seeking to route underground pipes and cables along highways—though these were the most obvious corridors—were, in the absence of statutory powers, restrained by the courts from placing their apparatus. The Sheffield Gas and Cambridge Gas cases illustrate this principle. Street works—liability in negligence Even where legislation authorises...
Background Chapter 4 of the Levelling-up and Regeneration Act 2023 ( LURA 2023), which obtained Royal Assent on 26 October 2023, adds sections 61QA to 61QM into the Town and Country Planning Act 1990 ( TCPA 1990). These provisions establish a new route for planning consent called street vote development orders ( SVDOs), enabling local residents to put forward development on their own street and then ballot on whether planning permission should be granted. SVDOs will confer planning permission for defined street areas in England. At present, and only for limited purposes, TCPA 1990, ss 61QA–61QM are commenced in so far as they confer powers to make regulations and for certain minor and consequential changes set out in LURA 2023, Sch 9. Otherwise, they have not yet taken effect; they will commence on a date to be appointed, with subsequent...
There are five essential stages to boosting efficiency overall consistently: define precisely which process requires improvement (covered in this Practice Note) measure the issue clearly (see Practice Note: Improving efficiency: Step 2—measure the problem) analyse the relevant data (see Practice Note: Improving efficiency: Step 3—analyse what is causing the problem) enhance the process meaningfully (see Practice Note: Improving efficiency: Step 4—improve the problem) control, ie embed the revised process firmly so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes) Management consultants widely describe this as the ‘ DMAIC framework’. This Practice Note takes you through the opening step—the ‘define’ stage in detail. It sets out two practical ways to pinpoint which processes merit attention at this stage, ie by: identifying where processes create waste, as waste truly signals an inefficient process checking...
This Practice Note sets out the ‘staying put’ provisions in section 23CZA of the Children Act 1989 ( Ch A 1989). Purpose of the arrangement Eligibility requirements How arrangements should be formalised Duties of the local authority Implications of ongoing care for the foster carer What is the purpose of a staying put arrangement? The ‘staying put’ scheme in Ch A 1989, s 23CZA provides a statutory route for a young person to continue living with their foster family for up to three years after their 18th birthday. Its purpose is to ensure care leavers have the same type of security and support as their peers. Although an 18-year-old is an adult in law, many young people do not yet have the financial independence or emotional maturity to move out on their 18th birthday and establish an independent life. Many young adults still need emotional, practical and financial support from their...
The allocation of social housing by local housing authorities ( LHAs) in England and Wales is regulated by Pt VI of the Housing Act 1996 ( HA 1996). HA 1996 brought together all prior statutes on the provision of social housing and has subsequently been substantially revised by the Homelessness Act 2002 ( HA 2002), the Housing and Regeneration Act 2008, the Localism Act 2011 ( LA 2011), and the Housing ( Wales) Act 2014. Further amendments have been made through the following statutory instruments: Housing and Regeneration Act 2008 ( Consequential Provisions) Order 2010, SI 2010/866 Housing Act 1996 ( Additional Preference for Armed Forces) ( England) Regulations 2012, SI 2012/2989 Universal Credit ( Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013, SI 2013/630 Anti-social Behaviour, Crime and Policing Act 2014 ( Consequential Amendments) ( Wales) Order 2015, SI...
Starter tenancies A starter tenancy is a form of assured shorthold tenancy issued by a registered provider of social housing ( RP), akin to a local authority introductory tenancy (see: Tenancies that are not secure — Introductory tenancies). These arrangements were brought in to allow swift action to safeguard communities from anti-social behaviour and to align with the government’s Respect Standard for Housing Management. Once an RP decides to run a starter tenancy scheme, every new tenant, or those within a designated area, will be granted a starter tenancy. From 1 December 2022, tenancies and licences of dwellings in Wales are regulated by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) (subject to certain exceptions). New assured shorthold tenancies can no longer be created, and existing assured shortholds automatically convert to occupation contracts. The terms of both existing and new...
ARCHIVED: This Practice Note is archived, not maintained, and provided for background reference only. Starter homes policy 2014 starter homes consultation In December 2014, the government set out plans for a new Starter Homes initiative, starting a consultation on planning changes to back the delivery of 100,000 additional low-cost homes for young first-time buyers. It observed that rising house prices left ‘too many hard-working people in their twenties and thirties’ unable to get onto the property ladder, and proposed to: introduce a national Starter Homes exception sites policy so homes could be built on underused or unviable brownfield land, not presently allocated for housing, on both public and private sites secure, via planning obligations or conditions, that newly built Starter Homes were only available to purchase or occupy by young first-time buyers and sold at least 20% below open market value remove duties on...
What is the standstill period? When a contracting authority reaches its decision on awarding a public contract subject to the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, it must observe a standstill period. This mandatory window prevents the authority from entering into the contract with the winning bidder until the standstill has expired. It gives unsuccessful tenderers the chance to: request further information from the contracting authority; and assess whether their rights were prejudiced during the procurement If so, they may seek to have the award decision set aside. This remedy can sit alongside, or be pursued instead of, a claim for damages. In certain cases, other remedies may apply, including a declaration of ineffectiveness (where the contract has already been concluded, and only on limited grounds). See Practice Notes: Public procurement remedies and Damages as a remedy in public...
This practical guidance concerns the regime predating the Procurement Act 2023. It offers direction for public procurement exercises initiated before PA 2023 came into effect on 24 February 2025. Procurements within scope started on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings provisions, the former procurement frameworks remain in force so far as required to let contracting authorities finalise and administer procurements begun prior to commencement (i.e. those still ongoing). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further hands-on guidance on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview. Stakeholder engagement in public procurement Engaging stakeholders—often spanning a broad spectrum of interests—is pivotal to the success of large procurements and investment programmes. Each stakeholder will assess the project or...
ARCHIVED: This Practice Note has been archived and is not being maintained. It sets out a range of issues concerning national speed limits on public roads, including the definitions of ‘special road’ and ‘restricted road’ under the Road Traffic Regulation Act 1984 ( RTRA 1984), a summary of guidance from the Department for Transport ( Df T) and the Welsh Ministers on setting speed limits, and situations where motor vehicles are exempt from those limits. Speed limits on public highways can be more contentious than other traffic restrictions and are subject to closer central government control than most other types of traffic order. National speed limits There are several nationally imposed speed limits on public roads. These limits can be reduced locally by means of a road traffic order made by the traffic authority for the relevant road or...
The public sector equality duty ( PSED) The PSED, set out in Part 11 of the Equality Act 2010 ( Eq A 2010), comprises a general equality duty—the overarching substance of the obligation—supported by specific duties intended to assist delivery of that general duty. For background, see Practice Note: Public sector equality duty. This Practice Note explains how the specific duties require public bodies to act transparently in meeting the PSED, requiring them to: publish relevant, proportionate information evidencing compliance with the PSED set and publish specific, measurable equality objectives The specific duties do not replace the general PSED. Public bodies subject to them must fulfil the specific duties to support overall compliance with the general duty. These duties also enable monitoring and demonstration of that compliance. As a result, public authorities can be held to account by their service users for decisions taken, and equality aims remain firmly in the...
What is a special site? A special site is contaminated land falling within Pt IIA of the Environmental Protection Act 1990 ( EPA 1990) that is: formally designated by a local authority ( LA), or by the Secretary of State/ Welsh Ministers; and whose designation has not been brought to an end by the Environment Agency ( EA) or Natural Resources Wales ( NRW) These sites involve risks or issues that the EA in England, or NRW in Wales, are best placed to address. Once a site is designated, the EA/ NRW replaces the LA as the enforcing authority for that land, and the details of the designation must be entered into the contaminated land register......
This Practice Note It outlines local authorities’ duties to deliver support to special guardians. It describes the approach to assessing requirements for special guardianship support services, including any financial assistance. It further identifies the matters a local authority must consider when completing assessments for financial support under the Special Guardianship Regulations 2005. Under the Children Act 1989 ( Ch A 1989), local authorities are required to arrange the provision of support for special guardians. Such support may consist of counselling, advice and information, or other prescribed services, which can include financial support as set out in regulation......
This Practice Note outlines the process for applying for a special guardianship order ( SGO), setting out the application forms, identifying the respondents, and noting any other person who must be served with notice. It explains the notice that must be provided to the local authority so it can prepare a report, together with the matters that report must address. It also considers potentially relevant directions and the circumstances in which an application may be withdrawn. An SGO is an order under the Children Act 1989 ( Ch A 1989) appointing one or more individuals as a child’s special guardian, or special guardians. An applicant for an SGO must be aged 18 or over and must not be the child’s parent. For further information, see Practice Notes: Special guardianship orders and The effects of special guardianship...
This Practice Note outlines what a special guardianship order ( SGO) is under the Children Act 1989 ( Ch A 1989), and the court’s power to make an SGO either following an application or on its own initiative. It also sets out how an SGO grants parental responsibility for a child and identifies the criteria relevant to making such an order. What is a special guardianship order? A special guardianship order ( SGO) appoints one or more individuals to act as a child’s special guardian. It is often characterised as a ‘half-way house’ between residence orders (now known as child arrangements orders) and adoption orders. The notion of special guardianship concerns the exercise of parental responsibility rather than legal parenthood. Although it is a private law order, it is available in both private and public law proceedings, and will be considered as one of the...
This Practice Note outlines the consequences of obtaining a special guardianship order ( SGO), including the route by which a special guardian gains and uses parental responsibility for a child. It details the impact and consequences of an SGO on the appointment of a child’s guardian, succession, and care orders. It also addresses how an SGO interacts with orders made under section 8 of the Children Act 1989 ( Ch A 1989), where relevant. Special guardianship orders An SGO confers on non-parents a steadier, longer-term legal standing than if they were identified in a child arrangements order ( CAO) as the person with whom the child is to reside; however, unlike an adoption order, it does not sever the child’s legal ties with their birth parents, in essence. See Practice Note: Special guardianship orders. Parental...
Local authorities ( LAs) are under a duty, in specified circumstances, to ensure that children and young persons with special educational needs receive the special educational provision required. In carrying out these functions, a local authority will set out a child’s identified needs within an Education Health and Care Plan ( EHCP), differentiating educational needs from health or social care needs. While preparing the plan, the authority identifies what constitutes educational provision—intended to meet educational needs—and what amounts to provision for health and social care. This divide matters because it determines who is responsible for delivering the necessary provision and how it can be enforced. For an LA, this bears on budgets; for a parent or young person, it concerns practical delivery. This Practice Note describes the process for identifying SEN provision in England and explores the distinction between...
This Practice Note offers a concise overview of how spare parts are treated under the main IP rights recognised in English law (designs, trade marks, patents and copyright). It also includes illustrations of how the rules operate in practice and down-to-earth guidance for rights holders and for businesses that make and/or sell spare parts. What are spare parts? A ‘spare part’ is an interchangeable component kept in stock and used to repair or replace failed units. Spare parts are integral to logistics engineering and supply chain management, frequently supported by dedicated spare parts management systems and distinct markets focused on the manufacture, supply and/or fitting of parts, including businesses where spares are a principal offering, such as garages and repair centres. Designs The connection between design rights and spare parts is especially close, as in certain circumstances protection can cover a part of a product, not only the...
What is solar thermal? Solar thermal describes collectors that capture the sun’s energy to produce hot water. Collectors are most commonly fitted to roofs, but they can also be placed on the ground, mounted on walls, or integrated within building components, i.e. shading devices, canopies, and similar elements. The heat produced is primarily used for domestic hot water and can also contribute to heating or provide warm air for buildings. It may additionally heat or pre-heat water for industrial processes, supply warm water for swimming pools, and drive a particular type of chiller for air conditioning. In the UK, given the available solar radiation (with a maximum of about 1 k W/m2) and its seasonal variation, solar systems cannot meet a building’s entire hot water demand at a viable cost. Consequently, storage buffers or supplementary heating systems are often needed. Solar thermal systems are...
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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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