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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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Legal framework England— Independent Review Panels ( IRPs) This Practice Note outlines the regime in England and Wales for reviewing and appealing school exclusions. It sets out the legal architecture around Independent Review Panels ( IRPs), including who sits on them, the process, conduct of the hearing and evidential requirements. It also addresses judicial review standards and relevant human rights issues. Statutory basis The statutory discipline and exclusion scheme operates alongside the common law. Key sources include section 51A of the Education Act 2002, inserted by section 4 of the Education Act 2011. The School Discipline ( Pupil Exclusions and Reviews) ( England) Regulations 2012, SI 2012/1033, as periodically amended—most recently by the School Discipline ( Pupil Exclusions and Reviews) ( England) ( Amendment and Transitional Provision) Regulations 2023, SI 2023/571—extend EA 2002, s 51A to academies and free schools. The regime covers...
This Practice Note explores a range of matters around school behaviour and exclusion, such as physical restraint, detentions, uniform, and the seizing of property, chiefly in England, while noting how the present position differs in Wales. It states that headteachers, school governors, the local authority, social workers, and the virtual school head must have regard to current statutory guidance on exclusions, and it outlines both the process for removing a pupil and the routes of challenge to a permanent exclusion. Legal framework The statutory regime for school discipline and exclusion largely operates in parallel alongside the common law......
‘ Working together to improve school attendance’ is statutory guidance from the government that explains the considerations to which all schools, trusts, governing bodies and local authorities must have regard when striving to secure consistently high attendance across England. It clarifies that this guidance should be read alongside other documents, notably the statutory ‘ Keeping children safe in education’... Compulsory school age Children who are of compulsory school age must receive an education, which does not have to take place in a school setting. When judging whether a child’s attendance is adequate, the first question is whether the child has reached compulsory school age. when they reach five years old, if that birthday falls on a prescribed day; and otherwise, from the beginning of the next prescribed day after their fifth birthday The prescribed days for the commencement of compulsory school age are 31...
Administration of the scheme The scheme document must set out in clear terms how the scheme of arrangement (the scheme) will be run and by whom, on an ongoing basis. Where outstanding questions remain between scheme creditors, or assets still need to be gathered in or realised for the estate, it can be useful or required to appoint a scheme administrator. This is typically an independent party, commonly called a scheme supervisor or scheme administrator. Such a supervisor is ordinarily either a licensed insolvency practitioner or someone with specialist expertise in the scheme company’s sector. Role of the supervisor The duties assigned to the scheme supervisor or administrator should be considered with care from the outset, with their authorities, scope and responsibilities defined with precision. Appointing a scheme supervisor enables that person(s) to oversee, manage and carry out the scheme, and to fulfil the duties and...
What are the key offences relating to the sale of knives? Section 141 of the Criminal Justice Act 1988 ( CJA 1988) bans the sale of specified offensive weapons, which encompasses certain knives. The CJA 1988 also sets out a discrete offence covering the sale of knives and related articles to those under 18. That offence, contained in CJA 1988, s 141A, is summary only. Sections 38, 39, 40 and 42 of the Offensive Weapons Act 2019 ( OWA 2019) establish separate offences concerning the delivery of bladed products to residential premises, as well as the delivery of bladed products and bladed articles to persons under 18. The Knives Act 1997 ( KA 1997) creates two additional offences addressing the unlawful marketing and publication of knives. These offences, under KA 1997, ss 1 and 2, are triable either in the magistrates’ court or the Crown Court. For...
STOP PRESS: This Practice Note is being reviewed to reflect recent updates to statutory guidance. The 2025 version of ‘ Keeping Children Safe in Education’ took effect from September 2025. This statutory guidance sets out the legal duties schools and colleges must follow to safeguard and promote the welfare of children and young people under 18 in education settings. See: LNB News 09/07/2025 33. The 2026 version of ‘ Working together to safeguard children in education’ was published on 18 March 2026. This statutory framework sets out the legislation relevant to safeguarding and should be read alongside the statutory guidance. See: LNB News 19/03/2026 30. What is safeguarding in education? Safeguarding has a broad meaning within the education sector. Statutory guidance for schools and colleges, ‘ Keeping Children Safe in Education’ (known as ‘ KCS’), defines safeguarding as: providing help and support to meet...
This Practice Note offers guidance on safeguarding for health care service providers. It addresses the core safeguarding considerations relevant to health care professionals and their practice. It outlines the six adult safeguarding principles, sets out approaches to health care safeguarding, highlights points to look out for, explains the function of safeguarding boards and provides practical tips for health care providers. Local authorities may likewise find the material helpful too. What exactly does ‘safeguarding’ mean? The term ‘safeguarding’ is widely used in practice, yet it is worth pausing to consider its precise meaning. Several important statutes directly touch on safeguarding, including the Children and Social Work Act 2017, the Human Rights Act 1998 and the Safeguarding Vulnerable Groups Act 2006; however, the most helpful statute is the Care Act 2014 ( CA 2014), which also sets out six key principles for adult...
This Practice Note sets out the statutory duties to safeguard children. It explains local authorities’ ( LAs) obligations towards children in their locality and area, the specific arrangements for joint working between relevant safeguarding partners, statutory reviews of child safeguarding practice, and processes for reviewing child deaths. The government guidance document ‘ Working together to safeguard children: A guide to interagency working to safeguard and promote the welfare of children (2023)’ (as updated periodically) describes safeguarding children and promoting their welfare as: offering help and support to address children’s needs as soon as difficulties first become apparent shielding children from maltreatment, whether at home or elsewhere, including in online contexts and settings preventing impairment to children’s mental and physical health or development making sure children are brought up in conditions that are consistent with safe, effective care supporting children to live with their birth parents, or otherwise within their wider...
Safeguarding concerns often underpin or arise during welfare proceedings in the Court of Protection, and this Practice Note explains how such matters should be approached. What is safeguarding? In its widest sense, ‘safeguarding’ covers every facet of a person’s welfare. This understanding of safeguarding guides local authorities’ approach to providing adult services within their functions and commissioning responsibilities too. In proceedings before the Court of Protection, however, ‘safeguarding’ is usually shorthand for what is more precisely described legally as ‘adult protection’ within practice. That term relates to inquiries and interventions by a public authority where there is concern that someone has been, is at present, or could in future be, the victim of abuse. The statutory basis of safeguarding applications Under the Care Act 2014 ( CA 2014), local authorities in England have defined safeguarding duties. In Wales, comparable obligations arise under the Social Services and...
What is the Right to Acquire? The Right to Acquire ( RTA) gives qualifying housing association tenants a legal right to purchase the freehold or a long leasehold interest in their home at a fixed discount. Though it closely resembles the better-known statutory Right to Buy ( RTB) for most secure tenants—and relies on much of the same legislation—the RTA arrived later, created by the Housing Act 1996 and brought into force on 1 April 1997. Lower take-up by tenants of the RTA scheme RTA is markedly less popular than RTB. Government data ( Social housing sales and demolitions 2022–23) records 12,748 RTA sales of social housing since its introduction in 1998. In 2022–23, there were 1,680 RTA sales, a 20% rise on 2021–22. Despite this recent growth, activity remains far below RTB levels. In 2022–23, 14,085 sales were completed under RTB or Preserved RTB ( PRTB),...
ARCHIVED: This archived Practice Note outlines the principal changes to national planning policy arising from the revised National Planning Policy Framework issued on 24 July 2018 (the 2018 NPPF) and on 19 February 2019 (the 2019 NPPF). It is provided for background purposes only and is not maintained. The 2019 NPPF incorporates all national planning policy changes introduced by the 2018 NPPF and includes some further minor amendments. Since this Practice Note was produced, the NPPF has been updated again in July 2021, September 2023 and December 2023. This Practice Note is supplementary to Practice Note: The National Planning Policy Framework. Background The government first sought views on revisions to the NPPF in December 2015, followed by additional consultation within the Housing White Paper of February 2017. A consultation on planning for the right homes in the right places then took place in...
This Practice Note sets out the steps for dealing with many of the most frequent residential service charge disputes under the Landlord and Tenant Act 1985 ( LTA 1985). It covers a landlord’s ability to recover residential service charges, whether a demand is reasonable, when demands must be issued, the timing and wording of formal notices, and the process for issuing an application in relation to service charge demands and recovery before the First Tier Tribunal ( Property Tribunal), together with the recovery of the landlord’s costs arising from service charge proceedings. For broader guidance on the statutory consultation regime for qualifying works and qualifying long term agreements, and the kinds of disputes that process may trigger, see the separate Practice Note: Consultation for residential service charges. The power to recover residential service charges A core principle for service charge recovery is that a...
This Practice Note summarises several of the principal ways in which a residential flat project can be structured. It provides an overview of alternative leasehold flat arrangements for both developers and purchasers of residential flats. A central issue in residential leasehold developments is securing adequate, enforceable covenants for the repair, maintenance and insurance of the shared parts of the development (that is, the structure, foundations, roof, principal walls, internal and external communal areas and common services). It also addresses how obligations for the common parts are allocated among the key parties. The following structures, and their differing approaches to apportioning responsibility for the shared parts between landlords, management companies and tenants, are considered: developer/landlord retains the reversion and the management role developer/landlord keeps the reversion but outsources management duties developer/landlord keeps the reversion while tenants assume management...
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 the appropriate standard of repair for a tenant? This Practice Note explains: what a repairing covenant obliges a tenant to do, the meaning of 'well and substantially repair', the significance of the initial state and condition, whether a higher rent implies a higher repairing standard, if repair equates to good condition, allowances for fair wear and tear, what a tenant must do to meet repairing obligations, whether to repair or replace. Absent clear wording to the opposite effect (for example, a schedule of condition), a covenant to repair requires the tenant to carry out works which, having regard to the property's age, nature and location, render it reasonably fit and suitable for occupation by a reasonable incoming tenant of the type likely to take it on comparable terms to the present lease. A promise 'well and...
This Practice Note explains the changes to residential occupation in Wales introduced by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016). It outlines the revised terminology used by RH( W) A 2016, the bases on which a standard occupation contract can be ended, any preliminary requirements a landlord must satisfy before serving a valid termination notice, the steps for ending a standard occupation contract, and the format and service of notices under RH( W) A 2016. It also addresses possession proceedings under CPR Part 55. This Practice Note concerns only standard occupation contracts. For guidance on ending secure contracts, see Practice Notes: Renting Homes ( Wales) Act 2016—when are occupation contracts secure? and Renting Homes ( Wales) Act 2016—terms of secure contracts. Terminology under the Renting Homes ( Wales) Act 2016 RH( W) A 2016 introduces terminology that differs from other...
This Practice Note outlines the provisions of the Renters’ Rights Act 2025 ( RRA 2025) on imposing and recovering financial penalties for breaches of discrimination rules, rent requirements, landlord redress scheme duties and the private rented sector database. It also explains the widened scope of liability for offences relating to houses in multiple occupation and selective licensing, identifies who may receive improvement notices, and summarises local housing authorities’ enforcement duties and their investigatory powers to enter premises and seize documents. For more detail, see Practice Note: Renters’ Rights Act 2025—key provisions and The Renters’ Rights Act 2025—landlords’ duties, penalties and offences. Commencement For guidance on when provisions of the RRA 2025 take effect, see Practice Note: Renters’ Rights Act 2025—key provisions— Commencement. Also see: Practice Note: Renters’ Rights Act 2025—legislation tracker Ministry of Housing, Communities and Local Government ( MHCLG) roadmap:...
ARCHIVED: This Practice Note has been archived and is not maintained. The rent a tenant is required to pay is set out in the tenancy agreement binding the landlord and the tenant, which also regulates their legal relationship. Many agreements allow for rent to be increased during the term, especially where both parties foresee a longer tenancy. Conversely, where the arrangement is for a short, fixed period (as with many assured shorthold tenancies), the rent may stay at a single level for that fixed term. Exactly how rent is fixed, and what rights each party has in relation to increases, will depend on the type of tenancy. The key tenancy types and the legal rules that govern rent setting are outlined below. Private sector tenancies Rent Act tenancies What is a Rent Act tenancy? Most private sector tenancies today are assured or assured shorthold tenancies under the Housing Act 1988 ( HA...
This Practice Note sets out the various options available to a landlord in recovering rent arrears and the factors to be considered before any action is taken. It addresses the Pre- Action Protocol for Debt Claims; court-based recovery of debt; drawing on a rent deposit; issuing statutory demands ahead of bankruptcy or winding-up; pursuing former tenants, sub-tenants or guarantors; service of section 17 notices under the Landlord and Tenant ( Covenants) Act 1995; Commercial Rent Arrears Recovery ( CRAR); and the effect of insolvency on rent recovery. Before moving to recover arrears, landlords should weigh up: whether to forfeit the lease for non-payment whether the tenant is subject to any insolvency process and, if so, how that constrains the recovery options available whether any limitation period issues arise No claim can be brought to recover rent arrears once six years have passed from the date the...
Meaning of remediation Remediation carries a broadly framed and inclusive meaning under the Environmental Protection Act 1990, Pt IIA ( EPA 1990). It can comprise a variety of practical measures, such as, among others: assessment actions: evaluating the state of contaminated land, any controlled waters influenced by that land, or neighbouring and adjacent land remedial treatment actions: measures to eliminate or break significant contaminant linkages ( SCLs) monitoring actions: inspections undertaken to track the condition of the contaminated land, controlled waters, or any adjoining or adjacent land In short, remediation refers to the steps necessary to remove risks to human health, the environment, or controlled waters, and to restore the land so that it remains fully fit for its existing use......
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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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