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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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Individuals requiring care and support might have to relocate to accommodation better suited to their needs and circumstances. With appropriate assistance from the local authority, some may remain in their own accommodation instead. The Care and support statutory guidance confirms that ‘independent living’ sits at the heart of ‘promoting wellbeing’, which is the Care Act’s primary purpose. Enabling people to live as autonomously as possible, for as long as possible, is a fundamental principle of the Care Act 2014 ( CA 2014)... Community care assessments A local authority is obliged to assess the needs of any adult it believes may require care and support. Authorities are expected to apply a low threshold when deciding whether to undertake assessments in the first place. After completing an assessment, the authority must consider it in full and decide which services, if any, are needed to meet the...
ARCHIVED: This Practice Note has been archived and is not maintained. What is the definition of a relinquished child? There is no formal legal definition of a relinquished child. In practical terms, the label generally describes circumstances in which a child’s parent or parents want their child to be adopted. The adoption agency An adoption agency is a local authority adoption agency or a registered adoption society. The agency’s role is to consider whether adoption is the most suitable overall option for a child. What should an adoption agency take into account when considering whether adoption is the best option for a child? The agency must have regard to the welfare checklist set out in section 1 of the Adoption and Children Act 2002 ( ACA 2002) when deciding whether adoption is in a child’s best interests. This confirms the principle that a child’s welfare is the...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the transition/implementation period that followed the UK’s withdrawal from the EU concluded. In UK law this moment is called ‘ IP completion day’. From that point, key transitional provisions ended and substantial changes started to apply across the UK’s legal framework. Any changes relevant to this content are set out below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a distinct category of domestic UK law—retained EU Law ( REUL)—consisting of EU-derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 alters the treatment of REUL by: revoking substantial amounts of REUL from 31 December 2023 ...
The Regulators’ Code is issued by the Secretary of State under section 22 of the Legislative and Regulatory Reform Act 2006 ( LRRA 2006). Section 21 of the LRRA 2006 places a duty on anyone exercising a specified regulatory function to have regard to two key principles: regulatory activities should be undertaken in a manner that is transparent, accountable, proportionate and consistent regulatory activities should be targeted solely at cases where action is required Who does the Regulators’ Code apply to? Any person or body exercising a specified regulatory function must take the Regulators’ Code into account when setting general policies or principles for the functions that the particular regulator carries out. The Code is designed to set out a clear framework for how regulators should deal with those they regulate. It seeks to improve relations between regulators and the regulated and to remove...
Introduction: emissions from transport Surface transport, notably road traffic, is a major driver of environmental emissions, including air pollution, greenhouse gas ( GHG) emissions and noise pollution. It remains the UK’s largest source of GHG emissions, having surpassed power and industry in 2015. The main contributors within surface transport, in particular, are cars, vans and heavy goods vehicles ( HGVs). Emissions fell sharply in 2020 (by 18%) owing to the coronavirus ( COVID-19) pandemic, but have since returned to high levels once again: for example, 2024 figures from the Office of National Statistics indicate that GHG emissions from the transport sector have risen by 39.6% since 2021, largely due to rising activity after the pandemic period. The World Health Organisation reports that transport accounts for a substantial share of air pollution and is also a leading source of GHG emissions, according to the...
Public highways serve a range of functions beyond mere movement between locations. This Practice Note considers the legal consequences of keeping activities stationary on highway land, and of managing, restricting or stopping traffic to make such static uses possible. Markets Markets commonly take place on set days each week, with stallholders taking down pitches between trading days (and, indeed, erecting the same stands in other towns on other dates). The market’s proprietor—frequently the Lord of the Manor or a local authority—normally enjoys the exclusive entitlement to run a market within a town or district. Under the common law, no rival market may operate within six and two-thirds miles. The precise site of the market in that town or district can sometimes vary; this turns on the terms on which the right to hold the market was conferred and then on property...
This Practice Note outlines what amounts to regulated entertainment, the permitted exceptions within the framework, and the general considerations a licensing authority applies when reviewing an application. It also describes when specific exemptions from regulated entertainment arise under the cross activity exemption for health care providers, local authorities and school proprietors. Providing regulated entertainment is both a licensable activity and a qualifying club activity under the Licensing Act 2003 ( LA 2003). To offer regulated entertainment, premises must hold one or more of the following authorisations: a premises licence a club premises certificate a temporary event notice What constitutes the provision of regulated entertainment? The types of entertainment identified in LA 2003 are not licensable unless the following conditions are fulfilled: the entertainment is provided for members of the public or a section of the public ...
What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme ( TPS) is a statutory public service pension arrangement for members of the teaching profession in England and Wales. Since 1 April 2015, the TPS has consisted of two schemes: The reformed TPS (often described in TPS literature as the ‘2015 Scheme’), established on 1 April 2015 under the Public Service Pensions Act 2013 ( PSPA 2013) as a career average revalued earnings ( CARE) scheme. This Practice Note concerns that scheme. The legacy TPS, created by the Superannuation Act 1972 ( SA 1972) as a final salary scheme for those who joined before 1 April 2015. It closed to future accrual on 31 March 2022, while retaining a final salary link within that scheme. For more, see Practice Note: The legacy Teachers’ Pension Scheme. Separate schemes operate in Scotland and Northern Ireland and are outside the scope of this...
The Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) Governs the ongoing liability of former tenants and their guarantors for rent and service charge after a lease has been assigned. This Practice Note addresses: when arrears may be pursued from a former tenant or their guarantor the notice steps a landlord must follow to recover arrears from a former tenant or their guarantor (a ‘s 17 notice’) the entitlement to, and terms of, an overriding lease, together with the application process key considerations for landlords before issuing a s 17 notice Landlords must serve notice promptly for any ‘fixed charge’ that has fallen due, or they forfeit the right to recover it. After payment, former tenants and their guarantors may request an overriding lease. LT( C) A 1995, s 17 was introduced to tackle a significant issue faced by former tenants and guarantors during the early 1990s...
ARCHIVED: This Practice Note is archived and is not kept up to date. From April 2011, the coalition government brought in the pupil premium as extra funding for schools and local authorities to boost the attainment of disadvantaged children and, more recently, to support children of parents in the armed forces. The Department for Education provides this via the pupil premium grant ( PPG), awarded under section 14 of the Education Act 2002. For maintained schools, including special schools and pupil referral units, and for non-maintained special schools, payments are made to local authorities to distribute to schools in their area. For academies and free schools, funds are paid directly to the schools by the Education Funding Agency. For children currently looked after ( LAC), funding is now handled separately and paid to local authorities to be managed by the area’s...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are live. Any procurement launched on or after that date must follow PA 2023. Exercises commenced under the prior regime must continue and be managed under those rules: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on status and interpretation, see Practice Note: Assimilated law. Brexit impact—public procurement The UK public procurement regime stems from EU procurement laws and is consequently affected by the UK’s withdrawal from the EU. While the law...
What is a public service mutual? The practice of spinning services out of the state to boost the efficiency and effectiveness of how public services are delivered has a lengthy pedigree. It sits within a wider pursuit of alternative models of delivery across the public sector. For further information, see: The ‘in-house’ exemption. Government has attached a label to a particular route for spin-outs—‘the public service mutual’. The notion has, in reality, been somewhat fluid over time. In September 2014 the Cabinet Office described these as organisations that have exited the public sector yet still provide public services, with employees exercising significant influence over how they operate. Mutuals take many shapes indeed. Think of large employee-owned firms such as John Lewis, or building societies like Nationwide that are wholly or majority owned by their members; mutuals may equally be...
STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now operative. Procurement exercises launched on or after that date must, without exception, proceed under PA 2023, whereas those initiated under the previous regime—including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured, administered and managed in accordance with that legislation. The Cabinet Office has likewise refreshed and republished its collections of standard contract documents, templates and guidance materials for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were issued in tandem with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect and incorporate these developments. In the meantime, see News...
Scope of the public sector equality duty ( PSED) Aim of the PSED Set out in section 149 of the Equality Act 2010 ( Eq A 2010), the public sector equality duty ( PSED) aims to confront systemic discrimination and disadvantage faced by people with certain protected characteristics by weaving the promotion of equality and good relations into the routine functions of public authorities and other bodies subject to the duty. Scope of the PSED In performing their functions, public authorities must have due regard to the need to: eliminate discrimination, harassment, victimisation and any other behaviour prohibited by or under the Eq A 2010 advance equality of opportunity between those who share a relevant protected characteristic and those who do not foster good relations between persons who share a relevant protected characteristic and persons who do not The relevant protected...
ARCHIVED: This Practice Note is archived, not maintained, and provided solely for contextual reference. From 31 March 2017 to 31 March 2022, designated public sector organisations—among them those in England with 250 or more employees—were subject to the Public Sector Apprenticeship Targets Regulations 2017 (the 2017 Regulations), SI 2017/513. Across the relevant target period, they were expected to achieve an annual average whereby at least 2.3% of their workforce began as new apprentices. This Practice Note covers: the public sector bodies required to have regard to the target—see To whom the duty applied, below the target for bodies within scope of the 2017 Regulations, and which individuals counted towards the headcount used to measure it—see The target, below the data to be published and/or supplied to the Department for Education ( Df E)—see Reporting requirements, below the position for periods beginning on and after 1 April 2022—see Public sector...
( PROW) are highways that give the public a lawful right to pass. They hold the same legal status and protection as highways and continue until formally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW. Identifying PROW early can help avoid possible delays to development or issues when selling properties. Local authorities have a legal duty to keep all PROW accessible to the public and can use enforcement and bring prosecutions to make sure PROW stay open... Types of PROW Although a PROW must be open to everyone, the right to use a specific PROW is confined to certain classes of user. The main categories are: a carriageway—over which the public have a right of way on foot, riding on or accompanied by a beast of burden, and with vehicles and cattle a...
STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have commenced. Procurements initiated on or after this date must be conducted under PA 2023, while those started pursuant to the earlier legislation (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 procured and managed in accordance with that regime. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. There are a number of aspects to...
FORTHCOMING CHANGE: On 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that date must be conducted under PA 2023, while those initiated under earlier legislation must continue to be run and managed in accordance with those regimes: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 supersedes PPN 10/23, providing updated guidance on how to...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements launched on or after this date must comply with PA 2023, while those started under the previous framework—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 under that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU‑derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Practice Note is a resource for practitioners on the current position of public procurement reform. For...
FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Competitions started on or after that date must proceed under PA 2023, while those commenced under earlier regimes—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 conducted and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 are EU‑derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 supersedes PPN 10/23 with refreshed guidance on...
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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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