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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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The remedies available to aggrieved bidders where a breach of the public procurement regulations or other enforceable obligations arises in the public procurement arena are set out in the Public Contracts Regulations 2015, SI 2015/102, Part 3. Standstill period and contract award information A contracting authority must notify all candidates and tenderers (other than tenderers that have been 'definitively excluded') of its decision to award a public contract. The notification must include: the criteria applied to the contract award the reasons for the decision, including the characteristics and relative advantages of the winning tender the score(s) of the party receiving the notice the name and score(s) of the successful party the legal effect of the standstill period The standstill periods are: where notices to bidders are sent by email or fax—ten days after the notice was sent where notices to bidders are sent by other means—15 days after the notice was sent, or ten days...
ARCHIVED : This Practice Note has been archived is not maintained. This Practice Note forms part of an archived collection that brings together and distils significant historic judgments and principles in public procurement law. Most entries concern decisions handed down before the Public Contracts Regulations 2015 came into effect. For up-to-date case law, refer to: UK public procurement case tracker EU public procurement case tracker Here, the emphasis is on contract awards and subsequent challenges. Procurement should be run openly and fairly, with contracting authorities seeking to foster enduring supplier relationships and encourage robust competition to secure best value and efficiency. At the same time, authorities must remain alert to potential disputes throughout the procurement exercise and the life of the contract. Likewise, any party wishing to contest an award must follow the correct process and deadlines. For additional context, see our: Contract award and...
Note This Practice Note addresses the law currently applying in England. In Wales, the position is governed by the Social Services and Well-being ( Wales) Act 2014 together with the relevant statutory instruments. For Welsh guidance, see the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales Local authority duties to looked after children in Wales Local authority duties to children in Wales—child protection NB: this Practice Note also cites earlier legislation and statutory guidance, as certain linked materials give useful background and include templates that continue to be used during pre-proceedings. The Public Law Outline ( PLO) originated in 2008 as part of reforms to care proceedings. It was subsequently updated by the PLO 2014 and the Children and Families Act 2014, which introduced a 26-week limit for completing care and...
Practice Note This Practice Note provides information about, and access to, public children standard orders issued by the Standard Orders Group acting with the authority of the President of the Family Division, including directions, case management and final orders in relation to care proceedings, adoption and secure accommodation. On 17 May 2023, Mr Justice Peel, the judge in charge of standard orders, announced, with the authority of the President of the Family Division and after a review process and consultation period, that the standard orders had been updated to reflect changes in law, practice and procedure and to achieve consistency. See: LNB News 17/05/2023 88. Updated house rules were also published by Peel J on 17 May 2023 to be read alongside the standard orders. The house rules set out: the substance of the orders, including recitals (paras 3–7) the required format of the orders...
This Practice Note provides clear direction and recommended practice for situations where a party appears in person or with a Mc Kenzie friend in public law children proceedings, and explains the courts’ stance on the reasonable assistance to be offered to a litigant in person when presenting their case, as well as on the appointment of a Mc Kenzie friend. General principles Every participant in care proceedings is entitled to a fair hearing, and the parents and child benefit from the safeguards of Article 6 (the right to a fair trial) under the European Convention on Human Rights ( ECHR), as incorporated into the Human Rights Act 1998. There is no requirement to instruct a solicitor; however, in care proceedings, unlike private law children proceedings, legal aid continues to be available for the child, the parents, and anyone else with parental...
This Practice Note This Practice Note explains in detail the appellate procedure in public law children cases, offers guidance on the appeal court’s function, and identifies orders that can be made while an appeal is pending. It further outlines the specific factors relevant to each appeal route and the pertinent authorities and case law. See also Practice Notes: Appeals—general principles, practice and procedure; Preparation for an appeal and orders that may be made; and Applications for permission to appeal in the Family Court. Some appeals from circuit judges and recorders lie to the High Court rather than the Court of Appeal, save where the following apply, as set out below: the challenge is to a decision or order in proceedings under Parts IV or V of the Children Act 1989 ( Ch A 1989), Ch A 1989, Sch 2, para 19(1), or under the...
Since the arrival of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, commentators have argued that releasing information risks curbing candid and open policy debate within public authorities. Claims of a chilling effect on discussion, and the necessity of a safe space for debate, are usually presented within the public interest considerations advanced by authorities seeking to apply a qualified exemption to an information request. Key illustrations are FIA 2000, s 35 (formulations of government policy, etc), FIA 2000, s 36 (prejudice to effective conduct of public affairs) and EIR 2004, reg 12(4)(d) and (e) (exceptions to the duty to disclose environmental information). Both safe space and chilling effect arguments concentrate on the need to shield internal deliberation and the decision-making process. What is meant by a ‘chilling effect’ and by ‘safe...
Stop Press : On 24 February 2025, the core provisions of the Public Procurement Act 2023 ( PA 2023) take effect. We are in the process of reviewing and refreshing our material accordingly. Note that procurements launched on or after 24 February must proceed under PA 2023, whereas those initiated under the earlier regime must continue to be run and managed in line with that legislation: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 For background, see Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. Brexit impact—public procurement The UK public procurement framework originates from EU procurement law and is therefore affected by the UK’s departure from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on Brexit’s effect on public...
This Practice Note offers a high-level outline of a lasting power of attorney ( LPA) for property and financial affairs and why it matters to a local authority practitioner. It looks at how LPAs affect the delivery of services and care to people who lack capacity; scenarios where no attorney is in place, where you might consider stepping into that capacity, and when an application to the Court of Protection could be required. It also explores additional responsibilities a local authority may owe to an incapacitated person. Finally, the Practice Note provides a synopsis of financial safeguards, including attention to financial abuse... What is a property and financial affairs LPA? This form of power of attorney ( LPAPFA) concerns the handling of an individual’s finances when they do not have the mental capacity to manage their own affairs. The donor (the person creating the power) may...
Boilerplate provisions in public sector contracts This Practice Note examines key clauses on payment of subcontractors within public sector contracts. For further guidance on what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, consult Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform Procurement Act 2023 ( Commencement No 3 and Transitional and Saving Provisions) ( Amendment) Regulations 2024 ( SI 2024/959). The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14, and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of the PA 2023 are now operative. Accordingly, procurements started on or after that date must proceed in accordance with PA 2023. The pre-existing public procurement regime...
Context Numerous statutory regimes confer compulsory purchase powers for defined aims on designated bodies (see Practice Note: Sources and limits of compulsory purchase powers). Ordinarily, authority to compel acquisition is given through a compulsory purchase order ( CPO). The specified body, known as the acquiring authority, makes the order, which is then confirmed by the confirming authority—either the minister empowered to authorise compulsory acquisition, an inspector appointed to act on the minister’s behalf, or in certain circumstances the acquiring authority itself. This Practice Note concentrates on the steps for promoting a CPO governed by the Acquisition of Land Act 1981 ( ALA 1981). ALA 1981 covers the majority of compulsory acquisitions undertaken by public bodies. Distinct procedures can, however, apply where compulsory acquisition is embedded within development consent orders under the Planning Act 2008 ( PA 2008). That route is outside the scope of this...
This Practice Note outlines the remit, powers and duties of the for Health and Social Care ( PSA). The PSA was established to draw together the bodies regulating healthcare professions and to secure a cohesive, co-ordinated approach to standard-setting, performance oversight, and to inspection and validation... Regulatory reform of healthcare regulators On 17 February 2023, the Department for Health and Social Care ( DHSC) set out proposals to modernise the legislative framework for nine health and care professional regulators via a series of statutory instruments, giving each regulator fresh powers to shape their own regulatory processes to enhance patient safety and streamline the healthcare system. These include: General Chiropractic Council ( GCC) General Dental Council ( GDC) General Medical Council ( GMC) General Optical Council ( GOC) General Osteopathic Council ( GOs C) General...
STOP PRESS: From 24 February 2025, the principal elements of the Procurement Act 2023 ( PA 2023) take effect. Competitions commenced on or after that date must follow PA 2023, while procedures started under the earlier 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 in line with those rules. For an overview, 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 the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Public procurement reform The UK public procurement framework stems from EU procurement law and, while...
STOP PRESS: As of 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are now in force. Procurements initiated on or after this date must follow PA 2023, while those commenced under the earlier 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 delivered 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 comprise assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law. Public procurement reform The UK public procurement regime originates from EU procurement law and was...
STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 ( PA 2023) are in force. Procurements starting on or after that day must proceed under PA 2023, while exercises commenced under the prior 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 run and administered in line with those rules. See also Practice Note: Introduction to the Procurement Act 2023— PA 2023. The Procurement Act 2023 ( PA 2023) takes effect on 24 February 2025 and governs all public procurements that begin on or after that date. The Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, will remain the framework for procurements launched on or before 23 February 2025, together with the contracts that follow. For more detail on the...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements launched on or after that date must proceed under PA 2023, while any started under the older 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 administered in line with that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content concerns the Procurement Act 2023 regime. This practical guidance addresses public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on public procurement under the former legislation, see Practice Notes: Introduction to public contracts procurement, Introduction to concession contracts procurement and Introduction to utilities contracts...
STOP PRESS From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in effect. Any procurement launched on or after that date must proceed under PA 2023. Procedures initiated under the earlier regimes—the Public Contracts Regulations 2015 ( PCR 2015), Utilities Contracts Regulations 2016, Concession Regulations 2016, and Defence and Security Public Contracts Regulations 2011—must continue under those regimes. See Practice Note: Introduction to public contracts procurement. This content concerns the Procurement Act 2023 regime. It gives practical guidance under PA 2023. For practical guidance on the former legislation, see Practice Notes: Eligibility and selection in public procurement—exclusion criteria, Debarment for bribery convictions, and Debarment offences—checklist. This Practice Note considers the PA 2023 debarment regime, specifically: What debarment means Reasons for entry on the debarment list Process for placing a supplier on the debarment list How to contest placement on the debarment...
This Practice Note This Practice Note outlines the statutory obligation on the relevant authority, under the Wildlife and Countryside Act 1981 ( WCA 1981), to maintain the Definitive Map in continual review. It sets out the circumstances that may justify a modification, and indicates who will commonly seek a modification order. It also describes how to make a Definitive Map Modification Order ( DMMO), highlighting the proper form, the supporting material required, and the decision-making steps taken by the Definitive Map authority. The subsequent formal steps after a DMMO are also covered, identifying which authority must carry out each task. The purpose of the Definitive Map and Statement (‘ Definitive Map’) of public rights of way, and allied matters, is that it is conclusive. Yet, despite its definitive status, it is not immutable. The local highway authority (the County Council or a Unitary...
When do you need to apply for planning permission under the Town and Country Planning Act 1990? Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), consent is required for the undertaking of any development of land. TCPA 1990, section 55(1) defines “development” as: the execution of building, engineering, mining or other operations in, on, over or under land; or any material change in the use of buildings or other land Accordingly, planning permission is needed for operational development and for material changes of use. See Practice Notes: Operational development and Material change of use. Who can apply for planning permission? Any person may submit a planning application for the development of land; ownership of the site is not required. However, before the application is lodged, the applicant must notify the freehold and leasehold owners of the land...
ARCHIVED This Practice Note summarises the state support potentially available to older clients and clarifies how means testing operates for both income and capital. It also considers the rules on deliberate deprivation of income or assets, both for social security benefits and for local authority care charges under the Care Act 2014. Benefits for older people fall into three strands: contributory (dependent on sufficient National Insurance contributions), non‑contributory and non‑means‑tested (based on status such as age or disability), and means‑tested (assessed against the claimant’s income and capital). Relevant Benefits Pension and pension related benefits New State Pension Graduated Retirement Benefit (historic entitlement) Guaranteed Minimum pension—contracted out rights Pension Credit—guarantee credit and saving credit War pensions—where applicable Disability—related benefits Attendance Allowance Personal Independence Payment (for those below State Pension age) Industrial Injuries Disablement...
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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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