Featured documents
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:
Most recent Practice notes
This Practice Note clarifies that a local housing authority ( LHA) may allocate housing accommodation as it thinks suitable, reflecting the needs of the local community, set out within a published allocation plan. When an application is submitted, it must be examined and a determination reached by applying the published allocation criteria. An applicant is entitled to seek a review of refusals and to be told the outcome on review together with the reasons for it. It also identifies when a challenge is governed by statute, and when it ought to be brought by judicial review. Applications for housing—decisions An LHA is required to assess every application for the allocation of accommodation made in line with the procedural requirements of its allocation scheme. So long as it is evident that proper consideration has been given, the court is unlikely to disturb the LHA’s...
This Practice Note sets out the three principal models of governance for local authorities. It explains the difference between decisions that are executive and those that are non-executive or taken by the council. It also outlines the strict requirements for convening meetings and the notice that must be given, and discusses the rules and procedures concerning the agenda, minutes and executive meetings that apply in practice in detail. Executive and non-executive decision making There are three basic models of governance for local authorities: the Executive Leader and Cabinet Model: the Council, comprising all councillors, elects an Executive Leader, who appoints up to nine other councillors as members of the Executive (or ‘ Cabinet’) each Cabinet Member has a defined portfolio of responsibility the...
What is a local authority audit? External audit of local authorities is essential to the proper safeguarding of public funds. In England, this role is outsourced to accountancy firms and is governed by the Local Audit and Accountability Act 2014 ( LAAA 2014). Public Sector Appointments Ltd ( PSAA) (see below) awards contracts to firms on a standard five‑year basis, having let engagements for the period 2018/29–2022/23 and, most recently, for 2023/2024–2027/28. Under PSAA’s arrangements, appointments run for five years and PSAA sets the audit fees for specific bodies. Within each firm, the individual engagement lead must be accredited by the ICAEW as a Key Audit Partner. That accreditation is granted only where the individual has the necessary experience of local audit bodies and a commitment to spend the vast majority of their time on such audits. The Financial Reporting Council oversees the quality of the...
Care and support needs or community care assessments Care and support needs, also known as community care assessments, are undertaken by the local authority ( LA) for adults aged 18 or over who are ordinarily resident in its area. An LA is obliged to assess as soon as it becomes aware, or is asked, that someone may have care and support needs which the LA should meet. The process is governed by section 9 of the Care Act 2014 ( CA 2014), requiring the authority to decide: whether the adult has needs for care and support and, if so, what those needs consist of. Once the LA determines the person meets its eligibility criteria (see below), it must arrange or provide services to meet the assessed care and support needs. Since the CA 2014 took effect in April 2015, all LAs must follow the Care and...
This Practice Note summarises the law on licensing of sex establishments across England and Wales, together with London-specific variations. It also describes enforcement powers and how local policies are applied to oversee these establishments. What is a sex establishment? The Local Government ( Miscellaneous Provisions) Act 1982 ( LG( MP) A 1982), as amended, recognises four distinct categories of ‘sex establishment’: sex cinemas sex shops sex entertainment venues (following amendments introduced by the Policing and Crime Act 2009) hostess bars (following amendments introduced by the London Local Authorities Act 2007 ( LLAA 2007)) Hostess bars are confined geographically to Greater London. Sex cinemas A sex cinema is any premises, vehicle, vessel or stall used to a significant extent for showing moving pictures, however produced, that are principally concerned with portraying, or primarily deal with or relate to, or are intended to stimulate or...
Flood and Water Management Act 2010 The Flood and Water Management Act 2010 ( FWMA 2010) was introduced to achieve: more comprehensive control of flood risk for households and businesses protections against increases in surface water drainage charges security of water supplies for consumers For more information see Practice Notes: Flood management and drainage—responsible bodies and Flooding— UK policy and legislative framework. The FWMA 2010 was commenced by orders of the Secretary of State and Welsh Ministers, each bringing specific provisions into force. It empowers the organisations tasked with flood management to carry out their functions. This Practice Note concentrates on flood risk management powers for Lead Local Flood Authorities ( LLFAs). For who is responsible, see Practice Note: Flood management and drainage—responsible bodies. For more on the FWMA 2010, see Practice Note: Flooding— UK policy and legislative...
ARCHIVED: This Practice Note is archived and not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland. Background to judicial review in Scotland Judicial review is the mechanism through which the courts oversee the use of state power. It has evolved to guarantee that public authorities, wielding legislative or decision-making functions, act only within the limits of the powers granted. The Human Rights Act 1998 ( HRA 1998) broadened the traditional reach of judicial review to cover situations in which a public authority fails to respect an individual’s human rights. Under the HRA 1998, every public body must observe the rights secured by the European Convention on Human Rights, and proceedings for judicial review can be brought to enforce that obligation. For further information, see: Dealing with a human rights challenge. Decision-makers must not only exercise their powers properly as...
This Practice Note It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance......
Practice Note: IR35—introduction, developments and key difficulties As outlined in Practice Note: IR35—introduction, developments and key difficulties, the IR35 framework consists of two principal aspects. This Practice Note sets out the aspect of IR35 that applies where: from 6 April 2017, a public authority, and from 6 April 2021, a private sector entity (other than one that is ‘small’ or does not have a ‘ UK connection’) engages a worker through an intermediary such as a personal service company ( PSC). This aspect is described as the ‘large and public client off-payroll regime’ throughout this Practice Note and across all items in this subtopic. The other aspect of IR35 applies in every other situation, for instance where the contracting end client is a small private sector entity or lacks a UK connection. That regime is termed the ‘small client...
An intention to create legal relations is required A court may conclude that an agreement is not enforceable even where consideration is present, because the parties lacked any intention to be legally bound (see, eg, Blue v Ashley). Did the parties intend to create legal relations—a question of fact Whether the parties possessed the necessary contractual intention is a factual matter, determined by the particular facts of the case. That said, the authorities accept that, in certain contexts, there is a presumption that such intention is missing. Proving the intention to create legal relations—express agreements In a typical commercial setting, it is generally unnecessary to prove that the parties to an express arrangement actually intended to create legal relations. In the absence of contrary evidence, the law presumes that they did. The burden of establishing that no legal effect was intended falls on the party asserting that...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) have commenced. Any procurement launched on or after this date must follow PA 2023, while procurements initiated 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 conducted and overseen under those rules. Refer to 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 status and interpretation of assimilated law, see Practice Note: Assimilated law. Promoting sustainable development via public...
Tainted charity donations rules The tainted charity donations rules, set out in Schedule 3 to the Finance Act 2011 ( FA 2011), are designed to prevent the misuse of reliefs linked to income tax, corporation tax or capital gains tax when a charitable gift is made. They achieve this by refusing those reliefs where HM Revenue & Customs ( HMRC) can establish that a donor, or someone connected to the donor, has entered into an arrangement with a charity with the purpose of securing a tax advantage from the gift rather than acting with entirely charitable motive. Chapter 8, Part 13 of the Income Tax Act 2007 ( ITA 2007) withdraws entitlement to any income tax reliefs and advantages Part 21C of the Corporation Tax Act 2010 ( CTA 2010) withdraws entitlement to corporation tax reliefs Section 257A of the...
Highway authorities have a statutory obligation to act to prevent, so far as practicable, the stopping up or obstruction of highways within their areas. This Practice Note sets out guidance on obstructions under the Highways Act 1980 ( Hi A 1980) arising from placing building works, scaffolding or skips on the highway. For broader coverage of highway obstruction, see Practice Note: Obstruction of highways. For details of the tools available to local authorities to address highway obstructions, see Practice Notes: Local authority powers to manage highway obstructions—criminal offences and Local authority powers to manage highway obstructions—civil remedies. Licences for building works, scaffolding and skips Positioning scaffolding, hoardings or skips on the highway (including pavements) constitutes an obstruction and may amount to a nuisance. Under Hi A 1980, s 137(1), a person who, without lawful authority or excuse, wilfully obstructs free passage along a highway commits an...
Who is the Health and Care Professions Council (‘ HCPC’)? The Health and Care Professions Council ( HCPC) is the statutory regulator for the health professions listed below, established by the Health Professions Order 2001. Its core remit is to set and uphold standards of education, training, conduct and performance for registrants. This Practice Note outlines HCPC fitness to practise ( Ft P) processes, investigations, and applications for restoration to the Register, and should be read alongside the Practice Notes: Common principles in fitness to practise proceedings and Criminal proceedings and convictions in healthcare regulatory proceedings. The Health and Care Professions Tribunal Service ( HCPTS) provides Ft P adjudication for the HCPC. The HCPC regulates these professions: arts therapists biomedical...
This Practice Note explains how to enforce a warrant of control issued by the County Court as a means of enforcing a money judgment. Through this route, the judgment creditor instructs a county court bailiff ( CCB) to take control of the judgment debtor’s goods and sell them, applying the sale proceeds to satisfy the judgment debt. The detailed steps are contained in the legislation underpinning the Taking Control of Goods regime—see Practice Note: Finding your way through the Taking Control of Goods legislation for guidance on that framework. In broad terms, the practitioner should decide which enforcement method will be most effective for the judgment creditor. For sums over £600 many creditors prefer to instruct a High Court Enforcement Officer ( HCEO), a private individual authorised by the Lord Chancellor’s office, rather than a CCB, who is a salaried civil servant...
Determining liability Enforcement bodies are to use the statutory guidance’s five-step method for deciding liability under section 78F of the Environmental Protection Act 1990 ( EPA 1990). Not every stage will be applicable in every matter. Refer to Practice Note: Contaminated land—process for determining liability. At step three, the authority must apportion responsibility for shared actions among liability groups. This step is not relevant where there is: a single significant contaminant linkage ( SCL), as that group must meet the entire cost of any remediation; an orphan linkage, because the authority may undertake the remediation itself at its own expense; a single-linkage action, as that liability group is liable for all remediation costs. ‘ Attribution’ is engaged where a single remediation measure is a ‘shared action’ tied to two or more SCLs......
Please note that this Practice Note reflects the law currently in force in England as it stands. In Wales, this subject area is governed by the Social Services and Well-being ( Wales) Act 2014 together with the related statutory instruments. General duties of the local authority In each local authority area, the safeguarding partners are namely: the local authority integrated care boards, any part of which falls within the local authority area the chief officer of police for a police area, any part of which falls within the local authority area These partners are required to put in place arrangements for themselves and relevant agencies to collaborate in exercising their functions, with the clear aim of safeguarding and promoting the welfare of children within the area. All partners and agencies identified in the Child Safeguarding Practice Review and Relevant Agency ( England)...
Archived notice: This Practice Note is retained for historical reference only. It summarises the procedure that applied before 6 April 2016 for obtaining a charging order, both on an interim and on a final basis. It also describes the registration of interim and final charges before enforcement by way of an order for sale. For guidance on the procedure in force from 6 April 2016, together with the transitional provisions, see Practice Note: Charging orders—what are they and when to use them— CPR 73 and related material. What is a charging order for—pre 6 April 2016? As outlined in, and as seen in, our archived Practice Note: Pre-6 April 2016—charging orders—what are they and when to use them, a charging order fixes the debt against the debtor’s asset and safeguards it until such time as an order for sale of the asset can be...
Conditions requiring further approval of details Planning permission can be granted subject to conditions, which may include obligations to secure later approval of additional matters. In England, the Planning Practice Guidance ( PPG) on the use of conditions stresses that local planning authorities ( LPAs) should keep to a minimum conditions that require subsequent approval after full, rather than outline, permission is granted, unless this will clearly support the efficient and effective delivery of development. The PPG indicates that, where justified, LPAs should require the submission and approval of further details only for aspects of the scheme not fully described in the application. See Practice Note: Planning conditions—key points for further information on conditions generally. Even so, it remains common for full permissions to include conditions seeking later approval of details. Developers often view this as advantageous, as it allows certain elements to be...
This Practice Note outlines what charging orders are, which categories of judgment debt can be made subject to a charging order, and the kinds of property that may be charged. It also offers guidance on construing and applying the relevant CPR provisions. Depending on the court in which your case is progressing, you may need to consider additional rules—see the section: Court specific guidance below. What is a charging order? A charging order is an indirect enforcement tool that secures a judgment debt by imposing a charge over property owned by the judgment debtor. The liability may be met later by applying for an order for sale of the charged asset—see Practice Note: Order for sale—how to enforce a charging order. The framework for charging orders is contained in CPR 73 and CPR PD 73, with reference to the Charging Orders Act 1979 ( COA 1979)....
Popular documents
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 ]...
Discover more from LexisNexis
