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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note provides guidance on evidence in public children proceedings including admissibility, credibility, competence and compellability. It further outlines the rules on children’s evidence and guardian reports, alongside guidance on: evidence from children and reports prepared by guardians investigative interviews and hearsay radicalisation cases disclosure of earlier criminal convictions sharing evidence with the police or the Crown Prosecution Service ( CPS) For practical guidance on expert evidence, see Practice Note: Expert evidence in public children proceedings. Where proceedings overlap with criminal matters, see Practice Notes: Public children—interaction between criminal and care proceedings and The disclosure of information between family and criminal agencies and jurisdictions. For general procedure in public children proceedings, see Practice Note: Public law children procedure— Public Law Outline. Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 3A, read with FPR 2010, PD 3AA, make...
Practice Note This Practice Note explains the effect of human rights law on public children proceedings, highlighting art 6 (right to a fair trial) and art 8 (right to respect for private and family life) of the European Convention on Human Rights ( ECHR), which are given domestic force by the Human Rights Act 1998 ( HRA 1998) as a Schedule. It also offers guidance on human rights considerations where a family member is unaware of a child’s existence, the significance of human rights for local authority decision‑making, and remedies for breaches. Public children proceedings must be run in line with human rights obligations, and any order sought must be lawful and proportionate. HRA 1998 should be taken into account both within and outside court, but must not be relied upon to shore up weak cases; see: General principles. Human rights issues ought to be...
The statutory framework for private fostering is set out in Part IX of the Children Act 1989 ( Ch A 1989). In England, the applicable regulations are the Children ( Private Arrangements for Fostering) Regulations 2005 ( C( PAF) R 2005), SI 2005/1533, and in Wales they are the Children ( Private Arrangements for Fostering) ( Wales) Regulations 2006 ( C( PAF)( W) R 2006), SI 2006/940. Meaning of ‘privately fostered child’ A ‘privately fostered child’ is a child under 16, or under 18 if disabled, who is looked after and housed by a person who: is neither a parent nor a relative of the child does not hold parental responsibility for the child, and cares for the child within their own home However, a child will not be regarded as privately fostered where the care and...
This Practice Note examines the notion of ‘private’ deprivations of liberty for the purposes of Article 5 of the European Convention on Human Rights ( ECHR), in relation to people who lack material decision-making capacity. A private deprivation of liberty arises where the relevant care or treatment is not directly commissioned or paid for by the state but by private individuals—for example, where the person’s family arranges support and meets the costs from the person’s own resources or family funds. A private deprivation of liberty could occur in: a hospital or care home (for instance, the person or their family securing and funding a private placement without any involvement from a public authority) supported living or ‘shared lives’ accommodation (sometimes called adult placements) domestic settings (where the person resides in a family home or lives alone in ordinary,...
Statutory requirement to have regard to the development plan in planning application decisions When determining an application for planning permission, or for permission in principle, section 70(2) of the Town and Country Planning Act 1990 ( TCPA 1990) provides that the decision-maker must have regard to: the provisions of the development plan, so far as material to the application a post-examination draft neighbourhood development plan, so far as material to the application from a date to be appointed, in England, any national development management policies, so far as material to the application any considerations relating to the use of the Welsh language, so far as material to the application any local finance considerations, so far as material to the application any other material considerations If the decision-maker overlooks relevant considerations, or takes account of matters that are irrelevant, the decision is vulnerable to being quashed. As confirmed by Lord Hoffmann in Tesco Stores v...
Since the Counter- Terrorism and Security Act took effect in 2015 ( CTSA 2015), a range of ‘specified authorities’ have carried a statutory obligation, while performing their functions and duties, to show due regard to preventing individuals from being drawn into terrorism (the ‘ Prevent duty’). This Practice Note explores where that duty comes from within the Government’s wider counter-terrorism approach ( CONTEST) and, more particularly, within the Prevent strand of that strategy. It outlines the legislative footing, scope and substance of the duty, then looks at how it operates across particular fields, including local authorities, schools and childcare, health services, prisons and probation, and policing, before doing so sector by sector. Counter-terrorism strategy CONTEST, the Government’s overarching counter-terrorism strategy, first appeared in 2006 under the Labour government of the day. Its fourth iteration, released in June 2018, recognises that the terrorist threat to the UK is...
Policy context The first National Planning Policy Framework (2012 NPPF) was issued on 27 March 2012 and came into force at once. It streamlined more than 1,000 pages of planning policy statements, guidance and circulars into a single text. Central to the 2012 NPPF was a presumption in favour of sustainable development. A refreshed NPPF followed in July 2018, with modest amendments in February 2019. Further updates arrived on 20 July 2021, September 2023 and December 2023 (the 2023 NPPF). The 2018, 2019, 2021 and 2023 iterations kept the presumption in favour of sustainable development, albeit with a shift in emphasis and practical application, as explored in this Practice Note. In July 2024, the government consulted on reforms to the NPPF, including proposals affecting the presumption in favour of sustainable development, considered further below (see ‘ Proposed changes to presumption insofar as it affects...
STOP PRESS: From 25 March 2026, the principal plan-making provisions of the Levelling-up and Regeneration Act 2023 are in force. This Practice Note is being updated to reflect these changes. Neighbourhood Development Plans ( NDPs) enable communities to set planning policies for how land in their neighbourhood is used and developed, and they form part of the statutory development plan. For the essentials, see Practice Note: Introduction to neighbourhood planning, which covers: Neighbourhood development orders ( NDOs) Community rights to build Designating neighbourhood forums and areas Referendums Examination Funding The relationship between NDPs and other policy and legislation Guidance An NDP must be prepared in conformity with national and local planning policy and, in England, from a date to be appointed, national development management policies. National policy is set out in the National Planning Policy Framework ( NPPF). The local plan sets a...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note addresses the position before the Procurement Act 2023 regime. It offers direction for public procurement exercises started prior to the Procurement Act 2023 ( PA 2023) taking effect on 24 February 2025. Any in-scope processes initiated on or after that day fall under PA 2023. By virtue of PA 2023’s transitional and savings measures, the earlier public procurement frameworks continue, so far as required, to let contracting authorities finalise and administer procurements begun before PA 2023 commenced (ie procurements still in progress). This Practice Note should be considered with that in mind and contextually understood. For introductory material, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical guidance on PA 2023 appears within a distinct subtopic, see: Procurement Act...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the former 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 in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. For practical guidance on market engagement under the previous legislation, see Practice Note: Market engagement in public procurement. What is preliminary market engagement? Preliminary market engagement ( PME) means researching and engaging with the market to shape a forthcoming...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Competitions commenced on or after this date must proceed under PA 2023. Procurements initiated under the earlier framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen under those rules. 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. What is preliminary market...
Securing Net Zero in Planning Development Projects—( Evelyn & Ezra’s Clause) The Chancery Lane Project presents model climate clauses delivering drafting tools designed to support local planning authorities build confidence in demanding carbon neutral development......
This Practice Note outlines the pre-action protocols, citing the Practice Direction Pre- Action Conduct and Protocols ( Practice Direction), and provides a summary of the particular pre-action protocols that may apply to your dispute. It gives guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your matter is progressing, you may also need to consider further provisions—see below. For details on: the reforms proposed by the Civil Justice Council following its review of the pre-action protocols, and any related developments discussed at subsequent Civil Procedure Rule Committee and Online Procedure Rules Committee meetings—see: Pre-action protocols—overview the importance of alternative dispute resolution ( ADR)—see: ADR and dispute resolution clauses—overview and Mediation—overview developments concerning online dispute resolution—see: Starting and managing online claims—overview general guidance on commencing a claim—see: Starting a claim or...
Practice Note This Practice Note outlines the objectives of the Protocol, in force from 13 January 2020 and applying only to residential property in England. It sets out: the Protocol’s scope and the possible outcomes of non-compliance the duty on parties to consider ADR what a tenant’s letter of claim should contain and how a landlord should respond when to instruct experts issues of costs and limitation the tenant’s obligation to allow reasonable access for inspection and repair Formerly the Pre- Action Protocol for Housing Disrepair Cases, it has been revised to reflect claims based on a landlord’s implied covenants concerning fitness for human habitation under section 9A of the Landlord and Tenant Act 1985, as amended by section 1 of the Homes ( Fitness for Human Habitation) Act 2018. Before relying on the Protocol, a tenant should ensure the landlord is already aware of the substandard housing...
ARCHIVED: This Practice Note is archived and is no longer maintained. The Homelessness Reduction Act 2017 ( Commencement and Transitional and Savings Provisions) Regulations 2018, SI 2018/167, were made on 8 February 2018, and the Homelessness Reduction Act 2017 ( HRA 2017) took legal effect in its entirety on 3 April 2018. This introduced a major statutory shift to the obligations of local housing authorities in England under the Housing Act 1996, aligning the position more closely with that operating in Wales then. This Practice Note stays pertinent only to applications submitted before 3 April 2018. For information on the principal housing duties for applications after 3 April 2018 in England, see Practice Note Homelessness—assisting the homeless post-3 April 2018. This Practice Note reflects law prior to 3 April 2018 and is not maintained now. Homelessness duties in England and Wales This Practice Note outlines clearly the principal...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) have commenced. Procurements started on or after that date must be conducted pursuant to PA 2023, while procedures initiated under 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 run and overseen in line with those regimes. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and are therefore 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. The public procurement regime The domestic public procurement regime is founded on several sets of...
This Practice Note summarises school admission appeals and the legal framework in England and Wales. It outlines the two-stage process and the infant class size route, who may sit on panels, how hearings are arranged and run, and the further remedies available if an appeal is unsuccessful. Legislative framework for school admissions and appeals England In England, the framework for admission appeals comprises: the School Standards and Framework Act 1998 ( SSFA 1998) the School Admissions ( Admission Arrangements and Co-ordination of Admission Arrangements) ( England) Regulations 2012, SI 2012/8 the School Admissions ( Appeals Arrangements) ( England) Regulations 2012, SI 2012/9 statutory guidance, ‘ School admissions appeals code 2022’ (appeals code) (issued under SSFA 1998, s 84), which uses ‘must’/‘must not’ where duties are mandatory statutory guidance, ‘ School admissions code 2021’ (admission code) (issued under SSFA 1998, s 84), which uses...
Solicitors are not required to make a clinical diagnosis of someone’s mental condition; however, they do need to be conversant with a range of tests and assessments that are commonly used in practice. A modest understanding of clinical tests can be helpful in day-to-day situations in practice. When considering assessments and tests for individuals who might lack capacity, there are two essential sources of information to consult: the Mental Capacity Act 2005 ( MCA 2005) the Mental Capacity Act 2005 Code of Practice (the Code) When to assess A person’s capacity should be evaluated whenever it is in doubt......
This practical guidance relates to the Procurement Act 2023 regime From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that date must, where applicable, proceed under PA 2023. Procurements initiated under the former regime—the Public Contracts Regulations 2015, SI 2015/102; the Utilities Contracts Regulations 2016, SI 2016/274; the Concession Contracts Regulations 2016, SI 2016/273; and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and overseen in line with that legislation. This guidance concentrates on public procurement under PA 2023. For practical guidance on below-threshold contracts under the prior regime, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime—pre PA 2023. The below-threshold public procurement regime In general, the below‑threshold regime affords contracting authorities greater scope to craft an...
This practical guidance concerns the Procurement Act 2023 regime. From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in force. Procurements started on or after that date must, where applicable, be conducted under PA 2023, while those begun under the earlier legislation (the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848) must continue to be procured and managed in line with that legislation. This guidance centres on public procurement under PA 2023. For background on the former regime, see Practice Note: Introduction to public contracts procurement—pre- PA 2023. For practical guidance on procedures allowing direct award under PCR 2015, see Practice Note: Public...
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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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