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 outlines compulsory and discretionary business rates relief for charities, plus empty property rates, mitigation and risk. FORTHCOMING CHANGE: The Charities Act 2022 ( CA 2022) received Royal Assent on 24 February 2022 and will be introduced in phases up to March 2024. It implements the majority of the recommendations from the Law Commission’s 2017 report, ‘ Technical Issues in Charity Law’. For a summary of the accepted recommendations, see News Analysis: Government response to Law Commission report ‘ Technical Issues in Charity Law’. For further guidance on the roll-out of CA 2022, see News Analysis: Charities Act 2022-what do we know so far? Discretionary relief Under sections 43(6) and 47 of the Local Government Finance Act 1988 ( LGFA 1988) and LGFA 1988, Sch 4ZA Pt 2, para 2, a charity occupying commercial premises qualifies for a mandatory 80% reduction in business rates,...
Business rates are typically payable by the relevant ‘owner’ where non-domestic premises are unoccupied, though specified exemptions apply. This Practice Note explains liability for empty property business rates, highlighting common exemptions (often referred to as ‘empty rates relief’) with a focus on England. Occupation and possession are decisive-whether actual or attributed through ownership. Empty properties: rates A ratepayer is chargeable for the full non-domestic rate whether a property is wholly in use or only partly occupied. Where premises are partly occupied for a short period, the local authority may, in certain situations, use its discretion to grant relief for the unoccupied portion. For rating purposes, the ‘owner’ of a hereditament or land-and therefore the person liable-is the party entitled to possession. See section 45 of the Local Government Finance Act 1988 ( LGFA 1988). See Practice Note: Liability for business rates- Owners. Under LGFA 1988, s 65(1), the...
ARCHIVED: This Practice Note is archived and is not maintained. This Practice Note outlines the changes brought in by the: Early Years Foundation Stage ( Miscellaneous Amendments) and Childcare Fees ( Amendment) Regulations 2021, SI 2021/432 (effective from 1 September 2021) to the: Early Years Foundation Stage ( Learning and Development Requirements) Order 2007, SI 2007/1772 Early Years Foundation Stage ( Welfare Requirements) Regulations 2012, SI 2012/938 The Early Years Foundation Stage ( EYFS) statutory framework sets the benchmarks all early years providers must meet to ensure children aged 0–5 learn and develop effectively and are kept healthy and safe. As part of the national response to coronavirus ( COVID-19), local authorities are carrying out a broad range of essential and additional duties, whilst also contributing to local resilience planning and the continued delivery of local services. This...
This introductory guide for newcomers sets out the basics of data protection law for readers who are not familiar with the subject, and offers an overview of the principal elements of the UK’s general data protection framework. There are more comprehensive Practice Notes for specialists or advisers dealing with specific aspects of data protection law. For a toolkit that consolidates various key guidance on aspects of data protection, consult the UK data protection law collection. Data protection law and its purpose In short, UK data protection legislation aims to ensure information about living individuals, defined as ‘personal data’, is handled fairly and responsibly. To achieve this, the law places extensive duties and responsibilities on anyone ‘processing’ personal data, as well as on the controllers overseeing such processing. It also confers a set of rights upon those whose personal data is...
This Practice Note This Practice Note examines the remedies obtainable in a judicial review raised in Scotland. For guidance on: other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland Judicial review in Scotland-grounds of challenge Judicial review in Scotland-raising a claim Judicial review in Scotland-protective expenses orders issues to weigh before bringing a civil claim in a Scottish court, and how to commence and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation-overview and Scottish DR: case management and evidence-overview respectively, which provide links to more detailed guidance other facets of Scottish civil litigation, see: Scottish DR: civil appeals and judicial...
This Practice Note provides an introduction to judicial review in Scotland For guidance on: further aspects of judicial review in Scotland, consult Practice Notes: grounds of challenge remedies raising a claim protective expenses orders other core areas of Scots law and procedure, see our Scotland collection judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used and Judicial review-time limits and the pre-action protocol Key HRA 1998 - Human Rights Act 1998 RCS - Rules of the Court of Session 1994 SA 1998 - Scotland Act 1998 Judicial review is the mechanism by which the Scottish courts...
Civil justice reform See our Practice Note: Civil justice reform in Scotland-virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note examines protective expenses orders ( PEOs) in the setting of judicial review claims brought in Scotland. For guidance on: other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland–grounds of challenge, Judicial review in Scotland-remedies and Judicial review in Scotland-raising a claim other key areas of Scottish law and procedure, see our Scotland collection, and the closest equivalent procedure in England and Wales, see Practice Note: Protective costs orders Key: PEO- Protective Expenses Order PPD- Public Participation Directive 2003/35/ EC RCS- Rules of the Court of...
This Practice Note addresses judicial review grounds of challenge in Scotland For guidance on: other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland-remedies; Judicial review in Scotland-raising a claim; and Judicial review in Scotland-protective expenses orders other key areas of Scots law and procedure, consult our Scotland collection judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used; and Judicial review-time limits and the pre-action protocol Key HRA 1998- Human Rights Act 1998 ECHR- European Convention on Human Rights ECt HR- European Court of Human Rights Principal grounds for challenge before the Scottish courts include: illegality irrationality procedural impropriety proportionality Each of these is outlined in greater detail...
Convention rights The Human Rights Act 1998 ( HRA 1998) took effect in October 2000 and is intended to give effect to the rights set out in the European Convention on Human Rights ( ECHR) (the Convention rights). The ECHR is a binding international treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it became binding in UK law only with the introduction of the HRA 1998......
The scope of this Practice Note This Practice Note addresses project management for both stand-alone projects and larger, integrated programmes, and also covers risk management. Recognise that projects often sit within a wider programme (such as a corporate transformation), so programme-level disciplines must be applied as well. Risk management—legal risks included—should be woven into the chosen methodologies to secure successful outcomes. It explains the difference between a project and a programme, how project assurance is overseen, and how risk strategies are built into the delivery of the relevant project or programme. It also points to commonly used methodologies. Accountability for promoting sound project management across central government now sits with the National Infrastructure and Service Transformation Authority ( NISTA), launched on 1 April 2025 through the consolidation of the former Infrastructure and Projects Authority ( IPA) and the National...
Robust spatial planning plays a key role in tackling climate change, as it can affect the release of greenhouse gases. Local planning authorities ( LPAs), along with other planning decision-makers, should make sure that safeguarding the local and wider environment is fully taken into account. Good planning can build resilience to climate change impacts through careful choices on the siting, mix, and design of development......
General objective of local traffic authorities—contemplating making a traffic order Traffic rules frequently create preferential treatment for chosen modes of travel, for example, though this can slow down others on the road. The typical aim is to nudge travellers towards vehicles that cut congestion and/or emissions overall. Section 122 of the Road Traffic Regulation Act 1984 ( RTRA 1984) sets out broad aims for local traffic authorities when considering a traffic order......
This new starter guide offers a primer on Local Government law, designed for trainee solicitors and anyone entering the Local Government arena. It highlights the core points that commonly arise when advising on Local Government matters and signposts further Lexis Nexis® resources and materials that deliver deeper, more comprehensive coverage of the subjects discussed. Newcomers to the sector will also benefit from the Overviews within each subtopic of the Local Government practice area, which many will find useful. These Overviews distil the law on a specific right or issue and link to pertinent material within the subtopic, guiding you through the relevant terrain and helping you navigate the area concerned. For example, see: Structure of local government—overview and Powers and duties—overview. If this basic guide does not address a point, use the Topics tab or the Topics drop down menu to explore...
This Practice Note provides a high-level overview of the principal changes to residential tenancies introduced by the Renters’ Rights Act 2025 ( RRA 2025), in outline. More detailed guidance will be issued in due course, and also refreshed as subsequent regulations supply further particulars and commencement dates for the relevant provisions as they are made. The Practice Note covers: ending assured shorthold tenancies ( ASTs) assured tenancies ( ATs) operating on a periodic basis bringing tenancies to an end rent rules and tenancy deposit obligations keeping pets implied covenants on fitness for human habitation and on repair discrimination in the rental market in England and Wales assured agricultural tenancies penalties for unlawful eviction or harassment obligations on landlords, contractors and other relevant persons regarding ATs, plus financial penalties and offences for non-compliance, and guarantor liability redress scheme for private sector landlords private rented sector database rent repayment orders sanctions, including financial penalties, for breaches of...
Offset arrangements occur when a bidder must provide, or is offered, extra investment, payments, or other industrial, commercial, or economic advantages as a prerequisite of its tender, typically as part of a public procurement arrangement or contract. Prevalent in the aerospace and defence sectors, these mechanisms are also known as offset agreements, industrial benefit, industrial participation, industrial co-operation, juste retour, or counter-trade. Buying states often insist on offsets to balance substantial procurement outlay, or to secure access to advanced technology or employment opportunities. Numerous jurisdictions embed offsets within bid evaluation criteria and attribute considerable weight to them when scoring tenders at the award stage. Types of offset arrangement—direct or indirect Direct offset A direct offset links straight to the principal contract, for example producing a component within the buyer’s territory. Indirect offset An indirect offset arises when the supplier, or its government, must purchase or invest in...
Express and implied contractual terms distinguished Contractual terms may be either express or implied: Express terms—provisions set out in a written contract or clearly stated in an oral agreement at the point of formation (and they may comprise a combination of written and spoken terms) Implied terms—provisions not expressly stated but read in ‘by implication’ to reflect the parties’ intentions when the contract was made Terms may be implied by fact, by law, or by custom. For guidance on implying terms into contracts, see the following Practice Notes: Contract interpretation—terms implied by fact Contract interpretation—terms implied by law Contract interpretation—terms implied by custom and usage Issues with express contractual terms Even where terms are expressly agreed, issues can arise as to: incorporation—what has actually been included as an express term of the contract, and construction or...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
Right to enter land for survey purposes under CPA 1965 once compulsory purchase order is confirmed The Compulsory Purchase Act 1965 ( CPA 1965) authorises acquiring authorities to access land to undertake surveys, but only once a compulsory purchase order ( CPO) has been confirmed. Under CPA 1965, s 11(3), an acquiring authority may enter land (or any part of it) subject to compulsory purchase in order to: survey, value and take levels of the land probe or drill to discover the nature of the soil set out the line of the works, provided at least three and no more than 14 days’ notice is given to the owners or occupiers Owners or occupiers must be compensated for any damage caused by entry, and any dispute about compensation can be referred to the Upper Tribunal ( Lands Chamber). Right to enter, survey and value land under HPA 2016 before CPO is...
There are four ways in which a local planning authority ( LPA) may take enforcement action against unauthorised works, or potential/impending future unauthorised works, to a listed building: by issuing a listed building enforcement notice; and/or by issuing a temporary stop notice by bringing a prosecution; and/or by seeking an injunction Unauthorised works to a listed building are a criminal offence, irrespective of whether the LPA proceeds with enforcement action. For further guidance on listed buildings in general, see Practice Note: Listed building regime and listed building consent in England. The National Planning Policy Framework makes clear that heritage assets are an irreplaceable resource and must be conserved in ways proportionate to their significance, ensuring their contribution to the quality of life is available to present and future generations. The enforcement regime remains a vital element of that...
This Practice Note summarises provisions in the Renters’ Rights Act 2025 ( RRA 2025) that place duties on landlords, contractors and other relevant persons in relation to assured tenancies ( ATs). It also addresses financial penalties and offences for breaches of those duties, penalties for unlawful eviction or harassment of occupiers, and guidance on procedure, appeals and enforcement. For further guidance, see Practice Note: Renters' Rights Act 2025—key provisions. Duties of landlords and others ( Part 1, sections 12–14) RRA 2025, s 12 amends the Housing Act 1988 ( HA 1988) by inserting new requirements binding landlords and those acting on their behalf. These obligations commence for private sector landlords on 1 May 2026. Duty of landlord and contractor to give statement of terms (section 12) New HA 1988, s 16D creates a duty on landlords and their contractors (see below) to provide the tenant, before the...
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
