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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 was last updated on 16 March 2021. It provides a concise overview of the post‑ Brexit immigration framework and the alterations to UK entry rules that applied to non‑ EEA citizens from 1 December 2020, and to EEA citizens outside the EU Settlement Scheme from 1 January 2021. It also outlines key policy developments and announcements made before, and immediately after, IP completion date. This note has been archived and is no longer being updated. On 19 February 2020, the government outlined the ‘new’ post‑ Brexit UK immigration system, signalling substantial reforms scheduled to begin on 1 January 2021. Further information followed on 13 July 2020. Then, on 22 October 2020, the Home Office released a comprehensive Statement of Changes in Immigration Rules HC 813 (‘ Statement of Changes HC 813’), together with an Explanatory Memorandum. This Statement brings into effect...
This Practice Note outlines retained EU law as it operated in 2021–23, setting out key definitions and concepts with pointers to the relevant provisions of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It further considers the overhaul of retained EU law and its re-labelling as assimilated law from 2024. Wider aspects of the EU( W) A 2018, together with the distinct arrangements and divergences for the UK’s devolved administrations, fall outside the scope of this Practice Note. Evaluation of particular instruments, provisions or rights, and whether they are retained, is likewise excluded. what’s the difference? Both “retained EU law” and “assimilated law” describe the residual body of domestic law that originally stemmed from the UK’s membership of the EU. The labels mark two phases in the domestic legal system’s adjustment to...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are operative. Procurements initiated on or after that date must proceed under PA 2023, while those started under earlier regimes (the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered in accordance with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law As EU-derived domestic legislation, the PCR 2015 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. Additional requirements following award of a public contract At times, after awarding a contract for works, services or...
A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met. Notice of Proceedings for Possession The landlord must give the tenant a Notice of Proceedings for Possession which sets out: its intention to apply to the court for a possession order the reasons it seeks possession the earliest date on which proceedings may start confirmation of the tenant’s right to have the decision reviewed the deadline for requesting a review that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a...
This Practice Note reviews the factors the court will take into account and the test it will adopt when considering an application by a trustee in bankruptcy (the trustee) seeking orders for possession and sale of the bankrupt’s home, including accommodation occupied by the bankrupt’s family... For further reading on making possession and sale applications and on the timing of any application, see Practice Notes: Possession and sale applications in respect of a bankrupt’s family home The ‘three-year rule’ in bankruptcy under section 283A of the Insolvency Act 1986 Applications for possession and sale of the family home Where a trustee applies to the court for possession and sale, they will, amongst other things, need both an order for sale and an order for vacant possession. In substance this is a two-stage exercise, yet, in practice, it is usually addressed within a single...
Contents Context Viability in national planning policy and guidance Local planning policy and guidance RICS 2021 Guidance on viability Viability assessments in practice Decision-taking and section 106 agreements London Build to rent Transparency, viability and freedom of information Viability evidence and risk of third party challenges Glossary Context The planning framework in England and Wales is driven by plans. Every local planning authority ( LPA) is required to produce and keep up to date a development plan that identifies planning policies and land use priorities for its area. These plans indicate where development may come forward, and the nature, scale and form that will be allowed in specified places. They also typically include policies for securing planning obligations made under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990), often called...
What are planning use swaps and how do they arise? There is no dedicated statute that regulates planning use swaps. The requirement for such arrangements emerges where a local planning authority ( LPA) adopts a policy curbing or banning the loss of residential space within its jurisdiction. When a planning proposal would result in dwellings being displaced, certain LPAs insist on a linked application delivering a proportionate ‘re-provision’ of homes elsewhere in the same district. In practice, a use swap involves two separate developers coordinating schemes to balance the reduction at one site with equivalent housing provided at another......
STOP PRESS: From 25 March 2026, the core provisions of the Levelling-up and Regeneration Act 2023 concerning plan-making have taken effect. This Practice Note is being updated to reflect these changes. Why is planning policy important? Planning policy: sets the types and locations of development in an area supports the key aims of local planning authorities ( LPAs) guides how planning applications are determined Applications that align with planning policy are more likely to secure permission than those that do not. Accordingly, developers should take relevant policy and guidance into account when preparing their proposals. Objectors can also rely on policy to reinforce their case, for example where a scheme conflicts with local policies. Furthermore, if an LPA disregards national policy, this can justify an objection in a local plan inquiry or a public inquiry into a particular development. In some instances, a failure to have proper regard to...
Contents of training materials These materials include slide decks and presenter notes, created to familiarise trainees, junior lawyers, practitioners from other specialisms, and clients with the essentials of the planning application process. They set out: who is eligible to apply for planning permission outline, full, or hybrid planning applications the procedures and criteria for pre-application advice and pre-application consultation the publicity that must be undertaken the requirements for the submission of full and......
What is a planning performance agreement? ( PPA) Planning performance agreements are voluntary memoranda of understanding or agreements between a planning applicant, the local planning authority ( LPA) and, in some instances, other interested parties such as key statutory consultees. A PPA records agreed commitments on timescales, tasks and the resources to be applied to a particular planning submission. Functioning as a project management framework, it sets out the pathway for reaching a determination on the application. PPAs are commonly put in place before an application is lodged and may span every stage of the process, including pre-application. Although the emphasis is usually on the pre-application and application phases, a PPA can also extend into the post-application period, for example to govern how reserved matters or approvals of details will be dealt with. They might be documented as a simple memorandum of...
Practice Note: Planning—enforcement When it appears to a local planning authority ( LPA) that planning control has been breached, it may, at its discretion, take enforcement action under Part VII of the Town and Country Planning Act 1990 ( TCPA 1990). For these purposes, section 171A of the TCPA 1990 defines a breach of planning control as: undertaking development without the necessary planning permission, or not complying with any condition or limitation attached to a planning permission This Practice Note explains in detail how a breach of planning control is established, when development acquires immunity from enforcement, and the factors an LPA should weigh when deciding whether to proceed with formal measures. Its focus is on the range of steps available to an LPA in response to a breach of planning control. The Practice Note does not address enforcement concerning listed buildings. For that, see Practice Note: Listed...
Breach of planning control and enforcement action Under the Town and Country Planning Act 1990 ( TCPA 1990), any breach of planning control can be met with enforcement measures. For these purposes, a breach of planning control is understood to mean: undertaking development without the requisite planning permission — this presumes that an unauthorised operation or a material change of use has occurred which amounts to development within TCPA 1990, s 55, that such development requires planning permission, and that no permission has been secured When determining whether a breach of planning control has arisen in this context, the applicable guidance and case law on the meaning of ‘development’ must be applied; see Overview: Is planning permission required?......
Within this Practice Note, references to the ‘ Secretary of State’ are to be read as including the Welsh Ministers, and any distinctions in policy or legislation are highlighted. What is a 'called-in application'? Ordinarily, planning applications and applications for listed building consent are decided locally by the relevant local planning authority ( LPA). The Secretary of State, however, retains a reserve ability to require the LPA to submit an application for a decision by the Secretary of State rather than leaving the matter to the LPA; this is the ‘call-in’ power. Only a small proportion of planning applications are called in. There is no statutory obligation on the Secretary of State to exercise the call-in power. Legal basis for call-in The call-in power has its origin in: section 77 of the Town and Country Planning Act 1990 ( TCPA 1990), covering...
Statutory duty to consider heritage impacts in determining planning applications Until 4 November 2024, the framework for heritage assets in Wales—including conservation areas and listed buildings—was contained in the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023), which gained Royal Assent on 14 June 2023, consolidated and replaced legislation concerning Wales’s historic environment from 4 November 2024 onwards. Statutory duty in England Section 66 of the P( LBCA) A 1990 provides that, when determining whether to grant planning permission for development affecting a listed building or its setting, the local planning authority ( LPA)—which, for these purposes, includes the Mayor of London where planning permission is granted by Mayoral development order—or the Secretary of State must give special regard to the desirability of preserving or enhancing the...
Planning-related fees are levied so that developers, rather than the wider taxpayer, cover the costs borne by local planning authorities ( LPAs) when deciding planning applications. This ensures the burden of processing sits with those proposing development, not the general public. At present, fees are fixed nationally by government; LPAs cannot vary the prescribed amounts. Charges for each type of development generally mirror the effort an LPA must expend to handle an application. In England, however, the Planning and Infrastructure Act 2025 ( PIA 2025) includes provisions (not yet commenced) enabling regulations to permit or oblige LPAs to set fee or charge levels, and to ringfence income from certain planning fees or charges for named planning functions. Guidance on fees England: guidance is set out in Planning Practice Guidance and on the Planning Portal. Wales: guidance is provided by the Welsh...
Background In October 2011, an independent advisory panel was created to examine how the planning system in Wales was being delivered in practice. By 2014, the panel concluded that a comprehensive ‘root and branch’ overhaul was unnecessary, though it proposed a series of measures to enhance the system as a whole. This process culminated in the Planning ( Wales) Act 2015 ( P( W) A 2015), which formally obtained Royal Assent on 6 July 2015 and—save for one principal exception—is, in practical terms, now substantially in force, for the most part, following its detailed commencement provisions and seven Commencement Orders, the most recent issued in 2021. The exception concerns the facility to apply directly to the Welsh Ministers for planning permission under P( W) A 2015, s 23, which is commenced only so far as is needed to permit the making of...
Planning permission and the GPDO Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for ‘the carrying out of any development of land’. The TCPA 1990, s 55(1) defines ‘development’ as either of the following: the undertaking of building, engineering, mining or other operations in, on, over or beneath land (see Practice Note: Operational development), or the occurrence of any material change in the use of buildings or other land (see Practice Note: Material change of use) By virtue of TCPA 1990, s 58(1)(a), planning permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) Order 2015 ( GDPO 2015), SI 2015/596, and the Town and Country Planning ( General Permitted Development Order) 1995 ( GDPO 1995), SI 1995/418 (together, the GPDO) constitute such...
This practical guidance concerns the position prior to the Procurement Act 2023. It addresses public procurement exercises started before the Procurement Act 2023 ( PA 2023) came into effect on 24 February 2025. In-scope procurements initiated on or after that date are subject to PA 2023. Owing to PA 2023's transitional and savings provisions, the earlier public procurement regimes continue to operate as required to enable contracting authorities to finish and administer procurements launched before PA 2023 commenced (ie ongoing procurements). This Practice Note should be interpreted in that light. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic, see: Procurement Act 2023—overview. That subtopic also includes the following Practice Note dealing with contract modification: Contract modification— PA...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must follow PA 2023, while those initiated under the earlier regimes must continue to be procured and overseen under those rules, namely: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law. Where a contracting authority lets a public contract above the relevant financial threshold, it must adopt one of the...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—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 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 public procurement law, and was...
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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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