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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 practical guidance concerns the position before the Procurement Act 2023. It addresses public procurement exercises launched prior to the Act ( PA 2023) taking effect on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Transitional and savings provisions preserve the former procurement regimes insofar as needed for contracting authorities to finalise and manage procurements begun before commencement of PA 2023 (ie ongoing procurements). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 Unless an exemption applies—for example, where the contract value is below the relevant financial threshold—a contracting authority must adopt one of the five permitted...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those begun pursuant to earlier legislation must continue to be procured and managed under that legislation. The earlier legislation comprises the following instruments: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 Please refer to the Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates specifically to the Procurement Act 2023 regime. This practical guidance addresses public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on public procurement under the previous legislation, see Practice Notes: Introduction to public contracts procurement, Introduction to concession contracts procurement and Introduction to utilities contracts...
STOP PRESS: The Supreme Court decided in R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care [2023] UKSC 31 that responsibility for section 117 Mental Health Act 1983 aftercare rests with the authority for the area in which the individual was ordinarily resident prior to the admission. This still holds even where accommodation had been arranged by another local authority under an earlier section 117 obligation. For commentary, see News Analysis: Ordinary Residence and Mental Health Aftercare Services ( R ( Worcestershire County Council) v Secretary of State for Health and Social Care) and Supreme Court confirms duty to provide after-care services ends when a person is re-detained for treatment ( R (on the application of Worcestershire County Council) v Secretary of State for Health and Social Care), LNB News 10/08/2023 41. A local...
Local authorities This Practice Note identifies which local authorities may authorise and regulate on-street parking, stressing that the competence is confined to roads and requires the consent of the highway authority or any other person charged with maintaining the road. It also sets out how councils can impose charges for designated on-street parking places, including through parking meters and other parking devices. At common law, leaving a vehicle on a highway constitutes an obstruction of the public right of passage, yet stopping has always been permitted for loading and unloading, and (for reasonable periods) during meal breaks or where there is mechanical breakdown. In any case, it is arguably not a genuine obstruction (ie not a nuisance at common law) if there is ample space for traffic to pass the parked vehicle. The Road Traffic Regulation Acts addressed this by authorising certain local...
For additional hands-on guidance on key legal matters in the wind sector, also consult the textbook Wind: Projects and Transactions. What is onshore wind? Onshore wind describes turbines sited on land. These machines convert the kinetic energy of moving air (wind) into electrical power. In essence, they turn wind energy into electrical generation. The configuration and height of each turbine influence output. Wind turbines components Turbines use blades that spin about a hub linked to the nacelle at the top of a steel tower, high above the ground. Most feature three blades rotating about a horizontal axis. Two‑bladed variants exist, generally at smaller scale. Horizontal‑axis machines account for most of the sector; they extract more electricity from a given wind resource, though they are less effective in turbulent conditions that can reduce performance. Figure 1—an example of horizontal‑axis turbines (source: WSP)....
National Planning Policy Framework ( NPPF) Under the NPPF, local planning authorities are urged to frame policies that optimise renewable and low carbon energy schemes, while satisfactorily tackling adverse effects, including cumulative landscape and visual impacts. Where proposals would otherwise be unacceptable, planning conditions and obligations can secure acceptability. Conditions should only be attached when they are: necessary; relevant to planning and to the development to be permitted; enforceable; precise; and reasonable in all other respects. Planning obligations are governed by the 'reasonableness tests' in the Community Infrastructure Levy Regulations. See Practice Note: Planning conditions—key points. The former Department of Energy and Climate Change ( DECC) issued sample conditions for wind energy developments. The National Policy Statement for Renewable Energy Infrastructure (the Renewables NPS) also offers guidance on various forms of mitigation for onshore wind farm impacts. However, determining authorities should tailor these, where appropriate, to the particular...
This Practice Note outlines the statutory bases for Ofsted’s administrative framework and fields of activity, the cadence and character of school inspections in particular, the distinct categories of inadequate schools in England, and the actions that a local authority may need to take under the Education and Inspections Act 2006 ( EIA 2006) if one of its schools is deemed inadequate. Ofsted Ofsted is a non-departmental public body funded by government, working in England and led by His Majesty’s Chief Inspector of Education, Children’s Services and Skills ( HMCI). The bulk of Ofsted’s powers and responsibilities sit in Part 1 of the Education Act 2005 ( EA 2005), while the overarching functions and duties of His Majesty’s Chief Inspector are specified in EIA 2006, ss 116–119. In line with EIA 2006, Sch 12, these functions can be delegated lawfully. Ofsted inspectors ( HMIs) are...
For additional practical guidance on key legal issues in the wind sector, consult the textbook: Wind: Projects and Transactions. What is offshore wind? Offshore wind means wind turbines installed in bodies of water, most commonly the sea. These turbines convert the kinetic energy of moving air into electricity. Because wind speeds offshore are typically more stable than on land, offshore projects can produce greater volumes of power. While there are overlaps, offshore turbine technology differs markedly from land-based systems. Offshore wind turbines components Early offshore schemes relied on adapted onshore machines; today, turbines are purpose-designed for marine conditions and deliver higher capacities than the largest onshore units, reaching 8–12 MW (megawatts) compared with about 3–4 MW onshore. Even larger onshore and offshore models are currently being developed and built. As with onshore technology, the key parts of an offshore turbine include the following (see Practice Note: Onshore...
This Practice Note explores what is required for a legally binding offer. It covers: the meaning of ‘offer’ how to distinguish an offer from an invitation to treat, with common examples types of offer, ie proposals ‘subject to contract’, heads of terms, and unilateral contracts the ways in which offers can be terminated For practical guidance on valid acceptance, see Practice Note: Forming contracts—acceptance. For the court’s general approach to contract formation, see Practice Note: Forming enforceable contracts—the court's general approach. Note: Part 36 settlement offers made under CPR 36 fall outside the usual rules of contract law and are governed by the specific regime set out in CPR 36. For guidance on what constitutes a valid Part 36 offer, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. The elements of a legally binding offer the...
Offences under the Licensing Act 2003 All offences created by the Licensing Act 2003 ( LA 2003) are summary-only, meaning they are heard solely in the magistrates’ court. Ordinarily such matters must be brought within six months of commission ( Magistrates’ Courts Act 1980, s 127), but LA 2003, s 186(3) provides that, for these offences, the deadline to lay an information runs to twelve months from the date of the offence. Proceedings are commonly commenced by postal requisition. Licensing Authorities, the police, or the local Weights and Measures Authority may prosecute any LA 2003 offence. In addition, the court may order the forfeiture of a personal licence or suspend it for up to six months, and can also direct the forfeiture of any goods involved (eg alcohol). Following conviction for a relevant offence within LA 2003, s 113(1), the police may object to any...
The Video Recordings Act 1984 ( VRA 1984) sets out a number of offences relating to the possession and distribution of video recordings that are unclassified, or that breach a classification issued by the British Board of Film Classification. Time limits on proceedings Criminal proceedings for an offence under the VRA 1984 must not be instituted more than three years after the offence was committed, or more than one year after it was discovered by the prosecutor, whichever is earlier. Supplying a video recording of an unclassified work The offence of supplying a video recording of an unclassified work is triable in the magistrates’ court or in the Crown Court. A person commits the offence if they do any of the following: supply, or offer to supply, any video recording, that contains a video work, in respect of which no classification certificate has been issued Meaning of supply or offering to supply ' Supply' covers...
The core public entitlement on a highway is to go to and fro, and blocking a highway may constitute a criminal offence as well as a civil wrong in tort. Highway authorities carry a statutory obligation to prevent, so far as practicable, the stopping up or obstruction of highways within their respective areas. Criminal offence of obstruction Wilful obstruction of a highway without lawful excuse is also one of a number of criminal offences. Lawful excuse can exist in several situations, including for example: use of statutory powers to plant trees in highways, erect barriers within those highways, or place gates across them; where a landowner has dedicated a highway subject to a restriction that permits an otherwise obstructive feature, such as a pre-existing bridge or an overhanging building; exercise by a frontager of lawful rights to use the highway for access to their...
This Practice Note outlines the offences that may arise from nuisance parking and from carrying out vehicle repairs on the highway. It also summarises the statutory defences and the maximum penalties that can follow upon conviction... Nuisance parking Sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 ( CNEA 2005) criminalise nuisance parking. Both offences are dealt with summarily... Under CNEA 2005, s 5, criminal liability can attach to directors and other officers acting in that role, as well as to the company itself for committing an offence... There may additionally be liability under section 137(1) of the Highways Act 1980 ( Hi A 1980) for wilful obstruction of the highway... Furthermore, where anything is unlawfully placed on the highway so as to amount to a nuisance, a local authority may serve a notice requiring removal and apply to the...
The Planning Act 2008 ( PA 2008) establishes a development consent framework for nationally significant infrastructure projects ( NSIPs) across the energy, transport, water, waste water and waste sectors. Applications for development consent orders ( DCOs) are determined with regard to National Policy Statements ( NPSs), which describe national policy for NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements. Although the Secretary of State ( So S) carries the legal duty to decide, in reality government delegates the acceptance and examination of applications to the Planning Inspectorate ( PINS). For an outline of the DCO process, see: Development consent order ( DCO) application procedure—flowchart. Importance of application preparation Poorly organised, unclear or incomplete applications are more likely to be refused at the acceptance stage for examination. Once an application has been submitted and accepted,...
The Non- Domestic Renewable Heat Incentive ( NDRHI) ceased taking new applications on 31 March 2021. However, in limited cases an application for accreditation (for installations) or for registration (for biomethane production) can still be submitted after that date, as outlined in this Practice Note. This Practice Note also offers a detailed account of the NDRHI’s status in relation to: scheme closure continuing obligations for accredited or registered installations the role of the Office of Gas and Electricity Markets ( Ofgem) how the NDRHI interacts with Contracts for Difference ( Cf D) and the Capacity Market ( CM) the Green Gas Support Scheme ( GGSS), the successor subsidy to the NDRHI What is the NDRHI? The NDRHI applies in GB. A separate but comparable scheme in Northern Ireland has also closed to new applicants and, following a...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note examines which non-domestic privately rented properties ( NDPR) fall within the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962; it also addresses the prohibition on letting NDPR and the way minimum energy efficiency standards ( MEES) interact with energy performance certificate ( EPC) requirements. It forms part of our MEES Practice Note series... Implementation of the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 For an overview of the background to the development of MEES, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented...
This Practice Note is the third in a three-part series on health care procurement under the Provider Selection Regime ( PSR), brought into effect by the Health Care Services ( Provider Selection Regime) Regulations 2023 ( PSR Regs 2023), SI 2023/1348, effective from 1 January 2024. It addresses: standstill period contract award contract modifications urgent awards/modifications contract management termination Standstill period A contract arranged using the: direct award process C most suitable provider process competitive process framework agreement must not be concluded until the standstill period has ended. The standstill begins on the day after the notice of intention to make award is published on the central digital platform and must last for at least eight working days. This pause allows any service provider who is aggrieved, or who believes PSR Regs 2023 have not been observed, to send written representations to the relevant authority ( RA), particularising their concerns, before the contract is...
This Practice Note addresses the NHS complaints process, the governing legislation, local resolution and Ombudsman-led independent review, matters relating to private patients, and the Care Quality Commission. The NHS complaints procedure Often, what patients want most is a clear explanation of any failings, a sincere apology, and a commitment that similar errors will not recur, which can outweigh a desire for compensation. Grievances may involve misdiagnosis, poor communication by clinicians, delays, inaccurate or misleading advice, and numerous other examples of substandard care or absence of treatment. The NHS complaints route should be the initial step. Without good reason, failure to use it first may result in Legal Aid or Before the Event ( BTE) funding being refused. The scheme applies to concerns about services delivered by, or paid for by, NHS organisations or primary care...
Climate change and sustainability are now central issues for the property sector The built environment accounts for a significant share of greenhouse gas ( GHG) emissions, and clients—developers, investors, real estate investment trusts ( REITs), pension funds, funders and asset managers—are facing rising regulatory demands and sharper market scrutiny. UK and EU regimes require compulsory disclosures on GHG emissions, energy performance and broader environmental, social and governance ( ESG) considerations. Alongside this, a swell of voluntary frameworks and benchmarks have produced an ‘alphabet soup’ of standards that investors, occupiers and lenders are increasingly insisting upon. At the same time, eligibility for sustainable or green finance is tied to demonstrable sustainability outcomes. This Practice Note outlines the principal implications of climate change, net zero and sustainability, together with the mandatory and voluntary reporting landscapes, with a particular emphasis on those applicable to property in England and Wales. It...
STOP PRESS From 25 March 2026, the principal provisions of the Levelling-up and Regeneration Act 2023 on plan-making are in force. This Practice Note is being updated to reflect these changes. Context The Localism Act 2011 brought in neighbourhood planning, enabling communities to influence the development and growth of their local area. Within this process, both independent examination and a referendum are required before the following can be finalised: neighbourhood development plans ( NDPs), which let communities set planning policies for the development and use of land within the neighbourhood, and which form part of the statutory development plan neighbourhood development orders ( NDOs), which grant planning permission in the area without the need for planning applications community right to build orders, a type of NDO, allowing certain community organisations to bring forward smaller-scale development on a specified site without needing planning...
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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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