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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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The Licensing Act 2003 ( LA 2003) The Licensing Act 2003 ( LA 2003) regulates the sale of alcohol, the provision of regulated entertainment, and provision of late night refreshment (hot food and/or hot drink served between the hours of 23.00 and 05.00 daily). For the purposes of LA 2003, performing live music amounts to regulated entertainment, subject to the conditions and exceptions described below. If live music does not count as regulated entertainment, or is exempt under LA 2003, a licence is ordinarily not required under the Act. Exemptions for live music have been introduced and expanded in recent years. In October 2012, the Live Music Act 2012 ( LMA 2012) removed the licensing requirement between 08.00 and 23.00 for unamplified live music in any location (with no limit on audience numbers); and for amplified live music in on-licensed premises that are open for the...
This Practice Note outlines the application, purpose, content and framework of the Licensing Act 2003 ( LA 2003) as it applies in England and Wales. The requirement for authorisation LA 2003 makes it a criminal offence to carry out, or to attempt to carry out, any licensable activity on or from premises without the requisite authorisation. On summary conviction, the maximum sanction is: imprisonment for up to six months an unlimited fine or both See Practice Notes: Summary of offences under the Licensing Act 2003 and Children and alcohol offences under the Licensing Act 2003. Licensing authorities The duty to grant and review premises licences sits with the relevant licensing authority, being the local authority for the area in question. Each licensing authority must form a licensing committee of not fewer than ten and not more than fifteen members of the authority, with...
This Practice Note explains the law and procedure concerning the obligations and responsibilities of a licensing authority under the Licensing Act 2003 ( LA 2003). It sets out the need for a licensing authority to create a licensing committee to discharge its licensing functions, together with the discretion for that committee to appoint one or more sub-committees so as to delegate the majority of those licensing functions. It also includes practical advice on best practice for licensing committees and/or sub-committees on planning and running hearings, and on avoiding common pitfalls encountered in practice. A licensing authority should be well versed in LA 2003 as interpreted by the courts, the relevant regulations made under LA 2003, the statutory guidance, and its own statement of licensing policy. It must likewise observe and adhere to the rules of natural justice; particularly for hearings, where it must act: ...
This Practice Note outlines three types of conditions that may apply to a premises licence under the Licensing Act 2003 ( LA 2003): mandatory, proposed and imposed. It explains these in detail, and highlights conditions that are not permitted. Types of conditions LA 2003 permits conditions to be attached to a premises licence or a club premises certificate in three situations, namely: mandatory conditions — conditions that must be included on a premises licence or club premises certificate in the circumstances specified; proposed conditions — including conditions suggested by an applicant or the holder of a premises licence or club premises certificate, and those regarded as consistent with the operating schedule accompanying an application; and imposed conditions — conditions the licensing authority considers appropriate for promoting the licensing objectives, after receipt and consideration of relevant...
What is the Local Government Pension Scheme? The principal pension arrangement for local authorities is the Local Government Pension Scheme ( LGPS). As a statutory, public service scheme, it covers local government and related staff across England and Wales, with distinct schemes operating in Scotland and Northern Ireland. For a general overview, see: Local government pensions—overview. Bodies joining the LGPS—whether admission, scheduled or designated—take on significant duties and potential risks. Guidance on which employers can participate is set out in Practice Note: The Local Government Pension Scheme—admission agreements. A core responsibility is meeting the cost of benefits, a commitment that most participating employers expect and plan for. Less widely appreciated is the exposure that arises when certain LGPS employers fail because of insolvency or undergo employer restructuring. This issue has drawn particular focus in the education sector following funding reductions. This Practice Note...
FORTHCOMING CHANGE 1 : On 1 September 2022, the DLUHC opened a consultation proposing new duties for the LGPS to oversee and disclose climate-related risks, including the carbon emissions tied to their investments. The LGPS is the UK’s largest public sector pension scheme, covering 6.2 million members and holding £342bn in assets worldwide. Under the government’s plans, administering authorities would be required to: Calculate their carbon footprint; Assess how climate change could influence pension-related assets and liabilities; and Report each year on the extent to which assets align with the 2015 Paris Accords, the international climate treaty adopted by much of the world. This seeks to enhance the management of climate-related financial risk and would bring the LGPS into line with requirements already in force for private pension schemes. The proposals are intended to replicate the Task Force for Climate- Related Financial Disclosures ( TCFD) measures that already apply to the...
FORTHCOMING CHANGE : On 13 October 2025, the Ministry of Housing, Communities and Local Government ( MHCLG) opened a consultation on proposed reforms to the Local Government Pension Scheme ( LGPS) in England and Wales. A central strand is a substantial reset of Fair Deal protections, bringing the scheme into line with the 2013 Fair Deal guidance and phasing out admission body agreements and the use of ‘broadly comparable’ schemes for future outsourcing, other than in limited, exceptional cases. In their place, a new default ‘deemed employer’ approach would mean staff compulsorily moved under TUPE keep unbroken LGPS membership, with the original Fair Deal employer retaining pension responsibility rather than relying on admission bodies. These safeguards would carry through re-tenders and later transfers, preserving access for ‘protected transferees’ and, at the employer’s option, extending to new starters on the contract. Draft...
There are five key steps to improving efficiency: define which process requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) measure the issue (covered in this Practice Note) analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what’s causing the problem) enhance the process (see Practice Note: Improving efficiency: Step 4—improve the problem) control, ie embed the new approach so it becomes business as usual ( BAU) (see Practice Note: Improving efficiency: Step 5—embedding changes) Management consultants typically label this the ‘ DMAIC framework’. This Practice Note concentrates on Step 2—measuring the problem or inefficiency identified during Step 1, the ‘define’ phase. Every form of waste or inefficiency imposes a cost on the department. Some are direct, for example excess equipment, while others arise from lost time (opportunity cost) and the use of...
The Basic Curriculum in England In England, the Basic Curriculum consists of three components: religious education sex education the National Curriculum Collective worship Each school day—though not always at the outset—pupils in maintained schools, including special schools, should take part in collective worship, either as a whole or in groups by age or school, and this is to happen on the school premises. On special occasions, the governing body, following consultation with the headteacher, may arrange for it to be held elsewhere......
This Practice Note forms part of a wider set addressing National Non- Domestic Rates ( NNDR). It looks at business improvement districts ( BIDs), outlining their purpose, what they are, and the processes for their creation and funding. It also considers business rates supplements and the retention of NNDR by local authorities. What are business improvement districts? Section 41 of the Local Government Act 2003 ( LGA 2003) introduces the statutory framework for BIDs. Under it, a billing authority may impose an additional levy on ratepayers within a BID area to finance projects that deliver extra services or further enhancements for the benefit of the local community (defined broadly as ‘those who live, work or carry’ on any activity in the district). Two or more billing authorities can agree to establish BIDs that span their borders, known as joint...
This Practice Note explains the different categories of schools It first gives an overview of the initial tier of categorisation, separating independent schools, academies and free schools, and maintained schools; it then describes the further categorisation of maintained schools by ownership, pupils’ age ranges and pupil intake. It also sets out the difference between ‘soft’ and ‘hard’ federations of maintained schools. Education law treats each category differently. A school’s governance arrangements, its funding, and the processes for opening, closing or altering a school all turn on its category. These classifications underpin governance, funding and structural change in every case. At the first level, schools fall into three groups: independent schools (commonly known as private schools) academies and free schools maintained schools Sub-categorisation also classifies schools by their ownership, by their pupils’ age ranges and by other selectivities of pupil intake. Many schools make no...
What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme ( TPS) is a statutory public service pension scheme for members of the teaching profession in England and Wales. Since 1 April 2015, the TPS has consisted of two distinct schemes: the reformed TPS (often described in TPS literature as the ‘2015 Scheme’), introduced on 1 April 2015 under the Public Service Pensions Act 2013 ( PSPA 2013) as a career average revalued earnings ( CARE) scheme for those joining on or after 1 April 2015. For further information, see Practice Note: The reformed Teachers' Pension Scheme the legacy TPS, set up under the Superannuation Act 1972 ( SA 1972) as a final salary scheme for members who joined before 1 April 2015. This scheme is the subject of this Practice Note Be aware there are separate schemes in Scotland and Northern Ireland, which are not covered by this...
This Practice Note considers the National Health Service Pension Scheme ( NHSPS) as it existed before the amendments taking effect on 1 April 2015. What is the National Health Service Pension Scheme? The NHSPS is an unfunded public service occupational pension arrangement providing retirement benefits to health service employees on a salary-related, or defined benefit ( DB), basis. Since 1 April 2015, there have been two distinct NHSPS schemes: the reformed NHSPS (often called in NHS publications the ‘2015 Scheme’), established under the Public Service Pensions Act 2013 ( PSPA 2013) on 1 April 2015 as a career average revalued earnings ( CARE) scheme. New members from 1 April 2015 have joined this arrangement. For further details, see Practice Note: The reformed National Health Service Pension Scheme the legacy NHSPS (often described in NHS publications as the ‘1995/2008 Scheme’), comprising two separate final salary...
FORTHCOMING DEVELOPMENT : Section 10 of the Finance Act 2022 is set to raise the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. This change takes effect on the stated date and will not apply to specified uniformed services. The Act will also permit members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either already held an 'unqualified right' to take benefits or were undertaking a substantive transfer to a scheme that, on or before 4 November 2021, offered an unqualified right to a protected pension age below 57. To rely on this new 2028 protection, the scheme’s rules must, as at 11 February 2021, have contained an unqualified right to draw scheme benefits before age 57. For...
Practice Note This Practice Note outlines the challenges a manager encounters when driving change and offers practical guidance on leading the team effectively throughout, grounded in the varied ways people may respond. People can react in many different ways, influenced by: whether the change is their choice or imposed upon them the scale of the change the extent of their input into how it will affect them whether past changes were experienced and if they succeeded whether they agree with the change whether the change presents any threats to them Typical emotions include anxiety, excitement (it seems great on paper), denial (they will never do it), hopefulness and fear of the unknown. For many in in-house legal teams, changes are arriving thick and fast in continuous waves, so a person may not have fully adjusted to one shift before the next is...
What is a lawful development certificate? A lawful development certificate ( LDC) is a formal certificate granted by a local planning authority ( LPA) under section 191 or 192 of the Town and Country Planning Act 1990 ( TCPA 1990). It certifies one of the following: that an existing use of buildings or land, any operational development, or another matter amounting to a breach of planning permission, is lawful; or that a proposed use of buildings or other land, or operations proposed to be carried out in, on, over or under land, would be lawful LDCs issued pursuant to TCPA 1990, s 191 are commonly called certificates of lawfulness of existing use or development ( CLEUDs), while those under TCPA 1990, s 192 are commonly termed certificates of lawfulness of proposed use or development ( CLOPUDs). An LDC identifies a specific parcel of land by...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) took effect. Procurements launched on or after that date must be conducted under PA 2023, while those started under the previous regime must continue to be procured and managed in line with that legislation: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. It offers practical guidance on public procurement under PA 2023. For practical guidance on procurement under the earlier legislation, see Practice Note: Introduction to public contracts procurement. Under PA 2023, contracting authorities are required to set key performance indicators ( KPIs) for certain public contracts......
Under the Knives Act 1997 The Knives Act 1997 ( KA 1997) sets out two offences concerning the unlawful marketing and publication of knives. These offences, created by KA 1997, ss 1 and 2, are triable either in the magistrates’ court or the Crown Court. Where a company commits an offence and it is proved that an officer consented to or connived in it, or it arose from that officer’s neglect, both the officer and the corporate body are guilty and subject to prosecution... Meaning of knife under KA 1997 Under the KA 1997, a knife is defined as any instrument that has a blade or is sharply pointed... Unlawful marketing of knives under KA 1997, s 1 This offence focuses on the marketing of knives and the way in which such marketing is carried out......
Practice Note This Practice Note sets out a high-level summary of the principal legislation and processes for placing looked after children with a connected person acting as a foster carer. It explains: who qualifies as a connected person; the steps for arranging a placement with a connected person; the assessment route for approving a connected person as a foster carer, including interim approval; the approach to reviewing any approval; and frequent mistakes when carrying out assessments. Please note, the material here reflects the current position in England. In Wales, this field is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments. For more detail on children’s social care in Wales, consult the following Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales and Local...
ARCHIVED This Practice Note has been archived and is not maintained. It sits within a collection of archived Practice Notes that collate and summarise significant historic case law decisions and principles concerning public procurement law. The majority of the entries are older authorities, decided before the Public Contracts Regulations 2015 came into force. For updates on current case law, see: UK public procurement case tracker EU public procurement case tracker This Practice Note focuses on matters to address before commencing procurement. Effective pre-procurement planning is vital to choosing the right procedure and embedding robust project management within the procurement process. Without proper preparation, a contracting authority risks running an inefficient process, procuring a solution that is not fit for purpose, and exposing the award to potential challenge. For further reading, see: Pre-procurement...
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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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