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 sets out which bodies enforce the contaminated land regime in England and Wales under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) Who is the enforcing authority? Under the Environmental Protection Act 1990 ( EPA 1990), Pt IIA, the enforcing authority for contaminated land is: for a special site, the Environment Agency ( EA) in England and Natural Resource Wales ( NRW) in Wales for contaminated land that is not a special site, the local authority ( LA) for the area in which the land lies or is affected Enforcing authorities must act in line with statutory guidance issued by the Secretary of State/ Welsh Ministers. LAs must also have regard to any site-specific guidance issued by the EA/ NRW......
This Practice Note sets out: what a concurrent lease is when it is typically used who may enforce (and benefit from) covenants in the existing lease(s) principal distinctions between a concurrent lease and a headlease from which underleases are derived It also considers essential provisions to include when preparing a concurrent lease, and how a concurrent lease interacts with: tenants’ rights of first refusal under the Landlord and Tenant Act 1987 ( LTA 1987) operators’ rights under the Electronic Communications Code In this Practice Note, the following definitions are used: L: the landlord under the original lease T1: the tenant (or tenants) under the original lease(s) CT: the tenant under the concurrent lease What is a concurrent lease? ......
This Practice Note explores how publication operates within claims for defamation or malicious falsehood. It surveys key case law and legislation, and considers who might be primarily and secondarily accountable for publication, what amounts to publication, the nature of publication on the internet, and jurisdictional questions... Publication as an ingredient of the tort of defamation For libel or slander, it is fundamental that a defamatory statement is communicated to someone other than the claimant. A written publication occurs only once a third party has read and understood the words. An oral publication arises when a third party apprehends and understands them. In practice, a claimant often issues one claim covering multiple publications. Each communication is, in principle, a distinct publication giving rise to its own cause of action, though section 8 of the Defamation Act 2013 ( DA 2013) moderates this for...
This Practice Note sets out the steps for enforcing a writ of control issued by the High Court as a means of enforcing a monetary judgment, under which the judgment creditor takes possession of the judgment debtor’s goods, arranges their sale, and uses the proceeds to discharge the judgment debt as appropriate. The procedural detail summarised in this Practice Note derives from the legislation that underpins the Taking Control of Goods regime—for help navigating that framework effectively and efficiently, see Practice Note: Finding your way through the Taking Control of Goods legislation in practice. Debt recovery through a High Court Enforcement Officer ( HCEO) is divided into four distinct stages, with fees allocated to every stage accordingly, respectively. The HCEO may recover specified fixed fees, set out in The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 (the Fees...
Practice Note This Practice Note sets out the principal issues in research services contracts from the standpoints of both the provider and the commissioning party. It assesses matters concerning the project scope and key staff, who secures regulatory permissions or approvals, any required third-party licences, available resources, the agreed reporting arrangements and process, fees, confidentiality, background and foreground intellectual property rights ( IPRs), handling of research outputs, trade marks, warranties, indemnities, limitations on liability and termination. These agreements are needed where a business is outsourcing research to a third party with specialist knowledge and skills. In practice, the research services provider might be a university or other academic institution, or a contract research organisation whose sole activity is delivering research services. For example, such arrangements are particularly prevalent in the pharmaceutical and biotechnology sectors, though they may equally be adopted in other areas. They are...
ARCHIVED: This Practice Note is archived and not maintained. What is the status of EU law in English law? EU law has formed part of UK law since the UK joined the European Economic Community in 1973. Accordingly, EU law can be relied upon in judicial review in the English courts: as a basis for contesting domestic law or a decision of a public authority to steer the interpretation of domestic legislation (primary or secondary) where domestic law or a public body’s decision rests on EU legislation that a claimant seeks to impugn as invalid The use of EU law in the English courts has also shaped judicial review procedure. This Practice Note primarily examines the effect of EU law on judicial review while the UK was an EU Member State. The final section, however, considers the position after the UK’s withdrawal from the EU. EU law was brought into UK...
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
The Leasehold Reform Act 1967 ( LRA 1967) and the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993) confer on long leasehold tenants, respectively, individual and collective rights to acquire the freehold of their house or a block of flats. Alongside introducing the collective enfranchisement right, LRHUDA 1993 also expanded the range of houses eligible for individual enfranchisement. If the relevant house or block were the landlord’s sole asset, this would cause little difficulty. However, significant estate management concerns may emerge if, under either statute, a landlord is required to make involuntary and piecemeal disposals across its portfolio. Both the LRA 1967 and LRHUDA 1993 allow a landlord to implement a management scheme covering a neighbourhood. These schemes, which endure following enfranchisement, enable the landlord to retain management powers and enforce rights over any property transferred under either Act, to...
This Practice Note explores which provisions of the Equality Act 2010 ( Eq A 2010) bring into force the prohibitions on discrimination in schools, the various forms of discrimination—sex, race, religion or belief, age, marriage or civil partnership, and disability—and any relevant exceptions that may apply. It further explains that the Equality Act 2010 ( Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, oblige education-function public authorities to publish yearly information showing compliance with the public sector equality duty ( PSED) in Eq A 2010, s 149... The public sector equality duty Under the Equality Act 2010 ( Specific Duties and Public Authorities) Regulations 2017, SI 2017/353, specific obligations apply to public authorities with education responsibilities. Those bodies must publish material evidencing adherence to the PSED under Eq A 2010, s 149, at annual intervals. This must be done every year. See Practice Notes:...
This Practice Note sets out how building energy performance is controlled via Energy Performance Certificates ( EPCs), the circumstances in which EPCs are required, and the obligations under the principal EPC legislation—the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regs 2012), and the Building Regulations 2010, SI 2010/2214 ( Building Regs 2010)—which give effect to the recast Energy Performance of Buildings Directive 2010/31/ EU (recast EPBD directive). It forms part of a suite of notes on EPCs and the minimum energy efficiency requirements ( MEES). What is an Energy Performance Certificate ( EPC)? Buildings account for nearly 40% of the UK's energy use and carbon output, so knowing how to curb and manage that consumption is vital for meeting carbon reduction goals and cutting a building's operating costs. EPCs are designed to drive better energy...
Practice Note This Practice Note outlines the ban on unlicensed or damaging depositing, treating or discarding of waste under section 33 of the Environmental Protection Act 1990 ( EPA 1990) for England and Wales alone. For guidance on how the offence operates in Scotland, refer to Practice Notes: Key environmental offences in Scotland, Scottish Environment Protection Agency—powers to investigate environmental crimes, and Sentencing environmental offences in Scotland. EPA 1990, s 33 is among the most frequently prosecuted environmental crimes, spanning incidents from minor fly-tipping to extensive waste disposal undertaken without a permit. It creates strict liability for the ‘deposit’ of controlled waste, yet demands knowledge where a person is ‘knowingly causing or knowingly permitting’ the deposit of controlled waste. The Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 likewise create offences for operating without an...
What is Energy from Waste ( Ef W)? Energy from waste ( Ef W) turns waste materials into a usable form of energy from a sustainable energy source. Outputs can include electricity, heat, gas and transport fuels (e.g. diesel). A variety of approaches are used, with incineration being the most familiar. Using waste as a fuel can deliver notable environmental gains: it offers a safe, cost‑effective route for disposing of waste and can help reduce carbon dioxide emissions. For further details on Ef W, see Practice Notes: Biomass and waste to energy projects—overview, Waste to energy—technologies, Regulation of energy from waste and Energy from waste—consents. What is environmental permitting? The Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154, as amended, ( EPR Regs 2016) require operators to obtain permits for certain facilities and to register others as exempt. They...
Introduction Environmental permitting is among the principal environmental regulatory frameworks in the UK. Its purpose is to oversee and limit pollution and emissions into the environment arising from industrial and other operations across the UK. It forms a central strand of UK business regulation, created to manage and oversee activities that could pollute the environment or pose risks to human health. Permits place a suite of conditions on the design and build, running and, in due course, closure of a regulated installation, as well as stipulating how regulated activities are undertaken. The main regulators are the Environment Agency ( EA) in England, Natural Resources Body for Wales ( NRW), the Scottish Environment Protection Agency ( SEPA) and the Northern Ireland Environment Agency ( NIEA). Local authorities likewise regulate the less polluting processes and sites. The lead government...
The Sentencing Council has released offence-specific sentencing guidance for use in magistrates’ courts and the Crown Courts in England and Wales concerning, specifically, unauthorised or harmful depositing, treatment or disposal of waste, and also illegal discharges to air, water and land, directly contrary to section 33 of the Environmental Protection Act 1990 ( EPA 1990) and the Environmental Permitting ( England and Wales) Regulations......
Grasping what counts as environmental information is central to environmental regulation, as it dictates whether an information request is handled under the Freedom of Information Act 2000 ( FOI 2000) or the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). Where the material sought fits the definition of environmental information, the request must be dealt with under the EIR 2004. This Practice Note explores the statutory meaning of environmental information and draws on published guidance and case law to illustrate when material has been deemed environmental, including disputed categories such as: financial viability assessments road tolling information information regarding a public authority's decision to dispose of land The Information Commissioner’s Office has issued a Guide to the EIR for staff in public authorities or those with day-to-day responsibility for environmental...
The Environmental Information Regulations 2004, SI 2004/3391, as amended ( EIR 2004), can expose businesses to the release of confidential commercial material. At the same time, EIR 2004 can be a route to obtaining commercially valuable data. The greatest exposure typically arises in two situations: (1) when a private company is treated as a public authority; or (2) when a private company deals with a public authority. This Practice Note sets out ways for businesses to reduce the risk of unwanted disclosure, and explains how they can use EIR 2004 to their advantage. For more on EIR 2004, see Practice Notes: Environmental Information Regulations 2004—what is environmental information? Environmental Information Regulations 2004—request for environmental information Environmental Information Regulations 2004—responding to a request Environmental Information Regulations 2004—clarifying requests Environmental Information Regulations...
Environmental incidents can erupt suddenly and bring serious consequences. In such circumstances, keeping a clear focus on how to handle the situation can be challenging. Managing an environmental incident does not mean being unco-operative with an investigating authority; in most instances, open and transparent collaboration will almost always be the wisest course. Nevertheless, prudent preparation for a potential incident requires clear policies so that, when one occurs, the right resources are directed to minimising environmental harm, maintaining controlled and effective communication with the regulator, and carrying out appropriate evidence gathering and subsequent analysis. For details of regulators’ powers to investigate environmental crime, see the following Practice Notes: Environment Agency—powers to investigate environmental crime Environment Agency ( EA)—powers of entry Natural Resources Wales—powers to investigate environmental crime Natural England—powers to investigate environmental crime Local...
This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014). Community Protection Notices What is a Community Protection Notice and what is its purpose? A Community Protection Notice ( CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life......
This Practice Note sets out the legal obligations placed on local authorities in relation to health services under the Health and Social Care Act 2012 ( HSCA 2012). It outlines local authorities’ responsibilities regarding: the range of services they are obliged to commission or arrange, duties to encourage integration of services across local authority and NHS borders NB : On 13 March 2025, the Health Secretary announced that NHS England would be abolished, with many of its functions returning to the Department of Health and Social Care over the next two years. The reforms will reverse the 2012 reorganisation of the NHS but will take time to implement. They may well affect the arrangements set out in this note......
This Practice Note examines inquiries and reporting on maladministration, and ought to be considered and read alongside Practice Notes: Local Government and Social Care Ombudsman and Maladministration—complaints for further context. Investigations The Local Government and Social Care Ombudsman ( LGO) holds powers equivalent to the High Court concerning requiring attendance, questioning witnesses, and compelling documents. The LGO determines the manner of the inquiry and may appoint a mediator or another individual to support the process. All investigations must proceed in private. They can include gathering evidence from complainants, third parties, and authorities. Interviews may form part of the exercise as well. The LGO may decide if an individual is permitted representation when giving evidence......
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
