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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 examines the ‘right to rent’ regime applying to residential premises in England. It summarises the ‘right to rent’ scheme and signposts the code of practice on right to rent (which explains how landlords and agents can comply with the regulations) and the landlords’ code of practice (relating to avoiding discrimination), alongside other Government guidance. The focus is on residential premises within England only. It also directs readers to Government guidance relevant to the scheme in this area, as appropriate. Background—the 'right to rent' scheme Brought in by the Immigration Act 2014 ( IA 2014), the ‘right to rent’ framework is designed to prevent persons who are not lawfully present in the UK from securing or remaining in private accommodation in the UK. Under the scheme, a private landlord who permits an adult, disqualified from entering into a residential tenancy agreement because of their...
Versions of the National Planning Policy Framework ( NPPF) The first National Planning Policy Framework took effect in England on 27 March 2012, with immediate effect, supplanting all Planning Policy Statements and Planning Policy Guidance Notes, save for PPS10 ( Planning for Sustainable Waste Management, which was subsequently replaced by the National planning policy for waste). Its purpose was to streamline and make the planning system easier to navigate, safeguard the environment, and encourage sustainable growth. Archived Practice Note: The 2012 National Planning Policy Framework [ Archived] sets out an overview of the principal policies in the 2012 NPPF. A substantially reworked NPPF was issued in July 2018. It was quickly recognised that additional amendments were necessary to the 2018 NPPF, resulting in a revised edition published in February 2019. In February 2021, the government consulted on proposed changes to the NPPF to take...
In England, the provision of childcare is regulated in line with Part 3 of the Child Care Act 2006 ( Ch A 2006)...
Practice Note Although this Practice Note is not confined to unaccompanied asylum-seeking ( UAS) children, they are the group a practitioner is most likely to meet quite often in practice. Other situations can arise, for example: a child who has been abandoned but does not lodge an asylum claim; a dispute about the age of a dependent child of any asylum seeker. The material in this Practice Note concerns the law currently in force in England. In Wales, this field is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments. This Practice Note does not attempt to detail every obligation owed by the local authority ( LA) to a child because they are looked after by the LA. For those obligations, see Practice Note: Local authority duties towards children looked after by them. However, the key duties are addressed here. An...
A local authority is under a duty to properly arrange a placement in an adult’s preferred accommodation for anyone assessed as having eligible care and support needs, provided specific qualifying conditions are satisfied. Where the authority does so, the adult may, following an assessment of their income and capital, have to contribute towards the overall ongoing placement costs. An individual can be accommodated in a setting that is a care home, whether either licensed or unlicensed. If an older or vulnerable person needs a high level of support from the local authority, a residential care home may be the most appropriate option. Definition of a local authority care home A local authority care home in England provides accommodation together with personal or nursing care, including emotional or psychiatric care, for people who: are or have been ill have or have had a mental...
FORTHCOMING CHANGE: The Charities Act 2022 ( CA 2022) obtained Royal Assent on 24 February 2022, and, as outlined in Charities Act 2022: implementation plan document, its measures are scheduled to commence in three specified and defined tranches across three phases, on 31 October 2022, on 14 June 2023 and in early 2024, respectively. For an overview of the CA 2022 provisions already brought into effect to date, see Charities Act 2022: information about the changes being introduced. The CA 2022 delivers the majority of the proposals from the Law Commission’s 2017 report, ‘ Technical Issues in Charity Law’. For a synopsis (as at 9 April 2021) of the recommendations that have been accepted, see News Analysis: Government response to Law Commission report ‘ Technical Issues in Charity Law’. This Practice Note is relevant solely to England, as such; there are no...
Insolvency of private not-for-profit registered providers of social housing The social housing landscape in England is often labelled a ‘no default’ market, reflecting that no English private not-for-profit registered provider of social housing ( NFPRP) of meaningful scale has ever been wound up through insolvency. When providers have encountered financial stress, the regulator of social housing (under its various historic incarnations) (the Regulator) has, thus far, leveraged regulatory intervention and sector-wide influence, including with the principal funder, to broker rescues by ‘white knights’—typically larger NFPRPs operating in the same locality as the faltering body or organisations with the requisite specialist know-how. This approach has to date avoided insolvent winding-up for significant NFPRPs, with takeovers arranged to steady distressed entities by suitable counterparts. The current housing administration framework was created by Part 4, Chapter 5 of the Housing and Planning Act 2016 ( HPA 2016) and...
ARCHIVED: This Practice Note is archived and is not maintained. It reviews the Building Schools for the Future government initiative together with the current Priority School Building Programme, and examines the construction contracts adopted as well as the negotiation issues commonly encountered in practice... Building Schools for the Future Building Schools for the Future ( BSF) was a Labour-led programme announced in 2003 by the Department for Education and Skills (which later became the Department for Education, or DFE), and it launched in 2004. Its purpose included, among other objectives, delivering a step change in children’s education by upgrading facilities, property and learning environments across local secondary schools. BSF was intended to be financed by a £55bn investment to improve schools over a 15–20-year period. Delivery was co‑ordinated nationally by Partnerships for Schools, set up by the DFE as both a company and a...
This Practice Note summarises aspects of the Housing and Planning Act 2016 ( HPA 2016), which grants local housing authorities ( LHAs) powers to address rogue landlords and property agents, including making banning orders and creating a register of rogue landlords and property agents. These provisions apply solely in England. Part 2 of HPA 2016 introduces measures to improve housing management, strengthening LHAs’ ability to detect and tackle rogue landlords and property agents in the private rented sector. They allow LHAs to seek a banning order that prohibits a landlord or property agent from letting or managing properties for a minimum of 12 months, and establish a database of rogue landlords and property agents. The Renters’ Rights Act 2025 ( RRA 2025) likewise brings in extensive regulation of private sector landlords. For guidance on those provisions, see the following Practice Notes, which provide...
Practice Note This Practice Note outlines that all children of compulsory school age in England are required to take part in full-time education, identifies the organisations initially in charge of school admissions, and summarises matters concerning the publication of admissions numbers. It further addresses oversubscription criteria and the application process for pre- and post-16 schooling. Every child of compulsory school age must receive suitable full-time education, and parents are obliged to ensure this is provided, whether at school or otherwise. In most instances a child is placed on a school roll to meet this duty. Entry to a school roll is usually straightforward, though difficulties can occur where applications outnumber the school’s capacity. Academies, while legally independent schools, are state-funded and follow the same admissions framework as maintained schools. During the normal admission round (ie when most children are admitted), the local authority...
This flow chart outlines the planning application process, spanning pre-application, filing the application, LPA publicity and consultation, approval/refusal of permission, and the appeal to the Secretary of State......
This Archived Practice Note This Archived Practice Note sets out the legal measures brought in to tackle the Omicron strain of coronavirus ( COVID 19) from 8 December 2021 to 26 January 2022. It is archived and not maintained, and is no longer being updated or revised. It addresses compulsory face coverings in public settings and on public transport, together with limits on gatherings during this period while the country operated under ‘ Plan B’, noted below. The nation shifted back to ‘ Plan A’ on 27 January 2021, and further revocation of restrictions is expected before the Coronavirus Act 2020 lapses in March 2020. After Omicron was identified in the UK, the government raised the COVID alert level and confirmed that England would move to ‘ Plan B’ measures to curb the spread of the Omicron variant shortly thereafter. From 13 December 2021, people were...
This Practice Note This Practice Note sets out a range of local authority strategic roles concerning health and social care services, covering obligations to discharge the following duties: establish and run Health and Wellbeing Boards ( HWBs) for health and social care establish Local Healthwatch organisations to speak for people who use health and social care examine and oversee health services across their areas put in place processes for complaints from health service users and feedback handling create an Integrated Care Partnership ( ICP) with the Integrated Care Board ( ICB) whose footprint aligns wholly or partly with the local authority area draw up an integrated care strategy setting out how local needs will be addressed through the functions of the ICB in the area, NHS England, or the pertinent local authorities Note: on 13 March 2025, the Health Secretary stated that NHS England would be abolished, with many...
This Practice Note examines the application, scope and limits of the legislative and practical changes affecting businesses operating under licensing regimes, brought in as part of the Government’s response to coronavirus ( COVID-19). These measures arose under the Coronavirus Act 2020 ( CA 2020) and the Health Protection ( Coronavirus, Restrictions) ( England) Regulations 2020, SI 2020/350, together with later amendments made between 26 March 2020 and 3 July 2020. On 4 July 2020, the Health Protection ( Coronavirus, Restrictions) ( No 2) ( England) Regulations 2020, SI 2020/684, took effect and revoked the Health Protection ( Coronavirus, Restrictions) ( England) Regulations 2020, SI 2020/350 and subsequent amendments, save as preserved by regulation 2(2) for any offence committed under those provisions before 4 July 2020. As a result, this material remains relevant as a reference point for such offences. These temporary measures were...
Once a bankruptcy petition and its supporting documents have been presented (or issued) at court, the petitioning creditor’s initial step is to ensure the documents are served on the debtor. This Practice Note outlines the methods by which a petitioning creditor must serve the bankruptcy petition on the debtor. It does not cover service of any other documents within insolvency proceedings. For further guidance on issuing a bankruptcy petition or what to expect at the bankruptcy hearing, see: Creditors’ bankruptcy petitions—grounds and documents required for presentation Bankruptcy petitions—process and procedure post-presentation of the petition The general rule—personal service of the bankruptcy petition on the debtor The general rule is that a sealed copy of the bankruptcy petition must—unless the court orders substituted service—be served on the debtor personally by an officer of the court, the petitioning creditor, the creditor’s solicitor, or a person...
Fees for applications to the Office of the Public Guardian Fees payable for applications and other matters to the Office of the Public Guardian arise from the Public Guardian ( Fees, etc) Regulations 2007, as amended by subsequent regulations. References to Columns 1 and 2 correspond to those in the 2007 Regulations. Enduring power of attorney registration (regulation 4): £92.00 Enduring power of attorney office copy fee (regulation 4A): £25.00 Lasting power of attorney registration (regulation 5): £92.00 Reduced fee for repeat application to register a lasting power of attorney (regulation 5): £46.00 Lasting power of attorney office copy fee (regulation 5A): £35.00 Deputy assessment fee (regulation 8): £100.00 General supervision (regulation 8): £320.00 Minimal supervision (regulation 8): £35.00 Guardianship set-up fee (regulation 8A): £200 Guardianship supervision (regulation 8A): £320 Fees for...
Home-to-school transport (early years) in England Local authorities in England can offer home-to-setting transport for children in early years provision outside schools and may lawfully make a charge for providing it. Home-to-school transport (compulsory school age) in England Travel arrangements for eligible children Unless, and until, an approved school travel scheme is in force—something that will not now occur; see below—a local authority in England must put in place whatever travel it considers necessary to ensure every eligible child of compulsory school age can reach their relevant educational establishment and return home. This does not have to be a door-to-door service, as confirmed in R ( M& W) v Hounslow. For an eligible child, the travel provided must be free of charge and must not require participants to incur extra costs. The Df E has issued guidance, including a model appeal process recommended for use by LAs to help...
This Practice Note explores third party rights in relation to agreements under the Contracts ( Rights of Third Parties) Act 1999 ( C( RTP) A 1999). The Act introduces a statutory exception to the common law rule of privity of contract, enabling contracts within its reach to be enforced by third parties who are intended to benefit from them. This Practice Note does not deal with the Third Parties ( Rights Against Insurers) Act 2010... For the purposes of this Practice Note: A is the promisor and a party to the contract B is the promisee and a party to the contract C is the third party (and therefore not a party to the contract) Not a party but still affected by a contract Where your client is not a party to a contract, whether they may nonetheless be...
This Practice Note, prepared with Phil Roberts of Clarke Willmott LLP, summarises the enforcement routes available to someone who has just obtained a County Court judgment for £4,000. For a visual overview, see: County Court judgment creditor—flowchart. What are your options to enforce a County Court judgment for £4,000? charging order—(see the Charging Orders Act 1979 ( COA 1979), CPR 73 and CPR PD 73) transfer the judgment to the High Court and obtain a writ of control ( CPR 83 and the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007)) warrant of control ( CPR 83, TCEA 2007, the Taking Control of Goods Regulations 2013, SI 2013/1894) attachment of earnings ( CPR 89 and the Attachment of Earnings Act 1971 ( At EA 1971)) third party debt order ( CPR 72) an order to obtain...
Practitioners should be aware that, on 31 July 2025, the Law Commission signalled a review of the product liability framework set by the Consumer Protection Act 1987 ( CPA 1987). The exercise seeks to evaluate whether the existing regime still functions effectively in addressing harm caused by defective products, particularly in the context of technological advances over the last four decades. It will also scrutinise how well it manages risks linked to emerging digital technologies and explore possible reforms so it continues to safeguard consumers whilst fostering innovation and industry. For more details, refer to: LNB News 01/08/2025 53 Powers exercised by the Secretary of State/enforcement authorities under the Consumer Protection Act 1987 Prohibition notices Under CPA 1987, s 13(1)(a), the Secretary of State may serve a notice on any person forbidding them to supply, offer to supply, expose for supply, or possess for supply, any...
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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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