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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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An energy performance certificate ( EPC) An EPC assigns a property an energy efficiency band from A (most efficient) to G (least efficient). The rating arises from a complex calculation that examines multiple elements, including the building’s age, type and method of construction, together with its insulation and heating systems. For further details on what an EPC is and when it is required, see Practice Note: Energy performance certificates ( EPCs)—what are they and when are they required? The principal rules governing EPCs are the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regs 2012) (as amended), and the Building Regulations 2010, SI 2010/2214, which implemented the requirements of the recast Energy Performance of Buildings Directive 2010/31/ EU (recast EPBD directive). The EPC Regs 2012 apply to all buildings in England and Wales. Before the 2012...
STOP PRESS : The Energy Performance of Buildings ( Scotland) Regulations 2025, SSI 2025/417 ( EPC Regs 2025) repeal and supersede the Energy Performance of Buildings ( Scotland) Regulations 2008, SSI 2008/309 ( EPC Regs 2008), refreshing Scotland’s energy performance regime for all buildings. Regulations 11 and 12 of the EPC Regs 2025 take effect from 1 January 2026 to permit the approval of organisations and accreditation schemes, with the remainder commencing on 31 October 2026. Under the EPC Regs 2025, owners of non-domestic properties must supply valid Energy Performance Certificates ( EPCs) and Property Reports on sale or lease, and include EPC ratings in advertisements. Developers are required to provide EPCs and reports to owners within seven days of completion, and EPCs must be exhibited in qualifying public buildings. A new national energy performance register, revised assessment methods and local authority...
Energy from waste Energy from waste describes usable power created by treating or processing waste materials through a range of technologies. Recyclables should be extracted first, with energy then recovered from the remaining refuse before treatment. Incineration — in which the remaining waste is combusted and the captured energy used as electricity or heat. Pyrolysis and gasification — heat the feed with minimal or no oxygen to yield a gas either for power generation, or subsequently as a feedstock to make methane, chemicals, biofuels or hydrogen. Anaerobic digestion — microorganisms break down waste into methane-rich biogas that can be burned to produce electricity and heat, or upgraded to bio-methane. Best for wet organic or food wastes. A further output is biofertiliser. Landfill gas — by capturing the landfill gas produced at landfill sites as waste...
All waste sites, including energy-from-waste ( Ef W) and waste-to-energy ( Wt E) incinerators, are overseen to prevent or reduce risks to health or the environment. A comprehensive framework of regulations sets out how and where Ef W plants may operate in the UK. Who is responsible for regulating Ef W? Local authorities manage most small incinerators processing under one tonne of waste per hour. In England, the Environment Agency ( EA) regulates all plants burning hazardous waste, and other incinerators treating non-hazardous waste at rates above one tonne per hour. The EA also regulates Ef W facilities combusting municipal waste to keep emissions as low as possible, protecting the environment and human health. In Scotland and Wales, these roles are performed by the Scottish Environment Protection Agency ( SEPA) and Natural Resources Wales ( NRW), which are outside the scope of this Practice Note. For...
Brexit impact From 31 January 2020 (exit day), the UK left the EU as a Member State but moved into an implementation phase, during which the EU continued to treat the UK as if it were still a Member State for many purposes. At 11 pm ( GMT) on 31 December 2020, that Brexit transition/implementation period, established after the UK’s departure from the EU, came to a close. At this moment—known in UK legislation as ‘ IP completion day’—core transitional measures ended and changes started to apply across the UK’s legal framework. From that date, changes began to take effect across the UK’s legal regime. Any alterations pertinent to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new category of domestic UK law—retained EU law (...
This Practice Note explores the qualities of effective leadership and outlines five core abilities that help leaders bring out the best in themselves and their people. In Emotional Intelligence (1995), Daniel Goleman explained why exceptional leaders succeed beyond technical skill, determination and vision, naming this emotional intelligence ( EI). He identified five key skills: self-awareness self-regulation motivation empathy social skills See Precedent: Emotional intelligence—summary sheet. Self-awareness Often the most vital of the five, without the willingness and capacity to cultivate self-awareness you cannot fully develop the others. Goleman defined it as knowing your strengths, weaknesses, drives, values and the effect you have on other people—see Harvard Business Review, 1998— What Makes a Leader? If you are self-aware you understand: what sits behind your actions and choices your inherent limitations and ways to mitigate them how your conduct...
There are five essential steps to improving efficiency: Identify and define the process that requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) Measure the issue (see Practice Note: Improving efficiency: Step 2—measure the problem) Analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what's causing the problem) Improve the process (see Practice Note: Improving efficiency: Step 4—improve the problem) Control, ie embed the revised process so it becomes business as usual (covered in this Practice Note) Management consultants often label this the ‘ DMAIC framework’. This Practice Note walks you through step 5—embedding the new process to address the problem you identified ( Improving efficiency: Step 1—identify and define the problem), then measured ( Improving efficiency: Step 2—measure the problem), analysed ( Improving efficiency: Step 3—analyse what's causing the problem) and improved ( Improving efficiency: Step 4—improve the problem), continuing the case study...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the earlier regimes must continue to be run and administered in line with those rules: 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. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and therefore form part of assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. ARCHIVED: This Practice Note has been archived and is not...
Introduction This Practice Note examines planning matters relating to energy storage in England and Wales, including: the nature of development involved in energy storage modifications made to the planning regime for energy storage how, within that regime, energy storage schemes obtain consent in England and Wales the planning considerations relevant to consenting an energy storage scheme For additional insight on the regulatory challenges and opportunities for energy storage projects, see the textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities. What is energy storage? Put simply, energy storage means capturing energy at one moment so it can be used later. It offers multiple advantages, supporting increased deployment of renewables such as solar, wind and tidal—whose generation may not coincide with peak need—and enhancing security of supply by creating a grid more robust to interruptions. How was energy storage dealt with in the planning regime for England and Wales...
Updated in partnership with Patrick Senior of Stephenson Harwood. Where requests under the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 are set out clearly and without ambiguity, the public authority has 20 working days to provide the information sought. For more on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where a request is unclear, the EIR 2004 requires the public authority to issue a refusal notice under regulation 12(4)(c) (that the request is formulated in too general a manner) within 20 working days, and at the same time offer advice and assistance to clarify the request so the authority can identify and locate the information requested. Reading objectively When deciding whether a request is unclear or ambiguous, a public authority must adopt an objective approach and take the wording at its face value. A request may be too...
Part 3 of the Children and Families Act 2014 ( CFA 2014) Part 3 of the CFA 2014 sets out the primary statutory framework for children and young people in England who have special educational needs or disabilities ( SEND). It brings in ‘ Education, Health and Care plans’ ( EHC plans), which specify the support that must be delivered to meet identified educational needs. This support can be available to young people up to the age of 25 throughout England. See Practice Note: Special educational needs in England under the Children and Families Act 2014. For the position in Wales, see Practice Note: Special educational needs law in Wales, respectively. Compulsory school age runs until the last Friday in June in the year a young person turns 16. For the purposes of the CFA 2014, anyone above compulsory school age but under 25 is treated as a...
The principal statute governing Education, Health and Care ( EHC) plans is the Children and Families Act 2014 ( CFA 2014). Sections 36–51 of the CFA 2014 cover EHC needs assessments and EHC plans. These provisions are supplemented by: the Special Educational Needs and Disability Code of Practice ( COP), Chapter 9; the Special Educational Needs and Disability Regulations 2014, SI 2014/1530; and case law from 2014 onwards, in which the Upper Tribunal and other courts have interpreted the legislation, the regulations and the COP, and how they interrelate. This Practice Note concentrates on the rules for EHC needs assessments and the format and content of EHC plans. For guidance on who may request an EHC assessment and the factors local authorities ( LAs) must consider when deciding whether an EHC assessment is required, see Practice Note: When must a local...
Legislation and statutory guidance This Practice Note is archived and no longer updated. It preserves a historical snapshot of current awareness, consultations, legislation and developments monitored by the Education tracker in 2016 that are no longer active. For 2017 material, please refer to: Education tracker 2017 [ Archived]. For convenience, the tracker is arranged as follows: Legislation and statutory guidance Bills: passage through parliament Consultations and developments of interest Cases Further and Higher Education Education ( Designated Institutions) ( England) ( No 3) Order 2016, SI 2016/869 — 30 September 2016 What’s changing? Selected higher education providers are designated as eligible to receive support from specified funds. These provisions take effect on 30 September 2016 and are made under section 129 of the Education Reform Act 1988. Read the official version of this...
ARCHIVED: This Practice Note has been archived and is not maintained. What is the ECO? The ECO is an energy efficiency obligation requiring major energy suppliers to deliver improvements in existing domestic properties. It provides support and funding of around £640m each year (at 2017 prices). Working alongside the domestic green deal, it concentrates on installing energy efficiency measures in low income households and areas, as well as homes that are harder to treat. The ECO superseded earlier domestic schemes aimed at cutting carbon and achieving energy savings—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. Relieving fuel poverty and contributing to fuel poverty targets Lowering carbon emissions Reducing the cost of meeting the UK’s renewable energy target by promoting energy efficiency Encouraging innovation within the industry The legislative basis for the ECO comes from Chapter 4 of the Energy Act 2011,...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements commenced on or after that date must be conducted under PA 2023, while those launched under earlier rules — the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be procured and overseen in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 ( PA 2023). PA 2023 introduces dynamic markets. The concept is not new; dynamic markets replace dynamic purchasing systems ( DPSs), which were included in the Public Contracts Regulations 2015 ( PCR 2015), SI...
The Francis Inquiry In June 2010, a full public inquiry into the Mid Staffordshire Foundation NHS Trust was launched after concerns about care standards at the Trust and an investigation and report by the now‑abolished Healthcare Commission in March 2009. The worries centred on apparently high mortality among patients admitted as emergencies. Chaired by Robert Francis KC, the Inquiry found that candour is integral to high‑quality healthcare, yet openness, transparency and candour are too often absent. Accordingly, a statutory duty of candour was introduced to deliver a key recommendation of the Inquiry. This duty has also been referred to as Robbie’s Law by the Action against Medical Accidents group, after Robbie Powell, who died in 1990. Statutory framework The regulations were made on 6 November 2014, with many taking effect 21 days later, that is, 27 November 2014, in line with reg 1, with the...
This Practice Note reviews the duties placed on drivers of hackney carriages and private hire vehicles ( PHVs) by Part 12 of the Equality Act 2010 ( Eq A 2010) and section 1 of the Taxis and Private Hire Vehicles ( Disabled Persons) Act 2022 ( TPHV( DP) A 2022). It addresses the obligation to carry assistance dogs and designated wheelchair accessible vehicles ( WAVs). A local licensing authority ( LLA) must follow those elements of the guidance that are statutory, and should have regard to the non-statutory parts. The guidance on ' Access to taxis and private hire vehicles for disabled users' is accessible here. Eq A 2010 (as amended by TPHV( DP) A 2022 with effect from 28 June 2022) places duties on the following to improve access for disabled people to public transport: drivers of hackney carriages and PHVs ...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note offers guidance for public procurement exercises launched before the Procurement Act 2023 ( PA 2023) took effect on 24 February 2025. In-scope procurements that begin on or after that date are regulated by PA 2023. Under the Act’s transitional and savings provisions, the previous public procurement regimes continue to apply, to the extent necessary, to enable contracting authorities to finalise and manage procurements started prior to PA 2023 taking effect (ie ongoing procurements). This Practice Note should be considered in that light. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. In-scope procurements begun on or after that date are governed by PA...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced under the earlier regime ( Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under those rules. The Cabinet Office has refreshed its suites of standard contract documents, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 “go‑live” on 24 February 2025. This Practice Note will be revised shortly to take account of these changes. For further detail, see: News Analysis: Procurement Act 2023 “go live”—what happens next?, and Government model contracts updated for...
Boilerplate provisions in public sector contracts This Practice Note examines audit clauses within public sector agreements. For additional insight into what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements initiated on or after that date must proceed under PA 2023. The existing public procurement regime—including the Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and...
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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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