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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 outlines how the common law doctrine of frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes: Frustration event analysis—a practical guide Frustration—key and illustrative decisions For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus ( COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below....
Overview of plan-making reforms under the Levelling-up and Regeneration Act 2023 As explained in detail in Practice Note: Plan-making in England under the Levelling-up and Regeneration Act 2023—principles and key steps, the Levelling-up and Regeneration Act 2023 ( LURA 2023) revises Part 2 of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004) with effect from 25 March 2026, delivering substantial reforms to the plan-making framework. Linked secondary legislation—most notably the Town and Country Planning ( Local Planning) ( England) Regulations 2026 ( Local Planning Regulations), SI 2026/186—also commencing on 25 March 2026, sets out detailed procedural obligations. At present, two plan-making regimes run concurrently: the Legacy Plan- Making System under the PCPA 2004, without the amendments made by LURA 2023 (the Legacy Plan- Making System); and the Current Plan- Making System under the PCPA 2004,...
Houses in multiple occupation ( HMO) licensing Responsibility for licensing HMOs rests with the local housing authority ( LHA) for the area where the HMO is situated. This Practice Note sets out who must apply for a licence, identifies the relevant persons for service of notice, explains who counts as a fit and proper person, and outlines the procedure on application, grant, refusal or renewal. It also details the conditions to be met by the proposed licence holder, the licence fee, and how long the licence will last. Licensing by the LHA is mandatory under Part 2 of the Housing Act 2004 ( HA 2004) for HMOs that fall within the prescribed description. Discretionary schemes are available through additional licensing of HMOs under Part 2, and selective licensing of other privately rented housing under Part 3, in areas designated by the LHA. In England, new...
The purpose of a bankruptcy order is two-fold: first, it secures the bankrupt’s estate for the benefit of the creditors so it can be realised and shared among them by way of a dividend secondly, it facilitates the bankrupt’s rehabilitation by releasing them from their debts (with certain exceptions), which then fall solely upon the bankruptcy estate To supervise this policy effectively—and to ensure fairness to creditors—the trustee in bankruptcy (trustee) is granted wide investigative powers and, where needed, may set aside antecedent transactions that have prejudiced creditors. This Practice Note outlines what follows once a bankruptcy order is made, its principal effects, the duration of bankruptcy, the bankrupt’s discharge from bankruptcy, and the circumstances that might justify further sanctions against the bankrupt. This Practice Note does not cover the trustee’s powers and duties, or how the trustee will administer the bankruptcy estate......
What is an Energy Services Company ( ESCo)? There is no single, settled definition of an ESCo, and the term has no special legal status. It is used for organisations involved in generating, distributing and/or supplying energy to end users, as well as those focused on demand management, green retrofits and other efficiency measures. This Practice Note adopts ‘ ESCo’ to mean entities engaged in producing and supplying energy—specifically heat delivered as steam or hot water—rather than energy efficiency projects. An ESCo of this kind will often employ co‑generation of heat and electricity via a combined heat and power ( CHP) plant. Variations include combined cooling, heat and power ( CCHP), where absorption chillers utilise part of the heat from the CHP plant to create chilled water for air conditioning or refrigeration; and quadgeneration, which incorporates carbon‑capture technologies. For simplicity, this Practice Note refers to ‘ CHP’, as...
This Practice Note reviews recent judgments in which the courts have examined whether a parent may authorise their child’s confinement which, in the absence of valid consent, would otherwise amount to a deprivation of liberty. What is deprivation of liberty? Article 5 of the European Convention on Human Rights ( ECHR) safeguards the right to personal liberty and provides that no person should be deprived of that liberty in an arbitrary manner. The protection under Article 5 of the ECHR applies to people of every age. Article 5(1)(e) permits, among others, the lawful detention of 'persons of unsound mind' and minors for the purpose of educational supervision, in accordance with a procedure laid down by law. Article 5 also requires specified safeguards for anyone deprived of their liberty, including the right of access to speedy judicial proceedings to challenge the lawfulness of the...
This Practice Note explains what vicarious liability claims involve, with particular emphasis on the relationship between employer and tortfeasor in such matters. It examines the circumstances in which responsibility can flow from an employee’s wrongdoing, irrespective of any blame attaching to the employer at all. It also offers guidance on claims grounded in negligence or breach of statutory duty, including those brought in practice under the Protection from Harassment Act 1997 ( PHA 1997). In personal injury litigation, a claimant will usually try to prove fault—negligence or breach of statutory duty—on the part of the named defendant, for example the employer. However, an alternative path is frequently open: namely, holding the employer vicariously liable for the acts or omissions of its worker or agent. Nature of vicarious liability Broadly stated, under the doctrine of vicarious liability, an employer bears liability for an...
Who is the General Osteopathic Council ( GOs C)? The General Osteopathic Council ( GOs C) is a corporate body established by the Osteopaths Act 1993 ( OA 1993) with the overall role of advancing and overseeing the profession of osteopathy, with an overarching purpose, first and foremost, of protecting the public by: protecting, promoting and upholding the public’s health, safety and wellbeing promoting and sustaining public trust in the osteopathic profession, and promoting and preserving appropriate professional standards and conduct among its members This Practice Note outlines and provides guidance on GOs C fitness to practise processes, procedures and proceedings, inquiries and investigations, and applications for restoration to the Register. It is a criminal offence to call yourself an ‘osteopath’ without being registered with the GOs C. For clarity and ease of reference, this Practice Note should be read alongside Practice Notes: Common principles in fitness to...
FORTHCOMING CHANGE The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note examines obligations implied by the Landlord and Tenant Act 1985 ( LTA 1985) into dwelling tenancies, addressing fitness for human habitation and repair. LTA 1985, s 9A (inserted by the Homes ( Fitness for Human Habitation) Act 2018 ( H( FHH) A 2018)) provides for certain English dwelling leases to include implied landlord covenants concerning fitness for human habitation. LTA 1985, s 11 stipulates that specified dwelling leases contain implied covenants by the landlord relating to repair. LTA 1985, s 11 does not apply to dwellings let under occupation contracts governed by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016). RH( W) A...
Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 ( CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 ( BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer...
Who is the Nursing and Midwifery Council ( NMC) The Nursing and Midwifery Council ( NMC) is a statutory corporate body established by the Nursing and Midwifery Order 2001. Its general function is to promote standards of education, training, conduct and performance for those it regulates, with the overriding objective of safeguarding the public. All nurses, nursing assistants and midwives must be registered with the NMC, whether roles are temporary or permanent, paid or voluntary, across the NHS or the independent sector. The NMC’s role is to protect, promote and maintain: the health, safety and well-being of the public public confidence in the professions it regulates professional standards and conduct for Registrants This Practice Note offers a guide to Nursing and Midwifery Council ( NMC) fitness to practise proceedings, investigations, and applications for restoration to the Register. The NMC regulates: nurses ...
During the fixed term, the LA may regain possession of the property by serving a notice seeking possession and by showing that a qualifying ground applies in the particular case. The grounds mirror those used when obtaining possession of a secure tenancy. There are 18 in all, overall grouped into three broad bands: Grounds 1–8; Grounds 9–11; Grounds 12–16. Grounds 1–8 These are discretionary grounds, and the court must be persuaded that making a possession order is reasonable in the circumstances. Grounds 9–11 These are mandatory grounds, and the court must be satisfied that suitable alternative accommodation is available to the tenant in question. Grounds 12–16 These are discretionary grounds, and the court must be satisfied both that it is reasonable to make the possession order and that suitable alternative accommodation is available. Ground 15A In Newport City Council v Charles, the deceased tenant’s son concealed the death for three full years. The...
Stop Press: On 31 March 2026, Sir Andrew Mc Farlane, President of the Family Division, published consolidated guidance on allocation and gatekeeping in children proceedings before the Family Court, taking effect from 5 May 2026. The guidance replaces the 2014 public and private law guidance and establishes a single framework governing allocation across all children matters. It formalises the role of gatekeeping teams, brings allocation decisions into line with contemporary procedural pathways (including Child Focused Courts), and reaffirms the core principles of judicial continuity, proportionality and efficient deployment of judicial resources; see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Practice Note is currently being revised to reflect the President’s guidance. In addition, on 22 April 2014, the Public Law Outline for care, supervision and other proceedings under Part IV of the Children Act 1989 ( Ch A 1989) took effect as...
FORTHCOMING CHANGE Section 10 of the Finance Act 2022 will lift 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. It will also permit members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either held an ‘unqualified right’ to take benefits, or were already undertaking a substantive transfer to a scheme that, on or before that date, offered an unqualified right to a protected pension age below 57. To rely on this new protection in 2028, the scheme’s rules must have, as at 11 February 2021, contained an unqualified right to take entitlement to scheme benefits before age 57. For further details, see Practice Note: Increasing the normal minimum pension age ( NMPA) to 57—pensions...
This Practice Note explains who may face prosecution under the General Product Safety Regulations 2005, SI 2005/1803 ( GPSR 2005). It further outlines, in particular, the statutory due diligence defence, sets out in detail the applicable limitation periods for instituting proceedings, and summarises the sanctions available on conviction for these offences. For guidance on the duties placed on producers and distributors by the GPSR 2005, SI 2005/1803, see Practice Note: General Product Safety Regulations 2005— Offences. For material on how the GPSR 2005, SI 2005/1803 are enforced, see Practice Note: Enforcement of the General Product Safety Regulations 2005. Time limit for bringing prosecutions under the General Product Safety Regulations 2005 Under the GPSR 2005, SI 2005/1803, any prosecution must be commenced within three years of the commission of the offence (ie a breach of the general safety requirement, etc), or within 12 months of the...
Capping the size of public sector exit payments This Practice Note reviews revoked legislation and proposals not yet commenced. It traces the development of the cap on public sector exit payments, notably the Restriction of Public Sector Exit Payments Regulations 2020, SI 2020/1122, which applied from 4 November 2020 until 19 March 2021. It also examines the government’s suggested ‘framework’ to reform how public sector exit payments are calculated more broadly, alongside distinct plans to revise exit terms for local government staff, including those eligible for membership of the Local Government Pension Scheme ( LGPS). In addition, it summarises the 2022 government consultation on public sector exit pay that links cap proposals with Treasury approval routes for special severance payments. The background to the proposals and the now-revoked cap is set out immediately below—see Capping the size of public sector exit payments. For more on the...
ARCHIVED: This Practice Note summarises how the Restriction of Public Sector Exit Payments Regulations 2020 (the 2020 Regulations), SI 2020/1122, operated, although they have since been revoked. The 2020 Regulations took effect on 4 November 2020. After just four months, on 12 February 2021, the government confirmed that the 2020 Regulations would be withdrawn, and a Treasury Direction disapplied the cap from 12 February 2021 pending formal revocation, which was delivered by the Public Sector Exit Payments ( Revocation) Regulations 2021, SI 2021/197, with effect from 19 March 2021. Because public sector exit payments were processed during the period when the statutory exit pay cap applied, the provisions of the 2020 Regulations remain pertinent. This Note is not updated and is provided for background reference only. For an account of the development of the proposals and legislation to cap public sector exit...
A requestor, or more accurately a complainant, may challenge the handling of a request for environmental information where they believe a public authority has not met a requirement under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). The initial step is to take the matter up with the relevant public authority. If it remains unresolved, the further steps referred to in this Practice Note should then be followed... How and when should a requestor complain? Internal complaints procedure In the first instance, a complaint should be submitted to the relevant public authority itself, which is required to operate a process for handling internal complaints. It should be lodged within 40 working days from the date on which the complainant considers the authority failed to comply with the EIR. Upon receipt of a complaint, the public authority must, free of charge: consider the...
What is the ? The CHPQA is a programme operated on behalf of the Department for Energy Security and Net Zero ( DESNZ), in collaboration with the Scottish Executive, the Welsh Parliament, and the Northern Ireland Department of Enterprise, Trade and Investment. DESNZ was formed on 7 February 2023 and has assumed the energy portfolio and duties of the former Department for Business, Energy and Industrial Strategy ( BEIS), which no longer exists, including its roles in respect of the CHPQA. The scheme’s objective is to systematically assess, track and raise the overall quality of combined heat and power ( CHP) in the UK. CHP is a key component of the UK’s low‑carbon aims, as it captures waste energy from electricity generation to supply heat directly to domestic and non‑domestic premises across the UK (typically as hot water and steam moved through a network of...
This Practice Note considers contracting authority under the law of England and Wales Recognised as a key element of forming a contract, this note examines agency principles and authority to contract across a range of entities, including: corporations in general, companies incorporated under the Companies Act 2006 ( CA 2006), unregistered and overseas companies, limited liability partnerships, general partnerships and limited partnerships, unincorporated associations, incorporated charities (charitable companies and Charitable Incorporated Organisations), and unincorporated charities (charitable unincorporated associations and charitable trusts). Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the...
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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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