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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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STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have commenced. Competitions launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered in line with those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document collections, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be revised shortly to reflect these developments. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model...
IP licence An IP licence permits a licensee, with the licensor’s consent, to use IP rights that they would not be able to exploit otherwise. An IP licence may stand alone as a dedicated IP licence agreement, or be incorporated within a broader contract, eg where specified IP rights are licensed under a commercial deal, project, or collaboration. This negotiation guide highlights the principal components of an IP licence clause suitable for insertion into a wider agreement. For example IP licence clauses, see Precedents: Intellectual property rights licence clause—pro-licensor and Intellectual property rights licence clause—pro-licensee, for reference as set out here......
East Riding of Yorkshire Council has produced this Practice Note. It should be read alongside Practice Note: Design requirements in the planning system, which outlines the legal and policy framework governing design in the planning system. Preparatory stage Thorough preparation establishes a clear process for drafting and implementing a code, and helps secure buy‑in from key stakeholders. From the outset, define the parameters of the code. Will it operate across the whole authority or be tailored to a specific site? Alternatively, should it concentrate on a single design characteristic or aspect? Early, meaningful engagement with stakeholders—including local residents, agents, developers and planning officers—can fix initial boundaries and map the scope the code will need to cover. This early dialogue also highlights priorities that warrant inclusion. Review design guides and codes prepared by other authorities, then discuss which approaches will work in your area. Comparing examples can reveal what to adapt or...
Practice Note This Practice Note distils the definitions found in Part 1 of the Domestic Abuse Act 2021 ( DAA 2021). It sets out the statutory meaning of domestic abuse, explains when two people are considered personally connected, and signposts the domestic abuse statutory guidance. It also outlines the changes brought in by DAA 2021 so that children can be recognised as victims of domestic abuse. For the first time, a broad-ranging definition has statutory status. DAA 2021 clarifies which behaviour constitutes domestic abuse. Enhanced protective measures are introduced for vulnerable individuals. Protection is available consistently via the police, local authority, and criminal, family and civil court processes. By providing these protections, the aim is that more people will feel able to come forward to seek protection, rather than avoid it for fear of abuse being...
Domestic Abuse Act 2021 ( DAA 2021) The Domestic Abuse Act 2021 ( DAA 2021) widens the availability of special measures directions in family proceedings, and in other forums, where an individual is a victim of, or faces a risk of, domestic abuse. These measures are intended to enable survivors to provide the highest quality evidence and to engage in proceedings without any continuation or reinforcement of the abuse they have suffered in any form. At the outset of a case, very early thought should be given to what practical support can be offered to a victim, what appropriate forms of relief might secure that support, and which special measures will help a potential victim feel sufficiently at ease to give the best evidence, thereby offering the greatest assistance to the court. See also Practice Note: The definition of domestic abuse under the...
In HL v United Kingdom (the Bournewood case), the European Court of Human Rights determined that, where a person with a mental disorder is cared for or treated in circumstances amounting to a deprivation of liberty, a procedure prescribed by law must be observed. Consequent upon that decision, the Mental Health Act 2007 ( MHA 2007) inserted a series of provisions into the Mental Capacity Act 2005 ( MCA 2005), which took effect on 1 April 2009. Notably, Schedule 1A to the MCA 2005 created what are now termed the Deprivation of Liberty Safeguards, or the DOLS regime. The powers conferred by the MHA 2007 upon the Court of Protection, together with the DOLS regime, were implemented to ensure suitable legal safeguards for incapacitated persons who are, or might be, deprived of their liberty outside the scheme of the Mental Health Act 1983 ( Me HA...
There are five key steps to improving efficiency Pinpoint 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) Examine your information (covered in this Practice Note) Improve the process (see Practice Note: Improving efficiency: Step 4—improve the problem) Control, ie embed the new process so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes) Many management consultants describe this as the ‘ DMAIC framework’. This Practice Note takes you through Step 3, ie investigating the causes of the problem you identified in Step 1 and measured in Step 2. It builds on the case study used in Practice Notes: Improving efficiency: Step 1—identify and define the problem and Improving efficiency: Step 2—measure the problem, which...
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers further detailed treatment of matters addressed in this Practice Note. This Practice Note examines the contractual architecture for district heating network projects in England and Wales. The topics addressed in this overview include the following: at an appropriately high level, what district heating networks are which core project agreements apply to such district heating network schemes the recurring points that commonly arise when drafting and negotiating those project contracts, and available guidance on both procuring and operating district heating network projects In Scotland, the Heat Networks ( Scotland) Act 2021, together with later secondary legislation, created a distinct...
What is a display energy certificate ( DEC)? DECs were brought in to increase public understanding of energy consumption and to inform visitors to public buildings about how much energy a building uses. A DEC sets out a building’s operational energy rating, graded from A to G, where A signifies very efficient and G indicates the least efficient. This rating is a numerical measure of the building’s actual yearly carbon dioxide emissions... The certificate is based on the metered energy consumed by the building over the previous 12 months that fall within the DEC’s validity. The operational rating is determined using a methodology approved by the Secretary of State and applied by an accredited energy assessor with a designated software tool. For further details on energy assessors, see Practice Note: Energy performance certificates ( EPCs)—energy assessor accreditation and energy...
This Practice Note explores what may amount to discrimination in a social housing setting and the situations in which it may occur. It also outlines the obligations on social housing providers to ensure the needs of people with protected characteristics are met, and to remove or lessen disadvantages they face when accessing housing support services. Social housing providers are treated as public authorities for the purposes of the Equality Act 2010 ( Eq A 2010). Consequently, public bodies must publish relevant, proportionate information demonstrating how they will meet the public sector equality duty ( PSED). See Practice Notes: Specific public sector equality duties— England and Specific public sector equality duties— Wales. What is discrimination? Discrimination is the less favourable treatment of an individual or group regarded as ‘protected’ under the Eq A 2010 because they have protected...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force. Any procurement initiated on or after that date must proceed under PA 2023, while procedures commenced under the previous framework—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 conducted and managed under those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law. Introduction A contracting authority may decide to terminate an award procedure. This Practice Note...
This guidance addresses the position before the Procurement Act 2023. It provides advice for public procurement exercises started prior to the Procurement Act 2023 ( PA 2023) taking effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes continue insofar as needed for contracting authorities to complete and administer procurements begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be considered on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview, which includes the Practice Note: Disclosure in connection with procurement challenges— PA 2023. Aspects of disclosure in public...
The Infrastructure ( Wales) Act 2024 ( I( W) A 2024) received Royal Assent on 3 June 2024. From 15 December 2025, a single, unified consenting route for infrastructure was brought into force which, for specified categories of significant infrastructure projects, supersedes the Developments of National Significance ( DNS) process. This Practice Note sets out the DNS regime and the way it continues to apply under the transitional and saving provisions in I( W) A 2024, s 146 and supporting regulations. For details of the new infrastructure consent regime, see Practice Note: Infrastructure consent in Wales. Developments of National Significance in Wales Status of DNS following the Infrastructure ( Wales) Act 2024 From 15 December 2025, new proposals that fall within the significant infrastructure projects ( SIPs) categories in I( W) A 2024 will generally require infrastructure consent instead of planning permission under the DNS route. The DNS...
This Practice Note outlines the principal statutory models of development corporation used in England, their purposes, how they are brought into being, and the key powers and planning matters for practitioners advising promoters, landowners, local authorities and other stakeholders. What is a development corporation? A development corporation is a statutory body corporate established to deliver development, regeneration or a new settlement within a defined area, using a suite of powers that commonly includes land assembly, undertaking development, delivering infrastructure and, for some models, planning functions. Development corporations are constituted under different statutory routes. In England, the main models are provided by the New Towns Act 1981 ( NTA 1981), Part 16 of the Local Government, Planning and Land Act 1980 ( LGPLA 1980), and Part 8 of the Localism Act 2011 ( LA 2011). The selected route determines: who designates the area and...
This Practice Note sets out how cultivating and advancing home-grown talent benefits a firm, preserving critical skills and knowledge in-house while serving as a strong incentive for ambitious, capable individuals. Recruitment is both expensive and protracted, especially for senior appointments—growing leaders internally can be markedly more time- and cost-efficient. This Practice Note covers: how to spot potential coaching and development for leaders personal development plans for future leaders delegation succession planning How to spot potential The key question to pose is: which leadership capabilities do we need now, and which will we require in future? Be crystal clear about the qualities you seek before you begin to look for them. Key skills required of leaders include the ability to: drive and manage change spot and nurture emerging talent encourage creativity and innovation coach and develop...
This Practice Note sets out what personal branding is and why creating and sustaining a strong, authentic personal brand matters for leaders. Branding—personal or otherwise—is not identical to reputation, though the two ideas are closely connected: branding—the ongoing process of shaping a consistent image or impression in others' minds of an individual, group or company reputation—the beliefs or views that other people hold about someone or something Personal branding It was once true that only products carried a brand; yet, with the rise of social media, the notion of people cultivating their own brand has accelerated. Actively managing your personal brand is now crucial. How others see you genuinely counts. A robust, honest personal brand helps anyone seeking to make an impact and should be a central priority for leaders or those aspiring to lead. Recruiters will scrutinise your digital footprint, from...
The importance of design in development Design sits at the heart of the planning system for multiple reasons. It helps to deliver: high-quality place-making functional, usable proposals greater sustainability protection of an area’s local character active community engagement wellbeing within communities Giving design proper weight when preparing a planning application is essential in light of paragraph 139 of the National Planning Policy Framework ( NPPF), which makes clear that poorly designed development should be refused, particularly where it fails to reflect local design policies and government guidance on design, taking account of any local design guidance and supplementary planning documents such as design guides and codes—see ‘ LPA’s determination of planning application’ below. Design shapes every stage of the planning process, from policy and plan-making, through the determination of applications, to the post-approval phase. The principal policy and guidance on design in the planning system in England is found...
What is a design and access statement? A design and access statement ( DAS) is a succinct document that accompanies particular applications for planning permission and for listed building consent. It sets out the thinking and design principles behind the scheme, and explains how matters of access to and within the development have been addressed. Regulations prescribe specific components that every DAS must contain. As a tool, DASs give applicants and their design teams a structure to show their dedication to high-quality design and to securing accessibility within their schemes. They describe why the proposal is an appropriate response to its site and surroundings, and to statutory duties and policy requirements. A carefully prepared DAS can support decisions by helping local planning authorities ( LPAs) and consultees grasp the assessment that informed the scheme’s design. In principle, this should smooth...
This Practice Note outlines the legislative foundation, character and role of the definitive map and statement that a highway authority must maintain for the public rights of way within its area, under the Wildlife and Countryside Act 1981 ( WCA 1981). It describes the authority’s obligation to keep the map and statement under continual review, to update and amend them when needed, and the events and orders that will necessitate alteration of the map and statement. It also details the procedures for making a modification order, whether commenced by the authority or prompted by an application to the authority from another party. It clarifies what triggers a review and how alterations are implemented. Statutory basis and effect Each highway authority is required to compile, and keep under review, a definitive map and statement ( DMS) of the public rights of way in its area. The map...
A local authority ( LA) landlord is a public body, so its decisions are susceptible to public law scrutiny. When an LA issues possession proceedings for a dwelling, it is long settled that a defendant may rely on orthodox judicial review principles as a defence. See Practice Note: Judicial review—what it is and when it can be used. An LA also qualifies as a public authority for the purposes of the Human Rights Act 1998 ( HRA 1998). As a result, possession claims may in turn engage rights under the European Convention on Human Rights ( ECHR), in particular Article 8, the right to respect for one’s home. Private Registered Providers ( PRPs) ( England) and Registered Social Landlords ( RSLs) ( Wales) Social housing landlords outside the LA sector—labelled ‘private registered providers’ ( PRPs) in England and ‘registered social landlords’ ( RSLs) in...
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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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