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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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Scope of Practice Note This Practice Note addressing breach of contract explores what can constitute a contractual breach, and the judicial approach to assessing it by carefully construing the parties’ obligations—embracing both the ‘principle of futility’ and the ‘prevention principle’. It also sets out, in particular, the available responses to breach, namely an express contractual power to terminate for breach, or termination at common law for repudiatory breach, together with contractual damages and any various statutory constraints upon the remedies and liabilities arising from breach of contract. Note: a breach of contract may (though not invariably) lead to the agreement being terminated or brought to an end. Yet there are numerous other mechanisms by which a contract may end besides breach, and other circumstances in which a contract can be treated as void or rescinded. For guidance on these topics, see the...
This tracker recorded key developments, legislation, guidance and briefing notes from the initial coronavirus ( COVID-19) response, spanning June to August 2020, with a focus on matters affecting local government governance. It is intended as a historical record of the legislation and guidance in effect and applied during that time. For current developments, see: Coronavirus ( COVID-19)—governance tracker. Use the links below to jump to the relevant section: Primary legislation National restrictions Local restrictions Travel restrictions Local authority governance Financial Support Other legislation Government guidance Other sources of information News Analysis Case law Primary legislation Corporate Insolvency and Governance Act 2020 When in force: In part from 26 June 2020, with remaining provisions commencing on a day set by the Secretary of State through regulations. Summary: Provides for companies and other entities facing...
Lexis+® UK Local Government— Education tracker 2021 This Lexis+® UK Local Government feature preserves a historical log of current awareness, consultations, legislation and developments monitored by the Education tracker, spanning the whole education spectrum—from early years foundation stage ( EFYS) through to further and higher education—across 2021. When news, consultations and other items are no longer current, they move into the Education tracker archive. Secondary legislation is archived two months after commencement, while cases and primary legislation are archived 12 months after coming into force or once judgment is delivered. See: Education tracker 2020 [ Archived], Education tracker 2019 [ Archived], Education tracker 2018 [ Archived], Education tracker 2017 [ Archived] and Education tracker 2016 [ Archived]... Legislation and statutory guidance Legislation and statutory guidance Bills: passage through parliament Consultations and developments of interest ...
Reform of anti-social behaviour powers (2014) The Anti-social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014) overhauled the suite of tools for tackling anti-social behaviour ( ASB). Its purpose was to bring remedies together and make their use more straightforward and effective. In July 2014 the government published new statutory guidance, Reform of anti-social behaviour powers: statutory guidance for frontline professionals. Updated in August 2019; Revised in January 2021 to reflect the Sentencing Code, introduced by the Sentencing Act 2020 ( SA 2020), which repealed and replaced Part 2 of the ABCPA 2014; Amended in June 2022 to include Expedited Public Spaces Protection Orders; Refreshed in March 2023 to coincide with the launch of the ASB Action Plan and promote greater consistency in the use of powers and tools. The opening section of the statutory guidance puts victims first, placing them at the centre of the response to...
General Throughout the duration of an agreement (and sometimes afterwards), one or more of the parties may wish to notify third parties about particular matters relating to the existence of the agreement, its subject matter, or developments arising from the operation of the agreement. The kind of information envisaged is that typically found in public announcements or press releases issued by one or more of the parties (eg to brief investors, prospective investors, the media, potential customers, or regulatory authorities). Such announcements are usually distinct from information generated through the performance of the agreement itself (eg in a consultancy arrangement, the consultant might produce routine reports on the tasks undertaken and supply that information to its client and, in some cases, to third parties). Nevertheless, the parties will not wish to permit each other to disclose information to third parties without restraint and will...
Where do the requirements for air conditioning inspections come from? Part 4 (regs 17–21) of the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regulations 2012) specifies the duty to have an air conditioning system inspected by an accredited air conditioning energy assessor. The EPC Regulations 2012 gave effect to the requirements contained in the recast Energy Performance of Buildings Directive 2010/31/ EU (the recast EPBD directive). Before the EPC Regulations 2012, the Energy Performance of Buildings ( Certificates and Inspections) ( England and Wales) Regulations 2007, SI 2007/991 implemented the original Energy Performance of Buildings Directive 2002/91/ EC (the original EPBD directive). The recast EPBD directive was prepared after the European Council determined that clearer, more targeted measures were needed to achieve energy savings in buildings across all Member States; see Practice Note: EU Energy...
Offences relating to the sale of tobacco and nicotine inhaling products to persons under 18 In order to reduce the growing numbers of children and young people becoming dependent on nicotine, various distinct offences exist in England and Wales covering the sale of tobacco and nicotine inhaling products to those under 18 years of age. Responsibility for such offences may fall on the person who completed the transaction and/or on the shop or premises where it occurred in question. Buying, or trying to buy, tobacco or nicotine products for someone under 18 (‘proxy purchasing’) is a separate offence, committed by the person making or attempting the purchase of the restricted product, rather than by the retailer or its staff. For further details on proxy purchasing of tobacco and nicotine products, see Practice Note: Proxy purchasing of tobacco and nicotine products. To further...
What is Affordable Housing? House of Commons Library Research Briefing CBP07747, What is Affordable Housing? ( July 2023), notes that England currently lacks a comprehensive statutory definition of affordable housing. This uncertainty also covers what counts as affordable home ownership. The definition most often cited for ‘affordable home ownership’ is set out in Annex 2 (b–d) of the National Planning Policy Framework ( NPPF). Local planning authorities rely on this when setting out provision in their areas to address local need/demand for affordable housing. Councils use it to shape provision to meet local need/demand. The latest iteration of the NPPF was issued in December 2023. Under the NPPF, affordable home ownership comprises three types: Starter Homes (as described in section 2 of the Housing and Planning Act 2016 ( HPA 2016)—however, the Public Accounts Committee inquiry report on Starter Homes ( H88— December 2020) records that in...
Part I of the Countryside and Rights of Way Act 2000 ( CRWA 2000) Part I seeks to broaden the public’s freedom to explore open countryside. It creates a statutory right for people to be on foot—subject to exceptions (see ‘ Excepted land’ below)—across ‘access land’. Under CRWA 2000, s 1, ‘access land’ includes: mapped areas of ‘open country’, encompassing mountain, moor, heath and down virtually all registered common land (ie land registered as such under the Commons Registration Act 1965) ‘coastal margin’, as determined by the Secretary of State under CRWA 2000, s 3A ‘dedicated land’, meaning land whose owners have dedicated it for public access under CRWA 2000, s 16(1) Any land to which this public right of access applies is referred to as ‘access land’......
This Practice Note examines the closed material procedure ( CMP) under CPR 82, by which the state may present material sensitive to national security to a judge without revealing it to opposing parties. It further explains how to apply to withhold such national security sensitive material pursuant to CPR 82.13. The closed material procedure ( CMP)—evolution and rationale The state has long protected matters touching national security by asserting public interest immunity ( PII), shielding related information and documents—see Practice Note: Public interest immunity. Where a PII claim succeeded, national security-sensitive material remained concealed, as the documents were withheld from everyone and excluded entirely from the issues before the court, having no influence on the dispute. Yet the state could not rely on them either, because the PII certificate kept them out of the case. If, on the other hand, a PII claim failed, the...
Practice Note This Practice Note outlines the criminal offences of tattooing individuals under 18 under section 1 of the Tattooing of Minors Act 1969, and the prohibition on under-18s using sunbeds under section 2 of the Sunbeds ( Regulation) Act 2010 ( S( R) A 2010). It also summarises the available defences and the potential sentences for these offences... Tattooing of minors Tattooing anyone below 18 is an offence unless carried out for medical purposes by a suitably qualified medical practitioner, or by someone acting under that practitioner’s direction. A defence exists where the accused can demonstrate that, at the time of the procedure, they had reasonable cause to believe—and genuinely did believe—the person was 18 or over. A tattoo is the insertion into the skin of colouring material intended to produce a permanent mark. On summary conviction, an offender is liable to a fine up to level...
Under the Town and Country Planning Act 1990 ( TCPA 1990), a breach of planning control is subject to enforcement action TCPA 1990, s 171A explains what constitutes a breach of planning control: undertaking development without the necessary planning permission—this presumes that unauthorised operational works or a material change of use (each being ‘development’ under s 55) has occurred, that such development requires permission, and none has been secured. When deciding if a breach has arisen in this way, the guidance and case law on the meaning of ‘development’ must be applied—see Practice Notes: Operational development and Material change of use failing to comply with any condition or limitation attached to a planning permission—this also covers limits or conditions applied to individual permitted development rights in the Town and County Planning ( General Permitted Development) ( England) Order 2015, SI 2015/596 and the Town and Country...
Costs of judicial review proceedings The issue of who bears the expense of court proceedings, and the potential size of that liability, will inevitably be central when deciding whether to issue a claim and, likewise, whether and in what manner to resist one. As a starting point, the costs of judicial review are within the court’s discretion, pursuant to section 51(1)–(3) of the Senior Courts Act 1981 ( SCA 1981). That overarching position is shaped by the Civil Procedure Rules, relevant authority, and the specific facts and circumstances of the case at hand. Customarily (though not invariably) costs follow the event; in other words, the successful party will ordinarily recover its costs from the unsuccessful party. The costs in question are those ‘of and incidental to’ the proceedings. In most judicial review claims, the defendant is the public authority whose decision, act, or...
What are heat networks? Heat networks are systems that deliver heating to multiple users within a single building (communal heating) or across several buildings (district heating), drawing on shared heat source(s) and a shared distribution network of pipes and plant. Heat is usually supplied as hot water—steam is uncommon—and there is a growing move towards circulating lower temperature, ‘ambient’ heat... Where a DHN connects multiple properties, heat exchangers are typically employed to provide hydraulic separation between the central network and the individual building systems. This permits different pressures and circulation rates, and makes it easier to manage temperatures (and ownership) within local buildings... For further detail on the engineering of district heating networks, see Practice Note: District heating/heat networks—technology. This Practice Note summarises the obligations under the Heat Network ( Metering and Billing) Regulations 2014, SI 2014/3120 (as amended), which form a specific element of the legal...
Prior to the hearing of a creditors’ bankruptcy petition, certain actions are required to satisfy the procedural obligations contained in the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, and the Practice Direction on Insolvency Proceedings ( PDIP). This includes measures open to the debtor or any other creditor who wishes to take part formally in the creditors’ bankruptcy petition process. Steps to be taken by the petitioning creditor before the hearing Before the bankruptcy petition is heard, the petitioning creditor must complete several procedural tasks: They must confirm that a minimum of 14 days has passed since service of the bankruptcy petition on the debtor in order to comply fully with the applicable procedural framework under IR 2016 and PDIP......
Practitioners should be aware that, on 31 July 2025, the Law Commission confirmed it will review the product liability framework established by the Consumer Protection Act 1987 ( CPA 1987). The objective is to determine whether the present legal architecture remains effective in addressing harm arising from defective products, particularly in view of technological developments over the last 40 years. The review will consider the regime’s fitness for managing risks linked to emerging digital technologies and contemplate potential reforms to ensure it continues to protect consumers whilst promoting innovation and industry. For more information, see: LNB News 01/08/2025 53... Application of the Consumer Protection Act 1987 CPA 1987, Part II confers regulation‑making powers on the Secretary of State in relation to the safety of specified products. Selling, or offering for sale, those specified products in contravention of any provision made under Part II...
What are business rates? Business rates are a levy on property used for commercial purposes. They apply to most non-domestic premises, including shops, offices and pubs. Rates are also due where only part of a building is put to non-domestic use. For broader guidance on business rates, see Practice Note: Liability for business rates. Who is liable to pay business rates? In an insolvency setting, the occupier of the premises is responsible for business rates. A company is rateable as occupier only if it is in ‘actual possession’ and exercises a ‘sufficient measure of control to prevent strangers from interfering’. A company undergoing an insolvency process may still be treated as in occupation depending on the office-holder’s actions; for example, if trading continues while a buyer is sought. For more on what amounts to occupation, see Practice Note: Liability for business rates. A de minimis...
Although the common law adage ‘once a highway, always a highway’ is well known, statutory powers can prevail. As a result, highways can be diverted or closed under numerous Acts of Parliament, or through natural events. For diversion and closure arising from natural causes, see Practice Note: Natural and other causes of diversion and closure. Stopping-up of highways The principal powers most often used to stop up a highway are found in section 116 of the Highways Act 1980 ( Hi A 1980) and section 247 of the Town and Country Planning Act 1990 ( TCPA 1990). Under Hi A 1980, s 116, the highway authority may seek a stopping-up order from the magistrates’ court. The sole basis for such an order is that the highway is unnecessary. Under Hi A 1980, s 117, anyone wishing to have a highway stopped up as...
In England and Wales, it is unlawful for an adult to purchase, or seek to purchase, tobacco or tobacco‑related goods for someone under the age of 18. This conduct—often called ‘proxy purchasing’—is an offence committed by the adult who makes, or tries to make, the purchase, rather than by the retailer supplying the product... Separately, a retailer commits a distinct offence if they sell tobacco or nicotine inhaling products to anyone under 18, under section 7 of the Children and Young Persons Act 1933 ( CYPA 1933). For further detail on the prohibition against selling tobacco to under‑18s, see Practice Note: Prohibitions on the sale of tobacco and nicotine inhaling products... This separate offence forms part of continuing measures to cut the number of children becoming addicted to cigarettes and tobacco. It expressly includes e‑cigarettes and their components, reflecting concerns that increased...
This Practice Note sets out the particular instances where legislation demands a contract to be in writing, covering assignments, contracts for the sale of land, equitable mortgages, assents, share transfers, transfers of intellectual property rights, and guarantees... When a written contract is beneficial or a necessity Contracts can come into being in three ways: orally, by conduct, or ‘under hand’ (in writing). For further detail on formation and interpretation, see: Formation and interpretation—overview. Simple contracts arise in ‘simple form’, whereas deeds must be executed in ‘solemn form’. See Practice Notes: Deeds and Executing documents—deeds and simple contracts. There are situations where writing is either required by law or necessary to meet registration rules. Statute requires contracts to be made or evidenced in writing for: assignments contracts for the sale or other dispositions of an interest in land (as distinct from the actual...
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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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