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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note examines the care worker offences introduced by sections 20 and 21 of the Criminal Justice and Courts Act 2015 ( CJCA 2015). These offences have applied since 13 April 2015. Prevention of ill-treatment or neglect regime CJCA 2015 added two offences to the suite of mechanisms aimed at safeguarding vulnerable people from wilful neglect and ill-treatment by those, whether individuals or organisations, responsible for their care. The other principal measures are: section 1 of the Children and Young Persons Act 1933 ( CYPA 1933) section 127 of the Mental Health Act 1983 ( Me HA 1983) section 44 of the Mental Capacity Act 2005 ( MCA 2005) CYPA 1933, s 1 safeguards children and young persons from neglect or ill-treatment by any person with ‘responsibility’ for them, chiefly parents. Me HA 1983, s 127 makes it an offence for hospital and care home...
Practice Note This Practice Note outlines the steps for applying under section 91(14) of the Children Act 1989 ( Ch A 1989) for an order that bars any application of a defined type concerning the child from being issued by any person identified in the order unless the court first grants leave (permission) (a s 91(14) order). It also describes, in outline, the procedure to be followed by a person named in a s 91(14) order who seeks the court’s leave to pursue a specified application, and it explains the test the court should apply to any request for leave. On determining any application for an order under Ch A 1989, the court may direct that no application under that Act of any specified kind shall be made in relation to the child by any person named in the order without the court’s leave. This power is...
Section 30 of the Charities Act 2011 ( CA 2011) sets out the rules for registering charities. Registration is required for every charity unless it is an exempt charity listed in Schedule 3, or it is excepted under section 30(2)(b) and has a gross income not above £100,000. What is an excepted charity? Excepted charities remain regulated by the Charity Commission (the Commission), which may demand information about their work and open inquiries where there is cause for concern. They are described as excepted because legislation, or an order from the Commission, relieves them from the duty to register, provided their gross income does not exceed £100,000. Most such charities are either: linked to churches and chapels of various Christian denominations scout and guide groups subject to the jurisdiction of the courts The Excepted Church Charity...
It has been Government policy for centuries to encourage charitable giving. Tax relief is central to achieving this aim. Charities—being either incorporated entities with purely charitable aims, or bodies of trustees holding property on charitable trusts without legal personality of their own—are exempt from tax on the income and capital gains they receive, provided those funds are applied to charitable purposes only, i.e. used directly to advance the charity’s purposes or invested for the charity. Charitable donations are therefore often worth considering as part of lawful tax planning. Lifetime gifts may attract relief from income tax or corporation tax (cash via Gift Aid and, for works of art, land or shares, under Qualifying Investment Donation Relief ( QIDR)) and from capital gains tax (or corporation tax on chargeable gains). Where a gift is made by Will (or otherwise as a transfer of value) it is...
Contributions to charities or political causes may elevate exposure to bribery and corruption risks in practice. In some circumstances, such payments may amount to, or be perceived as, concealed bribes. This Practice Note explains what constitutes charitable and political donations, the associated risks, and measures to reduce those risks. Charitable donations A charitable donation is a voluntary gift from a person or business to a charity or other not-for-profit organisation. This may involve providing money, facilities, equipment, staff time, or another benefit to a charity, or to an individual or body designated by, or linked to, that charity, for instance. Although commonly discussed together (as here), charitable donations are usually quite distinct in nature from political donations. The majority of charities are unconnected with politics and hold no decision-making authority or sway over procurement choices; accordingly, the likelihood that a charitable gift is corrupt, or viewed as...
This practical guidance concerns the regime preceding the Procurement Act 2023. It provides direction pertinent to public procurement processes started before PA 2023 took effect on 24 February 2025. It applies to procurements launched before the Act’s commencement. Any in-scope procurements initiated on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings measures, the earlier procurement frameworks remain in force so far as required for contracting authorities to finalise and administer procurements begun prior to commencement (i.e. ongoing procurements). This Practice Note should be read in that light. For background reading, consult Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical material on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview. That subtopic includes the following Practice Note: Challenging a public procurement award—time limits— PA 2023. What is the scope for...
This Practice Note examines the planning regime that applies to carbon capture usage and storage ( CCUS) schemes in England and Wales. For a wider survey of CCUS roll-out across UK, including the creation of CCUS commercial models to unlock private capital in the field, see Practice Note: UK CCUS—an overview. For further detail on the non-planning licensing and permitting obligations relevant to CCUS projects in the UK, see Practice Note: Carbon capture usage and storage ( CCUS)— UK permitting requirements. For comprehensive commentary on 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 provides in-depth treatment of topics addressed in this Practice Note. For fuller legal analysis and discussion of CCUS, see also the...
FORTHCOMING CHANGE: As at July 2025, the CQC is actively reviewing its inspection and assessment framework, exploring amendments to make evaluation of each service type more effective. While the eventual model is not yet known, for the present the ‘ Single Assessment Framework’ continues to operate, with scoring adjustments in place. These revisions relate specifically to scoring arrangements. Under the current hybrid approach, evidence categories are no longer scored; instead, only quality statements receive ratings. ( See: CQC scoring approach). This Practice Note outlines the role, powers and functions of the . What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care, which regulates health and social care services in England, and protects the interests of people whose rights are restricted under the Mental Health Act 1983 ( Me HA 1983). The CQC’s legal...
CQC prosecutions tracker This Practice Note outlines key prosecutions for health and social care offences brought in England by the Care Quality Commission ( CQC) since 2015. Designed as a tracker, it helps practitioners review the types of sentences being handed down for breaches of health and social care law. For material on the CQC’s remit, powers and functions, refer to Practice Notes: Care Quality Commission ( CQC) and Care Quality Commission—inspections and reviews. Under the Health and Social Care Act 2008 ( HSCA 2008), the CQC is the principal enforcement body for matters of safety and the quality of treatment and care involving any health or adult social care provider registered with the CQC. Bringing criminal proceedings is only one tool within the CQC’s wider suite of enforcement powers; for further detail on that range of powers, see Practice Note: Care Quality...
FORTHCOMING CHANGE: As at the end of May 2025, the CQC is re-evaluating its inspection and assessment framework, exploring how it might be refined to better judge each category of service. The future format is not yet confirmed; nevertheless, for now the ‘ Single Assessment Framework’ remains in place, at present, with changes focused on the scoring approach. Evidence categories are no longer awarded scores; instead, only the quality statements are rated, a model referred to as the hybrid approach. CQC plans to run a consultation on updates to the Single Assessment Framework in Autumn 2025, with a view to bringing in revisions during 2026. It is expected that the quality statements could be streamlined (there are currently 34), and that CQC will add certain rating characteristics to support greater consistency. Such rating characteristics existed before the Single Assessment Framework was...
This Practice Note explains what a care plan is, when it must be created and when it should be created. It outlines what constitutes a care plan, the points at which it is required and when it ought to be prepared. It offers practical guidance on who should compile the plan, who needs to be consulted, and the matters it should cover. The information in this Practice Note concerns the law currently in force in England. The position in Wales is addressed by the Social Services and Well-being ( Wales) Act 2014 and related statutory instruments, such as the Care Planning, Placement and Case Review ( Wales) Regulations 2015, SI 2015/1818. Note that regulations 4 and 5 of the Care Planning, Placement and Case Review ( Wales) Regulations 2015, SI 2015/1818, mirror the wording of the Care Planning, Placement and Case Review (...
ARCHIVED: This Practice Note has been archived and is not maintained. The local authority ( LA) for a person’s place of ordinary residence carries out community care assessments for adults aged 18 or over. Once an LA becomes aware that someone may have needs requiring support, it has a duty to assess that individual. Introduction of care and support needs assessment easements To address pressures on care and support assessments during the coronavirus pandemic, the Coronavirus Act 2020 ( CA 2020) was enacted. Four key elements provided that: LAs were not required to carry out in-depth assessments of people’s care and support needs; LAs did not need to undertake financial assessments under the Care Act 2014 ( CA 2014); LAs were not obliged to draw up or review care and support plans under CA 2014; and LAs’ duties to meet eligible care and support needs, or carers’ needs, were...
Note: This Practice note explores how care is financed after the reforms introduced by the Care Act 2014 and the supersession of the Charging for Residential Accommodation Guide ( CRAG), which gave way to the Care and Support ( Charging and Assessment of Resources) Regulations 2014. Numerous provisions have since been repealed, with further legislation and regulation introduced to make the reforms operate as intended, including the Health and Care Act 2022. Health and Care Act 2022 Planned changes in this field, such as a cap on care costs, have faced repeated postponements; the government deferred the cap until 2025, and it remains uncertain whether the new government will pursue this policy. In parallel, the Care and Support ( Charging and Assessment of Resources) Regulations 2014 are under review. The rates for the Personal Expenditure Allowance and the Minimum Income Guarantee set out in these...
What is capital finance and why does it matter? Unlike revenue finance, where day-to-day spending must be met from current income, capital expenditure can be financed through borrowing or capital receipts, with the related costs then spread over the period during which the benefits are expected to arise. The current arrangements, commonly known as the Prudential Framework for England and Wales, are set out in Part 1 of the Local Government Act 2003 ( LGA 2003). This framework promotes investment in the capital assets local government needs to improve services, and it rests on accounting principles alongside professional judgement and self-regulation. It enables local authorities ( LAs) to raise finance for capital projects without central consent, provided they can afford to service the debt without additional government support. Between 2010 and 2022, low interest rates encouraged LAs to borrow from the Public Works Loan Board (...
National non-domestic rates ( NNDR) This Practice Note sits within a broader series on NNDR. It sets out the legislative framework for billing and recovery, explains the collection fund, and outlines transitional reliefs and exemptions operating within the system, addressing periods both before and after the pandemic. For more on other facets of the NNDR scheme, see the following Practice Notes: National non-domestic rates—valuation and appeals National non-domestic rates—business improvement district, business rate supplements and retention Liability for business rates Currently, local authorities collectively keep half of business rates income. The remainder is paid to central government, which then uses it to fund grants for local authorities. For the 2023–24 financial year, authorities project non-domestic rating income of £25.1bn—representing what they expect to collect after allowing for all reliefs, accounting adjustments and amounts retained outside the rates retention scheme. They also...
Practice Note This Practice Note introduces the national non-domestic rates ( NNDR), commonly known as business rates, that apply to non-domestic premises in England and Wales. It summarises the scheme’s background and sets out how valuations are carried out. It also describes how to review entries and, where appropriate, challenge a local list or lodge an appeal against determinations already made. Property rating has existed in one form or another since 1601. The present framework was principally created by the Local Government Finance Act 1988 ( LGFA 1988), and has since been amended......
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 gained Royal Assent on 27 October 2025. For advice on how the Act affects residential tenancies in England, consult Practice Note: Renters’ Rights Act 2025—key provisions. STOP PRESS: A revised edition of the National Planning Policy Framework ( NPPF) was issued on 12 December 2024......
ARCHIVED This Practice Note is archived and not maintained. It is designed to outline the principal changes introduced by the recast of Brussels I and to describe the transitional arrangements so you can decide whether the new provisions apply to the matter you are handling. It was produced in January 2015 and will not be updated. The links in Related Documents are to maintained documents and give the up to date position. Transitional arrangements Under art 66, Brussels I (recast) applies only where the relevant events occur on or after 10 January 2015. Those events are: legal proceedings have been commenced authentic documents have been prepared or registered court settlements have been approved or concluded Warning Art 80 states that Brussels I (recast) repeals Brussels I. However, art 66 makes clear that, despite that provision, Brussels I continues to apply to judgments in...
This Practice Note outlines the corporate criminal offence of failing to prevent bribery under section 7 of the Bribery Act 2010 ( BA 2010). It was the first economic crime offence to attach culpability to a company’s failure to stop an offence carried out on its behalf. See Practice Note: Corporate criminal liability. For background on the evolution of corporate criminal liability, see Practice Note: Corporate criminal liability reform—tracker. Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 The failing to prevent bribery offence applies only to relevant commercial organisations ( RCOs), not to individuals. BA 2010 defines RCOs as: bodies incorporated, or partnerships formed, under the law of any part of the UK, that conduct business anywhere, i.e. within the UK or abroad bodies incorporated, or partnerships formed, anywhere that carry on any business in the UK Business includes a trade or...
An agent is an individual who carries out services for, or in the name of, a commercial organisation. Using agents principally creates exposure under section 7 of the Bribery Act 2010 ( BA 2010) for a company’s failure to prevent bribery. Commercial organisations are: bodies incorporated under the law of any part of the UK that conduct business anywhere any other corporate bodies that run a business, or part of a business, in any part of the UK partnerships established in the UK that operate a business anywhere, or partnerships formed anywhere that conduct a business, or part of it, in the UK Business covers a trade or a profession. How an agent may put a commercial organisation at risk An agent is a person who provides services for, or represents, a commercial organisation. Agents are therefore treated as...
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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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