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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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ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the consequences for family law arising from the UK’s departure from the EU (commonly referred to as Brexit) and signposts resources covering both Brexit generally and family law in particular. Outlines statutory instruments affecting family proceedings Provides guidance on retained EU law, termed ‘assimilated law’ from 1 January 2024 From 31 January 2020, the UK ceased to be an EU Member State and no longer took part in the EU’s political institutions or governance structures. Nevertheless, in line with the transitional provisions in Part 4 of the Withdrawal Agreement, exit day initiated an 11‑month implementation period during which, for many purposes, the EU continued to treat the UK as a Member State. See also Practice Notes: Brexit—introduction to the Withdrawal Agreement and What does IP completion day mean for family law? [...
On 23 June 2016, the UK held a referendum on its EU membership, and a majority voted for the UK to leave the EU, a process commonly known as Brexit. On 29 March 2017, the UK government issued formal notification under Article 50 of the Treaty on European Union ( TEU) to bring the UK’s EU membership to an end. Negotiations between the UK and the EU concerning the UK’s withdrawal started in June 2017 and ultimately concluded in the Withdrawal Agreement being formally reached, an international treaty given effect in domestic law by the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020). Under the terms of that Agreement, from Exit Day (11 pm on 31 January 2020) the UK then ceased to be an EU Member State. However, in accordance with the transitional...
ARCHIVED This Practice Note is archived and is no longer maintained. The retired tracker formerly monitored key developments, legislation, guidance, parliamentary briefing notes and other Brexit-related materials relevant to local government lawyers. Organised A– Z by topic, it was designed to offer a straightforward reference point for content concerning the UK’s withdrawal from the EU. Jump to: Children’s Social Care Education Environmental Law Governance Healthcare Judicial review Licensing Public procurement Social care Social housing For the chronology of the Brexit process, see Practice Note: Brexit timeline; to monitor the progress of UK legislation introduced as part of the UK’s exit from the EU, see Practice Note: Brexit legislation tracker. The Brexit legislation tracker includes a Brexit SI database, which compiles details of draft and made statutory instruments expressly identified as ‘ EU Exit...
ARCHIVED: This Practice Note has been archived and is not maintained. At 11 pm ( GMT) on 31 December 2020, the implementation period ended, concluding the UK’s move away from the EU’s legal frameworks and bodies. From that moment—described here as ‘ IP completion day’—the UK’s legal landscape altered materially. On 24 December 2020, the European Commission and the UK government revealed an agreement in principle on the legal basis for the future UK– EU relationship. Arriving barely a week before IP completion day, the EU– UK Trade and Cooperation Agreement ( TCA), together with related accords, was finalised at the last minute, allowing scant opportunity to establish the legal and practical measures needed to render the deal fully functional. The agreement was executed on 30 December 2020 and secured approval from the UK Parliament (with accompanying implementing...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have come into effect. Any procurement launched on or after that date must follow PA 2023, whereas those started under the prior regime must continue to be run and overseen under that framework. Earlier legislation includes: 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 changes. In the meantime, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and...
Biomass fuel Biomass describes organic matter from plants or plant-derived sources used to generate heat, electricity or transport fuels, and is typically viewed as having a lower carbon footprint than fossil fuels. As a fuel for heat and power projects it can comprise, for example: waste and clean/recycled wood, such as forestry residues, landscaping arisings and wood chips (waste wood is categorised by the Wood Recyclers Association as: Grade A – pre-consumer waste wood and wood packaging (clean/untreated) Grade B – industrial waste wood (treated/non-hazardous) Grade C – municipal waste wood (treated/non-hazardous) Grade D – hazardous waste wood ) dedicated energy crops cultivated for conversion to energy, including maize, grass and...
What is biodiversity net gain? Biodiversity net gain ( BNG) is an approach designed to ensure the natural environment is left in a demonstrably improved condition following development, compared with its state beforehand. The compulsory statutory rules requiring developments to deliver net gain apply to planning permissions issued from 12 February 2024 for schemes brought forward under the Town and Country Planning Act 1990 ( TCPA 1990), save where an exemption applies. Beyond the legal duty, biodiversity gain is promoted by policy in the National Planning Policy Framework ( NPPF) and can also be mandated by local planning policy. Certain local planning authorities ( LPAs) may have embedded BNG policies within their local plans, so it is prudent to confirm this before lodging a planning application, as both legal and policy-led BNG could be engaged. The BNG Planning Practice Guidance ( PPG) was...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Competitions launched on or after that date must proceed under PA 2023, while procedures commenced pursuant to the earlier regimes—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 run and overseen in accordance with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and, accordingly, are assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Public procurement—the acquisition of goods, services and works by the public...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures begun under earlier regimes must continue to be conducted and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Distinction between selection and award criteria This Practice Note focuses on award criteria and the various...
What is the best value duty? The best value duty ( BVD) obliges a local government organisation to show that it has arrangements to secure continuous improvement in the way it exercises its functions, in other words, how it delivers its work. In practice, this typically covers how the authority manages core responsibilities such as: balancing its budget providing statutory services, including adult social care and children’s services The BVD was created by the Local Government Act 1999 ( LGA 1999). That Act remains the governing legislation, though it has been substantially amended, particularly by the Local Government and Public Involvement in Health Act 2007 ( LGPIHA 2007). Much of the detail on what BVD is and how it should be applied in practice is set out not in the LGA 1999 itself but in statutory guidance, which is issued from time to time under...
This practical guidance concerns the Procurement Act 2023 regime. From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Competitions launched on or after that date must, where relevant, follow PA 2023, while those started under the earlier framework—the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be run and administered in line with that regime. This guidance concentrates on public procurement within PA 2023. For context on the former system, see Practice Note: Introduction to public contracts procurement. For practical notes on automatic suspension under the former legislation, see Practice Note: Automatic suspension—pre- PA 2023. Automatic suspension PA 2023, which applies to the letting of public contracts above the relevant...
Which licence is required? Where a live music performance qualifies as regulated entertainment (taking into account all conditions and exemptions set out in Practice Note: Assessing whether a licence is required for licensing for live music events), it is a licensable activity and a qualifying club activity under the Licensing Act 2003 ( LA 2003). Licensable activities, including any live music performance, may only be undertaken under, and in accordance with, a premises licence (see Practice Note: Licensing of alcohol and entertainment) or by using a temporary event notice ( TEN) (see Practice Note: Temporary Event Notices ( TENs)). Likewise, a qualifying club activity may only proceed under, and in line with, a club premises certificate. Permanent approvals Premises licences and club premises certificates are granted by the local authority for the area in which the premises hosting the licensable activity is located, and they cover the...
What is the community right to bid? Introduced by sections 87–108 of the Localism Act 2011 ( LA 2011), the community right to bid allows local community groups to put forward buildings or land for inclusion on a local authority list of assets of community value. When a listed building or piece of land is proposed for sale or its ownership is to change, a moratorium on the transaction of up to six months can be triggered, creating a period in which local groups may bid to purchase the asset on the open market. Crucially, the community is not granted a right to buy the asset, nor any right of first refusal over a sale. Rather, the community’s entitlement is limited to making a bid, with the moratorium providing time to assemble and refine a proposal for the asset. The owner of the...
Practice Note This Practice Note sets out the tests for arranging residential accommodation in England and Wales under the Care Act 2014. In Wales, social care is regulated by the Social Services and Well-being ( Wales) Act 2014. When questions arise about residential provision, practitioners will commonly face one or both of: the requirement for admission to such settings, and the management of those services. The statutory framework for each is intricate. Further uncertainty stems from the fact that responsibility for residential care sits across both local authority functions and the private sector in practice......
ARCHIVED: This Practice Note is archived and not kept up to date. It summarises powers that formerly existed under the Anti-social Behaviour Act 2003 and the Housing Act 1996. Although superseded by the Anti-social Behaviour, Crime and Policing Act 2014, anti-social behaviour orders ( ASBOs) and anti-social behaviour injunctions ( ASBIs) made before March 2015 continue to be enforceable. This material is no longer maintained. For guidance on the current tools to address anti-social behaviour, consult these Practice Notes: Anti-social behaviour—powers to close premises under the Anti-social Behaviour, Crime and Policing Act 2014 Anti-social behaviour—the Civil Injunction Obtaining possession of a secure tenancy Acceptable behaviour contracts and local authorities Anti-social Behaviour Act 2003—premises This section outlines the powers that existed under the Anti-social Behaviour Act 2003 ( ABA 2003). Though replaced by newer measures, closure orders issued under these provisions and in force before October 2014 still have effect. Before the 2014...
ARCHIVED: This Practice Note is archived and is not maintained Current powers to control anti-social behaviour This Practice Note outlined the measures that existed pursuant to the Anti-social Behaviour Act 2003 and the Housing Act 1996. Although superseded by newer mechanisms in the Anti-social Behaviour, Crime and Policing Act 2014, anti-social behaviour orders ( ASBOs) and anti-social behaviour injunctions ( ASBIs) made under those regimes and already in force before March 2015 continue to be enforceable. It is no longer maintained or kept up to date. For material on the up-to-date powers to address anti-social behaviour, refer to these Practice Notes as listed below: Anti-social behaviour—powers to close premises under the Anti- Social Behaviour, Crime and Policing Act 2014 Anti-social behaviour—powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act...
ARCHIVED: This archived Practice Note outlines the data protection framework before 25 May 2018 and sets out the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background purposes only and is not maintained. Background The DPA 1998 regulates the processing of personal data in the UK. It requires those handling such data to observe eight principles and gives individuals the right to know what information is held about them. For details on the principles, see Practice Note: Data protection principles under the DPA 1998. The Information Commissioner’s Office ( ICO) oversees and enforces the DPA 1998. For more information, see the following Practice Notes: The Information Commissioner’s Office ( ICO) Sanctions and enforcement under the DPA 1998 Sections 1 and 2 of the DPA 1998 set out definitions for key terms used throughout the Act and within the...
ARCHIVED This archived Practice Note outlines the data protection regime in place before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background only and is not updated. It identifies and explains the main exemptions available under the DPA 1998. When does the DPA 1998 apply? Before invoking any exemption, you should first determine the underlying obligation it concerns and why the exemption is needed. The first step is to confirm whether the DPA 1998 applies at all and, if it does, what it requires. This depends on: the nature of the information (personal data) the operations carried out on that personal data (processing) the equipment and/or the location used for processing which party bears the duties (data...
This Archived Practice Note summarises the general baseline coronavirus ( COVID-19) rules, covering the adapted regional tiers alongside the nationwide measures that operated in England up to 19 July 2020, applying to business premises, including those authorised to sell food and drink, alcohol or provide entertainment, until all formal limits were withdrawn. Although the government advises continued caution, formal restrictions have been removed, with the caveat that they could be reinstated if public health conditions necessitate it. Measures introduced by government to limit the spread of coronavirus ( COVID-19) have altered substantially over the course of the pandemic, shifting from national lockdown to more nuanced action in areas with heightened transmission, so tracking developments can be difficult for practitioners and their clients. This Practice Note is intended to provide a reference point for the rules currently in force in England. For national...
This archived tracker recorded significant developments, legislation, guidance and briefing notes concerning the coronavirus ( COVID-19) response, concentrating on updates pertinent to local government governance up to 18 July 2021, when legal restrictions were finally lifted. This Practice Note is archived and is not maintained. For details contained in earlier archived trackers, see: Coronavirus ( COVID-19)—governance tracker Summer 2020 [ Archived] and Coronavirus ( COVID-19)—governance tracker Spring 2020 [ Archived]. Select the links below to go straight to the relevant section: Primary legislation National restrictions Local restrictions Travel restrictions Local authority governance Financial support Government guidance Other sources of information News Analysis Case Law Primary legislation Development Corporate Insolvency and Governance Act 2020 — legislation addressing companies in financial distress and adjustments to company regulation. When in force Partly in force from 26 June 2020, and fully on such day as 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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