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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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A family intervention tenancy ( FIT) is a form of tenancy of a dwelling-house offered in place of an assured or secure tenancy to a renter who has been, or might have been, subject to a possession order because of anti-social behaviour. FITs only apply to lettings that commenced on or after 1 January 2009. Their use is guided by non-statutory government guidance. Criteria to use a family intervention tenancy A FIT can be offered only when behavioural support services are provided to a tenant against whom a possession order for anti-social behaviour: has been made under Ground 2 or 2A of Schedule 2 to the Housing Act 1985 ( HA 1985), or Ground 14 or 14A of Schedule 2 to the Housing Act 1988 ( HA 1988) could, in the landlord’s opinion, have been so made could have been so made if the...
Councillors need substantial information to oversee the local authority ( LA) effectively and properly. For many, at times it can be unclear which information held by an individual member is theirs to disclose, which material must be made available to the public, what ought to remain within the council’s boundaries, and what should be retained solely by the councillor. Councils and access to information Councils fall within the scope of the Freedom of Information Act 2000, as well as the particular statutory public access to information rules that apply to a council and, where relevant, its elected mayor or the leader and cabinet in relation to decisions taken. These information rules were last amended in September 2012. Further access to information requirements also arise from a council’s audit arrangements and practices. When information is withheld, this occurs under a clearly defined set of legal...
This Practice Note outlines the National Health Service’s role in overseeing the professionals it engages to deliver NHS care. It sets out how performance lists for General Practice Medicine, Dentistry and Optometry operate to ensure that suitably qualified practitioners are available to work within the NHS. It describes the mandatory process for obtaining inclusion on the performance lists as the gateway for any professional seeking to practise in the NHS. It also explains the conditions attached to inclusion on the operating list, the ongoing duties placed on those listed, and the regulatory powers to examine suspected breaches of those conditions, including the conduct of hearings, the availability of appeals and the imposition of sanctions where non-compliance is proven. Commissioning services in the NHS The NHS does not share a single structure across the UK. It is first divided by country (for example, NHS England and NHS...
This Lexis+® UK Local Government tracker sets out a log of news, consultations, legislation and developments spanning the full breadth of education, from the early years foundation stage ( EYFS) through to further and higher education... See previous archived trackers: 2023 [ Archived] 2022 [ Archived] 2021 [ Archived] 2020 [ Archived] 2019 [ Archived] 2018 [ Archived] 2017 [ Archived] 2016 [ Archived] For ease of use, the tracker is arranged under: Legislation Bills: passage through parliament Guidance, consultations and developments of interest Cases Legislation Further and Higher Education What’s happening? Student Accommodation ( Miscellaneous Provisions) ( England) Regulations 2026, SI 2026/327 When? 1 May 2026 Find out more These Regulations amend the Student...
This Practice Note is aimed at lawyers working within, or advising, Children’s Services in Welsh local authorities. It addresses only Welsh law. For the position in England, see: Local authority duties to children—overview. It is the second of three Practice Notes on Children’s social care in Wales. For child protection guidance in Wales, see Practice Note: Local authority duties to children in Wales—child protection. For a Welsh local authority’s responsibilities to looked after children, see Practice Note: Local authority duties to looked after children in Wales. For duties of local authorities in England, see the Practice Notes mentioned below. Provision of accommodation for children by a Welsh Local Authority Community care/adult social care practitioners will be well acquainted with section 20 of the Children Act 1989 ( Ch A 1989). For material on section 20, consult Practice Note: Section 20 of the Children Act...
This Practice Note outlines the public law obligations of higher education institutions ( HEIs) arising from statute and from conditions attached to institutional funding arrangements. It addresses, in particular, freedom of speech under section 43 of the Education ( No 2) Act 1986 ( E( No 2) A 1986), academic freedom, the prevent and equality duties operating within the HEI setting, as well as fair access and participation duties designed to promote and encourage admissions from under-represented applicant groups. The link between an HEI and its students is founded on private contract yet also exhibits public law features of significance. This is because, although education is supplied to individuals as a service in return for fees, HEIs fulfil a clear societal role and receive public subsidy. Legislative reforms have broadened certain public law duties and heightened tensions between protected freedoms and...
This Practice Note outlines the Gambling Commission’s regulatory remit and its investigative and enforcement powers, deployed to ensure the three licensing objectives are upheld. Gambling Commission investigations The Commission supervises the commercial gambling industry throughout Great Britain. Under section 23 of the Gambling Act 2005 ( GA 2005), it must prepare a statement setting out the principles to be applied when exercising its functions under that Act. It has published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005, which sets out its regulatory policies for undertaking compliance activities. This policy is reviewed regularly and was updated on 12 September 2023. In performing its functions, the Commission is under a duty to pursue and have regard to the licensing objectives in GA 2005, s 1: preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to...
This Practice Note sets out an overview of local authority structure and purpose. It also summarises governance models and explains the respective roles of members and officers within those arrangements. It highlights fundamental features that are often missed by newly elected members (councillors) and newly appointed officers, lawyers included. Structure and purpose of local authorities Local authorities are organisations brought into being by statute as single legal entities. They may act only as legislation authorises, whether under their establishing statute or through other enactments that extend their powers. Any action must also pursue solely the purposes Parliament intended when passing the relevant statutes. Where an authority acts outside those powers, or for a purpose not so intended—wilfully as an abuse of power, or inadvertently—it is acting ‘beyond its powers’. This is the concept of ‘ultra vires’. Any ultra vires act by a local...
Demotion A secure tenancy may be reduced to a 12-month probationary tenancy where the tenant has engaged in housing-related anti-social behaviour or has used the home for unlawful purposes. Where a demotion order is made and the tenant stays in occupation, the secure tenancy ends on the date specified and a demoted tenancy begins. Comparable powers apply to registered housing providers for assured tenants under the Housing Act 1988 ( HA 1988). Conduct ' Housing-related anti-social conduct' means behaviour that: is capable of causing nuisance or annoyance to another person; and directly or indirectly relates to, or impacts, the landlord's housing functions Such conduct includes: causing a nuisance to neighbours vandalism and graffiti noise ' Use of property for unlawful purposes' covers conduct that consists of, or involves, using or threatening to use housing accommodation for an unlawful...
What does eligibility for housing assistance mean? This Practice Note examines who qualifies for ‘housing assistance’, meaning help provided under the homelessness provisions in Part VII of the Housing Act 1996 ( HA 1996) in England and Part 2 of the Housing ( Wales) Act 2014 ( H( W) A 2014) in Wales. For details on eligibility for the allocation of housing, see Practice Note: Allocation—eligibility. Eligibility for housing assistance is tied to immigration status. The local housing authority ( LHA) is responsible for deciding if an applicant is eligible, and its decision can be challenged by the applicant through the review process—see Practice Note: Homelessness—the review and appeal procedures. England and Wales each issue their own Homelessness Code of Guidance. In the Homelessness code of guidance for local authorities ( English Code), eligibility is addressed in Chapter 7; in the Allocation of...
FORTHCOMING CHANGE The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in Wales, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note considers when an occupation contract under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) constitutes a secure contract. It addresses the definition of a community landlord and assesses when a community landlord may use a standard contract (for example, an introductory standard contract or a prohibited conduct standard contract). It should be read together with Practice Note: Renting Homes ( Wales) Act 2016—terms of secure contracts, which covers: variation of secure contracts, the withdrawal of a joint contract-holder, dealing with a secure contract by transferring it to other secure contract-holders or potential successors, and the termination of secure...
Who is the General Dental Council ( GDC) The General Dental Council ( GDC) is a corporate body established by the Dentists Act 1984 ( DA 1984). Its general function is to promote high standards of professional education, conduct and performance, with the overarching aim of protecting the public in relation to registered dentists and dental care professionals, including dental nurses. The GDC’s role is to protect, promote and maintain: the health, safety and well-being of the public public confidence in the professions they regulate professional standards and conduct for Registrants and prospective Registrants, and proper standards and conduct for business Registrants This Practice Note offers guidance on GDC fitness to practise proceedings, investigations, and applications for restoration to the Register. In this Practice Note, a ‘ Registrant’ refers to: registered dentists registered dental care...
This Practice Note is intended for solicitors employed by, or advising, Children’s Services teams within local authorities in Wales. It deals exclusively with the body of law applicable in Wales. For the law as it stands in England, regard should be had to Local authority duties to children—overview, and the Practice Notes referred to below. It constitutes the third in a series of three Practice Notes addressing children’s social care in Wales. For guidance on child protection in Wales, see Practice Note: Local authority duties to children in Wales—child protection; and for information on providing accommodation for children, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales. Duties towards looked after children In the Welsh context, looked after children ( LAC) are those subject to a care order, or those provided with accommodation pursuant to any of a local...
This Practice Note outlines the strategic statutory responsibilities placed on a local housing authority ( LHA) to evaluate and provide support to people who are homeless or at risk of homelessness. It also sets out each LHA’s duty to examine homelessness within its district, and to devise, publish and carry out a tailored strategy responding to the findings of that review. It addresses homelessness prevention, the guidance that applicants ought to receive, and the enquiries that should be undertaken where an LHA suspects an applicant could be or become homeless. Homelessness—legislation and guidance The statutory frameworks governing an LHA’s obligations to assess and assist homeless persons (and those threatened with homelessness) are contained in Part VII of the Housing Act 1996 ( HA 1996) (as amended by the Homelessness Reduction Act 2017 ( HRA 2017)) for England, and in Part 2 of the Housing ( Wales) Act 2014 ( H(...
Scope This Practice Note offers guidance on General Medical Council ( GMC) fitness to practise ( Ft P) investigations, as well as on applications for restoration to the Register. It should be read alongside the Practice Notes: Common principles in fitness to practise proceedings and Criminal proceedings and convictions in healthcare regulatory proceedings. The GMC regulates all registered doctors throughout the UK. The term ‘ Registrant’ refers to the regulated professional who is the subject of fitness to practise proceedings in question. For further reading concerning other fitness to practise regimes, see also the following Practice Notes: General Dental Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council...
Legal status of local authorities At first glance, councillors chosen to lead a local authority might appear free to act on their mandate, with the authority’s staff making operational choices to deliver elected members’ programmes. That picture is, however, too neat. Despite the emphasis on the so‑called general power of competence, members still face limits on their actions, and the senior officers and wider workforce who administer the authority are subject to even tighter constraints. A local authority is a statutory corporation, brought into being by Parliament as a single legal person. As affirmed in Hazell v Hammersmith and Fulham, a council, though democratically elected and representative of its locality, is not sovereign and may only act where Parliament has expressly or by implication permitted it. Numerous statutory provisions exist: a few set the overall architecture, but most require the authority to...
This Practice Note outlines the situations in which the various types of club (members’, commercial and miners’ welfare clubs) may provide gaming and gaming machines without a permit. It describes the limits of these exemptions, when a permit is needed by a club, how to apply, and how decisions are reached. It also sets out when alcohol licensed premises may provide gaming and gaming machines by relying on the alcohol licence where certain conditions are met and appropriate notice is given, when exemptions can be removed, and how determinations can be challenged. It looks at rules on bingo in pubs and clubs and when a travelling fair can provide gaming without specific authorisation. Clubs There are distinct provisions controlling gaming and gaming machines supplied by clubs, alcohol licensed premises and travelling fairs, in addition to the framework that permits gambling facilities under operating and...
Practice Note This Practice Note sets out a local authority’s obligation to secure accommodation for children under section 20 of the Children Act 1989 ( Ch A 1989) and describes voluntary accommodation under Ch A 1989, s 20, highlighting the practical difficulties an authority may encounter, such as arranging suitable delegation of parental authority and questions regarding parental capacity. Please note this Practice Note concerns the law currently applicable in England. In Wales, the position is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments; for further material, see Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales, and Local authority duties to children in Wales—child protection. Under section 20 of the Children Act 1989— Ch A 1989, s 20—every local authority is under a duty to...
This Practice Note outlines the general power of competence ( GPC) granted to local authorities by the Localism Act 2011 ( LA 2011). It sets out the character and reach of the power, the charging and trading arrangements it enables, and the limits on its exercise. For fuller guidance on sound decision-making, see Practice Note: Key considerations in local authority decision making. Local authority is a creature of statute As Lord Templeman observed in Hazell v Hammersmith and Fulham LBC, a local authority, despite being democratically chosen and representative, is not sovereign and may act only where Parliament has expressly or impliedly authorised it. Accordingly, every council requires statutory footing for each act. Historically, this proved a frustrating brake when councils sought to deliver functions and services tailored to local context, owing to the lack (or perceived lack) of appropriate vires to support such...
Internal complaints All higher education providers are required to operate a complaints process that students, dissatisfied with a provider’s actions or failures to act, can use. This core element of sound corporate governance is embedded within standards set by: the Higher Education Code of Corporate Governance the Quality Assurance Agency ( QAA) in the UK Quality Code the initial and ongoing registration requirements of the Office for Students ( Of S) What is the UK Quality Code? The UK Quality Code is a sector-devised framework for safeguarding quality in higher education delivery, and it underpins the quality assurance and assessment work expected of, or carried out by, various bodies concerned with higher education, including: the Higher Education Funding Council for England ( HEFCE), replaced by UK Research and Innovation and Of S from August 2019 UK Research and...
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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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