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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 This Practice Note sets out who holds ownership of IP generated in the course of employment. It then outlines the legal position and prevailing practice for businesses when securing IP rights from employees and contractors, highlighting key considerations. It further offers practical guidance on the principal IP clauses and related provisions commonly found in employment contracts and contractor agreements, as well as practical steps. On a day-to-day basis, employees, consultants and contractors create valuable IP for organisations as part of their assigned duties and responsibilities within their roles. For example: R& D personnel may devise inventions that are capable of being protected by patent. They may also develop new formulae, recipes or algorithms, or design novel methods or processes to make operations more efficient. If these are kept confidential, significant rights can exist as know-how or trade...
This Practice Note provides a concise overview of the principal consumer laws that organisations engaging with consumers ought to know. It reviews the core rules that apply when trading with, or contracting for, consumers in the UK, together with other significant legislation that shapes the business-to-consumer relationship in areas such as advertising, data protection, e‑commerce, product liability and safety, the supply of services, and civil enforcement and consumer disputes, as well as additional measures that protect consumers. It does not address sector‑specific regimes (eg travel and transport, insurance, consumer credit, gambling, charities), product‑specific regimes (eg alcohol, tobacco, animal/food/textile products, cars, medicines, fireworks), requirements on product or packaging marking or labelling, underage sales, or environmental legislation. EU legislation is outside the scope of this Practice Note. For further detail, see Practice Note: Key EU consumer...
Statutory rights of the appeal Statutory rights of appeal are confined to decisions that refuse the grant or renewal of a licence, that attach conditions to a licence (recognising that a hackney carriage driver’s licence cannot carry conditions), or that suspend or revoke a licence. A recurring issue for licensing authorities and the taxi and private hire trades concerns the proper interpretation of section 77(2) of the Local Government ( Miscellaneous Provisions) Act 1976 ( LG( MP) A 1976): does a holder retain the privileges of the former licence where a renewal application is submitted but not decided before the previous licence expires? Despite the frequency of this scenario and the age of the statute, the point appears only to have reached the Crown Court. In Cartledge v Gedling Borough Council ( June 2021), Nottingham Crown Court (not reported by Lexis Nexis®),...
What is twin-tracking? Tactical, or ‘twin‑tracked’, planning applications involve lodging two or more applications with the local planning authority ( LPA) at the same time, or in quick succession, for the same site and for identical or closely related proposals. Developers have long used this approach to improve the likelihood of securing a prompt planning permission, especially where a scheme is complex or contentious. See Practice Note: Applying for planning permission—procedure... Rationale for twin-tracking Possible delay or refusal of first application Where the initial submission looks set to be refused or significantly delayed, applicants may file a further application to the LPA while reserving the right to appeal the first refusal or non‑determination to the Secretary of State. The prospect of an appeal—decided by an independent inspector and requiring the LPA to commit time and resources to defend its stance—is often thought to...
Introduction and background This Practice Note sets out the principal points to bear in mind when advising landowning clients and utility providers (distribution network operators ( DNOs)) on the negotiation of substation leases. It also flags matters affecting tenant occupiers where relevant. The statutory framework underpinning substation leasing is the Electricity Act 1989 ( EA 1989). Although the scope of that legislation sits beyond this Practice Note (see, instead, Practice Note: Electricity licensees: street-opening and necessary wayleaves - What are 'necessary wayleaves'?), its relevance is that it confers on DNOs a statutory entitlement to install and keep their apparatus notwithstanding any lease provisions agreed. For developers, securing an electricity supply can be administratively burdensome and protracted, with both cost and timetable influenced by what other power requests are being processed concurrently. As a result, the landowner may find themselves in a...
This Practice Note explains secondary ticketing within the online marketplace and summarises the principal legal issues and regulation that apply in the UK. It excludes the resale of tickets at physical locations outside venues or by other offline methods. It does not address non-online resale at outside venues either, of any kind. FORTHCOMING CHANGE: In November 2025, the government announced proposals for new rules that will: criminalise any resale of tickets above face value; prohibit the charging of a service fee beyond a specified cap; oblige resale platforms to monitor and enforce compliance with the price cap; forbid individuals from reselling more tickets than they were entitled to buy in the initial ticket sale. For further information, see: LNB News 20/11/2025 15. This Practice Note provides practical guidance on the law currently in force. It will nevertheless be impacted by the above...
This Practice Note examines when a failure to follow a pre-action protocol or the Practice Direction Pre- Action Conduct and Protocols may lead to a party being penalised, as well as the types of sanctions that could be imposed. For broader guidance on the potential recovery of costs incurred before proceedings, see Practice Note: Pre-action—costs recovery. Compliance with pre-action protocols The Practice Direction Pre- Action Conduct and Protocols (the Practice Direction) outlines the behaviour ordinarily expected of parties prior to commencing proceedings. Its provisions apply in every case, and are expressly stated to govern where none of the more detailed, subject-specific protocols are applicable to your claim (see Practice Direction Pre- Action Conduct and Protocols, para 2). For further detail, consult Practice Note: Pre-action behaviour in non-protocol cases— Practice Direction Pre- Action Conduct and Protocols. If your claim is caught by one of the dispute...
Under the Town and Country Planning Act 1990 ( TCPA 1990), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control refers to the following: undertaking development without obtaining the necessary planning permission—this entails that unauthorised works or a material change of use amounting to development within the meaning of TCPA 1990, s 55 have taken place, and that such development requires planning permission which has not been secured not adhering to any condition or restriction attached to a grant of planning permission—this covers any of the limitations or conditions applied to individual permitted development rights in the Town and Country Planning ( General Permitted Development) ( England) Order 2015, SI 2015/596 in England and the Town and Country Planning ( General Permitted Development) Order 1995, SI 1995/418 in Wales See Practice Note:...
Introduction Planning applications must be decided in line with the development plan, unless other material factors point otherwise. From a date still to be set, in England, applications will be determined by reference to the development plan together with any national development management policies, taken as a whole, unless material considerations strongly point to a different outcome. See Practice Notes: Determining planning applications—priority of the development plan and Determining planning applications—material considerations. Environmental matters can amount to material considerations when deciding applications, and they also inform the making of development plans. In England, the Environment Agency ( EA) may participate as a statutory consultee on specified forms of development, offering information and guidance where local planning authority ( LPA) decisions support the EA’s functions. The EA advises on proposed development in England and on matters within its remit, including: flooding waste land...
When moving into a care home, the relationship between the incoming resident and the home’s administrators should be defined by a contract between them. This is particularly crucial where the resident is self‑funded. If they are not self‑funded and rely on local authority‑funded accommodation, they will not be a contracting party, though they remain entitled to view a statement of the terms and conditions. There are two elements the practitioner should assess: whether the contract addresses all relevant matters whether any term might be considered unfair The contract After years of concern about the quality of care homes, the Care Standards Act 2000 ( CSA 2000) modernised the regulatory framework for care services and independent health care. Notably, National Minimum Standards, applicable to all care homes providing accommodation and nursing or personal care, were introduced under the CSA 2000 by the...
Types of debts to be recovered by local authorities A local authority debt recovery team manages the collection of sums owed, conducted by the in-house unit or by supervising outsourced providers, spanning numerous liabilities including the following: council tax—a household levy imposed by local authorities in Britain, determined by a property’s assessed value and the number of residents. Refer to Practice Notes: Council tax and Council Tax Enforcement non-domestic rates—also called business rates, collected by billing authorities to support local services. Refer to Practice Note: National non-domestic rates—billing recovery, exemptions and reliefs. parking fines—penalties for unauthorised parking (eg parking in disabled bays, on double yellow lines, etc), exceeding permitted time limits, or parking without a ticket sundry debts—smaller amounts linked to unpaid rents, former tenants’ arrears, funeral expenses, and overpayments of housing benefit adult social care...
This Practice Note This Practice Note outlines the statutory powers enabling local authorities to investigate and bring prosecutions for criminal offences under the Local Government Act 1972 ( LGA 1972). A local authority exists only by statute; if it operates beyond those powers, it acts ultra vires. Under LGA 1972, s 222, authorities may prosecute criminal offences identified by their own departments, including: trading standards health and safety environmental health/food safety and hygiene education housing and council tax benefit Section 222 also empowers an authority to prosecute or defend criminal proceedings where it considers it expedient ‘for the promotion or protection of the interests of the inhabitants of their area’ (the expediency test). Deciding what serves residents’ interests is a matter for the authority, not the courts. In practical, and in general terms, this confines enforcement to offences within the...
This Practice Note explores the definition of an inherent defect, identifies whether the duty to remedy rests with the landlord or the tenant, considers any obligations implied by law to address inherent defects, and explains the position where a defect causes damage. It does not address repair liabilities under the Building Safety Act 2022 ( BSA 2022). For guidance on liability under BSA 2022, see Practice Notes: Building Safety Act 2022—key provisions and issues and Building Safety Act 2022—landlord and tenant issues... Inherent defects in leasehold property Design flaws, defective installation, or the choice of unsuitable or inadequate materials during construction can create serious issues over time... In a leading authority, failed joints in the basement of an office building allowed water ingress, leaving the basement unfit for use... In another case, inadequately designed double-glazing units caused condensation and black...
This Practice Note explains which jurisdictional rules the English courts will use when deciding which court has authority to hear a dispute. Those rules derive from the Hague Convention on Choice of Court Agreements, Brussels I (recast), Brussels I, the Lugano Convention, the Brussels Convention, and from statute or the common law. In international litigation, parties may disagree about the proper forum—ie, the jurisdiction—in which their dispute should be tried. Accordingly, identifying the appropriate venue for issuing and hearing proceedings can itself become contested. It is therefore essential to appreciate that particular rules govern the allocation of jurisdiction to a court. These frameworks direct the court’s analysis when deciding jurisdiction. The UK’s exit from the EU also influences which jurisdictional rules will be applied by the courts of England and Wales when determining which courts have jurisdiction. For discussion of wider...
Overview of the Tameside duty The Tameside duty takes its title from Secretary of State for Education and Science v Tameside MBC. As Lord Diplock made clear, a decision-maker must frame the right question and take reasonable steps to equip himself with the relevant information in order to answer it correctly before acting. It is most often characterised as a duty to undertake sufficient or due inquiry. For background reading, see: ‘ Due Inquiry’: Supperstone, Goudie and Walker on Judicial Review [10.59]... This obligation is a logical development of the broader, general and long‑standing public law principle that a decision-maker must weigh every relevant consideration, and disregard those that are irrelevant, most notably exemplified by Associated Provincial Picture Houses Ltd v Wednesbury Corporation. In this regard, Lord Diplock’s statement of the test in Tameside is firmly anchored in the Wednesbury principle ( R ( Law...
For a fuller analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers comprehensive treatment of the topics addressed in this Practice Note, with in‑depth discussion of the same issues. What is the background to the Cf D regime? Contracts for Difference sit at the heart of the government’s Electricity Market Reform ( EMR) programme, introduced in 2013. EMR was devised by the UK government to encourage investment in secure capacity and affordable, low‑carbon electricity generation. The principal mechanisms enacted through the EMR reforms include: the Contracts for Difference ( Cf D) regime, the focus of this Practice Note, structured as a contract that grants owners of new build low‑carbon generation projects a long‑term, stable revenue stream in...
STOP PRESS: From 24 February 2025, the principal parts of the Procurement Act 2023 ( PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures initiated under the earlier regime (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 administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Legal regime Framework agreements are ever more common for procuring works, services and...
In certain welfare matters before the Court of Protection, a fact-finding hearing is needed to settle disputed points of fact arising in the case and to enable the proceedings to move forward fairly. When is a fact-finding hearing required? Most welfare applications in the Court of Protection ordinarily generally indeed conclude without any separate, formal fact-finding exercise. Typically, although parties may differ over the future plan said to ultimately serve the vulnerable person ( P)’s best interests, they nonetheless usually accept the key, material background facts the court must take into account. Only in a small fraction of cases exceptionally does the court actually exercise case management powers to order a fact-finding hearing to decide contested facts. The court, in practice, most often commonly directs such hearings (either standalone or folded into the final hearing) in so-called ‘safeguarding cases’ brought by local...
Practice Note A UK healthcare provider may fall under the oversight of multiple regulators and must adhere to their requirements. This Practice Note offers a concise outline of those authorities, acknowledging that the regulatory landscape is in transition: NHS England is being brought more closely within the control of the Department of Health and Social Care ( DHSC) and is to be fully integrated by 2027; the number of Integrated Care Boards will reduce from 42 separate organisations to 27 clusters; reform of the Care Quality Commission ( CQC) is under way following the recent Dash and Richardson reports. It should be remembered that healthcare across the UK is devolved to four administrations— England, Northern Ireland, Scotland and Wales—with regulatory variation between them. While there are shared foundations, material differences remain, and this summary addresses the position in England only. It focuses on...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note provides guidance for procurements that began before the Procurement Act 2023 ( PA 2023) commenced on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Under the Act’s transitional and savings provisions, the prior procurement regimes still apply, so far as is needed, enabling contracting authorities to finalise and administer procedures launched before PA 2023 took effect (ie live procurements). Read this Practice Note on that basis. For context, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical material on PA 2023 appears in the separate subtopic, Procurement Act 2023—overview, which also includes: Practice Note: Direct award— PA 2023. Using the negotiated without a notice procedure The legal bases for applying the negotiated procedure without a notice are set out in...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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