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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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NOTE With effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) have been retitled the Civil National Business Centre ( CNBC)—see: LNB News 14/08/2023 12— CCMCC issues name and performance update. This Practice Note explains how to seek a charging order under CPR 73 and CPR PD 73. It outlines the application steps, namely: which form to use, how to complete it, and where to submit your completed application form It also provides guidance on interpreting and applying the relevant CPR provisions. Depending on the court dealing with your matter, further requirements may apply—see Court specific guidance below. This Practice Note is relevant whether your charging order application is made via the Civil National Business Centre ( CNBC) or in a non- CNBC case. Be aware that special provisions apply to charging orders over...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note addresses public procurement exercises launched before the Procurement Act 2023 ( PA 2023) took effect on 24 February 2025. Any in-scope procedure started on or after that date is subject to PA 2023. Through the Act’s transitional and savings provisions, the prior public procurement regimes continue, so far as required, to enable contracting authorities to finalise and manage procurements commenced before PA 2023 commenced (ie procurements already under way). This Practice Note should be considered against that backdrop. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical guidance on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview. Implications of changes during the public procurement procedure This Practice Note sets out when a contracting authority may adjust its award criteria during a...
Third party debt order ( TPDO) This Practice Note sets out the nature of a third party debt order ( TPDO)—formerly termed a garnishee order—as a method for enforcing a judgment debt, with reference to CPR 72. Such an order compels a third party indebted to the judgment debtor to pay those funds to the judgment creditor instead. It examines when the court may make a TPDO, where appropriate, what such orders can cover, their scope, and their practical effect in practice. For procedural guidance, consult Practice Note: How to apply for a third party debt order ( TPDO). Historically, TPDOs, then known as ‘garnishee’ orders, have formed part of the court’s enforcement toolkit since the nineteenth century under successive procedural codes over time. While the terminology and provisions in CPR 72 are comparatively modern, many of the underlying principles are...
Hackney carriages and private hire vehicles A ‘hackney carriage’ means a vehicle authorised to ‘ply for hire’, namely to offer a taxi service and stand on taxi ranks awaiting passengers. See the Practice Note: Taxi licensing. Plying for hire without a hackney carriage licence is an offence under section 45 of the Town Police Clauses Act 1847 ( TPCA 1847). Touting for car hire services constitutes an offence by virtue of section 167 of the Criminal Justice and Public Order Act 1994 ( CJPOA 1994). See Practice Notes: Taxi touting or soliciting for hire, and Taxi and private hire vehicles enforcement. A ‘private hire vehicle’ is defined at section 80 of the Local Government ( Miscellaneous Provisions) Act 1976 ( LG( MP) A 1976) as ‘a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public...
A judgment creditor can ask the court for a charging order to secure what is owed, provided the judgment debtor holds chargeable assets ( CPR 73). Once a charging order is in place, the creditor may then seek an order for sale from the court, with a view to realising and recovering the amount due under the judgment. This Practice Note highlights key points to weigh up when deciding whether this enforcement route is appropriate, or whether it would be better not to pursue it. For broader guidance on charging orders, including what they are and the procedural steps required to obtain them, see the following Practice Notes: Charging orders—what are they and when to use them— CPR 73 Charging orders—how and where to apply Charging...
This Practice Note outlines highway nuisance law, and records that section 333 of the Highways Act 1980 ( Hi A 1980) expressly preserves common law. It considers when activities on or over the road may constitute a nuisance, with reference to statute and the common law, including: builders’ works, scaffolding and skips; racing and unsuitable traffic; stationary traffic; and bridges and beams spanning the highway. It also surveys likely nuisances arising from neighbouring land, such as: domestic or farm animals; pigeons; smoke and fumes; and trees. Common law and statute law Regarding highways, nuisance at common law substantially overlaps with statutory provisions (principally within the Hi A 1980), yet Hi A 1980, s 333 specifically preserves the common law. Pratt and Mackenzie’s Law of Highways (21st edition, 1967) describes a highway nuisance as any wrongful act or omission on or near a...
This Practice Note explains the circumstances and methods by which parties may seek to limit or exclude liability for misrepresentation, by invoking section 3 of the Misrepresentation Act 1967 ( MA 1967) together with the section 11 reasonableness test under the Unfair Contract Terms Act 1977 ( UCTA 1977). Note: from 1 October 2015, UCTA 1977 applies only to business-to-business contracts; for consumer contracts, see sections 61–76 of the Consumer Rights Act 2015 ( CRA 2015). For guidance on rescission and damages arising from misrepresentation, see: Misrepresentation—damages as a remedy Misrepresentation—rescission as a remedy For related matters, including: Entire agreement clauses and their role in limiting or excluding liability for misrepresentation—see Practice Note: Contract interpretation—entire agreement clauses Non-reliance clauses used to exclude or limit liability for misrepresentation and the notion of ‘contractual estoppel’—see Practice Note: Contractual...
Under section 23 of the Local Government Act 1974 ( LGA 1974), the office of the Local Government and Social Care Ombudsman ( LGO) is established to look into complaints about maladministration and/or service failings involving the following bodies: any local authority, covering its members, officers, and any committee or subcommittee (but not town or parish councils) combined authorities, or a joint board where all constituent bodies are local authorities a development corporation constituted for the purposes of a news town, or an urban development corporation fire and rescue commissioners school admission appeal panels police and crime commissioners a national park authority See Practice Note: Local Government and Social Care Ombudsman. What is Maladministration? Section 26 of the LGA 1974 sets out what the LGO may investigate, but Maladministration itself is not defined in the statute......
Licensing IP rights—introduction Preparing IP licences often throws up intricate commercial and legal considerations, typically demanding extensive bargaining. This Practice Note highlights the principal, practical matters to weigh up before you draft and while you negotiate an IP licence, seen from both licensor and licensee viewpoints. At its core, an IP licence is the licensor’s consent allowing the licensee to use IP that it would otherwise be barred from exploiting. Owners may exploit and commercialise IP as either a carrot or a stick. Parties might agree terms for a mutually advantageous licence to create new offerings or reach fresh markets. Equally, an owner may take a defensive stance, pressing for settlement licences and recovering settlement payments from those already using its IP without permission. Accordingly, the initial position and broader commercial context will heavily influence both the negotiations and the eventual licence terms......
This Practice Note outlines what know-how is and identifies the various methods by which it can be safeguarded, before offering guidance on matters connected to licensing know-how, including licensing within a broader research and development ( R& D) arrangement. It covers why know-how is licensed, the principal clauses of a know-how licence, IP considerations in R& D agreements and issues around co-ownership of IP rights. What is know-how? ‘ Know-how’ denotes technical or practical knowledge gained through research or experience and typically concerns how something is carried out. This technical or practical insight may be documented in any format—or retained solely in the mind of an inventor or key employee—and may include operating manuals, drawings, blueprints and other technical material. As it is not always recorded in writing, it can be hard to define. However, Article 1 of Assimilated Regulation ( EU) 316/2014, the...
Background— EU law in the UK Pre-exit day The European Communities Act 1972 ( ECA 1972) was enacted to implement the United Kingdom’s obligations, as a Member State, under the relevant EU treaties and to ensure adherence to EU law. Under ECA 1972, s 2(1), certain EU rights and obligations intended to have direct effect applied in the UK without the need for additional domestic legislation. This encompassed rights under the EU Treaties and EU regulations setting out detailed legal rules. Other forms of EU law took effect via UK regulations made under ECA 1972, s 2(2), or, in some circumstances, through separate Acts of Parliament. This pathway covered EU directives, which stipulate overarching aims or frameworks while leaving each Member State to make its own provision to secure the required legal outcome. In its operation within Member States, EU law is...
Scope of bias and pre-determination in planning cases Bias and pre-determination can surface in planning matters when the decision-maker — including a local planning authority ( LPA), a planning inspector or the Secretary of State — determines an application or an appeal. Bias arises where a planning officer, councillor, inspector or the Secretary of State (the decision-maker) displays partiality, whether against or in favour of an individual, company, group, or a particular proposal. Pre-determination occurs when the decision-maker comes to the issue with a closed mind. Planning decision-makers owe a duty to act fairly. Evidently, where a decision-maker is biased or has pre-determined the outcome, they have not acted fairly. Any such decision is made in bad faith and is susceptible to being quashed if challenged by judicial or statutory review. See Practice Notes: Determining planning...
A new protocol, the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol) A fresh protocol—'the disclosure of information between family and criminal agencies and jurisdictions' (the 2024 protocol)—was published in February 2024, superseding the October 2013 protocol and good practice model (disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings). From 1 March 2024, it governs the sharing of information and material between criminal and family agencies and jurisdictions. It covers all private and public family law proceedings, including contemplated public law cases, and all material in police possession. A working group comprising the judiciary, local authorities, police and the Crown Prosecution Service will review it in 2025. This Practice Note outlines the general approach to public children care proceedings where criminal proceedings are concurrent or imminent, addressing the Family...
When collaborators join forces on creative projects or research and development, knotty questions arise about who owns any resulting IP. Joint ownership can appear a straightforward and equitable answer where efforts were shared and the contributions cannot be disentangled. Yet, without careful thought about how jointly created IP will be owned, organised and exploited, parties may face legal traps, practical hurdles and limits on full commercialisation. In the great majority of cases, it is preferable to put in place an express agreement on joint ownership of IP rather than depend on the default legal position... This Practice Note provides an overview of the law on joint ownership of IP (also known as co-ownership, used interchangeably in this note): Implied joint ownership—basic principles Implied joint ownership—risks and obstacles Joint ownership agreements—key considerations Alternatives to joint ownership of IP ...
Power offtake arrangements In project-financed power generation schemes, a central document is the power offtake agreement. Commonly termed a ‘power purchase agreement’ or PPA, it is usually a contract between the generator and a licensed electricity supplier acting as offtaker for the plant’s entire output. PPAs of this sort are typically on the supplier’s standard terms, which most funders recognise. For our key resources on PPAs, see: Power purchase agreements and routes to market—overview. These agreements tend to favour the offtaker and securing substantial revisions is generally challenging. An alternative offtake model arises where the generator links directly to one or more local consumers via a ‘private wire’, with those customers purchasing electricity straight from the power station. In broad terms, ‘private wires’ refers to electricity distribution systems not owned or operated by a distribution network operator ( DNO) licensed under section 6 of the...
Expert evidence in public law children proceedings This Practice Note addresses the use of expert evidence in public law children cases, including those concerning care and adoption. It outlines the key statutory framework and clarifies what constitutes an expert. It also explores when expert input is required, the process for seeking permission, instructing experts, and the arrangements for paying an expert’s fees. For wider practical guidance on evidence in such proceedings, see Practice Note: Evidence in public children proceedings... At common law, witnesses are to testify to facts rather than offer opinions, unless they are suitably qualified to give expert evidence and thus provide an opinion on a pertinent issue. The court must confine expert material to that which, in its judgment, is necessary to help it resolve the case justly... This area is governed by: section 13 of the Children and Families Act 2014 ( CFA...
This Practice Note considers how the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962, affect both landlords and tenants of non-domestic private rented property, and sets out the enforcement and compliance powers of the local weights and measures authority. It also outlines the level of financial and publication penalties, the issuing of compliance notices, and a landlord’s rights to seek review and appeal. It forms part of our series of Practice Notes on MEES... MEES Regs 2015, SI 2015/962, reg 27 states that a landlord must not let a substandard non-domestic private rented ( NDPR) property—one with an energy performance certificate ( EPC) rating of ‘ F’ or ‘ G’—unless: ‘relevant energy efficiency improvements’ are carried out ( MEES Regs 2015, SI 2015/962, reg 29), or one of the...
For comprehensive 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 in-depth discussion of matters addressed in this Practice Note. What are the general electricity licensing requirements? Section 4 of the Electricity Act 1989 ( EA 1989) obliges parties carrying out certain activities in the electricity sector to hold a licence, with further particulars set out in the sections below. EA 1989, s 4(2) states that undertaking licensable activities without being authorised by a licence is an offence. Under EA 1989, s 4(2), a person convicted of such an offence is liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine. The Office of Gas and...
This Practice Note outlines how the Care Quality Commission ( CQC) applies its powers and approach to sanctions and enforcement. What is the CQC? The CQC is a non-departmental statutory body, sponsored by the Department of Health and Social Care. It regulates health and social care services in England and safeguards the interests of people whose rights are restricted under the Mental Health Act 1983 ( Me HA 1983). See Practice Note: Care Quality Commission ( CQC). The relevant legal framework for enforcement The CQC’s enforcement powers are derived from: the Health and Social Care Act 2008 ( HSCA 2008) the Health and Social Care Act 2008 ( Regulated Activities) Regulations 2014, SI 2014/2936 the Care Quality Commission ( Registration) Regulations 2009, SI 2009/3112 the Legislative and Regulatory Reform Act 2006 ( LRRA 2006) and the Regulators’ Code For registered services,...
Planning responsibilities across the Greater London area are discharged by the following: the Mayor of London (the Mayor) the 32 London Boroughs the City of London Corporation two Mayoral Development Corporations for specific areas The government has issued guidance on the legislation and scrutiny of Mayoral Development Corporations operating within combined authorities and within combined county authorities. Powers under the Greater London Authority Act 1999 The Greater London Authority Act 1999 ( GLAA 1999) established a Greater London Assembly for the Greater London Area, with the objective of promoting economic and social development in Greater London and improving the environment across the area. The GLAA 1999 further provides for a directly elected Mayor, empowered to undertake any of the authority’s important functions on its behalf, and who holds responsibility for strategic governance in London. The planning functions are set out in GLAA 1999, Pt VIII, as well as 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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