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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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FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures begun under 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 administered under those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law As EU-derived domestic legislation, PCR 2015 constitute 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. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 supersedes PPN 10/23 with updated guidance on evaluating suppliers’ payment...
Claim for asylum A claim for asylum is an application made by someone outside their state of nationality or usual residence who contends that being forced back would constitute refoulement, ie it would violate the UK's duties under the 1951 Refugee Convention by returning them to a place where they face a genuine risk of persecution. Asylum claims frequently overlap with requests for humanitarian protection. An asylum claim also encompasses a claim under Article 3 of the European Convention on Human Rights ( ECHR) where the applicant asserts that, if removed to their country of origin, they would be tortured or exposed to inhuman or degrading treatment or punishment. See Practice Note: Dealing with a human rights challenge. From 6 April 2015, the right to bring an in-country appeal against refusal of an asylum claim arises under section 82(1)(a) of the...
Sentencing The Sentencing Council has issued offence‑specific sentencing guidelines (the Guidelines) for application in magistrates’ courts and Crown Courts in England and Wales covering unauthorised or harmful waste deposit, treatment or disposal, and unlawful releases to air, water and land, contrary to section 33 of the Environmental Protection Act 1990 ( EPA 1990) and regulations 12 and 38(1)–(3) of the Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016). They also note the now‑revoked Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675, which were superseded by EPR 2016. The Guidelines have effect from 1 July 2014, irrespective of the date of the offence. They do not apply in Scotland or Northern Ireland, though sentencers in those jurisdictions may consult them when determining sentence. For guidance on the investigation, prosecution and sentencing of...
ARCHIVED: This Practice Note is archived and no longer maintained. It offers contextual guidance on the main types and doctrines of EU law and legislation, and considers how Brexit affects EU-derived law and legislation in the UK, as background reading. For more detail on this topic, see the Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For broader Brexit materials, see: Brexit collection. This Practice Note is not maintained. Effect of Brexit on EU law in the UK The UK ended its EU membership at 11 pm on 31 January 2020 (exit day). From that moment, directly applicable EU law no longer applied to the UK under the EU Treaties, and the UK was no longer bound by duties under those treaties, which oblige Member States to ensure their domestic legislation complies with obligations set out in EU laws. EU law itself, and its...
ARCHIVED: This Practice Note has been archived and is not maintained. As with any employer, those who own or run licensed venues must have regard to, and apply, workplace health and safety law. Inevitably, venues offering alcohol sales or supply, regulated entertainment, and hot food or drink can give rise to health and safety risks because of the character of these activities. Such risks stem both from operational matters—for example moving and storing heavy casks, handling glassware and hot crockery, high sound levels, and densely packed areas—and from possible customer intoxication, which may heighten the chance of incidents. A broad suite of health and safety legislation already applies, assisting local authorities in reviewing these issues for licensed premises. This Practice Note aims to outline the principal legislative and policy factors. A licensing authority should consider health and safety issues when granting a...
This Practice Note outlines the Temporary Event Notice ( TEN) mechanism permitted under the Licensing Act 2003 ( LA 2003), allowing an applicant to stage a limited number of events in a calendar year that would otherwise need a premises licence. It summarises the restrictions on frequency of grant dependent on whether the applicant also holds a personal licence, and the standard and late application processes. It also identifies who may object to a notice, together with the factors a licensing authority might consider before issuing a counter notice. What is a Temporary Event Notice ( TEN)? Reflecting the progressive deregulation of the licensing regime, LA 2003 does not require express permission to carry out a licensable activity on a temporary basis. Instead, an applicant must give notice of their intention to operate a licensable activity temporarily to the relevant licensing authority ( LA 2003, s 99). That...
Shared Ownership ( SO) Shared Ownership ( SO) is a government-backed route intended to widen access to home ownership, predominantly for leasehold properties. Purchasers begin by buying a stake in their home and paying rent on the remaining share. They can then acquire additional slices of equity over time through staircasing, ultimately reaching full ownership at final staircasing. Although often called ‘part rent part buy’, a more accurate description is that the SO buyer holds an equity interest while renting under a lease. Across England, excluding Greater London, SO is delivered via Homes England ( HE) funding programmes: for SO homes delivered 2016–21, under the Shared Ownership and Affordable Homes Programme 2016–21 ( SOAHP 2016–21) since 1 April 2021, under the Affordable Homes Programme 2021–26 ( AHP 2021–26) The rules and requirements governing SO are set out in Chapter 1 of HE’s Capital...
ARCHIVED: This Practice Note is archived and is not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland—raising a claim. In Scotland, any application for judicial review must be made, in the prescribed form, to the Court of Session. The Courts Reform ( Scotland) Act 2014 ( CR( S) A 2014) ushered in an entirely new procedure for judicial review proceedings in Scotland. Sections 27A–27D of the Court of Session Act 1988 ( CSA 1988) introduced new time limits and a requirement to obtain the Court’s permission before applying. Chapter 58 of the Court of Session Rules was fully rewritten in 2015, reforming all applications to the court’s supervisory jurisdiction in Scotland, which must proceed by petition for judicial review. The key procedural stages and the corresponding Court of Session Rules are as follows: Petition — Rules...
The Education Act 1996 ( EA 1996) creates criminal liability for a parent who does not ensure his child receives regular education. All offences under the EA 1996 are summary only, so they can be dealt with solely in the magistrates' court. Procedure Under the EA 1996 Only a local education authority may commence criminal proceedings under the EA 1996; no other prosecuting body is permitted to do so. Before starting a case, the authority must first consider whether it would be appropriate, instead of or as well as prosecuting, to seek an ' Education Supervision Order' ( ESO) from the court. Elements of the offence of failing to comply with school attendance order The prosecution must establish that: a parent has failed to comply with the requirements of a school attendance centre...
This Practice Note outlines the legal framework for taxi licensing. It focuses on the rules for ‘hackney carriages’ and ‘private hire vehicles’ ( PHVs), which are typically booked in their entirety, that is, not on split fares per passenger. It does not address vehicles hired on separate fares. Licensing authority The licensing body for both hackney carriages and PHVs is the district council; where no district council exists, responsibility falls to a metropolitan council or unitary authority, and in Wales to a county council or county borough council. Section 15 of the Transport Act 1985 extended hackney carriage licensing across England and Wales (outside London), while section 76 of the Public Health Act 1925 brought railway land within the regime. PHVs may only be licensed after an area has adopted Part II of the Local Government ( Miscellaneous Provisions) Act 1976, and only where hackney carriage...
The Freedom of Information Act 2000 ( FIA 2000) The Freedom of Information Act 2000 ( FIA 2000) provides a right to access information held by public authorities. Under this right, any individual making a valid request to a public authority is entitled: to receive written confirmation from the authority as to whether it holds the information sought and, if so, to have that information communicated to them Consequently, public authorities are obliged to confirm or deny in writing whether they hold the requested material and, where they do, to provide it to the applicant. Who is caught by the regime The regime applies to ‘public authorities’, a term defined in FIA 2000 to include any body, any other person, or the holder of any office that is: listed in FIA 2000, Sch 1 designated as such by an order of the...
FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that date must proceed under PA 2023, while those initiated under earlier legislation must continue to be delivered and administered in line with that regime: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023. 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. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 replaces PPN 10/23 with updated guidance on how to...
ARCHIVED: This Practice Note is archived and is not maintained Brexit impact—public procurement The UK public procurement framework arises from EU public procurement legislation, and is consequently affected by the UK’s departure from the EU. For overarching updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For additional reading on Brexit’s effect on public procurement, see Practice Note: Brexit—the implications for public procurement [ Archived]. Status of grants in public procurement law Public Contracts Regulations 2015 The Public Contracts Directive, which establishes the European Union’s public procurement rules, is implemented in the UK (for England, Wales and Northern Ireland) through the Public Contracts Regulations 2015 ( PCR 2015). PCR 2015 apply where one party to an arrangement is a ‘contracting authority’ as defined in regulation 2(1). In addition, the arrangement must fall within the scope of PCR 2015—subject to the exemptions in...
STOP PRESS: From 24 February 2025, the core elements of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after this date must proceed under PA 2023, while procurements initiated under 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 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 rules and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and construction of assimilated law, see Practice Note: Assimilated law. Public procurement in the UK Public procurement concerns public bodies buying goods, works or...
What is district heating ( DH)? District heating—often called heat networks—supplies hot water or steam via a distribution of pipes to multiple homes, workplaces, or mixed‑use buildings for space heating and domestic hot water. Compared with generating heat within each dwelling through gas boilers or electric systems, this shared approach can deliver greater efficiency, reduced costs, improved security of supply, and lower carbon intensity. For further details on the changing contractual and regulatory frameworks for DH in England and Wales, see the Practice Notes on the evolving contractual regime and the evolving regulatory regime for district heating networks. Description of DH system A typical DH arrangement comprises four core elements: energy centre / heat source heat network heat interface unit heat user The energy centre is where heat is produced. Sources may include surplus heat from power generation or industrial activity, or dedicated plant such as combined heat and power units and...
ARCHIVED This Practice Note is archived and is no longer maintained. The UK freedom of information framework is governed by these principal instruments: Freedom of Information Act 2000 ( FIA 2000) Freedom of Information and Data Protection ( Appropriate Limit and Fees) Regulations 2004, SI 2004/3244 The Information Commissioner’s Office ( ICO) oversees the use of, and access to, information. It publishes guidance to support public authorities in applying FIA 2000. That guidance defines the scope of FIA 2000, sets out the duties imposed on public authorities, and clarifies the rights of members of the public when making information requests. The Freedom of Information Code of Practice provides direction to authorities on meeting their responsibilities under FIA 2000. Although the code is not itself binding, failing to adhere to it is likely to give rise to a related breach under FIA...
STOP PRESS: As at 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements commenced on or after this date must proceed in accordance with PA 2023, while those started under 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 conducted under that legislation. 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 status and interpretation of assimilated law, see Practice Note: Assimilated law. STOP PRESS: The Procurement Act 2023 comes into force on 28 October 2024. For further...
This Practice Note explores agreements made under sections 38 and 278 of the Highways Act 1980, assessing the duties they create and, in particular, the contractor’s stance in respect of them. Providing new roads and footpaths (together called ‘highways’ in this Practice Note) is a routine element of many schemes. Equally, numerous schemes call for alterations or upgrades to existing roads and footpaths. In some instances, a planning permission may even stipulate that fresh highways are constructed or that modifications to current highways infrastructure are delivered. See Practice Note: Planning conditions—key points. Ordinarily, the developer envisages that, once those works are finished, the new and/or modified highways will be taken over and maintained by the local highway authority ( LHA). Consequently, agreements under the Highways Act 1980—particularly, here, Highways Act 1980, ss 38 and 278—are frequently concluded between the LHA and the...
Under the Human Rights Act 1998 ( HRA 1998), all public authorities in the UK are required to act consistently with the European Convention on Human Rights ( ECHR), namely the ‘ Convention rights’. For further reading, see Practice Note: Convention rights. If this obligation is breached, the HRA 1998 allows any victim to bring proceedings against the public authority at fault ( HRA 1998, s 7(1)(a)). Additionally, a victim may rely on their Convention rights in any legal proceedings ( HRA 1998, s 7(1)(b)). Background—the relationship between the ECHR and the HRA 1998 The ECHR (the ‘ Convention’, as set out in HRA 1998, Sch 1 Pt 1) is an international treaty concluded by the member states of the Council of Europe. Under Article 1, each contracting state must secure the Convention rights for everyone within its jurisdiction. The Convention also...
The Fluorinated Greenhouse Gases Regulations 2015 ( F-gas Regulations 2015), SI 2015/310 Superseding and revoking the Fluorinated Greenhouse Gases Regulations 2009, SI 2009/261, the Fluorinated Greenhouse Gases Regulations 2015, SI 2015/310, give effect to Regulation ( EU) No 517/2014 on fluorinated greenhouse gases, which replaced and repealed the original instrument, Regulation ( EC) No 842/2006. Within Great Britain, assimilated Regulation ( EU) No 517/2014 (the GB F-gas Regulation) now applies as assimilated law. Across the EU, Regulation ( EU) 2024/573 repeals and replaces Regulation ( EU) No 517/2014 and took effect on 11 March 2024. Assimilated law is the term used for retained EU law ( REUL) that remains in force after the close of 2023. Re-badging REUL (and related concepts) as assimilated law indicates a change in its status and handling in UK law, such that it is generally...
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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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