Featured documents
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:
Most recent Practice notes
Responsibility for flood management and drainage in England and Wales has evolved through a tangled past. In 1927, a Royal Commission on land drainage observed that arterial drainage was overseen by a bewildering patchwork of authorities created by five centuries of piecemeal law, with liabilities governed by no consistent scheme and often out of date or unclear. That inheritance persists, though reforms over the last 25 years have helped to rationalise the regime. Historically, individual landowners held primary duties, and some still apply; see Practice Note: Flood management and drainage—landowner rights and responsibilities. Today, public bodies play leading roles in protecting communities from flooding. Key legislation The responsibilities of public bodies for flood management and drainage in England and Wales are outlined in separate Practice Notes: Flooding— UK policy and legislative framework Land Drainage Act...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the prior framework—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 and administered in accordance with 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 comprise 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. Brexit impact—public procurement The UK public procurement framework stems from EU procurement rules and was thus...
This Practice Note explores whether permission is needed to obtain a writ or warrant, how long such writs and warrants stay valid, and the ranking of issued writs and warrants. For guidance on specific writs and warrants, see Practice Notes: How to obtain a writ of control How to obtain a warrant of control How to obtain a writ of delivery How to obtain a warrant of delivery Writs of sequestration to enforce a judgment or order Enforcing a judgment or order for possession of land Do I need the court's permission to issue a writ or warrant? In general, you only require the court’s permission to issue a writ or warrant if one of the CPR 83.2(3) criteria is met, namely: six years or more have passed since the date of the judgment or order—for a summary of the...
This Practice Note offers guidance on how to interpret and apply the relevant provisions of the CPR. Depending on the court in which your case is proceeding, you should also be alert to any additional provisions—see further: Court specific guidance below. What is a writ of control? A writ of control is a High Court document directing a High Court Enforcement Officer ( HCEO) to use the Taking Control of Goods ( TCG) procedure. It authorises the HCEO to take control of a judgment debtor’s goods, sell them, and apply the sale proceeds towards any outstanding sum due under a money judgment. The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) is the primary legislation introducing the TCG regime—for guidance, see Practice Note: Finding your way through the Taking Control of Goods legislation. Writs of control are the modern counterpart to the former writs of fieri...
Key legislation, licences and guidance Source Details Legislation The Feed-in Tariff ( Fi T) scheme is principally founded on the Feed-in Tariffs Order 2012 ( Fi T 2012), SI 2012/2782, which has been updated by: Feed-in Tariffs and Contracts for Difference ( Amendment) ( EU Exit) Regulations 2018, SI 2018/1092 Feed-in Tariffs ( Closure, etc) Order 2018, SI 2018/1380 Feed-in Tariffs ( Amendment) ( Coronavirus) Order 2020, SI 2020/375 Feed-in Tariffs ( Amendment) ( Coronavirus) ( No 2) Order 2020, SI 2020/957 Feed-in Tariffs ( Amendment) Order 2023, SI 2023/127 Fi T 2012 was made under the Energy Act 2008 ( En A 2008). Licence provisions Beyond the legislation, the operation of the Fi T scheme is set out in the Standard Conditions of Electricity Supply Licences ( SLCs), Conditions 33 and 34. Guidance Ofgem publishes the core guidance for the Fi T scheme, notably: Feed-in...
ARCHIVED: This Practice Note is archived and not maintained. It considers the Public Bodies Act 2011 ( PBA 2011) and the contractual effects that should be assessed where a public body or business is impacted by it. Background On 14 October 2010, Francis Maude, the Minister for the Cabinet Office, set out in a written ministerial statement that the arrangements for public bodies required radical reform to enhance transparency and accountability, eliminate duplicated activity, and bring to an end work that is no longer necessary. In response, the PBA 2011 received Royal Assent on 14 December 2011. The Act is intended to enable the government to simplify the landscape of public bodies by, among other measures, abolishing so‑called quangos (ie quasi‑autonomous non‑governmental organisations). Quangos include non‑departmental public bodies ( NDPBs), a term commonly used by the government......
Boilerplate provisions in public sector contracts This Practice Note examines freedom of information clauses in public sector contracts. For further detail on what contracting authorities and other interested parties should be aware of when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements commenced on or after that date must proceed under PA 2023. Earlier procurements remain governed by the existing public procurement framework, including: Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs) Utilities...
Stop Press : On 24 February 2025, the core provisions of the Public Procurement Act 2023 ( PA 2023) take effect. We are currently reviewing, auditing and refreshing our materials accordingly. Please note that any procurement launched on or after 24 February must proceed under PA 2023, whereas procurements 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 conducted and overseen in accordance with that legislation. For background reading, see Practice Note: Public procurement law—reform [ Archived]. Securing value is a central concern in public procurement, since public services are ultimately financed by the taxpayer. The law therefore imposes specific obligations on public authorities that outsource services, so that they achieve the best possible value. The...
What is a s 257 order? Section 257 of the Town and Country Planning Act 1990 ( TCPA 1990) concerns footpaths, bridleways and restricted byways that are impacted by development. It empowers a ‘competent authority’ to permit the stopping up or diversion of these routes where they are satisfied it is required to facilitate development being undertaken either: in line with planning permission issued under TCPA 1990, Pt III or TCPA 1990, s 293A (see: Necessary for development to be carried out below), or by a government department. TCPA 1990, s 257 further enables an order to be made ahead of the grant of planning permission, where the stopping up or diversion would be required if planning permission were granted, with such an order only capable of being confirmed once planning permission has in fact been granted. These powers apply to routes affected by...
This Practice Note addresses matters relating to looked after children placed in foster care, and the people who care for them — termed in statute as foster parents, though more commonly referred to as foster carers. It further outlines government guidance on early permanence placements (previously called 'fostering to adopt') and examines how that policy aligns with, and is interpreted by, case law. The Note differentiates between English and Welsh law, which diverge in a number of respects across both primary legislation and regulations, whilst also identifying areas of law that apply equally in both jurisdictions. Looked after children who are fostered England and Wales—general A child is regarded as looked after where they are in the care of the local authority (covering both interim care orders and full care orders), or where they are provided with accommodation by the local authority under any of its...
ARCHIVED: This Practice Note is archived and no longer maintained. For further reading on this topic, see: State aid—overview. State aid—generally European Union rules on state aid prevent member states from granting support that distorts, or may distort, competition and trade between states. Consequently, whenever a public authority or publicly funded body (such as a quango) offers financial assistance to an undertaking, they must consider carefully whether that support constitutes state aid, mindful that the European Commission is obliged to recover any unlawfully granted aid, together with applicable interest. The EU nevertheless recognises that state aid can be a legitimate element of public policy, for example to attract inward investment into underdeveloped regions (often called ‘assisted areas’) or to foster investment in high-technology industries. Article 107(1) of the Treaty on the Functioning of the European Union sets out the primary prohibition on state aid, while TFEU, art 7,...
For fuller analysis of how the net zero energy transition is regulated, consented and incentivised under the law of England and Wales, consult Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides comprehensive treatment of the topics addressed in this Practice Note. What is a grid connection? A grid connection enables a party to link to the local electricity network, or ‘grid’, so they can take (import) and/or send out power. An agreed grid connection is fundamental to maintaining that link and to trading the electricity a project requires through the grid. From a developer delivering a small housing scheme to a utility constructing a nuclear plant, a connection is necessary whenever no pre-existing link is available. In every case, the absence of an existing connection means one must be sought and secured. This is as true for...
Offences against heritage property Heritage crime encompasses any offence that reduces the significance of heritage assets and their settings, undermining their value for current and future generations. Heritage assets include: ancient monuments listed buildings buildings in conservation areas designated cemeteries conservation areas registered parks and gardens registered battlefields protected military remains of aircraft and vessels of historic interest undesignated but acknowledged buildings and sites of heritage significance Examples of prosecutable heritage crime theft of metals such as lead and copper from churches and other historic buildings architectural theft (see Theft) illegal metal detecting involving trespass on private land unlawful alterations to, and damage of, listed buildings criminal damage to monuments (see Criminal damage) arson (see Arson) graffiti (see Criminal damage) substance abuse and other forms of...
Legal requirements of an information There are several routes to commence criminal proceedings in England and Wales: a charge at the police station after arrest, accompanied by a requirement to attend the magistrates’ court a written charge with a requisition directing the defendant to attend court on a specified date and time (available only to certain public prosecutors, see: Prosecutors authorised under s 29 Criminal Justice Act 2003 to commence criminal proceedings by way of written charge and requisition or written charge and single justice notice—checklist) a written charge with a single justice procedure notice requiring the defendant to state a plea and, if guilty, consent to disposal of the case on the papers via the single justice procedure (see Practice Note: Single justice procedure) an application for the issue of a summons (commonly referred to as ‘laying an information’) in the magistrates’ court, leading to a...
What is biomass combined heat and power? A biomass combined heat and power ( CHP) system uses an engine to produce energy from biomass. In essence, CHP functions as a compact power plant that recovers heat, with very small distribution losses thanks to its closeness to the demand. As a result, it can deliver markedly higher generation efficiency, with inherent carbon reductions and cost savings. Total efficiencies of 80–90% are attainable, whereas conventional condensing power stations achieve around 40% in electricity output. Figure 1 shows a schematic of a biomass CHP system (source: WSP). Choosing biomass rather than natural gas—the fuel most commonly used in conventional CHP—elevates the output from simply sustainable to truly renewable energy. Key conditions for development When assessing the feasibility of biomass CHP, each technology option warrants careful review: Precisely specify systems to suit the ratio and scale of heat and power...
Mandatory licensing A house in multiple occupation ( HMO) satisfying the statutory threshold in section 254 of the Housing Act 2004 ( HA 2004) must hold a licence in law under that statute. This Practice Note explains when a mandatory licence is needed, the compulsory licence conditions, and the local housing authorities’ ( LHAs) discretion to introduce additional licensing designations within their areas. HA 2004, Pt 2 places a duty on each LHA to administer mandatory licensing effectively throughout its district. Discretionary (or additional) licensing captures other private lettings of dwellings where the LHA alone considers it appropriate. In England, the Licensing of Houses in Multiple Occupation ( Prescribed Description) ( England) Order 2018, SI 2018/221 specifies that mandatory licensing covers HMOs with five or more occupants comprising more than one household, without regard to the number of storeys. In Wales, the...
Practice Note Under the Housing Act 1985 ( HA 1985), a landlord seeking possession of a dwelling let on a secure tenancy must first obtain a court order. The process to recover possession differs according to the tenancy type: fixed-term periodic flexible This Note details the requirements for the Notice of Seeking Possession to be served on the tenant and the grounds for possession. For guidance on how a secure tenancy arises, see Practice Note: The tenancy condition. From 1 December 2022, tenancies and licences of dwellings in Wales are governed by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), subject to certain exceptions. Secure tenancies may no longer be created and existing secure tenancies will convert automatically into occupation contracts. The terms of both existing and new tenancies must be considered in the context of RH( W) A 2016 to...
This Practice Note discusses the sanctions in place for those who do not comply with the houses in multiple occupation ( HMOs) licensing regime It outlines criminal offences arising from breaches and describes the sanctions available for HMO contraventions, including failures to obtain a licence, non-compliance with licence conditions, or acting in defiance of a banning order. Potential measures include: interim management orders ( IMOs) final management orders ( FMOs) rent repayment orders ( RROs) financial penalties banning orders The Note also summarises how sanctions are pursued and the routes to appeal. Responsibility for enforcing the HMO licensing system sits with the local housing authority ( LHA) for the area where the HMO is located. See Practice Notes: Houses in multiple occupation ( HMOs) and Houses in multiple occupation ( HMOs)—applying for a licence. A range of licensing...
Statutory user rights—background Statutory user rights emerged to support local authorities following the 1974 overhaul of local government. Prior to that change, numerous urban district or borough councils ( UDCs) existed across non-metropolitan England and Wales, based in sizeable, substantial town hall premises. The Local Government Act 1972 ( LGA 1972) swept away all UDCs. In many instances, in practice, they were superseded by far larger district councils, themselves operating alongside continuing, though significantly altered, county councils in place. Yet certain duties—particularly managing parks, recreation grounds and allotments—were assigned to a newly created parish council mapped precisely onto the former UDC area. A large number of these new urban parish bodies took on the designation of town council, in many cases. Because most responsibilities of the former UDC moved to the district council, ownership of the old town halls passed to the new...
As fireworks are explosives, the UK imposes stringent controls on their sale, possession and use, set out in the Explosives Act 1875 ( EA 1875), the Fireworks Act 2003 ( Fi A 2003), the Fireworks Regulations 2004, SI 2004/1836, and the Explosives Regulations 2014, SI 2014/1638. Separate strict requirements govern how fireworks are placed on the market, including notification, categorisation, labelling, UK marking ( CE marking pre- IP completion day), traceability and safety information duties, setting out what must be provided and when. These are contained in the Pyrotechnic Articles ( Safety) Regulations 2015 ( PASR 2015), SI 2015/1553, which detail the applicable framework. The Product Safety and Metrology etc. ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/696, amended PASR 2015, SI 2015/1553 to swap references to CE marking for UKCA marking, and to replace mutual recognition of...
Popular documents
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 ]...
Discover more from LexisNexis
