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
This Practice Note outlines the UK gambling licensing framework. It reviews operating, personal and premises licences and sets out the application route, including factors the Gambling Commission (the Commission) or a local authority will weigh before deciding an application. Guidance on the application journey spans submission, scrutiny and decision, highlighting what the Commission and local authorities consider at each stage of the process. It also addresses licence conditions, alteration and termination for each licence, along with reforms brought in by the Commission. The three categories of licence available in Great Britain are: operating licences personal licences premises licences Operating licences Operating licences authorise an operator to supply a particular gambling product. Accordingly, anyone wishing to offer commercial facilities for gambling in Great Britain must hold an operating licence. Apart from small society lottery permits, only the Commission may award operating licences. Providing gambling facilities without the correct...
This overview of gambling law sets out the legal issues most relevant to the gambling industry, aimed at general commercial lawyers wanting to familiarise themselves with betting and gaming law overall and the current hot topics influencing the sector. It considers the legal treatment of betting, gaming and lottery activities, the Gambling Act 2005 ( GA 2005), non-gambling activities and international gambling. Gambling activities In the UK, some forms of entertainment are regarded as needing legal oversight as gambling. Three core categories are identified: betting, gaming and lotteries. ‘ Gambling’ is an umbrella term for all three. The principal statutory framework is GA 2005. This sweeping reform replaced a dense, historic regime that had developed piecemeal over more than two centuries, mirroring evolving attitudes to gambling. GA 2005 regulates all gambling save for the National Lottery and types of betting treated as financial...
This Practice Note This Practice Note examines what falls within the meaning of a gaming machine under the Gambling Act 2005 ( GA 2005) and the offences that may arise where contraventions occur. It further addresses the operation of lotteries, including the distinction between simple and complex lotteries, the rules on lottery promotion, exempt lotteries, and offences resulting from breaches of the statutory provisions. Under GA 2005, a gaming machine is a device designed or adapted for individuals to gamble, whether or not it also serves other purposes. The High Court has held that poker terminals available in public houses are gaming machines because they enable play of a game of chance for a prize; they were recognisably capable of generating a chance on which a prize might be awarded. By contrast, equipment not designed or adapted for...
This Practice Note examines the obligations on a local authority towards children in their care, encompassing those subject to care orders, interim care orders, as well as children accommodated voluntarily by the authority pursuant to section 20 of the Children Act 1989 ( Ch A 1989). It explains the local authority’s duty to safeguard and promote a child’s welfare and to make such services available for children as are reasonable, particularly in relation to placing the child in suitable accommodation and preparing a care plan. Please note, the information in this Practice Note concerns the law as it currently stands in England. The position in Wales is addressed by the Social Services and Well-being ( Wales) Act 2014 and the related statutory instruments. For further reading on Wales, see Practice Notes: Local authority powers and duties to provide...
Excluded tenancies A tenancy or licence will not be secure if it falls into any of these exceptions: long tenancies introductory tenancies, including those that have ceased to be introductory demoted tenancies property occupied in connection with employment land acquired for development accommodation for people who are homeless family intervention tenancies accommodation for asylum seekers temporary accommodation for individuals taking up employment private sector leasing temporary accommodation during works agricultural holdings licensed premises student lettings business tenancies to which the Landlord and Tenant Act 1954 ( LTA 1954) applies almshouses Long tenancies A long tenancy is one granted: for a term exceeding 21 years, whether or not it is (or may become) terminable before that term ends for a term fixed by law under a grant carrying a...
The main rights that a child has in school are: the right to education the right to receive care and protection comparable to that a reasonable parent would provide The former is set out in statute, while the latter stems from common law. The UN Convention on the Rights of the Child 1989 The UK government aims to honour the UNCRC 1989, although individuals cannot enforce it directly. It seeks to afford children various rights, including: the right to have their views respected the right to an adequate standard of living the right to education The Human Rights Act 1998 In education law, the Human Rights Act 1998 most notably protects: the right to freedom of thought, conscience and religion the right to education the right to a fair trial Strictly speaking, the right to education is a guarantee against being denied...
Statutory basis of residential service charge code— LRHUDA 1993, s 87 To encourage sound practice in relation to the management of ‘residential property’, the Secretary of State (in England) and the National Assembly for Wales (in Wales) are empowered to approve, from time to time, codes of practice, including those that relate to the management of residential service charges by ‘relevant persons’ (each being a Code). For these purposes, a ‘relevant person’ is any landlord of residential property, or any individual or body that undertakes management functions with respect to the provision of services, or the repair, maintenance, improvement or insurance of such residential property......
This Practice Note is intended for lawyers working within, or advising, Children’s Services departments of Welsh local authorities. It focuses solely on the law applicable to Wales. For the current position in England, see in general: Local authority duties to children—overview. This is the first in a trio of notes concerning children’s social care in Wales. For discussion of a Welsh local authority’s obligation to provide accommodation, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales. For discussion of a Welsh local authority’s responsibilities towards looked after children, see Practice Note: Local authority duties to looked after children in Wales. Each resource should be consulted alongside this note for contextual understanding and reference. Legislative background The Government of Wales Act 2006 ( GWA 2006) took effect on 25 July 2006. Section 108A GWA 2006 established a reserved powers model of...
The Health and Care Act 2022 was passed on 28 April 2022, with central provisions on Integrated Care taking effect from 1 July 2022. For more reading see News Analyses: Integrated Care Systems: practical steps for 1 July 2022, Transitioning to April—provider collaborative guidance issued, and Making provider collaboratives work—a little less conversation a little more (integrated) action. Key healthcare bodies in England Regulators Department of Health and Social Care ( DHSC) and Secretary of State for Health and Social Care — a Ministerial Department which also supports 14 Arms Length Bodies and a range of other Executive Agencies and Non- Departmental Public Bodies. In general, the DH provides: direction for the National Health Service ( NHS) and for the wider healthcare system stewardship of the health and care system so it delivers the right outcomes for patients, service users and the...
The Higher Education and Research Act 2017 ( HERA 2017) marks arguably the most far-reaching statutory shift in scope and effect for UK higher education since 2004. Under HERA 2017, Pt 1, a fresh regulator for higher education ( HE) in England, the Office for Students ( Of S), is created, alongside arrangements for a new register of providers across the system. Further particulars on the Of S’s constitution and functioning are set out in HERA 2017, Sch 1. HERA 2017, Pt 2 addresses additional education matters, such as student finance, complaints, and the deregulation of HE corporations in England. HERA 2017, Pt 3 deals with research, forming UK Research and Innovation ( UKRI) and defining the research and innovation roles of the councils. Expanded legislative detail is provided in HERA 2017, Sch 9. HERA 2017, Pt 4 attends to general...
Introduction This Practice Note outlines the role of the Gambling Commission and how it supervises the gambling sector across the UK. Overview The Gambling Commission (' Commission') oversees all areas of gambling in the UK and was established by the Gambling Act 2005 ( GA 2005) with supporting secondary legislation. It holds extensive powers and duties, regulating every type of gambling except spread betting, which falls under the Financial Conduct Authority. In October 2013 the Commission merged with the National Lottery Commission, extending its remit to the National Lottery. Its offices are in Victoria Square, Birmingham, and it maintains a helpful website. Nature and constitution The Commission is a non-departmental public body sponsored by the Department for Culture, Media and Sport. The Chairman and Commissioners are appointed by the Secretary of State, and there is also a chief executive. Commissioners must personally avoid conflicts, declare...
Practice Note This Practice Note provides guidance for a local authority on responding to an insolvent debtor. Debts may arise from arrears of: council tax National Non-domestic Rates ( NNDR) sundry debts liabilities from property liabilities from social care provision, see Practice Note: Securing and enforcing community care liabilities financial penalties imposed on a landlord for breaches of Houses of Multiple Occupation Legislation and other provisions deriving from the Housing and Planning Act 2016, see Practice Note: Houses in multiple occupation ( HMOs)—sanctions Individual bankruptcy debt relief order individual voluntary arrangement ( IVA) Partnership administration bankruptcy of individual partners partnership voluntary arrangement individual voluntary arrangement of individual partners Limited liability partnership ( LLP) administration administrative receivership compulsory liquidation of LLP voluntary liquidation of...
As with various areas of education legislation, the rules on school meals now differ in England and in Wales. Food and drink provided to pupils in schools in England English local authorities may supply milk, meals and other refreshments to registered pupils, to others taught at maintained schools, and to children in receipt of ‘relevant Early Years education’. This power also covers the provision of lunches at academies, free schools and independent schools. Catering can be delivered on school premises or at any other place where education is taking place, and local authorities must ensure maintained schools have facilities for pupils to consume food and drink brought from home. Provision may equally occur at alternative venues used for education. Including all temporary teaching sites. Catering in academies and free schools is not set out in statute, though their funding agreements with the...
How members are paid remains a divisive subject. The public service perspective holds that people step into politics to serve their communities rather than to profit, so remuneration should not reach levels that might tempt candidates for the wrong motives or to pursue purely personal advantage and status. Linked to this is a worry that higher pay could foster full‑time career councillors, narrowing the breadth of life and work experience that members bring as a collective body. By contrast, the professional stance argues that the basic allowances on offer fail to amount to a living wage, making it impossible for those without private means to sit on the council and potentially prompting young, energetic members to depart from the council entirely. Members’ allowances schemes in England The statutory basis for members’ allowances is set out in the Local Government and Housing Act 1989, the Local...
Part 2 of the Housing ( Wales) Act 2014 ( H( W) A 2014) Part 2 of the Housing ( Wales) Act 2014 ( H( W) A 2014) outlines the homelessness legal framework for local housing authorities ( LHAs) in Wales. It explains the varying obligations an LHA owes to different homeless applicants. Inevitably, an LHA must investigate an applicant’s circumstances before deciding which duty applies; see Practice Note: Homelessness and threatened with homelessness in Wales. Some applicants’ situations are so urgent that accommodation is required immediately, even before those enquiries can be completed. H( W) A 2014 makes provision, in specified circumstances, requiring LHAs to secure accommodation on an interim basis. This Practice Note sets out when that interim duty arises, how it operates, and how it is discharged. It also describes the power available to an LHA, once its enquiries are...
This Practice Note reflects the law as it is understood in England. Local authorities and other public bodies owe a general obligation to act fairly. This applies to both process and substance, and stems from the two fundamental rules of natural justice, namely that: no one should be a judge in their own cause (nemo judex in causa sua), and issues are to be decided after hearing from both or all parties involved (audi alteram partem) The modern duty of fairness is a flexible, context‑dependent principle requiring those consulting or making decisions on the public’s behalf to act—and be seen to act—in a way that is demonstrably fair in all the circumstances, and untainted by any actual or perceived personal or other extraneous interest. Public authority decisions affected by actual or apparent bias (a prejudice towards a particular outcome) or by...
A family intervention tenancy ( FIT) is regarded as an excluded tenancy under the Housing Acts 1985 ( HA 1985) and 1988 ( HA 1988), as it can be ended by notice without the landlord needing to prove grounds for termination or possession. The landlord may obtain possession and the tenant can be evicted if the behavioural support conditions have not been adhered to throughout the term. The procedure varies depending on whether the landlord is a local authority or a registered provider of social housing. Local authority landlord Where the landlord is a local authority, it must serve a notice of its intention before it can issue a notice to quit. The notice of intention to serve a notice to quit must: explain that the landlord will serve a notice to quit set out the reasons for serving a notice to quit state when the...
This Practice Note explores how artificial intelligence ( AI) engages with planning law in England and Wales. It examines AI as a tool within plan‑making, development management, appeals and evidential work, and the planning questions prompted by AI‑related projects, especially data centres and related infrastructure. It also signposts the public law, governance and information law considerations that may surface when AI is deployed in the planning system. This Practice Note was last updated on 14 May 2025. AI in planning terms In planning practice, AI typically features in two ways: as an instrument applied across plan‑making, development management, enforcement, consultation, appeals and other planning functions as a driver of development, most clearly data centres and associated energy and communications infrastructure AI does not introduce a separate planning code. Legal questions usually fall to be resolved under existing planning and public law frameworks. In most...
ARCHIVED: This Practice Note is archived, not maintained, and supplied for background information only. STOP PRESS (16/7/21) Legislation has been brought in to commence Step 4 of the Roadmap. The Health Protection ( Coronavirus, Restrictions) ( Steps etc) ( England) ( Revocation and Amendment) Regulations 2021, SI 2021/848, taking effect at 11.55 on 18 July 2021, revoke a range of provisions, including limits on numbers for indoor and outdoor gatherings, social distancing, the requirement to wear face coverings and the collection of contact details. See: LNB News 16/07/2021 22. STOP PRESS (15/7/21) The Department for Business, Energy and Industrial Strategy ( BEIS) published Working safely during coronavirus: guidance from Step 4 on 14 July 2021. The earlier 14 guides have been condensed into six new guides effective from 19 July. These confirm that all businesses can open and the government is no longer instructing people to work from home;...
This tracker recorded key developments, legislation, guidance and briefing notes linked to the early response to coronavirus ( COVID-19) from June to August 2020, with an emphasis on updates relevant to local government governance. It serves as a historical snapshot of the legislation and guidance that applied and was used during that timeframe... For the latest position, refer to: Coronavirus ( COVID-19)—governance tracker [ Archived]... Use the links below to go directly to a section: Primary legislation National restrictions Local restrictions Travel restrictions Local authority governance Financial support Government guidance Other sources of information News Analysis Case Law Primary legislation Development Corporate Insolvency and Governance Act 2020 ( CIGA 2020)... When in force Comes into force in part on 26 June 2020, with the remaining provisions commencing on a day appointed by the Secretary of State through...
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
