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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:
Most recent Practice notes
Determining liability Enforcing authorities should adhere to the five-step procedure set out in the statutory guidance for deciding liability under section 78F of the Environmental Protection Act 1990 ( EPA 1990). Not every stage of that approach will be relevant in all matters. See Practice Note: Contaminated land—process for determining liability. At step five, the enforcing authority must divide liability between the remaining members of each liability group. If a liability group has only one remaining member, that person is responsible for the whole of the costs allocated to that group. If a liability group has two or more remaining members, the enforcing authority should apply the guidance on apportionment. Different considerations apply to Class A liability groups and Class B liability groups. Class A persons General principles When apportioning liability within a single Class A liability group, the enforcing authority must decide the...
Determining liability Enforcing authorities are expected to make use of the five-step process set out in the statutory guidance when determining liability under section 78F of the Environmental Protection Act 1990 ( EPA 1990). Not every stage of that process will be applicable in all cases. See Practice Note: Contaminated land—process for determining liability. Step two applies only where a site has more than one significant contaminant linkage ( SCL). At that point, the enforcing authority must identify which remediation actions correspond to each SCL present on the site. For details, see: Contaminated land—risk assessment— What is a contaminant linkage?......
Background to the contaminated land regime The contaminated land regime was introduced in 2000 to: address the legacy of polluted sites in the UK that would not be cleaned up without regulatory action encourage market-led solutions by motivating companies to undertake voluntary remediation ‘ Contaminated land’ has a precise legal meaning under Part IIA of the Environmental Protection Act 1990 ( EPA 1990). Not all land contamination falls within the scope of ‘contaminated land’. For further details, see Practice Note: Contaminated land—definition of contaminated land. Objectives in the statutory guidance The revised statutory guidance sets out aims that should be read and applied alongside the EPA 1990, Pt IIA......
The Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) EIR 2004 grants the public a right to obtain environmental information held by public authorities. While openness is the default position, that duty to disclose is limited by several exceptions, most of which appear in regulation 12 of EIR 2004. For an outline of what amounts to environmental information, see Practice Note: Environmental Information Regulations 2004—what is environmental information? For guidance on when a request may properly be refused, see the Information Commissioner’s Office resource ‘ When can we refuse a request for environmental information?’ and a Q& A examining whether, beyond the rulings in Fish v Legal and Attorney- General for the Prince of Wales v the IC, as well as the ICO’s own guidance, there is further authority on what constitutes ‘control’ within the definition of public authority in the...
Noise nuisance Noise makes up the majority of complaints received by local authorities and the Environment Agency ( EA) about environmental pollution. It is any unwelcome sound that happens unexpectedly, or is excessively loud or repetitive. Exposure within certain decibel ranges can be harmful to health, with low frequency noise capable of being as damaging as loud noise. Noise nuisance is typically handled by local authorities as an environmental health matter. The police become involved where the disturbance amounts to a breach of the peace, or is linked to threatening, violent or other anti-social behaviour. Police and local councils frequently work jointly to take action or obtain orders against residents whose anti-social behaviour—causing alarm, harassment and distress—affects others. See Practice Note: Anti-social behaviour—environmental breaches. Public nuisance Creating a public nuisance is both a tort and a criminal offence, formerly at common law and now under section 78 of the...
STOP PRESS As at 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now in full effect and operation. Competitions launched on or after that date must be conducted in accordance with PA 2023, while procurements initiated under the earlier instruments—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 delivered, administered and overseen in accordance with those rules. See the Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance addresses public procurement under the Procurement Act 2023 ( PA 2023). For further guidance on evaluation methodologies under the former legislation, see Practice Note: Using different evaluation methodologies for different types of public...
Sections 191–218 of the Levelling-up and Regeneration Act 2023 ( LURA 2023) ( Part 10) set out powers allowing local authorities ( LAs) to run rental auctions for empty high street and town centre premises and then grant lettings without the consent of the owner (landlord), any superior landlord, or a mortgagee. The scope of Part 10 is limited to England. These provisions took effect on 2 December 2024 and are supported by the Local Authorities ( Rental Auctions) ( England) and Town and Country Planning ( General Permitted Development) ( Amendment) Regulations 2024, SI 2024/1139 ( LA( RA) 2024 Regs). The Ministry of Housing, Communities and Local Government ( MHCLG) has issued non-statutory Guidance on high street rental auctions ( Guidance), which provides a handy flowchart of the process from start to finish and template forms, letters, tenancy contract and...
This Practice Note outlines the criminal offences a local highway authority may rely on when prosecuting matters relating to highway obstructions. It does not consider civil powers, which are dealt with in Practice Note: Local authority powers to manage highway obstructions—civil remedies. What is an obstruction? There is no exhaustive list, nor a single statutory definition, of an obstruction. In Trevett v Lee, Lord Evershed broadly characterised it as something that, either temporarily or permanently, takes all or part of the highway out of public use. To that broad understanding, one can add the element of acting without lawful authority. A highway authority can, however, authorise or grant a licence for what would otherwise be an unlawful obstruction by issuing permits, for example: builders’ skips scaffolding temporary deposit of building materials See Practice Note: Highways...
Who is the General Optical Council ( GOC) The General Optical Council ( GOC), created as a corporate body by the Opticians Act 1989, exists to protect the public by promoting high standards in professional education, conduct and performance. Its purpose is to protect, promote and maintain: the public’s health, safety and well-being public confidence in the professions it regulates professional standards and conduct for Registrants and prospective Registrants proper standards and conduct for business Registrants This Practice Note summarises GOC fitness to practise proceedings, investigations, and applications for restoration to the Register. The GOC regulates registered Optometrists and Dispensing Opticians. In this Practice Note, a ‘ Registrant’ is: a registered Optometrist a Dispensing Optician student Optometrists a Registered Business This Practice Note should be read with the following: Practice Notes— Common principles in fitness to practise...
This Practice Note outlines how an oral examination of a judgment debtor is conducted following an order to attend for questioning under CPR 71. It sets out the differing approach taken where the examination is before a court officer as opposed to a judge, indicates whether the hearing occurs in public or in private, and addresses the possibility of an adjournment. It also offers guidance on construing and applying the pertinent provisions of the CPR. Depending on the court in which the proceedings are taking place, you may need to consider further requirements—see the Court specific guidance below. For background to the CPR 71 regime, including who may invoke it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For the steps involved in securing an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR...
Environment Act 2021 Key date Royal Assent: 9 November 2021 Subject Environmental principles, governance, regulation, air pollution, waste and plastics, biodiversity, water and resource planning Context The Environment Act 2021 ( EA 2021) obtained Royal Assent on 9 November 2021. A number of substantive measures started on 9 January 2022, with further provisions commencing, and continuing to commence, via secondary legislation made by the Secretary of State, the Welsh Ministers, the Scottish Ministers or, where relevant, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland: The Environment Act 2021 ( Commencement No 1) Regulations 2021, SI 2021/1274, initiated specified provisions of EA 2021, Part 1, from 17 November 2021 The Environment Act 2021 ( Commencement No 2 and Saving Provision) Regulations 2022, SI 2022/48, activated further provisions under EA 2021, Parts 1 and 3–7, with effect from 24 January 2022, 1 April 2022, 1 May 2022 and 30...
Introduction This Practice Note sets out the principal documents usually required at financial completion of an onshore wind farm or large scale ground mounted photovoltaic (pv) solar project in Great Britain ( GB), together with concise explanations of each. It is prepared on the basis of a primary transaction in which a special purpose vehicle ( SPV)—commonly termed ‘ Project Co’ and referred to as Project Co in this Practice Note—owns and finances the project, and at close the following are executed or provided: project documents (energy and operations, property, planning, and construction) project finance documents shareholder finance documents associated due diligence reports, legal opinion and other ancillaries Nevertheless, this documents list can also serve as a reference in a secondary market onshore wind farm or solar transaction, since many documents needing review and/or amendment will be identical. For a...
The Tribunals system The tribunals framework provides a forum for resolving disputes and operates as an integral component of the wider courts structure. HM Courts and Tribunals Service ( HMCTS) runs it, with its powers and organisation set out in the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007). Part 1 of that Act introduced a two‑level structure, comprising the First‑tier Tribunal and the Upper Tribunal. The Courts and Tribunals Judiciary website hosts a diagram of the tribunal tiers and the available appeal routes. The First‑tier Tribunal ( Property Chamber) ( FTT) is made up of judges alongside other members. Judges can be appointed directly to the FTT, or moved across from elsewhere—for instance, where the FTT has inherited work from a predecessor body of which they were a member, such as a rent assessment committee or the Adjudicator to HM Land...
Key primary resources on closure of the Fi T Government consultation dated 19 July 2018 on the outlook for new small scale renewables after Fi T closure, with a follow-up on 8 January 2019: The Future for Small- Scale Low- Carbon Generation: a call for evidence ( Future Support Consultation) Government consultation (19 July 2018) and decision (18 December 2018) confirming Fi T closure: The Feed- In Tariffs scheme—closure to new applications after 31 March 2019, and administrative measures ( Fi T Closure Consultation) The Feed-in Tariffs ( Closure, etc) Order 2018, made 17 December 2018 and effective from 1 February 2019: SI 2018/1380 ( Fi T Closure Order) Ofgem FAQ covering the end of the Fi T: FAQ: FIT scheme closure ( Ofgem Fi T Closure FAQs) Ofgem guidance on winding down the Fi T: Feed-in Tariffs: Essential guide to closure of the scheme ( Ofgem Fi T...
What hedgerows are protected? Some hedgerows are controlled by the Hedgerows Regulations 1997 ( HR 1997), SI 1997/1160, made under the Environment Act 1995. Two tiers of protection apply, outlined below: a hedgerow meeting criteria on length and position in HR 1997, reg 3 cannot be removed unless the relevant local planning authority ( LPA) has been given written notice of the intended works the LPA may only stop removal if the hedgerow is also classed as an important hedgerow for the purposes of HR 1997, reg 4 In England, the Management of Hedgerows ( England) Regulations 2024 ( MH( E) R 2024), SI 2024/680 further require: a two metre buffer from the centre of an important hedgerow to be created and maintained, within which land cannot be cultivated and fertilisers cannot be applied no cutting or trimming of an...
Homelessness legislation Part VII of the Housing Act 1996 ( HA 1996) forms the main legal framework for preventing homelessness and for assisting people who are threatened with, or already facing, homelessness. The Homelessness Reduction Act 2017 ( HRA 2017) took effect on 3 April 2018, making major changes to England’s homelessness law. Local housing authorities ( LHAs) must have regard to any guidance issued by the Secretary of State when carrying out their homelessness functions. The current statutory guidance was first published in 2018 and is updated on a regular basis. The updated system places obligations on local authorities to act earlier within their areas to stop homelessness arising. It also requires LHAs to offer homelessness services to all those affected, not only those considered to have ‘priority need’. These include: an expanded prevention duty that increases the period during which a...
Introduction to flood risk The UK carries a legacy of building in places vulnerable to flooding from rivers, surface run-off and groundwater. Ongoing expansion into rural and low-lying districts has resulted in around six million homes and properties being at risk of inundation today. This stems in particular from exposure to riverine, coastal and surface-water sources and supports a policy focus on risk-led spatial planning. Assessing flood risk is essential as property, legal and financial markets grow more sensitive to flood exposure and the rising costs of flood damage over time. Because flood risk management is now central to all new schemes and to property conveyancing, a variety of products and assessments are widely available in the market place offering differing scope and depth—see Practice Notes: Flood insurance and Flooding—flood searches. History of planning policy on flood risk Planning Policy Guidance 25:...
Released on 18 December 2017, this year’s Brexit round-up surveys the major developments of 2017 and signals what to expect in 2018. It offers updates and analysis on: the process and implications of triggering Article 50 TEU progress made in the first phase of Brexit talks the government’s domestic readiness and contingency planning, covering key legislative programmes, devolution questions and ongoing parliamentary scrutiny It also looks ahead to core priorities as both sides prepare to shift negotiations into a second phase in 2018, and provides updates on Lexis Nexis® content—highlighting last year’s developments and what is scheduled over the next 12 months. Reviewing 2017 EU withdrawal process What happened? The UK’s decision to leave the EU is without precedent, creating significant legal and constitutional challenges. With both the UK and the EU navigating uncharted territory, debate has persisted across multiple fronts, including the 2016 EU...
This Practice Note provides an overview of the law, guidance and practice concerning the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 ( BPR 2008), which govern business-to-business advertising in the UK. It outlines what constitutes misleading advertising, the parameters for comparative advertising, and the offences and due diligence defence under BPR 2008. For fuller guidance on the rules for comparative advertising, see Practice Note: Comparative advertising. Background BPR 2008 came into effect on 26 May 2008, implementing Directive 2006/114/ EC, the EU Misleading and Comparative Advertising Directive, into UK law. The regulations concentrate on business-to-business activity, forbid misleading business-to-business advertising, and set the conditions that comparative claims must satisfy to be lawful. At the same time, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008) took effect, implementing Directive 2005/29/ EC, the EU Unfair Commercial Practices Directive ( EU UCPD) into UK law....
What are ozone-depleting substances? Ozone-depleting substances ( ODS) are synthetic chemicals that harm the stratospheric ozone layer, the shield that protects the earth from damaging ultraviolet radiation. They include chlorofluorocarbons ( CFCs), halons, hydrochlorofluorocarbons ( HCFCs), carbon tetrachloride and methyl bromide. ODS have been used in refrigeration equipment, air conditioning systems, fire extinguishers, aerosol propellants, solvents and as blowing agents in insulation foams. Background to the GB ODS Regulation The UK is a party to the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. The Vienna Convention is a framework treaty intended to: restrict activities likely to damage the ozone layer co-operation in collecting and sharing information on the effects of human activities on the ozone layer See Practice Note: Vienna Convention 1985 (protection of the ozone...
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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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