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
HMOs are typically private dwellings first planned for a single household, later adapted to accommodate several distinct households or individuals. Such adaptation almost invariably entails shared bathing or kitchen facilities and the use of parts of the building for functions for which they were never intended, creating clear potential issues affecting not only amenity but also the safety of the accommodation. Moreover, Government and Parliament have recognised the necessity for particular measures for HMOs, owing to the unfortunate reality that people and families most in need of social protection, including those with young children, are frequently compelled to reside in housing which, by and large, is liable to be markedly less suitable than purpose-built flats or houses. The Housing Act 2004 ( HA 2004) introduced licensing for houses in multiple occupation ( HMOs). It sets out a precise definition of HMOs and...
This Practice Note This Practice Note examines the overriding objective that must be applied in public law children cases, notably care proceedings under the Children Act 1989 ( Ch A 1989), to ensure matters are resolved fairly with welfare considerations to the fore and with proper regard to welfare issues. It details the court’s obligations to advance that overriding objective and the general approach in children litigation, alongside the duties of the parties and of legal representatives. It also offers guidance on when a judge should step aside. From 22 April 2014, the Public Law Outline ( PLO) governing care, supervision, and other proceedings under Ch A 1989, Pt IV took effect pursuant to the Family Procedure Rules 2010 ( FPR 2010), via FPR 2010, PD 12A. See Practice Note: Public law children procedure— Public Law Outline for practical guidance on the PLO. In 2014, the...
This Practice Note outlines what a statutory demand is and what it is intended to achieve in corporate and personal insolvency, assuming the debtor is located in England and Wales. The statutory demand—the general position A statutory demand (in both corporate and personal contexts) is a formal request for a debt—either immediately payable or due at a specified future time—served on the debtor by one or more of their creditors. Across both regimes, if the debtor, within 21 days of service, does not pay the sum, does not satisfy it or provide security to the creditor’s satisfaction, or does not take the proper steps to stop the creditor acting further upon it, a presumption of insolvency arises on an inability to pay basis in respect of the debtor. Where the debtor is an individual, an unanswered statutory demand supplies a creditor with one of only two bases on which a...
What are reserved matters? Outline planning permission gives a decision on the overarching principles for developing a site. It is granted while keeping back specific aspects for later sign-off by the local planning authority ( LPA) or the Secretary of State; these are known as reserved matters. In England, article 2 of the Town and Country Planning ( Development Management Procedure) ( England) Order 2015 (the 2015 DMPO), and in Wales, the Town and Country Planning ( Development Management Procedure) ( Wales) Order 2012 (the 2012 DMPO), describe reserved matters as any of access, appearance, landscaping, layout and scale, where details have not accompanied the outline planning application. The 2015 DMPO and the 2012 DMPO set out the following meanings: Access — the means of reaching and moving within the site for vehicles, cycles and pedestrians, including the siting, positioning and treatment of entry points and...
This how-to guide outlines, at a high level, what a body carrying out public functions should do when faced with a threatened or lodged judicial review. It focuses on the stages up to the court’s decision on permission. For measures to guard against a successful challenge, see Practice Note: Avoiding a judicial review. Take legal advice The extent to which a threatened judicial review has already attracted legal input will differ. It turns on the nature of the impugned decision—major policy is more likely to have been advised upon than a one-off administrative act—and on who the decision-maker is. On receipt of a pre-action letter, the immediate issue is to ask whether any clear flaws exist in the decision under challenge, and, if so, whether these can be communicated to the decision-maker. How far such advice can shape the...
For guidance on the initiation of criminal prosecutions in England and Wales, consult Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Time limits for summary only offences The Magistrates’ Courts Act 1980 ( MCA 1980) sets deadlines for starting proceedings that are triable only in the magistrates’ court (called summary only offences), save where another statutory period applies. Under this framework, a magistrates' court cannot adjudicate a summary offence unless the information is laid (that is, an application for a summons is made) within six months of the date the offence was committed. This position is mirrored in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 7.2(10). So long as the information is laid (or a summons application is submitted) within that window, it is...
This Practice Note sets out the procedure for managing commercial service charge disputes, with reference to the mandatory requirements and best practice in the Royal Institution of Chartered Surveyors ( RICS) professional standard, ‘ Service charges in commercial property’ ( Service Charge Standard). For guidance on the services a commercial landlord must provide and the expenses that may then be recovered, see Practice Notes: Commercial service charges—what is the landlord's liability to provide the service? and Commercial service charges—what expenses can the landlord recover? Service charge recovery—commercial versus residential Service charges in commercial property serve the same purpose as in residential settings: they allow a landlord to provide repair and maintenance services and reclaim the associated costs from a tenant. However, whilst residential service charges are regulated by extensive legislation (see...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
This Practice Note outlines the insolvency regime brought in by the Technical and Further Education Act 2017 ( TAFEA 2017), the Further Education Bodies ( Insolvency) Regulations 2019 ( FEBR 2019), SI 2019/138, and the Education Administration Rules 2018 ( EAR 2018), SI 2018/1135, which took effect on 31 January 2019. TAFEA 2017 establishes the structure of an insolvency framework applying to further education and sixth form colleges in England and Wales. It also introduces a special administration regime designed to protect the interests of learners where a college becomes insolvent. Background The Further and Higher Education Act 1992 ( FHEA 1992) created a new further education sector providing full-time education for 16–18 year olds and introduced a distinct corporate legal entity, the ‘further education corporation’. The Association of Colleges reports that over 95% of institutions in the sector are either further education...
This Practice Note offers a practical ‘how to’ overview of making a freedom of information ( FOI) request, with primary attention on applications under the Freedom of Information Act 2000 ( FIA 2000). Both FIA 2000 and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, grant a right to access recorded information held by public authorities. The emphasis here is on FIA 2000. For more on EIR 2004, see: Environmental information—overview. This note does not address the grounds for refusing an FOI request or for withholding material. For those topics, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request. Key legislation and guidance This guide should be read alongside the following legislation, code of practice, and Information Commissioner’s Office ( ICO) materials: FIA 2000 Cabinet Office— Freedom of...
This Practice Note on commencing a debt claim outlines the matters to consider both before and after issuing a straightforward contractual debt action, including the correct jurisdiction, limitation, alternative dispute resolution ( ADR) and insolvency options, pre-action obligations, assignment of debts, and when, where and how to issue and serve proceedings. For an explanation of what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims. Further guidance on debt claims includes: Practice Note: Discharging a contractual debt Starting a contractual debt claim—checklist (covering, in summary, issues such as the nature of the claim, the contracting parties, the debtor’s assets, the debt’s value, and what the client aims to achieve through litigation, with links to related content) For broader guidance on starting claims, see: Starting a claim or...
A data protection impact assessment ( DPIA) is exactly what it sounds like—an evaluation of how a particular project or process may affect data protection for impacted individuals. This Practice Note sets out: what a DPIA is whether DPIAs are mandatory, and if so who should carry out the assessment, and how It also covers how DPIAs relate to privacy impact assessments ( PIAs) and data protection by design and default ( DPb DD). Precedent: Data protection impact assessment— DPIA aligns with the UK GDPR. See also Precedent: Data protection impact assessment— DPIA—short form, based on an Information Commissioner’s Office ( ICO) template. ICO guidance on DPIAs is available in two places: Data protection impact assessments and Data Protection Impact Assessments ( DPIAs). What is a data protection impact assessment? A DPIA is a practical mechanism to help you: spot and reduce data...
This Practice Note sets out what the Common Assessment Framework ( CAF) is and how it operates, co-ordinating voluntary support for children and their families across multiple services. It explains when a CAF is suitable and when more formal intervention is needed. What is a Common Assessment Framework ( CAF) and when is it used? A CAF is a shared assessment and planning framework used across all children’s services and in every local area in England. The aims and objectives of the CAF are to: help practitioners working with children, young people and families to identify and assess additional needs provide earlier, more effective help to prevent, where possible, formal intervention develop a common understanding of needs and how to work together to meet them A core aim is to recognise needs early and arrange multi-agency support to prevent matters reaching crisis point. This is...
This Practice Note It explores how the provisions of the Equality Act 2010 ( Eq A 2010) intersect with those in the School Standards and Framework Act 1998 ( SSFA 1998), addressing appointment and dismissal of teachers at schools with a religious character, staffing at foundation and voluntary schools with a religious character, religious beliefs of staff at certain secular schools, and employment of teachers at independent schools with a religious character. The Note surveys categories of school, explains the meaning of ‘religious character’, and outlines how relevant parts of the SSFA 1998 operate for teachers and staff at secular schools and at schools with a religious character, including the position of reserved teachers in foundation schools and in voluntary controlled schools with a religious character. Finally, it considers exceptions under the Eq A 2010 for academic posts limited to members of a...
Meaning of ‘highway’ At its widest, a highway is a way—being a defined route such as a road, bridleway or footpath—over which the public may pass and re-pass. ‘ Highway’ and ‘public right of way’ are often treated as the same, though ‘highway’ more usually denotes the physical corridor rather than the entitlement itself. For instance, a route used by motor vehicles would typically be described as a ‘highway’ rather than a ‘right of way’. Right of passage Once a route is a highway, the public acquire a right to go to and fro along it. That right is limited by the highway’s type: footpaths and pavements permit travel on foot; bridleways allow use on horseback; and vehicular roads cater for movement with or without vehicles. Classes of highway a carriageway, including a byway open to all traffic (for use on foot, horse, cycle, motorised and...
This Practice Note considers responsibility for incidents on school premises, drawing on case law to show which elements can, in practice, separate a winning claim against a school or its proprietors from one that fails. These elements encompass duty of care, vicarious liability, contributory negligence, foreseeability of consequences, causation and proximity, the child’s age, disposition and mental capacity, the standard of supervision expected in a school, and whether at the material time the child was within the school’s care or control. Accidents happen in schools Children are frequently hurt with no fault attributable to any person. By their very nature they are young and inexperienced. Likewise, they cannot expect to pass through life avoiding all risk; and when they do take a risk—often, through lack of life experience, unknowingly or misjudging its extent—they may, on occasion, be injured despite care being taken. Accidents do occur and 'not...
This Practice Note sets out the criminal offences under the Child Abduction Act 1984 ( CAA 1984), and also considers electronic tagging and the Law Commission’s recommendations for amending the offences under the CAA 1984... Criminal law The CAA 1984 created the child abduction offences. Subject to the specified exceptions, a person connected with a child under 16 commits an offence by taking or sending that child out of the UK without the requisite consent......
This Practice Note outlines the nature of waiver and release within commercial contracts, distinguishes between them, and summarises the clauses that address waiver (commonly called a ‘no-waiver’ clause) and release. The waiver clause is widely recognised as a boilerplate provision aimed at preventing unintended waivers of legal rights from taking effect, including the right to terminate after a breach of contract. What does ‘waiver’ mean? In contract law, ‘waiver’ may carry different senses, but most often describes a concession granted by one party whereby it does not demand strict performance by the other of a contractual duty, whether before or after any breach of the term being waived. For discussion of other potential meanings, see: Waiver: Halsbury’s Laws of England [251]. Types of waiver Express Implied from conduct In either case, it must amount to an unequivocal representation arising from a positive and...
This Practice Note sets out clearly and clarifies precisely what amounts to unlawful eviction, when and how it can arise in a civil context, the civil remedies on hand and available, and any knock-on causes of action. Unlawful eviction Unlawful (or illegal) eviction is defined by the Protection from Eviction Act 1977 ( PEA 1977) and constitutes a criminal offence in law. A claim for unlawful eviction occurs where a landlord, or any other individual, removes or seeks to remove a residential occupier from their home and occupation without using the lawfully prescribed process. A ‘residential occupier’ means a person living in the premises as a residence, whether under a contract or by virtue of any enactment or rule of law that gives them a right to remain in occupation or limits another’s right to recover possession of the premises. This definition extends to tenants and...
This Practice Note identifies the traffic authorities empowered to manage highway traffic across the highway network under the Road Traffic Regulation Act 1984 ( RTRA 1984), and outlines a traffic authority’s obligations in relation to road traffic. It sets out how that duty is discharged by making Traffic Regulation Orders ( TROs) pursuant to the RTRA 1984, and the situations where approval from the Secretary of State or the Welsh Ministers is required, where necessary and appropriate, before an Order is made. What is a Traffic Regulation Order? A TRO is a formal order or byelaw issued by a traffic authority specifying the type and scope of traffic restrictions within a particular locality......
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
