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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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Universities and other academic institutions Universities and other academic bodies carry out extensive research and consequently create significant volumes of protectable IP. Safeguarding and exploiting this IP is both costly and time‑consuming, and frequently the university is better placed to manage this than individual academics. Many larger institutions operate IP policies requiring academics to assign all IP rights arising from their research to the university. In return, incentives such as a share of the income generated by the IP are provided. After a university secures ownership of IP, it can be commercialised in several ways, including: donation for the wider benefit of the public licensing to established third parties or start‑ups selling or assigning the IP to third parties creating spin‑offs to exploit the IP A university ‘spin‑off’ or ‘spin‑out’ is a new company established to capitalise on research...
Over a comparatively brief span, deploying tools to award public contracts has become routine and broadly established practice. As a result, professionals engaged in public procurement, within contracting authorities and among suppliers, must possess at least a basic understanding of these tools, and many bodies now hire experts specifically to manage this part of the lifecycle within their organisations. This Practice Note explores how such tools are being developed and applied for sourcing across the public sector—meaning the steps culminating in the award of a public contract or framework agreement (commonly termed ‘e- Sourcing’). The discussion covers e- Auctions and Dynamic Purchasing Systems ( DPS) used for sourcing. It is also worth highlighting that electronic tools can ‘e- Enable’ other activities, particularly ‘ Purchase-to- Pay’ ( P2P)—the transactional sequence of approving and placing orders (under contracts and framework...
In contrast with numerous jurisdictions, the UK lacks a general unfair competition regime of its own. Brand owners aiming to stop rivals from selling lookalike goods or deploying deceptive adverts must depend on a mix of intellectual property rights, used together in practice rather than relying on a lone, overarching rule. Among these is also the common law action of passing off. Such claims proceed, in essence, on the basis that nobody may present their goods or services as those of another party. A frequent pattern involves a defendant reproducing the claimant’s packaging, get-up or branding so as to misstate the origin of its offerings. Set out below are the essential elements to prove passing off, together with an outline of potential defences, available remedies and pragmatic considerations to bear in mind. Passing off is regularly pleaded alongside trade mark...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Introduction to the Energy White Paper On 14 December 2020, the Department for Business, Energy and Industrial Strategy ( BEIS) released the long-anticipated Energy White Paper. It builds on policy pledges in the Prime Minister’s ten-point plan for a Green Industrial Revolution (the ‘ten-point plan’) and the National Infrastructure Strategy, both issued in November 2020, and sets out how the UK plans to reach net zero by 2050. BEIS suggests the measures within could cut emissions across power, industry and buildings by up to 230 Mt CO2e to 2032 and sustain up to 220,000 jobs each year by 2030. For further details on the ten-point plan and the National Infrastructure Strategy, see: LNB News 18/11/2020 25 and News Analysis: The National Infrastructure...
Trustee in bankruptcy’s remuneration The trustee in bankruptcy (trustee) will typically seek payment of their fees from the estate. A trustee’s remuneration constitutes a bankruptcy expense, payable in the order of priority set by the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, before any return is made to creditors. If the estate does not suffice to meet the trustee’s remuneration, and the trustee has applied skill and labour to assets the bankrupt held on trust for third parties, the trustee may, in some circumstances, obtain payment for that work from those trust assets. That, however, depends on the court’s discretion (see Re Berkeley Applegate). In Bell v Birchall, the court declined to permit a trustee of a bankrupt solicitor’s estate to recover his costs and expenses already incurred—and to be incurred—in relation to storing the...
This Practice Note addresses several frequently asked questions that may arise when deciding whether to pursue a Third Party Debt Order ( TPDO). For guidance on what a TPDO is and the steps to obtain one, see Practice Notes: What is a third party debt order ( TPDO)? How to apply for a third party debt order ( TPDO) Does a TPDO have to be issued against a financial institution? No. You can apply for a TPDO against any third party within the jurisdiction that owes money to your debtor. This extends to an individual who is a debtor of the judgment debtor. Can a TPDO be made in respect of cryptocurrency? Following the decision in Ion Science Ltd v Persons Unknown (2020) (not reported by Lexis Nexis), the High Court confirmed that crypto assets are capable of being treated as property and can be traced and...
At present, working in an in‑house legal team feels very much like wading in choppy waters: a sudden surge of change can almost sweep you off your feet and, before you’ve steadied yourself and found your footing again, another swell is already breaking over you. This Practice Note aims to highlight what you are currently doing that both strengthens—or, at times, undermines—your personal resilience amid these surges, and it also sets out a range of practical pointers for handling continual, ongoing change. This Practice Note covers: What is personal resilience? Addressing the roots of resilience Why does everyone else seem to be coping? A scientific perspective Understanding 'learned helplessness' Additional sources of support What is personal resilience? Psychological resilience is commonly described as an individual’s capacity to adapt appropriately to pressure and adversity. Stress and adversity may present...
Practice Note This Practice Note outlines the reforms to the regime for regulating standards of conduct that took effect on 1 July 2012 under the Localism Act 2011 ( LA 2011). It relates solely to the law in England; note that different provisions apply in Wales. It covers: Disclosable Pecuniary Interests ( DPI) the obligation to adopt a code of conduct and an Independent Person the process for handling complaints the sanctions available for breach of the code The public are entitled to expect high standards of conduct from their elected members. Before 1 July 2012, local authority ( LA) members were required to comply with the ethical standards framework in Part III of the Local Government Act 2000 ( LGA 2000), which drew on recommendations in the Third Report of Lord Nolan’s Committee on Standards in Public Life ( CSPL). LA 2011...
Practice Note This Practice Note outlines who may apply for a special guardianship order ( SGO) for a child as of right, and who must first obtain the court’s permission. It details the factors the court is required to consider when determining whether to give permission. It further describes the steps for seeking permission, including the prescribed application format, the necessary supporting documents, and requirements for service on relevant parties where applicable......
For additional practical guidance on solar projects, including perspectives from multiple jurisdictions, see the textbook Solar Power: A Practical Handbook. What is solar PV? Photovoltaic ( PV) technology converts solar energy into electrical power. The term ‘photovoltaic’ is formed from: photo, taken from the Greek for light, and volt, the unit of electromotive force, linked to electricity pioneer Alessandro Volta PV materials transform light energy into electrical energy, as demonstrated in 1839 by French physicist Edmond Becquerel, who showed that sunlight could generate an electric current within a solid. It was more than a further century before scientists established that the photoelectric, or photovoltaic, effect enables certain materials to convert light into electricity at the atomic scale. PV technology components Cells and modules Typically, PV systems are made up of PV cells, usually comprising one or two layers of silicon or similar materials, connected in series to form...
This Practice Note explains the rules on qualification for the allocation of housing by a local housing authority ( LHA) in England, brought in by the Localism Act 2011 ( LA 2011) and inserted into the Housing Act 1996 ( HA 1996). It is not relevant to Wales. It sets out the general allocation framework, issues affecting the armed forces, the right to move, and also how these elements interact. Through LA 2011, significant changes were made to HA 1996, Part VI, which governs the allocation of social housing. A key change, applying in England only and not in Wales, was the creation of a concept of ‘qualification’ for allocation, alongside ‘eligibility’. Accordingly, in England, a person who meets eligibility criteria for an allocation (broadly, by holding the requisite immigration status—see Practice Note:...
This Practice Note sets out the framework for serious professional misconduct affecting teachers, administered by the Teaching Regulation Agency ( TRA) on behalf of the Secretary of State for Education, under powers in sections 141A–141H of the Education Act 2002 ( EA 2002). It explains what amounts to serious professional misconduct, with reference to the Teachers’ Disciplinary ( England) Regulations 2012, SI 2012/560 and Department for Education ( Df E) guidance for professional conduct panels ( PCP). It outlines the investigative process, when a PCP should be called, the PCP’s available powers and procedure, decisions by the Secretary of State, possible sanctions, and the rights of appeal against determinations... Disciplinary proceedings EA 2002, ss 141B–141H (inserted by the Education Act 2011) empower the Secretary of State to examine any case referred to them alleging that a teacher: may have engaged in...
What is the ? The forms part of the First Tier Tribunal ( FTT) within the Health, Education and Social Care Chamber (the Tribunal). Decisions of the FTT can be appealed to the Upper Tribunal ( UT). The FTT considers appeals concerning children and young people with special educational needs ( SEN), as well as disability discrimination claims relating to schools and local authorities ( LAs), including exclusions from school. How is a panel constituted? FTT panels are generally constituted of three members, though two-member panels are increasingly common. The panel is always chaired by a legally qualified member, while the others have substantial experience of SEN and disability matters. The UT consists of a single legally qualified member. When can an appeal be made to the First Tier Tribunal? All parents/guardians and young people have a right to appeal to the...
Background to semiconductors A semiconductor is, at its core, a material with electrical conductivity that can permit or, alternatively, obstruct the passage of electric current. Chips based on semiconductors—seen in devices such as computers, mobile phones and microwave ovens—are typically produced from circular silicon wafers. Intellectual property rights operate to safeguard the semiconductor sector, encompassing electronic circuit boards and the component chips. Semiconductor topography rights The semiconductor topography right sits alongside unregistered design law and is aimed at protecting a particular industrial article, namely, as noted above, the electronic circuit board and the layout of semiconductors. This right entered UK law through the Design Right ( Semiconductor Topographies) Regulations 1989, SI 1989/1100, which implemented European Directive 87/54/ EC and now form assimilated law as EU‑derived domestic legislation. Assimilated law is the term applied to retained EU law ( REUL) that continues in force after the end of 2023. The...
This Practice Note sets out guidance on the tenancy condition that must be met for a tenant to obtain security of tenure under section 79 of the Housing Act 1985 ( HA 1985). It also addresses issues that may arise where security of tenure is threatened. Security of tenure A tenant of a dwelling house, let as a separate dwelling, will have security of tenure as a secure tenant under HA 1985, s 79 at any time when the ‘landlord condition’ and the ‘tenant condition’ are met. The ‘landlord condition’ is that the landlord’s interest belongs to one of several prescribed authorities or bodies; in practice, this will usually be a local authority. The ‘tenant condition’ is that the tenant is an individual who occupies the dwelling house as his or her only or principal home (or, for a joint tenancy, that at least one of them...
STOP PRESS: The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. This content is presently being reviewed in line with the Act. What is section 36 of the Electricity Act 1989? Section 36 of the Electricity Act 1989 ( EA 1989) places a statutory obligation on anyone proposing to construct, expand or operate an electricity generating station to secure consent from the ‘appropriate authority’—that is, the Secretary of State ( So S), Scottish Ministers or Welsh Ministers, depending on the location—unless an exemption applies. Exemptions exist for particular capacities and types of generating stations, for example onshore wind stations in England and Wales, and projects authorised under other legislative consents such as the Planning Act 2008 ( PA 2008). With the advent of the development consent regime under PA 2008, the need to seek consent under EA 1989, s 36 has been...
STOP PRESS : The Energy Performance of Buildings ( Scotland) Regulations 2025, SSI 2025/417 ( EPC Regs 2025) supersede and replace the Energy Performance of Buildings ( Scotland) Regulations 2008, SSI 2008/309 ( EPC Regs 2008), renewing Scotland’s energy performance regime for every building. Under EPC Regs 2025, regulations 11 and 12 take effect from 1 January 2026 to permit the approval of organisations and accreditation schemes, with the balance of provisions commencing on 31 October 2026. Owners of non-domestic properties must present valid Energy Performance Certificates ( EPCs) and Property Reports on sale or letting, and include EPC ratings in adverts. Developers must provide EPCs and reports to owners within seven days of completion. EPCs must be displayed in qualifying public buildings. A new national energy performance register, updated assessment methods, and local authority enforcement powers (including penalties up to £1,000) will be introduced to improve...
Scope of the right to buy England Across England, the Right to Buy ( RTB) is provided for by the Housing Act 1985 ( HA 1985)... Wales In Wales, RTB (including the Preserved Right to Buy) and the Right to Acquire were ended on 26 January 2019 under section 6 of the Abolition of the Right to Buy and Associated Rights ( Wales) Act 2018, together with the Abolition of the Right to Buy and Associated Rights ( Wales) Act 2018 ( Commencement and Saving Provisions) Order 2018, SI 2018/100, art 2. From that date, no new applications were taken in Wales. See LNB News 30/01/2018 82... What is the right to buy? The RTB scheme grants qualifying secure tenants a statutory entitlement to purchase their home at a discount. Subject to conditions, a secure tenant in England may buy the freehold of a house or the lease of a flat (or a...
If a needs assessment finds an adult must move into residential accommodation, they may choose, subject to their own financial circumstances, between privately funded or local authority arrangements accordingly. Whichever setting the adult ultimately enters, the oversight and guidance governing how such ‘care homes’ operate is generally consistent. Care homes are overseen by the Care Quality Commission, as are connected services, including community provision, mental health support and care delivered at home, all of which are particularly relevant to older clients. The principal legislation for the provision of residential care is: National Assistance Act 1948 ( NAA 1948) Care Act 2014 ( CA 2014) Other legislation of interest in relation to the physical provision of accommodation in a care home can be found in: Care Standards Act 2000 ( CSA 2000) Health and Social Care Act 2008 ( HSCA 2008) Care...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in full effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced pursuant to 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 run, overseen and administered under those rules. Please refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates solely to the Procurement Act 2023 regime. This practical guidance specifically concerns public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on time limits for challenging a public procurement award under the previous legislation, see the Practice Note: Challenging a public procurement...
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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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