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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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Public Guardian The Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. Whoever holds the Public Guardian role also serves as chief executive of the Office of the Public Guardian ( OPG), an executive agency of the Ministry of Justice ( Mo J), created when the Mental Capacity Act 2005 ( MCA 2005) came into force on 1 October 2007 at that time. A key objective of the MCA 2005 was to distinguish the Court of Protection’s judicial powers from the administrative and supervisory oversight functions of a government body. Under the MCA 2005, the Court of Protection exercises statutory jurisdiction over the property and affairs of the mentally incapacitated person ( P), while the Public Guardian undertakes the day-to-day administration and supervision of P’s affairs. The Public Guardian is also the formal registration authority for lasting and enduring powers of...
Procedural impropriety as a ground of judicial review ‘ Procedural impropriety’ is the third and final ground of judicial review set out by Lord Diplock in the landmark Civil Service Unions v Minister for the Civil Service ( GCHQ). In that decision, Lord Diplock described this ground as covering a failure to observe the basic norms of natural justice, or to act with procedural fairness towards the person affected by a decision, as well as a failure by an administrative tribunal to comply with procedural rules expressly prescribed in the legislative instrument conferring its jurisdiction, even where no denial of natural justice is involved. This Practice Note considers the principal features of procedural impropriety as a ground of judicial review: The evolution of procedural impropriety as a basis for judicial review, which includes: the...
ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note is not kept up to date. It provides guidance on the workplace parking levy, a charge imposed on occupiers of car parking spaces made available for staff. It covers: the scope of workplace parking levy licensing schemes; statutory requirements for the content of schemes; the provider’s liability; penalty charges; representations and appeals; and payment and recovery processes. Under Chapter 12 of the Transport Act 2000, certain local traffic authorities have the power to bring in workplace parking levy licensing schemes, enabling them to charge the occupier of premises for a licence for car parking spaces (‘licensed units’) that are occupied by motor vehicles and supplied for use by: a relevant person employees, agents, suppliers, business customers or business visitors of a relevant person pupils or students...
Wildlife offences Criminal offences relating to harm to wildlife are mainly established by the Wildlife and Countryside Act 1981 ( WCA 1981), alongside the following legislation: Food and Environment Protection Act 1985 Wild Mammals ( Protection) Act 1996 Deer Act 1991 Pests Act 1954 Poisons Act 1972 There are also EU and domestic laws enacted in line with the Convention on International Trade in Endangered Species of Wild Flora and Fauna, which govern the cross‑border trade of wild animals and plants. See Practice Notes: Species Protection and Illegal wildlife trade. The National Wildlife Crime Unit is a strategic policing unit operating above individual force activity. Its remit is to: co‑ordinate enforcement concerning cross‑border and organised crime at national and international levels collate intelligence and provide analytical assessments The CPS prosecutes these cases. Summary prosecutions must be commenced within six months of the date the...
This Practice Note provides a brief overview of the law of special educational needs ( SEN) in Wales. It summarises the framework under the Additional Learning Needs and Education Tribunal ( Wales) Act 2018 concerning additional learning needs ( ALN), together with the transitional arrangements brought about by this reform. For coverage of SEN in England, see Practice Note: Special educational needs in England under the Children and Families Act 2014. ALNET( W) A 2018, partially in force (with certain provisions in force from 1 September 2025), applies to the following pupils: children with newly recognised ALN; children who are detained; children in Nursery Years 1 or 2, or Years 1, 3, 5, 7 or 10, already receiving additional learning provision ( ALP) through school action or school action plus; children attending a maintained school or Pupil Referral Unit who are looked...
Planning policy The main source of planning policy is Planning Policy Wales ( PPW), with further guidance in Technical Advice Notes ( TANs), circulars, and planning circular letters issued for clarification. TANs encompass Mineral Technical Advice Notes ( MTANs), and the circulars cover pertinent material from the pre‑devolution Welsh Office alongside newer Welsh government publications. PPW outlines the Welsh government’s land‑use planning policies and, taken with the sources above, forms the national planning policy framework for Wales. Minerals policy is addressed in PPW Chapter 5 and in the MTANs. PPW’s core principles are implemented nationally, regionally and locally through the National Development Framework ( NDF), strategic development plans, and local development plans. Collectively, these documents constitute the statutory ‘development plan’ for an area. As noted in PPW, Place Plans are optional, non‑statutory documents that a local community may prepare (see below). Although PPW is not...
Background to the Future Generations Act First tabled in 2012, the Bill that ultimately became the Well-being of Future Generations ( Wales) Act 2015 ( WFG( W) 2015) initially bore the title ‘ Sustainable Development Bill’, a name that hinted at its wide purpose. The First Minister later rebranded it the ‘ Future Generations Bill’ to signal a shift in focus that brought the social and economic strands of sustainable development to the fore. Environmental groups argued that this change of name indicated a step back from the environmental sustainability aims highlighted during the early consultations. Welsh Government’s focus on sustainable development predates this legislation. Under section 79 of the Government of Wales Act 2006, Welsh Ministers are required to set out a scheme explaining how, in carrying out their functions, they will promote sustainable development. The Welsh Government’s scheme, ‘ One Wales: One...
are chiefly regulated by: the School Standards and Framework Act 1998 ( SSFA 1998) the Welsh School Admissions Code the School Admissions Appeal Code the Education ( Determination of Admission Arrangements) ( Wales) Regulations, SI 2006/174 the School Admissions ( Variations of Admission Arrangements) ( Wales) Regulations 2013, SI 2013/1140 the Education ( Admissions Appeals Arrangements) ( Wales) Regulations 2005, SI 2005/1398 Admissions authority For community or voluntary controlled schools, the local authority serves as the admission authority, unless the whole function has been delegated to the school’s governing body. See Practice Note: Categories of schools. In the case of foundation or voluntary-aided schools, the governing body is the admission authority. Where the local authority is the admission authority for a community or voluntary controlled school, the governing body is under a duty to put into effect any...
Landowners of contaminated land may opt to remediate voluntarily, rather than trigger formal action under Pt IIA of the Environmental Protection Act 1990 ( EPA 1990) legislation. Voluntary efforts should be promoted wherever reasonably practicable, provided the remediation reaches a standard at least broadly equivalent to that required by Pt IIA. Prohibition on serving remediation notices Where suitable remediation is being undertaken, or is due to be carried out, without the service of any notice, enforcement authorities are barred from issuing a remediation notice under Pt IIA in relation to that contaminated land......
Reasons for reporting greenhouse gas emissions Over the past decade, expectations on businesses and public bodies to disclose greenhouse gas ( GHG) emissions have steadily escalated, creating growing momentum for transparent reporting. Analyses of climate impacts—most notably assessments from the Intergovernmental Panel on Climate Change ( IPCC)—together with tangible extreme weather events across the real world, have sharpened this pressure by underscoring the urgent need to cut emissions. Global accords, including the 2015 Paris Climate Agreement and the UNFCCC Conferences of the Parties ( COP), further amplify the drive on organisations and authorities to curb GHG releases. For further detail on the Paris Agreement and recent COP gatherings, see Practice Note: The Paris Agreement 2015—snapshot. Within the UK, the Climate Change Act 2008 imposes binding obligations on government to cut national carbon emissions, including a statutory requirement for the UK to reach net zero carbon by...
This Practice Note outlines when a contract may be treated as void and the consequences that follow. It differentiates void, voidable and unenforceable agreements, and explores voidness arising from: common mistake, a unilateral mistake as to contractual terms where the other party is aware, mistaken identity, non est factum, and statutory avoidance, while also recognising illegality as a distinct category. For a tabular overview of illustrative judgments on contract law since 1 January 2020, see Practice Notes: Contract disputes—illustrative decisions (2026) Contract disputes—illustrative decisions (2024–2025) [ Archived] Contract disputes—key and illustrative decisions (2020–2023) [ Archived] When is a contract a void contract? A void contract is one with no legal effect whatsoever. A contract will be void where: the parties have contracted under a fundamental common mistake one party agrees on mistaken terms and the other party knows of that...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘ Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q& A on using electronic signatures and completing virtual executions, including ‘ Our position on the use of virtual execution and e‑signature during the coronavirus ( COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that stage. For more...
This practical guidance relates to the Procurement Act 2023 regime As of 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are operative. Competitions started on or after that date must proceed under PA 2023, while those launched under the prior instruments—the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and administered in accordance with that framework. This guidance concerns vertical and horizontal public procurement under PA 2023. For further background, see Practice Notes: Introduction to the Procurement Act 2023— PA 2023 and Procurement Act 2023 transitional and saving arrangements— PA 2023. For practical guidance on vertical arrangements (previously referred to as ‘ Teckal’ or ‘in-house’...
This Practice Note addresses the VAT treatment of partnerships, joint ventures and other vehicles in the context of property development and investment. It considers: companies, general partnerships, limited partnerships, limited liability partnerships ( LLPs), real estate investment trusts ( REITs), co-owners and joint ventures which entity must be VAT registered which entity should opt to tax the treatment of dealings between the parties contributions and distributions dealings with third parties Why does this matter? It is often not obvious how collaborative arrangements should be treated for VAT purposes, or who ought to charge VAT to whom. In some situations the position is genuinely uncertain, and the VAT supplies may fail to mirror commercial reality. It is therefore vital that contracts address the position...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Competitions launched on or after that date must proceed under PA 2023, while procurements initiated under earlier regimes — 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 and administered under those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Scope and application of the Utilities Contracts Regulations 2016 The Utilities Contracts...
Capturing a neat, universally agreed meaning of leadership is near impossible. We’ve all witnessed strong and weak leadership, yet when we try to nail what truly distinguishes an effective leader, we tend to produce a catalogue of behaviours rather than a tidy definition. In this Practice Note, we dig beneath the surface of leadership, examine how it contrasts with management, and highlight the core behaviours shown by outstanding leaders. The difference between management and leadership More effort has likely gone into drawing the line between a leader and a manager than almost any other management subject. Too often, such descriptions elevate the leader while diminishing the manager, which is unhelpful, as organisations need capable people in both disciplines to stay successful. A helpful analogy is this: the manager is at the wheel, aiming to travel from A to B; the leader sits beside them with the map,...
Gambling Act 2005 The Gambling Act 2005 ( GA 2005) establishes the principal regulatory structure for gambling across Great Britain. It applies to all forms of gambling save for the National Lottery and spread betting. While the National Lottery sits under a separate statutory system (see below), the Gambling Commission carries out regulatory duties for both the GA 2005 regime and the National Lottery. As a rule, children and young people are barred from gambling. Under GA 2005, a ‘child’ is anyone under 16; a ‘young person’ is someone aged 16 or 17. There are limited exceptions to this general ban, including the following: children and young people may take part in all private or non-commercial gaming and betting (e.g. school raffles, tombolas, church fetes, etc) young people may enter lotteries and football pools children and young people may use Category D gaming...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
Ambitions to cut the volume of waste sent to landfill, alongside technological progress, have prompted a new generation of waste infrastructure across the UK. Typically, there are two principal contracting models for such schemes: waste Private Finance Initiative ( PFI) and Public- Private Partnership ( PPP) infrastructure contracts; and merchant waste infrastructure contracts This Practice Note centres on waste PFI/ PPP infrastructure contracts. For background on waste projects, including common project types, see: Waste projects—overview. Waste PFI/ PPP projects Waste PFI/ PPP projects are long-term agreements between public sector bodies and a private sector provider, under which the public sector outsources its waste management services and waste to an operator that agrees to take some (or all) of that body’s waste. The private partner generally designs, builds, finances, maintains and operates the waste infrastructure assets and related services, and typically bears the...
This Practice Note addresses VAT zero-rating available to developers who sell or let residential buildings, other than dwellings, that they have built. Such properties are classed as buildings for a ‘relevant residential purpose’ ( RRP). For guidance on the zero-rating of dwellings, see Practice Note: Zero-rated sales and leases—person constructing a dwelling. Why does zero-rating matter? If zero-rating is not in point, the supply will ordinarily be exempt, meaning the developer is unable to reclaim VAT (ie input tax) on expenditure, including construction costs, professional fees and potentially the purchase of the site. For further detail, see Practice Note: When can a person recover VAT? There is also a zero-rating for constructing an RRP building, but only where the works are commissioned by the ultimate user, for example the operator of a care home. The zero-rating considered in this Practice Note is an...
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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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