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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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Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note. To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed. Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land. This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements. What are street-opening powers? Section 10 and Schedule 4 of the...
On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...
The need for environmental protection Septic tanks and small sewage treatment plants handle domestic sewage where properties are not linked to the mains network. In England, waste water should be directed to the public foul sewer whenever doing so is reasonable. When judging reasonableness, the Environment Agency ( EA) considers relative cost, physical obstacles and environmental gains. It will typically deem connection reasonable where any boundary of the premises lies within 30 metres of a public foul sewer for a single domestic property, or within a distance calculated as 30 metres multiplied by the number of houses for multi-property developments. For premises that are not entirely domestic, the EA also applies a volume-based distance assessment. In Wales, private domestic sewage treatment within a sewered area is only allowed if connection to the public sewer is not feasible. Normally, Natural Resources Wales ( NRW) treats...
On 18 December 2025, the Planning and Infrastructure Act 2025 secured Royal Assent...
The core purpose of green belt policy is to curb urban sprawl by safeguarding land as permanently open. Openness and permanence are the defining features of green belts. Policy National policy for England’s green belts is contained in the National Planning Policy Framework ( NPPF). First issued on 27 March 2012, it has been superseded several times, most recently in December 2024. Under the NPPF, local planning authorities ( LPAs) must establish green belt boundaries and decide applications in line with its green belt policies. Inappropriate development is generally resisted unless very special circumstances can be shown such that the scheme’s benefits clearly outweigh harm to the green belt. The NPPF identifies forms of development regarded as appropriate within the green belt. This is supported by Planning Practice Guidance ( PPG) on the green belt, updated in February 2025 to reflect the...
This Practice Note sets out the appellate court’s power to award costs, including whether those costs may be assessed summarily and/or ordered on an indemnity basis, and whether costs incurred during an appeal can be recovered. It also examines the Supreme Court’s power to make costs orders, together with the specific provisions relating to skeleton arguments. In addition, it covers the respondent’s costs on applications for permission to appeal, as well as costs on settlement, disposal, dismissal or discontinuance of the appeal. For guidance on challenging a costs order, see Practice Note: Appeals against cost orders. This Practice Note does not address recovery of costs under a statutory appeal. Type of work undertaken on appeal The nature of appellate work typically means counsel’s fees are likely to surpass those of the solicitors. Where both counsel and solicitors are instructed on a short appeal, the...
Climate change litigation In recent decades, climate change has assumed increasing prominence. As science has advanced on the drivers of climate change and the present and expected effects of warming, impatience has mounted with the pace of law and policy‑making. This sits alongside ongoing international initiatives, notably the 2015 Paris Agreement, under which parties pledge to cut carbon dioxide and other greenhouse gas ( GHG) emissions so as to keep the rise in global average temperature well below 2.0 degrees above pre‑industrial levels, and to strive to constrain it further to 1.5 degrees. For further details, see Practice Note: The Paris Agreement 2015-snapshot. Consequently, litigants are turning more frequently to the courts, which are confronting climate arguments in diverse forms and fact patterns. Data released in July 2022 show that, in 2021, litigation continued to grow as a channel for climate action. Far from...
This Practice Note gives guidance on the scope and interpretation of section 38 of the Building Act 1984 ( BA 1984) The government signalled that BA 1984, s 38 would commence ‘alongside’ the legislative changes that took effect under the Building Safety Act 2022 on 28 June 2022, but no regulations have yet been published to commence it. Section 38 states that, where a duty set by the building regulations is breached and damage results, the breach is actionable. In effect, parties who do not comply with the building regulations may face civil liability. This Practice Note clarifies what the building regulations cover, who may bring or face claims under BA 1984, s 38, and the damages that might be recovered in a claim relying on s 38. The focus is on those regulatory provisions that prescribe standards for building work, where...
Nutrient pollution and Environment Act 2021 targets In March 2022, the Department for Environment, Food & Rural Affairs ( Defra) issued a policy paper titled ‘ Nutrient pollution: reducing the impact on protected sites’ (the Defra Policy Paper). It set out that England’s protected sites-covering Special Areas of Conservation and Special Protection Areas designated under the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations), together with Sites of Special Scientific Interest-are central to the government’s environmental ambitions, including meeting the Environment Act 2021 objective to stop species decline by 2030, consistent with Defra’s 25- Year Environment Plan. A major driver of deterioration in protected areas is harm from nutrient loading in watercourses. The issue is acute for freshwater environments and estuaries. Elevated nutrient concentrations (notably nitrogen and phosphorus) can accelerate the growth of certain plants, upsetting natural functions and...
Background to Planning Gateway One In the aftermath of the Grenfell Tower tragedy on 14 June 2017, the government asked Dame Judith Hackitt to lead the Independent Review of Building Regulations and Fire Safety. The review stressed the need to overhaul the fire and building safety system and advised that, when local planning authorities ( LPAs) consider planning submissions, certain minimum fire safety matters must be addressed with input from suitably qualified experts. From June 2019 to April 2020, the government consulted on ‘ Building a safer future: proposals for reform of the building safety regulatory system’. This introduced ‘ Planning Gateway One’ in England, comprising two principal elements: requiring developers to submit a fire statement, setting out fire safety considerations specific to the development, with any relevant application for planning permission involving one or more relevant buildings; and ...
The Planning case tracker compiles key 2022 judgments relevant to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker-2021. December 21 December 2022 R (on the application of LW Zenith Ltd) v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 3317 ( Admin) Permitted development: The Planning Court considered whether, when granting prior approval for a change of use from office to residential under Class O of the Town and Country Planning ( General Permitted development) ( England) Order 2015, SI 2015/596 ( GPDO), a condition could require completion of works under a separate planning permission for operational development. The court held that this was permissible on the facts. See News Analysis: Condition requiring completion of operational development can be imposed on prior approval ( Zenith v SSLHC) See: [2022] EWHC 3317 ( Admin) 20...
The Planning case tracker presents significant 2021 judgments of interest to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker-2020 [ Archived]. December 2021 20 December 2021 - R (on the application of Rights: Community: Action) v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 1954 Planning conditions: The Court of Appeal rejected the appellant’s challenge to the Administrative Court’s conclusion that the planning inspector erred in declining to attach conditions to a planning permission on the basis they were said to be unnecessary. Further analysis to follow... 16 December 2021 - R (on the application of Save Britain's Heritage) v City of London Corp (as local planning authority) [2021] EWHC 3561 ( Admin) Planning...
What is common land? The expression ‘common land’ generally refers to land over which rights of common exist: entitlements held by one or more commoners to take or use the land’s natural produce, exercised alongside one another and alongside the landowner. In many statutes, ‘common’ is framed more broadly, covering any land liable to be inclosed under the Inclosure Acts, as well as any town or village green. Halsbury’s Laws of England describes a right of common as a right held by one or more persons to take or use a portion of what another person’s soil naturally provides. Any part of that produce not lawfully taken by the commoners remains with the owner of the soil. The right is a profit à prendre, and must be distinguished from an easement which, although a right over another’s land, does not grant any share in that land’s...
This Practice Note centres on the planning regime for new nuclear build facilities. It outlines the policy foundations for consenting new nuclear plants, the routes for appeal and judicial review, and the effects of the UK’s departure from the EU on nuclear planning. For general information on nuclear licensing and regulation, see: Nuclear licensing and regulation—overview. Further consents, including licensing from the Office for Nuclear Regulation ( ONR), are covered in Practice Note: Operating under a nuclear site licence. Planning policy Energy National Policy Statements The government’s policy on major infrastructure is expressed through National Policy Statements ( NPSs), which are statutory documents made under the Planning Act 2008 ( PA 2008). NPSs guide the Secretary of State when determining development consent applications for energy infrastructure of national significance. Between late 2009 and early 2010, the government issued six draft NPSs for...
Robust spatial planning plays a key role in tackling climate change, as it can affect the release of greenhouse gases. Local planning authorities ( LPAs), along with other planning decision-makers, should make sure that safeguarding the local and wider environment is fully taken into account. Good planning can build resilience to climate change impacts through careful choices on the siting, mix, and design of development......
Read this Practice Note alongside Practice Notes: The statutory test for section 106 agreements and interaction with Community Infrastructure Levy ( CIL), and Drafting section 106 agreements—practical advice for developers. What can planning obligations do? Agreements under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990)—commonly called planning obligations or s 106 agreements—are entered into by developers or landowners together with local planning authorities ( LPAs) within the relevant area. They are tied to a planning permission and serve to render development acceptable where, in planning terms, it would otherwise not be acceptable without such control. Under TCPA 1990, s 106(1)(a)–(d), a person with an interest in land within an LPA’s area may enter into a planning obligation with the LPA to: limit how land is developed or used secure that particular operations or activities are carried out in, on, under or...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
What is the World Trade Organization ( WTO)? The WTO oversees trade agreements that regulate commerce between states. It is also a venue for governments to negotiate bilateral or multilateral trade agreements and to settle trade disputes, helping countries trade with as little friction and disruption as possible. For background reading on the WTO, see: WTO— Who we are and WTO— In brief. The WTO came into being on 1 January 1995, though its trading rules are older. The General Agreement on Tariffs and Trade ( GATT) has provided a framework for global trade in goods since 1948, amended through successive negotiating rounds. Talks in the mid-1980s and early 1990s, known as the Uruguay Round, sought to extend the system to services and intellectual property. That round concluded with an agreement signed on 15 April 1994 by most of the 123...
Right to enter land for survey purposes under CPA 1965 once compulsory purchase order is confirmed The Compulsory Purchase Act 1965 ( CPA 1965) authorises acquiring authorities to access land to undertake surveys, but only once a compulsory purchase order ( CPO) has been confirmed. Under CPA 1965, s 11(3), an acquiring authority may enter land (or any part of it) subject to compulsory purchase in order to: survey, value and take levels of the land probe or drill to discover the nature of the soil set out the line of the works, provided at least three and no more than 14 days’ notice is given to the owners or occupiers Owners or occupiers must be compensated for any damage caused by entry, and any dispute about compensation can be referred to the Upper Tribunal ( Lands Chamber). Right to enter, survey and value land under HPA 2016 before CPO is...
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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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