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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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Individuals making requests under the Freedom of Information Act 2000 ( FIA 2000) ought to be able to complain to the public authority if their information request is refused, in full or in part, or if they are dissatisfied with how the authority has dealt with it. While the FIA 2000 does not legally oblige authorities to operate an internal review process, the Freedom of Information Code of Practice (the Code) advises, as best practice, that every authority should adopt one. The Code is not enforceable in law, but it sets out guidance to help public authorities meet their duties under the FIA 2000. The Information Commissioner’s Office ( ICO) promotes adherence to the Code and can intervene or issue recommendations where standards are poor, even if the conduct does not amount to a breach of the FIA 2000. The Code requires that any...
Introduction The Community Infrastructure Levy ( CIL) is a tariff charged on development. Its statutory footing sits in Part 11 of the Planning Act 2008 ( PA 2008), which authorises the Secretary of State to make regulations to provide for CIL’s imposition. Those rules were introduced as the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL covers both England and Wales, though this Practice Note addresses only the method for calculating CIL in England for any planning permission issued on or after 1 September 2019 (or a liability notice, whenever served, relating to such a permission). For assistance on working out the CIL sum payable in Wales, and in England for a permission granted before 1 September 2019 or a liability notice, whenever served, for such a permission, see Practice Note: Community Infrastructure Levy (...
Declaratory judgment A declaratory judgment states the rights, responsibilities or obligations of parties in a dispute. It is legally binding but does not compel any party to act. A court may grant it on its own or alongside other remedies, such as an injunction, and it can be made on an application for judicial review. A key benefit is the considerable saving of costs by resolving a specific issue as a preliminary matter, avoiding further argument or helping to achieve a settlement. Declaratory relief may be sought within, or in place of, applications for the judicial review of decisions by tribunals or public bodies, including local planning authorities ( LPAs). It can provide a straightforward, cost-effective and flexible means to interpret legislation and promote good administration, without needing to overturn earlier determinations where that would be impracticable or...
Key legislation Environmental impact assessment ( EIA) safeguards the environment by obliging the planning decision‑maker, including a local planning authority ( LPA), when determining whether to grant planning permission for a project likely to have significant environmental effects, to take those likely significant effects into account in the decision‑making process within town and country planning matters as part of that decision‑making process. In the context of town and country planning, EIA is regulated by: the Town and Country Planning ( Environmental Impact Assessment) Regulations 2017 ( English EIA Regulations), SI 2017/571 in England; and the Town and Country Planning ( Environmental Impact Assessment) ( Wales) Regulations 2017 ( Welsh EIA Regulations), SI 2017/567 in Wales together, the ‘ EIA Regulations’. The EIA Regulations implement into English and Welsh law the changes introduced by Archived Directive 2014/52/ EU to Archived Directive 2011/92/ EU on assessing the effects of...
ARCHIVED: This Practice Note is archived and not maintained. What is the status of EU law in English law? EU law has formed part of UK law since the UK joined the European Economic Community in 1973. Accordingly, EU law can be relied upon in judicial review in the English courts: as a basis for contesting domestic law or a decision of a public authority to steer the interpretation of domestic legislation (primary or secondary) where domestic law or a public body’s decision rests on EU legislation that a claimant seeks to impugn as invalid The use of EU law in the English courts has also shaped judicial review procedure. This Practice Note primarily examines the effect of EU law on judicial review while the UK was an EU Member State. The final section, however, considers the position after the UK’s withdrawal from the EU. EU law was brought into UK...
UK implementation of EU Habitats Directive EU Council Directive 92/43/ EEC ( OJ L 206, 22.7.1992) concerning the conservation of natural habitats and of wild fauna and flora (the EU Habitats Directive), as it continues to operate within the EU, is predominantly transposed in England and the UK offshore area by: Part I of the Wildlife and Countryside Act 1981 the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations), which apply in England and Wales and their seas up to 12 nautical miles from the coast the Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013 (the Offshore Regulations), which apply in UK waters beyond 12 nautical miles from the coast and/or the Offshore Petroleum Activities ( Conservation of Habitats) Regulations 2001, SI 2001/1754 In this Practice Note, these instruments are collectively termed ‘habitats...
EU Council Directive 2009/147/ EC on the conservation of wild birds ( OJ L 20, 26.1.2010) Often termed the EU Birds Directive, this measure is one of two EU directives concerned with wildlife and nature conservation; the companion instrument is EU Council Directive 92/43/ EEC ( OJ L 206, 22.7.1992) on the conservation of natural habitats and of wild fauna and flora, widely known as the EU Habitats Directive. Together, the pair establish Natura 2000, a network of breeding and resting sites, and introduce additional safeguards for rare and threatened species and habitats. The EU Birds Directive was introduced to help the EU meet its commitments for bird species under the Convention on the Conservation of European Wildlife and Natural Habitats (the Bern Convention) and the Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention). It provides an...
This Practice Note sets out how building energy performance is controlled via Energy Performance Certificates ( EPCs), the circumstances in which EPCs are required, and the obligations under the principal EPC legislation—the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regs 2012), and the Building Regulations 2010, SI 2010/2214 ( Building Regs 2010)—which give effect to the recast Energy Performance of Buildings Directive 2010/31/ EU (recast EPBD directive). It forms part of a suite of notes on EPCs and the minimum energy efficiency requirements ( MEES). What is an Energy Performance Certificate ( EPC)? Buildings account for nearly 40% of the UK's energy use and carbon output, so knowing how to curb and manage that consumption is vital for meeting carbon reduction goals and cutting a building's operating costs. EPCs are designed to drive better energy...
Context An environmental impact assessment ( EIA) evaluates the potentially significant environmental consequences of a scheme. Certain categories of development require an EIA before planning permission can be issued. Through this process, the public and the local planning authority ( LPA) can understand the importance of predicted impacts and how they might be reduced prior to any decision. See Practice Note: Environmental impact assessments—key points. The outcomes are captured in an environmental statement ( ES). Producing an ES helps developers integrate environmental considerations at the project design stage. Carrying out a thorough and comprehensive EIA may enhance the likelihood of obtaining planning permission... Legislation and guidance EIA for town and country planning matters is governed by: the Town and Country Planning ( Environmental Impact Assessment) Regulations 2017 ( English EIA Regulations), SI 2017/571 in England, and the Town and Country Planning (...
Originally prepared in partnership with Freya Foster of Henderson Chambers Background The Environment Act 2021 ( EA 2021) obtained Royal Assent in November 2021 (see the Practice Note: Environment Act 2021—snapshot). It was brought forward to meet, in particular, section 16 of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), which required, among other matters, legislation to create an independent body delivering post- Brexit oversight, compliance, and enforcement of environmental law (see the Practice Note: Environment Act 2021—developments [ Archived] for a summary of EA 2021’s legislative history). The Office for Environmental Protection EA 2021, s 22 established the Office for Environmental Protection ( OEP), tasked with scrutinising, advising on, and enforcing environmental law as it applies to organisations and individuals exercising public law functions, e.g. central departments, ministers, regulators, and local authorities. Its remit also extends to certain private entities, such as water...
What is Energy from Waste ( Ef W)? Energy from waste ( Ef W) turns waste materials into a usable form of energy from a sustainable energy source. Outputs can include electricity, heat, gas and transport fuels (e.g. diesel). A variety of approaches are used, with incineration being the most familiar. Using waste as a fuel can deliver notable environmental gains: it offers a safe, cost‑effective route for disposing of waste and can help reduce carbon dioxide emissions. For further details on Ef W, see Practice Notes: Biomass and waste to energy projects—overview, Waste to energy—technologies, Regulation of energy from waste and Energy from waste—consents. What is environmental permitting? The Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154, as amended, ( EPR Regs 2016) require operators to obtain permits for certain facilities and to register others as exempt. They...
Grasping what counts as environmental information is central to environmental regulation, as it dictates whether an information request is handled under the Freedom of Information Act 2000 ( FOI 2000) or the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). Where the material sought fits the definition of environmental information, the request must be dealt with under the EIR 2004. This Practice Note explores the statutory meaning of environmental information and draws on published guidance and case law to illustrate when material has been deemed environmental, including disputed categories such as: financial viability assessments road tolling information information regarding a public authority's decision to dispose of land The Information Commissioner’s Office has issued a Guide to the EIR for staff in public authorities or those with day-to-day responsibility for environmental...
The Environmental Information Regulations 2004, SI 2004/3391, as amended ( EIR 2004), can expose businesses to the release of confidential commercial material. At the same time, EIR 2004 can be a route to obtaining commercially valuable data. The greatest exposure typically arises in two situations: (1) when a private company is treated as a public authority; or (2) when a private company deals with a public authority. This Practice Note sets out ways for businesses to reduce the risk of unwanted disclosure, and explains how they can use EIR 2004 to their advantage. For more on EIR 2004, see Practice Notes: Environmental Information Regulations 2004—what is environmental information? Environmental Information Regulations 2004—request for environmental information Environmental Information Regulations 2004—responding to a request Environmental Information Regulations 2004—clarifying requests Environmental Information Regulations...
This Practice Note explains the operation of environmental delivery plans ( EDPs) and the new nature levies established by Part 3 of the Planning and Infrastructure Act 2025 ( PIA 2025) for schemes in England, and includes practical guidance alongside an EDP due diligence checklist for developers. Speed read Part 3 of PIA 2025 reshapes environmental delivery within the planning system, moving emphasis from site‑specific mitigation towards more strategic programmes implemented through EDPs and a national levy across England. Lawyers must identify precisely where and how EDPs apply in particular proposals; advise developers on calculating levy liabilities and wider compliance costs with accuracy; and ensure ongoing adherence to environmental duties falling outside the EDP scope remains robust. Where participation in levies is optional, developers should preserve flexibility so costs, planning outcomes and reputational exposure can be controlled effectively. PIA 2025, Pt 3 is not yet operative and will commence via...
What is an Enterprise Zone? Enterprise Zones ( EZs) are specific land areas offering businesses a suite of advantages, intended to draw in new firms or encourage further investment by those already based there. Their scale differs widely, ranging from single business parks through to entire cities or wider regions. The core policy purpose of EZs is to trigger swift business investment over the short term, generate employment, and spark a surge of activity that typically endures for up to three years. To support this, the government provides targeted measures on business rates, relaxed planning rules, and broadband provision, making it simpler to operate within EZs......
Nationally significant waste water infrastructure The NPS outlines government policy on the provision of nationally significant waste water infrastructure in England. It steers decision making on development consent applications for waste water projects that meet the definition of a nationally significant infrastructure project ( NSIP) in the Planning Act 2008 ( PA 2008). See Practice Notes: National Policy Statements, Application procedure for nationally significant infrastructure projects, and Permission for nationally significant infrastructure projects for further background. Waste water—commonly referred to as sewage—is typically a combination of domestic waste water from baths, sinks, washing machines and toilets, together with waste water from industry. Waste water NSIPs, to which the NPS applies, are defined in PA 2008, s 29 as: the construction of waste water treatment plants in England that are expected, once constructed, to have a capacity exceeding a population equivalent of 500,000 the...
Versions of the National Planning Policy Framework ( NPPF) The first National Planning Policy Framework took effect in England on 27 March 2012, with immediate effect, supplanting all Planning Policy Statements and Planning Policy Guidance Notes, save for PPS10 ( Planning for Sustainable Waste Management, which was subsequently replaced by the National planning policy for waste). Its purpose was to streamline and make the planning system easier to navigate, safeguard the environment, and encourage sustainable growth. Archived Practice Note: The 2012 National Planning Policy Framework [ Archived] sets out an overview of the principal policies in the 2012 NPPF. A substantially reworked NPPF was issued in July 2018. It was quickly recognised that additional amendments were necessary to the 2018 NPPF, resulting in a revised edition published in February 2019. In February 2021, the government consulted on proposed changes to the NPPF to take...
ARCHIVED: This Practice Note has been archived and is no longer maintained. In a July 2024 consultation on revisions to national planning policy, the government stated it would not take forward the infrastructure levy. Consequently, this Practice Note is archived and is not being updated. What is the infrastructure levy? The infrastructure levy ( IL) was designed to reshape the system of developer contributions in England, replacing contributions made via planning obligations under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990) and the community infrastructure levy ( CIL) with a compulsory, more straightforward, locally set charge on new development. The detailed operation of IL would be prescribed through regulations. The objective of IL is to ensure that the costs of supporting an area’s development are met, at least in part, by landowners or developers, without rendering development in that area...
As set out in Practice Note: Building Safety Act 2022—key provisions and issues, the BSA 2022 brought in a stringent system of building control and allied legal obligations for ‘higher-risk’ buildings ( HRBs). For guidance on which assets are HRBs, see Practice Note: Building Safety Act 2022—what is a higher-risk building? Much of the operational detail is contained in the Building ( Higher- Risk Buildings Procedures) ( England) Regulations 2023, SI 2023/909 (the HRB Regulations). In tandem, the Building Regulations etc. ( Amendment) ( England) Regulations 2023, SI 2023/911, made under the BSA 2022, insert a new Part 2A into the Building Regulations 2010, titled ‘ Dutyholders and Competence’. Part 2A establishes defined dutyholder roles on construction schemes, prescribes the obligations they must observe, and sets competence standards for individuals and organisations eligible to act. Those obligations are directed at ensuring that, once...
The Planning case tracker is a compilation of key judgments from 2023 relevant to planning lawyers, presented in reverse chronological order. See also: Planning case tracker—2021 and Planning case tracker—2022. December 2023 20 December 2023 — R (on the application of Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero [2023] EWCA Civ 1517 Development consent orders: The Court of Appeal succinctly examined two recurring questions arising in appropriate assessment under the Habitats Regulations. The first concerned whether infrastructure for a utilities connection, essential to a development’s operation, could lawfully be treated as a separate project. The court held this was fact-specific and a matter for the decision maker’s judgment, and it upheld the Secretary of State’s view that the provision of potable water did not form part of the...
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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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