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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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This flow chart outlines the planning application process, spanning pre-application, filing the application, LPA publicity and consultation, approval/refusal of permission, and the appeal to the Secretary of State......
ARCHIVED: This Practice Note is archived and not kept under review. The design and construction phase duties under the higher-risk building ( HRB) regime took effect on 1 October 2023, following a suite of secondary legislation laid by the government in August 2023. That legislation sets out transitional provisions identifying which HRB-related construction schemes must comply with the HRB regime’s regulatory requirements, and which continue under the previous building control regime and building regulations. A central element of these transitional rules is that, where parties notified a building control authority of proposals for HRB works before 1 October 2023 and then confirmed the works had ‘sufficiently progressed’ before 6 April 2024, those works are excluded from the HRB regime’s design and construction phase obligations. This Practice Note provides direction on the transitional provisions and the points parties need to assess when deciding whether their...
The Planning case tracker The Planning case tracker compiles significant 2024 judgments relevant to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker—2021, Planning case tracker—2022 and Planning case tracker—2023. December 2024 Judgment date: 20 December 2024 Case: Jones v Wrexham County Borough Council [2024] EWCA Civ 1603 Planning policy: The Court of Appeal confirmed that in Wales, as in England, the decision to adopt a local development plan ( LDP) recommended by an inspector is a matter for the democratically accountable planning authority’s discretion. There is no duty on the authority to adopt a plan recommended for adoption (with or without modifications) by an inspector. However, under sections 65 or 71 of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004), the Welsh Minister may call-in or...
An energy performance certificate ( EPC) An EPC assigns a property an energy efficiency band from A (most efficient) to G (least efficient). The rating arises from a complex calculation that examines multiple elements, including the building’s age, type and method of construction, together with its insulation and heating systems. For further details on what an EPC is and when it is required, see Practice Note: Energy performance certificates ( EPCs)—what are they and when are they required? The principal rules governing EPCs are the Energy Performance of Buildings ( England and Wales) Regulations 2012, SI 2012/3118 ( EPC Regs 2012) (as amended), and the Building Regulations 2010, SI 2010/2214, which implemented the requirements of the recast Energy Performance of Buildings Directive 2010/31/ EU (recast EPBD directive). The EPC Regs 2012 apply to all buildings in England and Wales. Before the 2012...
Energy from waste Energy from waste describes usable power created by treating or processing waste materials through a range of technologies. Recyclables should be extracted first, with energy then recovered from the remaining refuse before treatment. Incineration — in which the remaining waste is combusted and the captured energy used as electricity or heat. Pyrolysis and gasification — heat the feed with minimal or no oxygen to yield a gas either for power generation, or subsequently as a feedstock to make methane, chemicals, biofuels or hydrogen. Anaerobic digestion — microorganisms break down waste into methane-rich biogas that can be burned to produce electricity and heat, or upgraded to bio-methane. Best for wet organic or food wastes. A further output is biofertiliser. Landfill gas — by capturing the landfill gas produced at landfill sites as waste...
All waste sites, including energy-from-waste ( Ef W) and waste-to-energy ( Wt E) incinerators, are overseen to prevent or reduce risks to health or the environment. A comprehensive framework of regulations sets out how and where Ef W plants may operate in the UK. Who is responsible for regulating Ef W? Local authorities manage most small incinerators processing under one tonne of waste per hour. In England, the Environment Agency ( EA) regulates all plants burning hazardous waste, and other incinerators treating non-hazardous waste at rates above one tonne per hour. The EA also regulates Ef W facilities combusting municipal waste to keep emissions as low as possible, protecting the environment and human health. In Scotland and Wales, these roles are performed by the Scottish Environment Protection Agency ( SEPA) and Natural Resources Wales ( NRW), which are outside the scope of this Practice Note. For...
Brexit impact From 31 January 2020 (exit day), the UK left the EU as a Member State but moved into an implementation phase, during which the EU continued to treat the UK as if it were still a Member State for many purposes. At 11 pm ( GMT) on 31 December 2020, that Brexit transition/implementation period, established after the UK’s departure from the EU, came to a close. At this moment—known in UK legislation as ‘ IP completion day’—core transitional measures ended and changes started to apply across the UK’s legal framework. From that date, changes began to take effect across the UK’s legal regime. Any alterations pertinent to this content are outlined below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a new category of domestic UK law—retained EU law (...
Introduction This Practice Note examines planning matters relating to energy storage in England and Wales, including: the nature of development involved in energy storage modifications made to the planning regime for energy storage how, within that regime, energy storage schemes obtain consent in England and Wales the planning considerations relevant to consenting an energy storage scheme For additional insight on the regulatory challenges and opportunities for energy storage projects, see the textbook: Energy Storage: Legal and Regulatory Challenges and Opportunities. What is energy storage? Put simply, energy storage means capturing energy at one moment so it can be used later. It offers multiple advantages, supporting increased deployment of renewables such as solar, wind and tidal—whose generation may not coincide with peak need—and enhancing security of supply by creating a grid more robust to interruptions. How was energy storage dealt with in the planning regime for England and Wales...
Updated in partnership with Patrick Senior of Stephenson Harwood. Where requests under the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 are set out clearly and without ambiguity, the public authority has 20 working days to provide the information sought. For more on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where a request is unclear, the EIR 2004 requires the public authority to issue a refusal notice under regulation 12(4)(c) (that the request is formulated in too general a manner) within 20 working days, and at the same time offer advice and assistance to clarify the request so the authority can identify and locate the information requested. Reading objectively When deciding whether a request is unclear or ambiguous, a public authority must adopt an objective approach and take the wording at its face value. A request may be too...
Legislation Since 16 May 2017, environmental impact assessment ( EIA) for town and country planning matters has been regulated by the following instruments: The Town and Country Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the English EIA Regulations) in England; and The Town and Country Planning ( Environmental Impact Assessment) ( Wales) Regulations 2017, SI 2017/567 (the Welsh EIA Regulations) in Wales, together referred to as the ‘ EIA Regulations’. These EIA Regulations give effect in English and Welsh law to the amendments introduced by Archived Directive 2014/52/ EU to Archived Directive 2011/92/ EU relating to the assessment of the effects of certain public and private projects on the environment (as they applied immediately before IP completion day (11 pm on 31 December 2020)), insofar as they govern town and country planning matters. For guidance on how Brexit has affected the EIA regime, see...
Introduction When a proposed development calls for an environmental impact assessment ( EIA), that process typically examines how the project may influence protected habitats and species. Alongside this, the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations) create a distinct statutory regime focused on preventing adverse effects on those habitats and species. This Practice Note looks at how the EIA system and the habitats regime intersect and sets out the differences between their respective provisions. See also Practice Notes: Environmental impact assessments—key points Environmental impact assessment—screening and scoping Preparing an environmental statement Procedural requirements for environmental statements and decisions on EIA applications Appropriate assessment/habitats regulations assessment Derogations under the Habitats Regulations Key legislative framework EIA For town and country planning matters, EIA is regulated by: the Town and Country Planning (...
East Riding of Yorkshire Council has produced this Practice Note. It should be read alongside Practice Note: Design requirements in the planning system, which outlines the legal and policy framework governing design in the planning system. Preparatory stage Thorough preparation establishes a clear process for drafting and implementing a code, and helps secure buy‑in from key stakeholders. From the outset, define the parameters of the code. Will it operate across the whole authority or be tailored to a specific site? Alternatively, should it concentrate on a single design characteristic or aspect? Early, meaningful engagement with stakeholders—including local residents, agents, developers and planning officers—can fix initial boundaries and map the scope the code will need to cover. This early dialogue also highlights priorities that warrant inclusion. Review design guides and codes prepared by other authorities, then discuss which approaches will work in your area. Comparing examples can reveal what to adapt or...
What is a display energy certificate ( DEC)? DECs were brought in to increase public understanding of energy consumption and to inform visitors to public buildings about how much energy a building uses. A DEC sets out a building’s operational energy rating, graded from A to G, where A signifies very efficient and G indicates the least efficient. This rating is a numerical measure of the building’s actual yearly carbon dioxide emissions... The certificate is based on the metered energy consumed by the building over the previous 12 months that fall within the DEC’s validity. The operational rating is determined using a methodology approved by the Secretary of State and applied by an accredited energy assessor with a designated software tool. For further details on energy assessors, see Practice Note: Energy performance certificates ( EPCs)—energy assessor accreditation and energy...
The Infrastructure ( Wales) Act 2024 ( I( W) A 2024) received Royal Assent on 3 June 2024. From 15 December 2025, a single, unified consenting route for infrastructure was brought into force which, for specified categories of significant infrastructure projects, supersedes the Developments of National Significance ( DNS) process. This Practice Note sets out the DNS regime and the way it continues to apply under the transitional and saving provisions in I( W) A 2024, s 146 and supporting regulations. For details of the new infrastructure consent regime, see Practice Note: Infrastructure consent in Wales. Developments of National Significance in Wales Status of DNS following the Infrastructure ( Wales) Act 2024 From 15 December 2025, new proposals that fall within the significant infrastructure projects ( SIPs) categories in I( W) A 2024 will generally require infrastructure consent instead of planning permission under the DNS route. The DNS...
This Practice Note outlines the principal statutory models of development corporation used in England, their purposes, how they are brought into being, and the key powers and planning matters for practitioners advising promoters, landowners, local authorities and other stakeholders. What is a development corporation? A development corporation is a statutory body corporate established to deliver development, regeneration or a new settlement within a defined area, using a suite of powers that commonly includes land assembly, undertaking development, delivering infrastructure and, for some models, planning functions. Development corporations are constituted under different statutory routes. In England, the main models are provided by the New Towns Act 1981 ( NTA 1981), Part 16 of the Local Government, Planning and Land Act 1980 ( LGPLA 1980), and Part 8 of the Localism Act 2011 ( LA 2011). The selected route determines: who designates the area and...
This Flowchart sets out the application procedure for development consent orders ( DCOs) for nationally significant infrastructure projects under the Planning Act 2008, from pre-application, obtaining information about interests in the land, submission of the application, acceptance by the Secretary of State, pre-examination, examination, the Secretary of State's final decision and challenge. This flowchart explains the procedure for applying for development consent orders ( DCOs) for nationally significant infrastructure projects under the Planning Act 2008, covering pre-application stage, gathering details of interests in the land, submitting the application, acceptance by the Secretary of State, pre-examination, examination, the Secretary of State’s final decision, and challenge......
Protected areas and protected sites Under section 55(1) of the Town and Country Planning Act 1990 ( TCPA 1990), development is taken to include carrying out building, engineering, mining or other works in, on, over or beneath land, as well as any material change to the use of buildings or other land. Anyone who has acquired, or is considering acquiring, land for development, or who plans to undertake development activity, must first assess whether the land is a protected site or supports protected species. It is the developer’s duty to establish whether proposed works could impact a protected area or site. They should check, in advance, whether their proposals are likely to affect any such areas or sites at all. Protected areas and protected sites include: national parks—areas designated for their natural beauty and for the opportunities they provide for open-air...
Background and the Responsible Actors Scheme In the years after the Grenfell Tower disaster, the government stated it would hold the construction sector to account for behaviours that had led to fire safety flaws in homes, and would require those responsible to help ‘put right the problems they had caused’. To that end, in January 2022, the Secretary of State for Levelling Up, Housing and Communities ( DLUHC), Michael Gove, sent a letter to residential property developers, asking them to commit to remedy, or fund the remediation of, historic fire safety defects for which they were answerable (see: LNB News 10/01/2022 32). In April 2022, DLUHC asked leading residential developers to sign a pledge confirming the principle that leaseholders should not bear any costs linked to life-critical fire-safety remediation arising from the design, construction or refurbishment of buildings 11 metres and higher. By...
Introduction The Waste ( England and Wales) Regulations 2011, SI 2011/988 ( Waste E& W Regs 2011), represents a significant waste law, although not the only one. It brought many of the requirements of the Waste Framework Directive 2008/98/ EC, as amended ( WFD 2008), into domestic legislation within England and Wales......
The importance of design in development Design sits at the heart of the planning system for multiple reasons. It helps to deliver: high-quality place-making functional, usable proposals greater sustainability protection of an area’s local character active community engagement wellbeing within communities Giving design proper weight when preparing a planning application is essential in light of paragraph 139 of the National Planning Policy Framework ( NPPF), which makes clear that poorly designed development should be refused, particularly where it fails to reflect local design policies and government guidance on design, taking account of any local design guidance and supplementary planning documents such as design guides and codes—see ‘ LPA’s determination of planning application’ below. Design shapes every stage of the planning process, from policy and plan-making, through the determination of applications, to the post-approval phase. The principal policy and guidance on design in the planning system in England is found...
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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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