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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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The Building Safety Act 2022 ( BSA 2022) contains extensive provisions and paves the way for significant changes to the law on building safety. For an overview of the reforms introduced by BSA 2022 and its principal measures, see Practice Note: Building Safety Act 2022—key provisions and issues. Parts 3 and 4 of BSA 2022 establish the framework for a new regulatory system for ‘higher-risk buildings’ ( HRBs), meaning buildings that are at least 18 metres tall or have a minimum of seven storeys and contain at least two residential units. By amending the Building Act 1984 ( BA 1984), Part 3 allows the creation of a stringent building control regime applying to the design and construction of works to HRBs. Part 4 of BSA 2022 imposes extensive risk-management and reporting obligations on those responsible for occupied HRBs. Together, these measures are known as the HRB...
What is a design and access statement? A design and access statement ( DAS) is a succinct document that accompanies particular applications for planning permission and for listed building consent. It sets out the thinking and design principles behind the scheme, and explains how matters of access to and within the development have been addressed. Regulations prescribe specific components that every DAS must contain. As a tool, DASs give applicants and their design teams a structure to show their dedication to high-quality design and to securing accessibility within their schemes. They describe why the proposal is an appropriate response to its site and surroundings, and to statutory duties and policy requirements. A carefully prepared DAS can support decisions by helping local planning authorities ( LPAs) and consultees grasp the assessment that informed the scheme’s design. In principle, this should smooth...
Purpose of Practice Note This Practice Note explores the idea of biodiversity net gain ( BNG). Drawing on expertise from a specialist consultancy, it explains how the compulsory BNG regime is presently being applied on the ground. It does not describe the legislative framework for BNG; that is contained in Practice Note: Biodiversity net gain in England, which ought to be used alongside this Note. How does biodiversity net gain work in practice? This Practice Note aims to answer the following questions: How are biodiversity units ( BU) derived? What constitute good practice principles for BNG? What does the BNG process usually entail? What frequent obstacles arise when implementing BNG? How are biodiversity units calculated? Calculating baseline biodiversity units BNG adopts habitat type and condition as a stand-in for total biodiversity value, expressed as BU and computed via the Statutory Biodiversity Metric ( SBM). BU are divided, where relevant to a site, into...
This Practice Note outlines the legislative foundation, character and role of the definitive map and statement that a highway authority must maintain for the public rights of way within its area, under the Wildlife and Countryside Act 1981 ( WCA 1981). It describes the authority’s obligation to keep the map and statement under continual review, to update and amend them when needed, and the events and orders that will necessitate alteration of the map and statement. It also details the procedures for making a modification order, whether commenced by the authority or prompted by an application to the authority from another party. It clarifies what triggers a review and how alterations are implemented. Statutory basis and effect Each highway authority is required to compile, and keep under review, a definitive map and statement ( DMS) of the public rights of way in its area. The map...
Acquiring authorities frequently dispose of land obtained through compulsory purchase. This often follows their role in assembling the interests required to enable a scheme, after which, once the compulsory purchase order ( CPO) is implemented, the land is passed to a developer to deliver the project. Sometimes, however, land taken via a CPO later proves surplus to requirements. In those circumstances, an acquiring authority may wish to, or be obliged to, dispose of the land. The Crichel Down Rules require that, in certain situations, surplus government land acquired by, or under the threat of, compulsion is offered back to former owners, their successors, or to sitting tenants. The Rules are non‑statutory, although, as noted below, the courts expect compliance where they apply. In England, the Crichel Down Rules are set out in the Ministry of Housing, Communities and Local Government guidance on ‘’ (the...
What are conservation covenants? In essence, conservation covenants are voluntary, private undertakings between a landholder and a responsible organisation or body, for example a conservation charity or a public authority. Their purpose is to safeguard the natural environment and heritage assets for the benefit of the public at large. They stipulate duties tied to the land itself and bind present and future owners, offering the prospect of enduring conservation outcomes and benefits. A common illustration is a farmer committing to manage a woodland and permit public access, with oversight by a local woodland charity or similar body. They are viewed as complementing statutory or policy-led designations—such as Sites of Special Scientific Interest or National Parks—by enabling the private protection of land with conservation merit that sits outside the public designation regime. Part 7 of the Environment Act 2021 ( EA 2021) addresses...
Conservation areas in Wales Up to 4 November 2024, planning rules on conservation areas in Wales were governed by the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023), which commenced on 4 November 2024, consolidated and superseded legislation concerning the historic environment in Wales, including conservation areas. Part 4 of HE( W) A 2023 sets out the statutory requirements for conservation areas in Wales. For details on the conservation area enforcement and criminal liability regime in England, see Practice Note: Conservation area enforcement and criminal liability regime in England. Be aware that the case law in that Practice Note addresses P( LBCA) A 1990 as it applied in Wales before HE( W) A 2023 came into effect. Whether it continues to inform...
What are conservation areas? A conservation area is a place recognised for its special architectural or historic significance, where safeguarding or improving its distinctive character and appearance is considered desirable and necessary. Managing such areas equips local planning authorities ( LPAs) with a practical means to protect whole neighbourhoods, assessed on the particular architectural or historic merits of the buildings within them. Compared with listing individual structures, the conservation area framework casts a wider protective net across places, though the accompanying restrictions are generally less burdensome and prescriptive. Designation exists to prevent developments that would erode an area’s character and identity. Consequently, planning controls operate more strictly inside conservation areas than beyond their boundaries. Legislation, policy and guidance Up to and including 4 November 2024, Welsh law on conservation areas was contained in the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A...
What are conservation areas? Conservation areas are sections of neighbourhoods identified under the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990) as places of particular architectural or historic significance, whose character or appearance it is desirable to preserve or enhance. Managing these areas equips local planning authorities ( LPAs) with a means to safeguard parts of a place on an area-wide basis, assessed by the special architectural or historic interest of buildings within that setting. The conservation area framework affords wider protection than listing single buildings, though the resulting constraints are usually less heavy-handed and prescriptive. The aim of designation is to prevent the area’s character being eroded by certain forms of development. Planning controls are therefore tighter within conservation areas than beyond them elsewhere in a...
Context A confirmed compulsory purchase order ( CPO) takes effect on the day the confirmation notice is first published, save where it is caught by special parliamentary procedure (see Practice Note: Compulsory purchase—special categories of land). The confirmation notice must be published within six weeks from the date the CPO is confirmed; see Practice Note: Consideration and confirmation of a compulsory purchase order, including making objections, public inquiries, hearings and written representations. Nonetheless, confirmation of a CPO neither transfers title in the land affected to the acquiring authority nor permits that authority to enter into possession. The acquiring authority must bring the CPO into effect by taking affirmative action to exercise the powers it confers. Acquiring authorities should be able to evidence reasonable efforts to secure the land by agreement in the shadow of a CPO, having first ensured they hold the...
Contents of training materials These training materials include slides and speaker notes to familiarise trainees, junior lawyers, lawyers in other practice areas, or clients with the essentials of promoting a compulsory purchase order ( CPO). They address: who can promote a CPO the steps required to make a CPO challenges to a CPO implementing a CPO compensation They are intended for a general, rather than specialist, audience. For instance, they might be used to introduce......
Context Numerous statutory provisions empower specified bodies to undertake compulsory purchase for particular purposes; see Practice Note: Sources and limits of compulsory purchase powers. Authorisation is usually granted by a compulsory purchase order ( CPO). The designated body (the acquiring authority) makes the CPO, which must then be confirmed by the confirming authority—either the minister with the power to authorise the compulsory acquisition, an inspector appointed by that minister to act instead, or, in some instances, the acquiring authority itself. This Practice Note concentrates on the process for submitting a CPO for confirmation, and on the consideration and confirmation of a CPO, including the lodging of objections, public inquiries, hearings and written representations for a CPO to which the Acquisition of Land Act 1981 ( ALA 1981) applies. The steps involved in promoting a CPO up to the point of...
Role of the Upper Tribunal ( Lands Chamber) (the Tribunal) The Tribunal is a dedicated chamber within the Upper Tribunal, created to resolve disputes about land and its valuation in England and Wales, and to hear appeals against decisions of certain other tribunals. Its remit includes determining compensation issues arising from compulsory acquisition and injurious affection; disagreements over compensation connected to tree preservation orders; questions on the validity of blight and purchase notices; appeals concerning certificates of appropriate alternative development; and other land valuation disputes where the parties have agreed to refer the case to the Tribunal for it to act as arbitrator. For guidance on compensation linked to compulsory purchase, see Practice Note: Compulsory purchase—compensation. Rules and Practice Directions The tribunals system is a dispute resolution service that supports, and is part of, the wider court system. It is administered by HM Courts &...
The Planning Act 2008 ( PA 2008) brought in development consent orders ( DCOs) for nationally significant infrastructure projects ( NSIPs). Under this framework, compulsory acquisition powers can be authorised within the DCO itself, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This position applies to schemes in England. For projects in Wales, where compulsory acquisition is needed for associated development, a distinct compulsory purchase order must still be pursued. For further background, see: Compulsory acquisition for NSIPs—introduction and principles. This Practice Note proceeds on the basis that the inclusion of compulsory acquisition powers in the draft DCO has already been decided, and examines the draft compulsory acquisition provisions and accompanying material for the DCO application, together with the procedure following acceptance of the DCO application by the Examining Authority ( Ex A) under PA 2008. See also...
What is the community right to bid? The community right to bid was brought in by sections 87–108 of the Localism Act 2011 ( LA 2011). It allows local community groups to put forward buildings or land for the local authority to list as assets of community value. When a building or parcel of land on such a list is proposed for sale or its ownership is to change, a moratorium on the disposal, lasting for up to six months, can be triggered. This pause provides community groups with an opportunity to make a bid to buy the asset on the open market and, during that period, to work up a proposal for its future. Crucially, the legislation does not grant the community a right to purchase the asset, and there is no right of first refusal. Rather, the effect is simply to create time and an...
Considerations for developers Check whether the LPA has adopted a charging schedule for CIL CIL only becomes payable where the relevant local planning authority ( LPA) has adopted a charging schedule setting out the community infrastructure levy rates. In the absence of such a schedule, the LPA cannot impose CIL. If adopted, the schedule should appear on the LPA’s website. See Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. Check whether the development is liable to CIL Most new development is CIL-liable if it: comprises 100 sq m or more of gross internal floorspace, or creates a single dwelling (even below 100 sq m), unless a discretionary relief applies, namely: social housing relief charitable relief exceptional circumstances relief These reliefs must be applied for; the provisions governing relief applications must be followed to ensure the development benefits. See Practice Notes:...
Context Community Infrastructure Levy The Community Infrastructure Levy ( CIL) is a charge on development that local planning authorities—acting as charging authorities under Part 11 of the Planning Act 2008—are empowered to impose within their areas. Once an authority opts to levy CIL, it must put in place a charging schedule specifying the rates at which the levy will be applied. Planning permissions granted—or treated as granted under general permitted development rights—after the charging schedule takes effect are CIL-liable, unless a relevant exemption or relief is available. This Practice Note focuses solely on social housing relief. For other exemptions and reliefs, see Practice Notes: Community Infrastructure Levy ( CIL)—exemptions for minor development, residential annexes and extensions and self-build housing; Community Infrastructure Levy ( CIL)—exceptional circumstances relief; and Community Infrastructure Levy ( CIL)—exemptions and relief for charities. The CIL framework is set out in the...
STOP PRESS: The English Devolution and Community Empowerment Bill gained Royal Assent on 29 April. This material is being reviewed to align with the Act. Introduction The Community Infrastructure Levy ( CIL) is a charge applied to development. Its statutory basis is Part 11 of the Planning Act 2008 ( PA 2008), empowering the Secretary of State to make regulations to impose CIL. Those regulations are the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies in England and Wales. Who charges and collects CIL? CIL is set by ‘charging authorities’ for development within their area. Under PA 2008, s 206, the local planning authority ( LPA) is the charging authority. However: within Greater London, the Mayor of London is also a charging authority alongside the Borough Councils across the Broads, the Broads Authority is the sole charging authority on the Isles of...
Introduction The Community Infrastructure Levy ( CIL) is a charge applied to development. Its statutory foundation lies in Part 11 of the Planning Act 2008 ( PA 2008), which permits the Secretary of State to make regulations providing for the imposition of CIL. That power was exercised through the Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations). CIL operates in both England and Wales. It is set by ‘charging authorities’ for certain development of land within their areas and is collected by ‘collecting authorities’. For further detail on charging and collecting authorities, and the circumstances in which CIL becomes payable on development, see Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. The CIL Regulations also include enforcement mechanisms, allowing collecting authorities to levy a range of...
Context Community Infrastructure Levy The Community Infrastructure Levy ( CIL) is a developer contribution that local planning authorities—acting as charging authorities under Part 11 of the Planning Act 2008—may impose on development within their jurisdiction. For a summary of the CIL framework, refer to Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when CIL is triggered, and when and by whom CIL must be paid. Once an authority chooses to levy CIL, it must bring forward a charging schedule that specifies the rates at which the charge will be applied. From the date that schedule is adopted, any planning permission granted, or treated as granted under general permitted development rights, becomes liable for CIL, save where one of several exemptions or reliefs is available. This Practice Note focuses solely on relief available to charities or for charitable purposes. For alternative reliefs and...
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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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