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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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Meaning of ‘highway’ At its widest, a highway is a way—being a defined route such as a road, bridleway or footpath—over which the public may pass and re-pass. ‘ Highway’ and ‘public right of way’ are often treated as the same, though ‘highway’ more usually denotes the physical corridor rather than the entitlement itself. For instance, a route used by motor vehicles would typically be described as a ‘highway’ rather than a ‘right of way’. Right of passage Once a route is a highway, the public acquire a right to go to and fro along it. That right is limited by the highway’s type: footpaths and pavements permit travel on foot; bridleways allow use on horseback; and vehicular roads cater for movement with or without vehicles. Classes of highway a carriageway, including a byway open to all traffic (for use on foot, horse, cycle, motorised and...
This Practice Note identifies the traffic authorities empowered to manage highway traffic across the highway network under the Road Traffic Regulation Act 1984 ( RTRA 1984), and outlines a traffic authority’s obligations in relation to road traffic. It sets out how that duty is discharged by making Traffic Regulation Orders ( TROs) pursuant to the RTRA 1984, and the situations where approval from the Secretary of State or the Welsh Ministers is required, where necessary and appropriate, before an Order is made. What is a Traffic Regulation Order? A TRO is a formal order or byelaw issued by a traffic authority specifying the type and scope of traffic restrictions within a particular locality......
Permitted development rights for telecommunication development Certain types of telecommunication works, eg mobile telephone masts, qualify as permitted development, meaning planning permission is therefore not generally required in practice. For more information and guidance, refer to Practice Notes: Permitted development in England, Permitted development rights and the prior approval system, and Permitted development in Wales. In England, from 4 April 2022, specific permitted development rights for telecommunications were broadened, following a consultation, to advance the UK’s ambition for nationwide gigabit-capable broadband and 4G coverage, with 5G available to most of the population, by 2030. See: LNB News 07/03/2022 53. These revisions are reflected within this Practice Note where relevant. What, then, is permitted?......
What are site waste management plans? Site Waste Management Plans ( SWMPs) were created to bring stronger rigour and openness to tracking waste movements across numerous schemes in the property and construction industry. First adopted as a best practice tool, they later gained effect via the Site Waste Management Plans Regulations 2008 ( SWMP Regulations), SI 2008/314; these were then repealed in 2013 under the Government’s ‘ Red Tape Challenge’, returning SWMPs to a non-statutory status. Despite this, many organisations still operate some form of SWMP, viewing it as an industry norm for the efficient identification, classification and control of wastes (and materials) higher up the waste hierarchy and prior to site works commencing (so that benefits can be realised from design etc to eliminate or plan to re-use wastes). As such, they remain widely referenced as an industry standard for...
A developer of a housing estate or another facility will normally need to install sewers and drains to manage both domestic sewage and surface water effectively. Sections 21 and 22 of the Building Act 1984 empower a local authority to insist that drains are connected to sewers in certain circumstances clearly defined. Construction specifications Where a sewerage undertaker judges that a proposed sewer could be required as part of its wider sewerage network, it may, where appropriate, insist that the developer—excluding a railway, canal, dock or harbour undertaker carrying out works on its own land—constructs it to the undertaker’s own specification. Any such stipulation must not conflict with, or go beyond, the standards prescribed under s. 106B of the Water Industry Act 1991 ( WIA 1991). Please note that in Wales, the relevant parts of s 106B, inserted by section 42 of the Flood and Water...
STOP PRESS: On 1 August 2023, the Cabinet Office unveiled three new collections of standard contract documents, comprising updated templates and accompanying guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. Further direction on adopting these standards is provided in a supplementary Procurement Policy Note ( PPN). PPN 08/23: Using Standard Contracts applies to central government departments, executive agencies and non-departmental public bodies, all of which have been urged to implement the standard contract forms ‘as soon as practicable’. Other public sector organisations are also encouraged to follow the approach set out in PPN 08/23, recommending the use of the standard contracts for all relevant procurements, rather than using bespoke contracts, unless there is an existing government framework or an industry standard contract already in place (for example, for construction projects). Where appropriate, adopting the standard contracts aligns with...
Context Compulsory purchase powers permit designated bodies, called acquiring authorities, to take land without the owner’s consent where Parliament has conferred authority, so that the body can deliver defined functions in the public interest. A person whose land is taken compulsorily will ordinarily be entitled to compensation. These powers exist only by virtue of statute. Numerous enabling provisions appear across Acts of Parliament; each will set out which body or bodies may acquire land and/or rights over land by compulsion, and the purposes for which acquisition is permitted. Typically, such provisions empower public authorities and government departments to obtain land and/or interests in land needed to perform their functions, but they do not delineate the particular plots to be acquired. Even where an acquiring authority benefits from enabling powers, it must still draft, make and secure confirmation of a specific CPO...
Background Decommissioning nuclear sites means addressing redundant plants that have finished their working lives. Planning for this work runs in parallel with the licensing framework overseen by the Office for Nuclear Regulation ( ONR). Its goals are to return the land to a condition suitable for alternative use, and to achieve both de-licensing and de-designation of the site. ONR identifies two decommissioning strategies used or considered in the UK: Immediate dismantling removes structures and radioactive materials soon after shutdown, aiming for swift release from nuclear regulatory oversight and constraints on future use. Deferred dismantling places the facility, including some or all radioactive material, into a safe storage state once nuclear fuel has been taken out. The plant is then decontaminated and taken down later, often several decades...
This Practice Note does not derive from legislation or formal government guidance or policy; instead, it outlines how local planning authorities may handle section 106 monies in ordinary everyday practice. The context of grant funding in the section 106 process Under section 106 of the Town and Country Planning Act 1990, authorities can request financial contributions from developers towards the costs of delivering community and social infrastructure that becomes necessary as a consequence of a new development coming forward. This funding is often referred to as 'section 106 monies'. Section 106 monies can be used for facilities where new schemes have, at least in part, created the need for those facilities. See Practice Note: Planning obligations—key points. Eligibility for section 106 grant funding The section 106 grant scheme is available to all community-based organisations operating on a not-for-profit basis, including charities, community interest companies,...
Circumstances in which the duty to give reasons for planning decisions arises In 2013, the statutory obligation on local planning authorities ( LPAs) to provide reasons when granting planning permission was removed. Nevertheless, there remain situations in which a duty to give reasons for granting or refusing planning permission arises, either under specific statutory provisions or through the common law ‘filling the gap’. The main categories of planning decisions where reasons must, or may, be provided are: Decisions by the Secretary of State (including those delegated to inspectors): following an inquiry or hearing on appeals determined by written representations in relation to call-in decisions Decisions at any level on applications for...
For more hands-on guidance on pivotal legal matters in the wind sector, consult the textbook Wind: Projects and Transactions for practical depth and context, for further reading and reference. What is onshore wind energy generation? Onshore wind energy is produced by installing wind turbines on land to harness moving air so as to turn it into electricity. As air streams past the blades, the rotor spins, thereby driving the generator within the nacelle and converting kinetic energy to electrical power. Wind turbines have five principal components, namely: rotor blades rotor hub generator (housed in the nacelle) tower foundation Further essential features of onshore wind schemes include cabling usually buried underground, a substation linking the project to the national grid, and an access road or track enabling construction, decommissioning and maintenance vehicles to reach the site during all project...
Works to trees Generally, operations to trees do not amount to development for the purposes of section 55 of the Town and Country Planning Act 1990 ( TCPA 1990), so planning permission is not normally needed (see Practice Note: Operational development). Nevertheless, TCPA 1990, s 197 places a duty on the local planning authority ( LPA) to: secure, where appropriate, that when granting planning permission for any development, adequate arrangements are made, via conditions, for the safeguarding or planting of trees; and make such tree preservation orders ( TPOs) as the LPA considers necessary in connection with granting that permission Accordingly, any tree works must accord with relevant planning conditions and, where trees are subject to a TPO, certain operations are prohibited without the LPA’s consent (see below: Protecting trees through tree preservation orders). In addition, TCPA 1990, s 211 (and...
Orders made under the Transport and Works Act 1992 ( TWA 1992) are statutory instruments that can authorise guided transport schemes and certain other infrastructure in England and Wales. Under TWA 1992, a promoter may apply to the Secretary of State ( So S) in England or the Welsh Ministers in Wales for a TWA Order, which grants powers to construct and operate a guided transport scheme, including compulsory purchase to obtain land and rights required for the scheme. Types of scheme covered by TWA Orders railways and tramways trolley vehicle systems externally guided buses, monorails and other specified guided transport inland waterways works that affect rights of navigation in waters up to the limits of the territorial sea, including bridges, piers, barrages, tunnels and offshore wind farms In 2022, following consultation, the government confirmed it would proceed with plans to broaden the scope of TWA 1992, creating a...
Self-build and custom housebuilding ( SCH) forms a significant and recognised strand of the government’s overall housing planning approach and strategy. The Self-build and Custom Housebuilding Act 2015 ( SCHA 2015) enables people who intend to create their own home to register their interest in acquiring land with the relevant authority, which must: keep and maintain an SCH register have regard to the demand for SCH, as evidenced by the registers kept by the authority, when exercising certain functions, including those relating to planning and housing What is self-build and custom housebuilding? Under SCHA 2015, s 1, self-build and custom housebuilding covers cases where an individual, a group of individuals, or persons acting with or for individuals or such groups, construct or complete houses to be occupied as homes by those individuals. Planning Practice Guidance ( PPG) expands on this by stating that, in judging whether a home is a...
STOP PRESS: The Planning and Infrastructure Act 2025 received Royal Assent on 18 December 2025. This content is presently being reviewed in line with the Act. What is section 36 of the Electricity Act 1989? Section 36 of the Electricity Act 1989 ( EA 1989) places a statutory obligation on anyone proposing to construct, expand or operate an electricity generating station to secure consent from the ‘appropriate authority’—that is, the Secretary of State ( So S), Scottish Ministers or Welsh Ministers, depending on the location—unless an exemption applies. Exemptions exist for particular capacities and types of generating stations, for example onshore wind stations in England and Wales, and projects authorised under other legislative consents such as the Planning Act 2008 ( PA 2008). With the advent of the development consent regime under PA 2008, the need to seek consent under EA 1989, s 36 has been...
What is offshore wind energy generation? Offshore wind energy generation captures the movement of air using turbines placed in open waters, most commonly at sea. These offshore turbines feature blades that turn a rotor connected to a generator, mounted on either fixed or floating foundations and secured to the seabed. As the wind rotates the rotor, the generator transforms that mechanical motion into electricity, which is then delivered to the electrical grid via underwater cables for use by end-users. While offshore and onshore wind farms have much in common, a notable difference is how steadily they can produce power. Output from wind is largely driven by wind conditions, which can vary widely. At sea, wind flow faces fewer obstacles and is therefore generally stronger and more consistent, so offshore turbines are engineered to harness this—offering far higher capacities, typically 8–12 megawatts ( MW), compared with...
Importance of ( WHSs) The UK has ratified the Convention Concerning the Protection of the World Cultural and Natural Heritage (the Convention). The World Heritage List is curated by the World Heritage Committee. World Heritage Sites ( WHSs) are locations, landscapes, monuments or structures whose Outstanding Universal Value is recognised by humanity as a whole. Signatories to the Convention are obliged to identify, safeguard and conserve effectively their WHSs for future generations. Examples in the UK include Stonehenge, Kew Gardens, Maritime Greenwich, Canterbury Cathedral, Saltaire, Hadrian’s Wall, Jodrell Bank, the Slate Landscape of Northwest Wales, and the entirety of the City of Bath. UNESCO designation alone does not of itself impose extra statutory controls. Nevertheless, in England and Wales, protection arises via the planning system—as outlined below—and through overlapping designations, as components of WHSs are frequently listed buildings (see Listed...
ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note is not kept up to date. It provides guidance on the workplace parking levy, a charge imposed on occupiers of car parking spaces made available for staff. It covers: the scope of workplace parking levy licensing schemes; statutory requirements for the content of schemes; the provider’s liability; penalty charges; representations and appeals; and payment and recovery processes. Under Chapter 12 of the Transport Act 2000, certain local traffic authorities have the power to bring in workplace parking levy licensing schemes, enabling them to charge the occupier of premises for a licence for car parking spaces (‘licensed units’) that are occupied by motor vehicles and supplied for use by: a relevant person employees, agents, suppliers, business customers or business visitors of a relevant person pupils or students...
Contents of training materials These training resources comprise slides and speaker notes designed to introduce trainees, junior lawyers, lawyers from other practice areas, or clients to the basics of when planning permission is needed in practice. They address: definition of 'development' operational development, including demolition, alteration and rebuilding material change of use what does not constitute development lawful development certificates permission in principle They......
Planning policy The main source of planning policy is Planning Policy Wales ( PPW), with further guidance in Technical Advice Notes ( TANs), circulars, and planning circular letters issued for clarification. TANs encompass Mineral Technical Advice Notes ( MTANs), and the circulars cover pertinent material from the pre‑devolution Welsh Office alongside newer Welsh government publications. PPW outlines the Welsh government’s land‑use planning policies and, taken with the sources above, forms the national planning policy framework for Wales. Minerals policy is addressed in PPW Chapter 5 and in the MTANs. PPW’s core principles are implemented nationally, regionally and locally through the National Development Framework ( NDF), strategic development plans, and local development plans. Collectively, these documents constitute the statutory ‘development plan’ for an area. As noted in PPW, Place Plans are optional, non‑statutory documents that a local community may prepare (see below). Although PPW is not...
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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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