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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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National policy 25- Year Environment Plan —the 25- Year Environment Plan outlines the government’s commitments to enhance the environment within a generation. The Environmental Improvement Plan 2023 ( EIP 2023) for England was the first statutory update to the 25- Year Environment Plan under the Environment Act 2021 ( EA 2021). On 1 December 2025, it was replaced by the Environmental Improvement Plan 2025 ( EIP 2025), now the current environmental improvement plan for EA 2021 purposes. EIP 2025 renews the long-term framework for achieving environmental outcomes, revises the interim targets in EIP 2023 and adds two new interim targets. EIP 2025 is pertinent to waste planning as part of the broader policy to improve resource efficiency and drive the move to a more circular economy, complementing the Resources and Waste Strategy and the Waste Management Plan for England (see...
What is the vacant building credit? Under national planning policy in the National Planning Policy Framework ( NPPF), to encourage the reuse of brownfield land, where empty buildings are brought back into use or redeveloped, any affordable housing payment due on that redevelopment should be reduced in proportion to the floorspace of the existing buildings. This reduction is referred to as the vacant building credit. The vacant building credit applies only in England. Its purpose is to lessen affordable housing contributions sought in development. It does not diminish other planning obligations, and it is distinct from the way the Community Infrastructure Levy ( CIL) is calculated. What is the background to the introduction of the vacant building credit? The vacant building credit was announced in England on 28 November 2014 through a written ministerial statement, alongside an exemption from affordable housing...
Change of use and development under the TCPA 1990 For the purposes of section 55 of the Town and Country Planning Act 1990 ( TCPA 1990), any material alteration in the use of buildings or other land is treated as “development”. As development requires planning permission, it is therefore always necessary to assess whether a proposed change of use is material and so amounts to development. However, TCPA 1990, s 55(2)(f) states that no development occurs, and permission is not needed, where the existing and proposed uses both fall within the same class specified in an order made under that paragraph. For instance, switching from a post office to a hairdresser would not need planning permission, as each sits within class A1 (shops). That said, physical works to the premises to enable the new use may still call for planning...
Material change of use and the Use Classes Order Any material change in how buildings or other land are used is treated as ‘development’ for the purposes of section 55 of the Town and Country Planning Act 1990 ( TCPA 1990). As development requires planning permission, it is always necessary to assess whether a change of use is material and therefore amounts to development. However, TCPA 1990, s 55(2)(f) states that a change of use is not development, and so does not need planning permission, where both the previous and proposed uses sit within the same class specified in an order made under that paragraph. The Town and Country Planning ( Use Classes) Order 1987 (the Use Classes Order), SI 1987/764, is an order made pursuant to TCPA 1990, s 55(2)(f). It places uses of land and buildings into broad categories set out in the...
ARCHIVED: This Practice Note is archived and no longer maintained. Role of the National Infrastructure Commission The National Infrastructure Commission ( NIC) was established on an interim basis on 5 October 2015 to consider the UK’s future requirements for nationally significant infrastructure, to help keep the UK competitive within the G20, and to give investors greater certainty by adopting a long‑term approach to major investment choices facing the country. See News Analysis: Trains, planes and automobiles—the birth of the National Infrastructure Commission. The NIC is now a permanent institution that offers government independent, expert advice on major long‑term infrastructure challenges. In October 2021, the government issued a Charter for the NIC—updating the original 2016 version—alongside an updated NIC Framework (see: — Status and operation of the NIC below) and a remit letter. The Charter sets out that the NIC’s aims are to: support...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
ARCHIVED: This Practice Note has been archived and is not maintained. The Infrastructure and Projects Authority (' IPA') released the National Infrastructure Delivery Plan 2016–2021 (' NIDP') on 23 March 2016. It set out investment plans for infrastructure projects and programmes throughout the UK to 2020–2021 and beyond. It also explained the government’s approach to financing, procurement, delivery and monitoring of those initiatives. The NIDP replaced the National Infrastructure Plan (' NIP'), first issued in October 2010 and subsequently updated. For further details on the NIP, see Practice Note: The National Infrastructure Plan [ Archived]. Unlike the NIP, the NIDP included commitments for social infrastructure alongside housing and regeneration, as well as investment in 'economic infrastructure'. On 23 March 2016, the IPA also brought forward the Government Construction Strategy 2016–2020. For more information, see Practice Note: Government Construction Strategy 2016–2020 [...
Marine planning in the UK Part 3 of the Marine and Coastal Access Act 2009 ( MCAA 2009) underpins marine planning across the UK. Under MCAA 2009, devolved administrations act as the responsible marine planning authorities for their inshore and offshore waters, except for Scottish and Northern Ireland inshore waters, as marine planning for these areas is already provided for by the Marine ( Scotland) Act 2010 and the Marine Act ( Northern Ireland) 2013 (not available in Lexis Library). MCAA 2009 introduced a framework for safeguarding and managing the marine environment. It: set up a strategic marine planning regime that defines local and national objectives and priorities for the seas, supplying the policy basis for licensing choices revised licensing requirements and processes for specified activities in the marine area created the Marine Management Organisation ( MMO) as the...
Following the UK’s EU membership referendum on 23 June 2016, in which 52% backed leaving the EU, the government formally published the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). The Act set out a suite of legislative measures linked to the UK’s departure from the EU, aimed at keeping the statute book workable after Brexit. As a general position, overall, broadly, the legal framework in force immediately after exit day—11 pm on 31 January 2020—mirrored that in place before exit day, and continued to do so until the implementation period completion date of 11 pm ( GMT) on 31 December 2020 ( IP completion day)......
Planning Act 2008 The Planning Act 2008 ( PA 2008) established a distinct development consent system in England and Wales for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. It was introduced to simplify, and provide greater certainty for, the consenting route for infrastructure considered to be of national importance. Where development is, or includes, an NSIP, a development consent order ( DCO) under PA 2008 is required instead of planning permission under the Town and Country Planning Act 1990 ( TCPA 1990). PA 2008 identifies NSIPs as specified categories of project set out in section 14, with Part 3 of PA 2008 prescribing additional qualifying criteria for each category. When those criteria are satisfied, the project is an NSIP and the consent process must follow PA 2008; the local planning authority for the area hosting the...
Registration of land as a town or village green ( TVG) Registering land as a town or village green ( TVG) can block development and severely limit its use. Even where applications to register a TVG fail, they can create delay and uncertainty for delivery. Aware of these effects, the government has introduced limits on TVG applications where planning permission is sought for development, or where the land is allocated in development plans. While these measures support developers, landowners and promoters must still treat the risk of TVG registration with care. Objectors also frequently deploy other or alternative tactics to hinder schemes. This Practice Note offers guidance to property buyers and developers on TVGs. It covers: the criteria for registering land as a TVG the consequences of TVG registration how objectors use applications to block, discourage or delay schemes the...
This Practice Note This Practice Note considers changes to the register of town and village greens ( TVGs) through correction, rectification and deregistration across England and Wales, covering both pioneer and non‑pioneer areas. It also refers to commons where the position mirrors that for TVGs or is otherwise pertinent. However, it remains important to identify where material distinctions exist between village greens and commons... For guidance on: the meaning of a TVG and the statutory tests for registration, see Practice Note: What is a town or village green? the procedural steps for submitting an application to register a TVG, see Practice Note: Town and village greens—making an application to register a TVG the effect of TVGs on development proposals, see Practice Note: Town or village greens—property development the creation and registration of common land, see Practice Note: Creation and...
This index signposts practical guidance on the principal provisions of the Town and Country Planning Act 1990 ( TCPA 1990), organised section by section. Part III— Control over development Meaning of development TCPA 1990, s 55— Definition of ‘development’ and ‘new development’ Operational development Material change of use Demolition and related planning considerations Permitted development in England Use Classes Order—application in England Local Development Orders Use Classes Order—application in Wales Applying for planning permission—procedure Works to trees, tree preservation orders, and trees in conservation areas Permitted development rights and the prior approval regime Permitted development in Wales Section 106—statutory test and interaction with the Community Infrastructure Levy ( CIL) Environmental impact assessment—screening and scoping CIL—administration, trigger points, liability and payment Environmental impact...
ARCHIVED : This archived Practice Note was prepared by reference to the earlier/old Electronic Communications Code (the previous Code) and, where premises might be affected by telecommunications leases governed by the previous Code, it flags drafting considerations and due diligence points where relevant. Nevertheless, its substance still has relevance for the purposes of the transitional arrangements in the new Code. It is not updated and is supplied solely as background information purposes only. The new Code (found in Schedule 3A, Part 1 to the Communications Act 2003) took effect on 28 December 2017. Under the transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, subsisting agreements made under the previous Code (ie an agreement pursuant to paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the previous Code) continue to...
Introduction to Su DS In natural landscapes, rainfall is caught by vegetation or seeps into the soil, depending on ground conditions, until the soil’s ability to absorb water is surpassed. When that threshold is crossed, surface runoff begins. In commercial or industrial schemes that replace green areas with buildings and hardstanding, interception and natural infiltration are removed or restricted, driving up runoff volumes. Heavy or long-lasting rainfall can therefore create substantial runoff and degrade water quality. Without suitable management this can lead to flooding and pollution, so well-considered drainage design is essential to prevent harm on site and further downstream. Su DS provide an alternative to conventional piped drainage for handling site rainfall run-off and have featured in flood risk policy across the United Kingdom for at least 15 years. The legal basis for Su DS in relation to major...
Background Chapter 4 of the Levelling-up and Regeneration Act 2023 ( LURA 2023), which obtained Royal Assent on 26 October 2023, adds sections 61QA to 61QM into the Town and Country Planning Act 1990 ( TCPA 1990). These provisions establish a new route for planning consent called street vote development orders ( SVDOs), enabling local residents to put forward development on their own street and then ballot on whether planning permission should be granted. SVDOs will confer planning permission for defined street areas in England. At present, and only for limited purposes, TCPA 1990, ss 61QA–61QM are commenced in so far as they confer powers to make regulations and for certain minor and consequential changes set out in LURA 2023, Sch 9. Otherwise, they have not yet taken effect; they will commence on a date to be appointed, with subsequent...
ARCHIVED: This Practice Note is archived, not maintained, and provided for background reference only. Starter homes policy 2014 starter homes consultation In December 2014, the government set out plans for a new Starter Homes initiative, starting a consultation on planning changes to back the delivery of 100,000 additional low-cost homes for young first-time buyers. It observed that rising house prices left ‘too many hard-working people in their twenties and thirties’ unable to get onto the property ladder, and proposed to: introduce a national Starter Homes exception sites policy so homes could be built on underused or unviable brownfield land, not presently allocated for housing, on both public and private sites secure, via planning obligations or conditions, that newly built Starter Homes were only available to purchase or occupy by young first-time buyers and sold at least 20% below open market value remove duties on...
Small HMO as a separate use class A house in multiple occupation ( HMO) describes a home lived in by three to six people who are not related, sharing essential amenities. For planning purposes, this sits in Use Class C4 under the Town and Country Planning ( Use Classes) Order 1987, SI 1987/764 (the Use Classes Order). For further guidance, refer to Practice Notes: Operation of the Use Classes Order in England and Operation of the Use Classes Order in Wales......
Drains A ‘drain’ is a system used to carry away wastewater from a single building, or from any buildings or yards appurtenant to buildings within the same curtilage. The term also extends to its accessories, for example: manholes pumps ( See the accessories definition below.) Whether something like a terrace constitutes ‘one building’ for these purposes is a matter of fact. ‘ Curtilage’ means land so closely associated with a building that it forms part and parcel of it. Lateral drains A ‘lateral drain’ is the portion of a drain that runs from the curtilage of a building (or buildings or yards within the same curtilage) to the sewer with which the drain connects, or is intended to connect. Alternatively, where context makes a difference, it is the part of a drain specified in a declaration of vesting under section 102 of the Water...
Planning obligations under the Town and Country Planning Act 1990, s 106 Under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990), parties may enter into planning obligations. These obligations place duties on developers and local planning authorities ( LPAs), typically linked to a particular development for which planning permission is sought, though this need not always be the case. Purposes of planning obligations Section 106(1)(a)–(d) of the TCPA 1990 specifies four legitimate purposes. Any obligation placed on a developer, whether by agreement or otherwise, must be grounded in one of these. limit the development or use of land in a defined manner require specified works or activities to be undertaken on the land stipulate that the land is used in a particular way oblige payment of a sum to the authority on set dates or at...
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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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