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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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Planning gain or betterment taxation Planning gain, often called betterment taxation, has been a fixture of England’s planning regime for many years. The principle is that developers should help meet the costs arising from the effects of their schemes, and/or pay a levy on part of the uplift in land value created by securing planning permission, to finance infrastructure needed locally by the development. Numerous efforts to implement betterment taxation have been tried over time. The most durable and effective mechanism is the agreement made under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990), commonly known as a section 106 agreement or planning obligation. Section 106 of the TCPA 1990 permits local planning authorities ( LPAs) to obtain both monetary and in-kind contributions from developers when issuing planning consent, so that a proposal is acceptable in planning terms. As section 106...
Relevant law Strategic environmental assessment ( SEA) is a structured process for evaluating the environmental implications of particular plans and programmes that are expected to exert significant environmental impacts. Bodies that draft and/or approve any such plan or programme must: analyse the probable significant environmental effects of implementing the plan or programme, consider reasonable alternatives, and compile a report setting out the conclusions of that analysis engage with environmental bodies and the public through consultation have regard to the report and the consultation outcomes during preparation and before the plan or programme is approved publish information on the adopted plan or programme and explain how the environmental assessment was taken into consideration SEA is regulated by the Environmental Assessment of Plans and Programmes Regulations 2004, SI 2004/1633 in England (the English SEA Regulations), and the Environmental Assessment of Plans and...
From 4 November 2024, Part 2 of the Historic Environment ( Wales) Act 2023 took full effect, separating the legislation on scheduled monuments for England and Wales. For more on scheduled monuments in Wales, see Practice Note: Scheduled monuments in Wales. What is a scheduled monument? A scheduled monument is an archaeological site or historic building of ‘national importance’, protected against unauthorised alteration. Scheduling aims to conserve such monuments and keep them as near to their original condition as practicable. Under the Ancient Monuments and Archaeological Areas Act 1979 ( AMAAA 1979), a ‘scheduled monument’ is any monument entered on the schedule compiled and maintained by the Secretary of State for Culture, Media and Sport. A monument includes any: building, structure or work, whether above or below the ground surface, and any cave or excavation site comprising the remains of any such building, structure or work, or of any cave or...
Deciding which approach to scheme amendments to take Once planning permission for development is issued, the scheme must be delivered in line with the decision notice, all conditions (including any approved plans cited within those conditions) and any related legal agreements. See Practice Notes: Planning conditions—key points and Planning obligations—key points. Yet amendments to a scheme are frequently required after permission is granted. This may arise from unforeseen events, shifts in the market, or simply because the design process is protracted and continues to evolve even post-consent. Some latitude may already be embedded within the permission. There is also scope, in very limited situations, to vary a scheme informally without a formal application to or approval from the local planning authority ( LPA) where changes are ‘immaterial’, see Lever ( Finance) and Midcounties Co-operative. If the necessary alterations are fundamental or...
What is the right to contest? The right to contest was announced by the Chief Secretary to the Treasury on 8 January 2014. It offers a route for anyone to request the sale of publicly owned land or buildings that appear surplus or redundant where they could generate stronger economic value. Introductory guidance explaining how the right functions and the steps applicants must follow, together with a standard application form, has been published by the Treasury and the Cabinet Office. Purpose The government holds or occupies a considerable volume of surplus or redundant land that Ministers believe could be better utilised. The right is designed to unlock this supply of previously inaccessible developed land. By disposing of central and local government sites or property that are not being used, the government aims to release locations for more productive economic activity, supporting local growth—for instance by...
ARCHIVED: This archived Practice Note outlines the principal changes to national planning policy arising from the revised National Planning Policy Framework issued on 24 July 2018 (the 2018 NPPF) and on 19 February 2019 (the 2019 NPPF). It is provided for background purposes only and is not maintained. The 2019 NPPF incorporates all national planning policy changes introduced by the 2018 NPPF and includes some further minor amendments. Since this Practice Note was produced, the NPPF has been updated again in July 2021, September 2023 and December 2023. This Practice Note is supplementary to Practice Note: The National Planning Policy Framework. Background The government first sought views on revisions to the NPPF in December 2015, followed by additional consultation within the Housing White Paper of February 2017. A consultation on planning for the right homes in the right places then took place in...
Registration authorities Applications to register a town or village green ( TVG) must be lodged with the registration authority for the land in question. In most cases this will be the county council, a unitary authority, a metropolitan district council, or a London borough. Where the land falls within more than one registration area, submit the application to the authority in whose area the majority of the land is situated. Legislation and guidance Legislation Section 15 of the Commons Act 2006 ( Co A 2006) sets out the statutory criteria for registration (see Practice Note: What is a town or village green?— Statutory requirements for registration). For most of England, procedure on applications is governed by the Commons ( Registration of Town or Village Greens) ( Interim Arrangements) ( England) Regulations 2007, SI 2007/457 (the English CR Regulations). However, applications made to pioneer...
Ministers may ‘recover’ planning appeals for their own determination. In such cases, rather than the inspector issuing the final decision, they prepare a report with a recommendation on how the appeal ought to be decided. The Secretary of State/ Welsh Ministers then reach the decision on the appeal, taking the inspector’s advice into account. Do not confuse recovery with ‘call-in’, where ministers take over the original application from the local authority. See Practice Note: Call-in by the Secretary of State. When does recovery take place? Recovery can happen at any point in the appeal up to the moment the inspector issues their decision, including after a site visit, a hearing, or an inquiry has already occurred. What appeals can the Secretary of State/ Welsh Ministers recover? The Secretary of State/ Welsh Ministers have set out criteria describing the kinds of appeals they may choose to recover for their own...
UNESCO backs the Ramsar convention focused on conserving and using wetlands. UNESCO estimates that over 64% of the world’s wetlands have vanished since the start of the last century. In most parts of the world, wetlands continue to shrink, undermining the benefits they deliver for people. Wetlands are marshes, fens, peatlands or waters, whether natural or artificial, permanent or temporary, with water that is still or flowing, fresh, brackish or salt, including marine areas where the depth at low tide does not exceed six metres. Wetlands of international importance are designated under the Ramsar Convention. These may also include riparian zones (banks of a stream, river, pond or watercourse) and neighbouring coastal areas, as well as islands or bodies of marine water deeper than six metres at low tide that lie within the wetlands. Ramsar Convention The Ramsar Convention is an...
A sewerage undertaker owes a general obligation under section 94(1) of the Water Industry Act 1991 ( WIA 1991) to secure that the area for which it is responsible is, and remains, effectually drained. That obligation is enforceable solely by Ofwat under WIA 1991, s 18. Consequently, to make sure domestic requirements of premises are satisfied by connection to the principal sewerage network within a reasonable period, developers, or owners and occupiers of existing premises, have a right to requisition sewers or lateral drains to meet those needs under s 98 of the Act, provided the financial provisions set out in s 99 (as amended by the Water Act 2014 ( WA 2014)) are observed. Making a requisition A requisition begins with the formal service of a notice on the sewerage undertaker requiring provision of a sewer or a lateral drain. Only the owner or...
Scope of the public sector equality duty ( PSED) Aim of the PSED Set out in section 149 of the Equality Act 2010 ( Eq A 2010), the public sector equality duty ( PSED) aims to confront systemic discrimination and disadvantage faced by people with certain protected characteristics by weaving the promotion of equality and good relations into the routine functions of public authorities and other bodies subject to the duty. Scope of the PSED In performing their functions, public authorities must have due regard to the need to: eliminate discrimination, harassment, victimisation and any other behaviour prohibited by or under the Eq A 2010 advance equality of opportunity between those who share a relevant protected characteristic and those who do not foster good relations between persons who share a relevant protected characteristic and persons who do not The relevant protected...
( PROW) are highways that give the public a lawful right to pass. They hold the same legal status and protection as highways and continue until formally closed, diverted or extinguished. It is a criminal offence to obstruct a PROW. Identifying PROW early can help avoid possible delays to development or issues when selling properties. Local authorities have a legal duty to keep all PROW accessible to the public and can use enforcement and bring prosecutions to make sure PROW stay open... Types of PROW Although a PROW must be open to everyone, the right to use a specific PROW is confined to certain classes of user. The main categories are: a carriageway—over which the public have a right of way on foot, riding on or accompanied by a beast of burden, and with vehicles and cattle a...
Since the arrival of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, commentators have argued that releasing information risks curbing candid and open policy debate within public authorities. Claims of a chilling effect on discussion, and the necessity of a safe space for debate, are usually presented within the public interest considerations advanced by authorities seeking to apply a qualified exemption to an information request. Key illustrations are FIA 2000, s 35 (formulations of government policy, etc), FIA 2000, s 36 (prejudice to effective conduct of public affairs) and EIR 2004, reg 12(4)(d) and (e) (exceptions to the duty to disclose environmental information). Both safe space and chilling effect arguments concentrate on the need to shield internal deliberation and the decision-making process. What is meant by a ‘chilling effect’ and by ‘safe...
Introduction To frame why protected nature sites are essential, the UK State of Nature Report (2023) confirmed that wildlife across the UK continues to dwindle. There has been marked attrition of plants, animals and fungi. The Report identifies the leading drivers of this downturn as development, patterns of land use and agriculture, climate change, unsustainable fishing, and activity at sea linked to development. In the same vein, the Secretary of State for Energy Security and Net Zero, in his ‘ State of Climate and Nature’ statement to the House of Commons on 14 July 2025, observed that climate change and the degradation of nature are inseparable and exacerbate one another. Around the world, species are being lost at a rate far exceeding any other period in human history. In Britain, one quarter of mammals and almost half of bird species now face...
Context Numerous statutory regimes confer compulsory purchase powers for defined aims on designated bodies (see Practice Note: Sources and limits of compulsory purchase powers). Ordinarily, authority to compel acquisition is given through a compulsory purchase order ( CPO). The specified body, known as the acquiring authority, makes the order, which is then confirmed by the confirming authority—either the minister empowered to authorise compulsory acquisition, an inspector appointed to act on the minister’s behalf, or in certain circumstances the acquiring authority itself. This Practice Note concentrates on the steps for promoting a CPO governed by the Acquisition of Land Act 1981 ( ALA 1981). ALA 1981 covers the majority of compulsory acquisitions undertaken by public bodies. Distinct procedures can, however, apply where compulsory acquisition is embedded within development consent orders under the Planning Act 2008 ( PA 2008). That route is outside the scope of this...
This Practice Note This Practice Note outlines the statutory obligation on the relevant authority, under the Wildlife and Countryside Act 1981 ( WCA 1981), to maintain the Definitive Map in continual review. It sets out the circumstances that may justify a modification, and indicates who will commonly seek a modification order. It also describes how to make a Definitive Map Modification Order ( DMMO), highlighting the proper form, the supporting material required, and the decision-making steps taken by the Definitive Map authority. The subsequent formal steps after a DMMO are also covered, identifying which authority must carry out each task. The purpose of the Definitive Map and Statement (‘ Definitive Map’) of public rights of way, and allied matters, is that it is conclusive. Yet, despite its definitive status, it is not immutable. The local highway authority (the County Council or a Unitary...
When do you need to apply for planning permission under the Town and Country Planning Act 1990? Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), consent is required for the undertaking of any development of land. TCPA 1990, section 55(1) defines “development” as: the execution of building, engineering, mining or other operations in, on, over or under land; or any material change in the use of buildings or other land Accordingly, planning permission is needed for operational development and for material changes of use. See Practice Notes: Operational development and Material change of use. Who can apply for planning permission? Any person may submit a planning application for the development of land; ownership of the site is not required. However, before the application is lodged, the applicant must notify the freehold and leasehold owners of the land...
When can a decision be appealed? Most local authority determinations on planning applications, and other planning matters, can be challenged by way of appeal. This Practice Note focuses chiefly on appeals concerning planning application outcomes. For guidance on appeals relating to enforcement notices, listed building consent, advertisement consent, the community infrastructure levy, hazardous substances consent, prior approval, lawful development certificates and tree preservation orders, see Practice Note: Appeals against other planning decisions. You may appeal where the local planning authority ( LPA) has: refused planning permission granted permission with conditions the applicants regard as unreasonable refused any consent, agreement or approval required by a planning condition, or granted it but subject to conditions approved the details of a scheme subject to unreasonable conditions taken more than eight weeks to determine the application (13 weeks for a larger...
Permitted development in England The Town and Country Planning ( General Permitted Development) Order 2015, SI 2015/596 (the GPDO) grants a range of permitted development rights ( PD rights) in England for works within the curtilage of a dwellinghouse. Where these rights apply, there is no requirement to obtain permission from the local planning authority ( LPA) before carrying out the works. For broader context, see Practice Note: Permitted development in England. The Planning Portal also offers interactive guidance for householders on when residential PD rights are engaged... What residential extensions are permitted development? The enlargement, improvement or other alteration of a dwellinghouse constitutes permitted development under GPDO, SI 2015/596, Sch 2 Pt 1, Class A, subject to specified exceptions, limitations and conditions. The GPDO, SI 2015/596, art 2 defines a “dwellinghouse” as excluding any building containing one or more flats, or any flat within such a...
What is a Local Listed Building Consent Order? Local Listed Building Consent Orders ( LLBCOs) are issued by local planning authorities ( LPAs) in England and provide listed building consent for any type of work to alter or extend (not demolish) listed buildings within their jurisdiction. As a result, owners and developers avoid lodging repeated consent applications for works encompassed by an LLBCO. Duration of an LLBCO There is no statutory limit on how long an LLBCO may run. Nevertheless, Historic England recommends LPAs apply a time limit so that the order continues to uphold suitable conservation standards and reflects the building’s special interest. In practice, while not legally required, Historic England advises selecting a duration that suits local circumstances. Procedure for making an LLBCO The process LPAs must follow when creating an LLBCO is prescribed in the Planning ( Local Listed Building Consent Orders) (...
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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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