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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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Purpose of listing Listing primarily exists to safeguard buildings of notable architectural or historic significance, together with their surroundings, from alterations that would materially affect the importance of the buildings or their setting. Once a place is listed, any proposed works to the fabric or features of the buildings may require listed building consent, on top of any separate requirement for planning permission, and non‑compliance with the listed building controls can lead to criminal sanctions and formal enforcement action. For the purposes of the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990), a listed building means a building which is, for the time being, entered on a list compiled under P( LBCA) A 1990 (see ‘ What can be/is listed?’ below)......
Flood and Water Management Act 2010 The Flood and Water Management Act 2010 ( FWMA 2010) was introduced to achieve: more comprehensive control of flood risk for households and businesses protections against increases in surface water drainage charges security of water supplies for consumers For more information see Practice Notes: Flood management and drainage—responsible bodies and Flooding— UK policy and legislative framework. The FWMA 2010 was commenced by orders of the Secretary of State and Welsh Ministers, each bringing specific provisions into force. It empowers the organisations tasked with flood management to carry out their functions. This Practice Note concentrates on flood risk management powers for Lead Local Flood Authorities ( LLFAs). For who is responsible, see Practice Note: Flood management and drainage—responsible bodies. For more on the FWMA 2010, see Practice Note: Flooding— UK policy and legislative...
This Practice Note It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance......
Highway authorities have a statutory obligation to act to prevent, so far as practicable, the stopping up or obstruction of highways within their areas. This Practice Note sets out guidance on obstructions under the Highways Act 1980 ( Hi A 1980) arising from placing building works, scaffolding or skips on the highway. For broader coverage of highway obstruction, see Practice Note: Obstruction of highways. For details of the tools available to local authorities to address highway obstructions, see Practice Notes: Local authority powers to manage highway obstructions—criminal offences and Local authority powers to manage highway obstructions—civil remedies. Licences for building works, scaffolding and skips Positioning scaffolding, hoardings or skips on the highway (including pavements) constitutes an obstruction and may amount to a nuisance. Under Hi A 1980, s 137(1), a person who, without lawful authority or excuse, wilfully obstructs free passage along a highway commits an...
Legislation and guidance Hazardous substances consents ( HSCs) are overseen by the Planning ( Hazardous Substances) Act 1990 ( P( HS) A 1990), the Planning ( Hazardous Substances) Regulations 2015 ( PHSR 2015), SI 2015/627, and the Planning ( Hazardous Substances) ( Wales) Regulations 2015 ( PHSWR 2015), SI 2015/1597. Nuclear installations and radioactive substances are subject to a separate suite of statutory controls. In England, the government has published Planning Practice Guidance ( PPG) on hazardous substances, which explains how relevant planning controls apply to the storage of hazardous substances in England and how to handle development proposals around hazardous establishments in England. The Health and Safety Executive ( HSE) has also produced further guidance on hazardous substance consents, including HSE’s role as a statutory consultee on relevant applications for HSC. Purpose of hazardous substance consents Owners and operators wishing to hold stocks of...
Practice Note This Practice Note offers a concise outline of the planning framework for hydraulic fracturing, commonly referred to as fracking, in England. Although the approach is broadly comparable in both Scotland and, in particular, Wales, notable distinctions exist following recent constitutional reforms within the UK. Moreover, the devolved governments have introduced an effective policy prohibition on fracking in their territories. This Practice Note does not attempt to examine those divergences herein. Through a Written Ministerial Statement ( WMS) in November 2019, the government formally stated that, having considered scientific evidence, it would presume against granting any additional hydraulic fracturing consents. Activity has not been permitted to advance in England in light of scientific analysis released by the Oil and Gas Authority ( OGA) on 2 November 2019 thereafter. In April 2022, as part of the British energy security strategy 2022, the...
Introduction The EU‑ UK Trade and Cooperation Agreement ( TCA) is the accord between the European Union ( EU) and the UK that took effect on 1 May 2021 after Brexit. It sets out preferential arrangements across core areas of EU‑ UK relations, covering trade in goods and services, digital trade, intellectual property, public procurement, aviation and road transport, energy, fisheries, social security coordination, law enforcement and judicial cooperation in criminal matters, thematic cooperation, and participation in EU programmes. These arrangements are supported by commitments to a level playing field and the protection of fundamental rights. The EU entered into the TCA under Article 218 of the Treaty on the Functioning of the European Union. In the UK, the European Union ( Future Relationship) Act 2020 ( EU( FR) A 2020) established a framework enabling the TCA to be implemented by...
ARCHIVED: This Practice Note is archived and is not being maintained or updated. Procuring major transport schemes obliges the procuring authority to address a broad spectrum of matters from the outset, at the very start of the process, notably securing every necessary planning consent and permission for the scheme. This Practice Note highlights key issues likely to arise when tackling these demands, and how they may best be approached. Town and Country Planning and other approvals Land use consent is needed to sanction the scheme’s build and operation. Associated powers may also be required to: compulsorily acquire land and interests to build and run the scheme override existing rights that could enable third parties to obstruct the scheme amend existing highways, commons and waterways authorise interventions affecting heritage assets (listed buildings, scheduled ancient monuments) authorise measures such as tolling make...
Introduction The Community Infrastructure Levy ( CIL) is a tariff imposed on development proposals. Its statutory footing lies in Part 11 of the Planning Act 2008 ( PA 2008), which enables the Secretary of State to make regulations providing for the imposition of CIL. That power was given effect through the Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies in both England and Wales; however, this Practice Note explains how to calculate CIL in Wales, and in England where planning permission was granted before 1 September 2019, or where a liability notice, whenever issued, concerns such a permission. For guidance on calculating the amount of CIL due in England for permissions granted on or after 1 September 2019 (or a liability notice, whenever issued, relating to such a permission), see Practice Note: Community...
Conditions requiring further approval of details Planning permission can be granted subject to conditions, which may include obligations to secure later approval of additional matters. In England, the Planning Practice Guidance ( PPG) on the use of conditions stresses that local planning authorities ( LPAs) should keep to a minimum conditions that require subsequent approval after full, rather than outline, permission is granted, unless this will clearly support the efficient and effective delivery of development. The PPG indicates that, where justified, LPAs should require the submission and approval of further details only for aspects of the scheme not fully described in the application. See Practice Note: Planning conditions—key points for further information on conditions generally. Even so, it remains common for full permissions to include conditions seeking later approval of details. Developers often view this as advantageous, as it allows certain elements to be...
Introduction Planning decisions and actions by local planning authorities ( LPAs), the Secretary of State and other public bodies can be contested in the courts where the decision was unlawful. Most planning decisions are capable of challenge by a High Court application for judicial review (see Practice Note: Planning judicial review). However, certain statutory schemes governing particular decisions or acts expressly preclude court challenges, including judicial review, save through a statutory application. Put simply, the legislation states that a decision or action may only be questioned under a specified statutory route. Such proceedings are termed statutory reviews or statutory challenges. This Practice Note concentrates on the arrangements for applications for statutory planning review (usually called ‘applications’ rather than ‘claims’, though the labels are used interchangeably), which, in the planning context,...
Statutory requirement to have regard to the development plan in planning application decisions When determining an application for planning permission, or for permission in principle, section 70(2) of the Town and Country Planning Act 1990 ( TCPA 1990) provides that the decision-maker must have regard to: the provisions of the development plan, so far as material to the application a post-examination draft neighbourhood development plan, so far as material to the application from a date to be appointed, in England, any national development management policies, so far as material to the application any considerations relating to the use of the Welsh language, so far as material to the application any local finance considerations, so far as material to the application any other material considerations If the decision-maker overlooks relevant considerations, or takes account of matters that are irrelevant, the decision is vulnerable to being quashed. As confirmed by Lord Hoffmann in Tesco Stores v...
ARCHIVED This Practice Note, now archived, was prepared by reference to the former Electronic Communications Code (the previous Code) and offers guidance on the process for removing telecoms apparatus under paragraphs 20 and 21 of that earlier Code; in particular, it outlines the procedural steps to be observed, yet its substance still bears on the transitional provisions contained in the new Code. It is no longer updated and is provided solely as background information for reference. The new Code, set out in Schedule 3A, Part 1 to the Communications Act 2003 ( CA 2003), took effect on 28 December 2017. Under the transitional provisions in the new Code, located in Schedule 2 to the Digital Economy Act 2017, subsisting agreements under the previous Code (that is, an agreement under paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the...
Policy context The first National Planning Policy Framework (2012 NPPF) was issued on 27 March 2012 and came into force at once. It streamlined more than 1,000 pages of planning policy statements, guidance and circulars into a single text. Central to the 2012 NPPF was a presumption in favour of sustainable development. A refreshed NPPF followed in July 2018, with modest amendments in February 2019. Further updates arrived on 20 July 2021, September 2023 and December 2023 (the 2023 NPPF). The 2018, 2019, 2021 and 2023 iterations kept the presumption in favour of sustainable development, albeit with a shift in emphasis and practical application, as explored in this Practice Note. In July 2024, the government consulted on reforms to the NPPF, including proposals affecting the presumption in favour of sustainable development, considered further below (see ‘ Proposed changes to presumption insofar as it affects...
Time limits for implementing planning permission Sections 91 and 92 of the Town and Country Planning Act 1990 ( TCPA 1990) provide that every grant of planning permission must carry a planning condition that fixes the timeframe for implementation. Under sections 91 and 92, local planning authorities ( LPAs) have discretion to set whatever period they regard as appropriate when issuing permission. The usual position is that: For a full planning permission, development must be started within three years in England, or five years in Wales, from the date permission is granted, unless a planning condition specifies otherwise. For an outline planning permission concerning land in England, any application seeking approval of a reserved matter must be lodged within three years from the date the outline permission is granted, and the development authorised by the permission must be begun within two years of the final approval of the...
STOP PRESS: From 25 March 2026, the principal plan-making provisions of the Levelling-up and Regeneration Act 2023 are in force. This Practice Note is being updated to reflect these changes. Neighbourhood Development Plans ( NDPs) enable communities to set planning policies for how land in their neighbourhood is used and developed, and they form part of the statutory development plan. For the essentials, see Practice Note: Introduction to neighbourhood planning, which covers: Neighbourhood development orders ( NDOs) Community rights to build Designating neighbourhood forums and areas Referendums Examination Funding The relationship between NDPs and other policy and legislation Guidance An NDP must be prepared in conformity with national and local planning policy and, in England, from a date to be appointed, national development management policies. National policy is set out in the National Planning Policy Framework ( NPPF). The local plan sets a...
Securing Net Zero in Planning Development Projects—( Evelyn & Ezra’s Clause) The Chancery Lane Project presents model climate clauses delivering drafting tools designed to support local planning authorities build confidence in demanding carbon neutral development......
This Practice Note outlines the pre-action protocols, citing the Practice Direction Pre- Action Conduct and Protocols ( Practice Direction), and provides a summary of the particular pre-action protocols that may apply to your dispute. It gives guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your matter is progressing, you may also need to consider further provisions—see below. For details on: the reforms proposed by the Civil Justice Council following its review of the pre-action protocols, and any related developments discussed at subsequent Civil Procedure Rule Committee and Online Procedure Rules Committee meetings—see: Pre-action protocols—overview the importance of alternative dispute resolution ( ADR)—see: ADR and dispute resolution clauses—overview and Mediation—overview developments concerning online dispute resolution—see: Starting and managing online claims—overview general guidance on commencing a claim—see: Starting a claim or...
ARCHIVED : This archived Practice Note was prepared with reference to the earlier/old Electronic Communications Code (the previous Code) and addresses the distinctions between the general and special regimes under that earlier Code; however, its substance still bears on the transitional provisions contained in the new Code and therefore remains pertinent. It is not maintained and is provided solely as background information. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) took legal effect on 28 December 2017 and is now in force. The transitional provisions in the new Code, found in Schedule 2 to the Digital Economy Act 2017, state that although subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) continue to operate as an agreement under the new Code, they are...
What is a Listed Building Heritage Partnership Agreement? A Listed Building Heritage Partnership Agreement ( HPA) is a statutory arrangement created under sections 26A and 26B of the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990), entered into by a local planning authority ( LPA) and the owner of a listed building. Through an HPA, the LPA may issue listed building consent, for the term of the agreement, for defined works of alteration or extension to those listed buildings, but not for demolition. See Practice Note: Listed building regime and listed building consent in England. In deciding whether to grant listed building consent within an HPA, LPAs must give special regard to the desirability of preserving the building, its setting, and any features of special architectural or historic interest possessed by the listed building(s) to be included in the HPA, 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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