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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 appeals—key points Most decisions by a local planning authority ( LPA) on planning proposals and connected submissions can be challenged by way of appeal, where those proposals and submissions have been made to the LPA. For advice on the grounds and timing of appeals, eligible appellants and the process to follow, refer to Practice Note: Planning appeals—key points. In England, section 319A of the Town and Country Planning Act 1990 ( TCPA 1990) empowers the Secretary of State ( So S) to set the procedure for handling a range of planning appeals and related applications. A corresponding authority is conferred on the Welsh Ministers by TCPA 1990, s 319B in Wales. These provisions cover appeals in general, extending to cases requiring redetermination after an appeal decision has been quashed. Any determination under TCPA 1990, ss 319A and 319B must specify that...
In England You can find planning appeal decisions via: the Planning Inspectorate’s search service for planning appeals in England the English government’s database to look up a planning decision or notice In Wales You can find planning appeal decisions via: the Planning Inspectorate’s search service for planning appeals in Wales the Welsh government’s database to look up a planning decision or notice......
Scope of this Practice Note This Practice Note sets out the main types of radioactive waste and examines disposal against the EU-defined waste hierarchy. It places contemporary management of radioactive waste within the historical development of the nuclear industry from a planning standpoint. Principal policy documents are reviewed to chart the evolution of government thinking over time. Geological disposal of Higher Activity Waste ( HAW) under the Planning Act 2008 ( PA 2008) is compared with alternative disposal routes under the Town and Country Planning Act 1990 ( TCPA 1990) and the Planning ( Wales) Act 2015. Consultation duties, application processes and required consents are identified for both regimes. Notable planning appeals and judicial review cases are highlighted before looking at international approaches to radioactive waste. What is radioactive waste? In the UK, radioactive waste arises—and will arise—from past, current and future programmes for...
Background In October 2011, an independent advisory panel was created to examine how the planning system in Wales was being delivered in practice. By 2014, the panel concluded that a comprehensive ‘root and branch’ overhaul was unnecessary, though it proposed a series of measures to enhance the system as a whole. This process culminated in the Planning ( Wales) Act 2015 ( P( W) A 2015), which formally obtained Royal Assent on 6 July 2015 and—save for one principal exception—is, in practical terms, now substantially in force, for the most part, following its detailed commencement provisions and seven Commencement Orders, the most recent issued in 2021. The exception concerns the facility to apply directly to the Welsh Ministers for planning permission under P( W) A 2015, s 23, which is commenced only so far as is needed to permit the making of...
Planning permission and the GPDO Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for ‘the carrying out of any development of land’. The TCPA 1990, s 55(1) defines ‘development’ as either of the following: the undertaking of building, engineering, mining or other operations in, on, over or beneath land (see Practice Note: Operational development), or the occurrence of any material change in the use of buildings or other land (see Practice Note: Material change of use) By virtue of TCPA 1990, s 58(1)(a), planning permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) Order 2015 ( GDPO 2015), SI 2015/596, and the Town and Country Planning ( General Permitted Development Order) 1995 ( GDPO 1995), SI 1995/418 (together, the GPDO) constitute such...
Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for the carrying out of any development of land. TCPA 1990, s 55(1) explains that ‘development’ means: carrying out building, engineering, mining or other operations in, on, over or under land (see Practice Note: Operational development); or making any material change in the use of any buildings or other land (see Practice Note: Material change of use). By virtue of TCPA 1990, s 58(1)(a), permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) ( England) Order 2015 ( GPDO 2015), SI 2015/596, is such an order for these purposes. It authorises specific types of development, set out in the different classes in GPDO 2015, SI 2015/596, Sch 2, to be carried out without the need to obtain planning...
Permitted development rights Section 57(1) of the Town and Country Planning Act 1990 ( TCPA 1990) makes clear that planning permission is needed for any development of land. Under TCPA 1990, s 55, ‘development’ comprises: operations affecting land (see Practice Note: Operational development), and changes of use of land (see Practice Note: Material change of use) TCPA 1990, s 58(1)(a) provides that planning permission can be conferred by a ‘development order’. The Town and Country Planning ( General Permitted Development) ( England) Order, SI 2015/596 (in England) (the English GPDO) and the Town and Country Planning ( General Permitted Development) Order 1995, SI 1995/418 (in Wales) (the Welsh GPDO) are such development orders (together, ‘the GPDO’). The GPDO establishes permitted development rights ( PD rights), amounting to a national grant of planning permission given by that development order, allowing specified...
What are the optional technical housing standards? In March 2015, after consulting on accessible design, the government set out policy through a Written Ministerial Statement on housing standards. It brought in optional provisions within the Building Regulations for water efficiency and access, alongside the nationally described space standard, together termed the ‘new national technical standards’. These sit alongside, and complement, the mandatory Building Regulations 2010, SI 2010/2214 (the Building Regulations). See Practice Note: Obtaining building regulations approval. What optional technical housing standards can LPAs set? Local planning authorities ( LPAs) may adopt additional technical requirements that surpass the minimum thresholds in the Building Regulations 2010 for: access water space standards Planning Practice Guidance ( PPG) advises LPAs to assemble evidence to decide whether extra standards are warranted locally, and to justify appropriate policies in their local plans. As the Building Regulations already address the physical security of new...
ARCHIVED : This archived Practice Note was produced in the setting of the earlier/old Electronic Communications Code (the previous Code) and addresses who held Code powers and who enjoyed Code protection when sharing sites under the former Electronic Communications Code; however, its material remains directly pertinent for the transitional provisions contained in the new Code. It is not kept up to date and is provided solely for general background information. The new Code, set out in Schedule 3A, Part 1 to the Communications Act 2003, commenced on 28 December 2017. The transitional provisions within the new Code, as outlined in Schedule 2 to the Digital Economy Act 2017, state that subsisting agreements made 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 previous Code) will continue to operate as an...
This archived Practice Note considers the requirement in the National Planning Policy Framework ( NPPF) as first issued in 2012 (the 2012 NPPF) for local planning authorities ( LPAs) to plan to meet the full, objectively assessed needs ( OAN) for market and affordable housing in their areas. On 24 July 2018, the government published a revised NPPF (the 2018 NPPF), which replaced the 2012 NPPF from that date. It altered the policy approach to determining housing need and housing land supply. Transitional provisions in Annex 1 of the 2018 NPPF provide that: from 24 July 2018, the policies in the 2018 NPPF should be taken into account as material considerations in the determination of planning applications development plans ‘may’ also need to be revised to reflect policy changes brought about by the 2018 NPPF; such revisions should be...
Nationally significant infrastructure project consent regime The Planning Act 2008 ( PA 2008) establishes a development consent regime for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. When proposals exceed specified thresholds, they must be authorised under that PA regime. Qualifying schemes therefore require development consent under PA 2008. Applications for development consent are submitted directly to the Planning Inspectorate ( PINS), which acts on behalf of the Secretary of State, rather than to the local planning authority in the first instance. Development consent is granted by way of a single development consent order ( DCO). See Practice Note: Permission for nationally significant infrastructure projects. National Policy Statements ( NPSs) are statutory documents that set out the government’s policy for particular categories of NSIPs and provide the framework within which the Secretary of State reaches decisions on NSIP...
Under the Planning Act 2008 ( PA 2008), a development consent regime applies to nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. Applications for development consent orders ( DCOs) are determined with reference to National Policy Statements ( NPSs), which set out national policy for NSIPs. See Practice Note: National Policy Statements. Although the Secretary of State ( So S) is legally responsible for the decision, in practice the Planning Inspectorate ( PINS) is authorised to accept and examine applications. See Practice Note: Permission for nationally significant infrastructure projects. For further details on how examinations are conducted, see Practice Note: Examination of nationally significant infrastructure projects—procedure and Flowchart: Development consent order ( DCO) application...
The Planning Act 2008 ( PA 2008) establishes the consent framework for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order ( DCO) applications may be taken by reference to any relevant National Policy Statements ( NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State ( So S) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate ( PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘ Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which...
The Planning Act 2008 ( PA 2008) establishes a development consent framework for nationally significant infrastructure projects ( NSIPs) across the energy, transport, water, waste water and waste sectors. Applications for development consent orders ( DCOs) are determined with regard to National Policy Statements ( NPSs), which describe national policy for NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements. Although the Secretary of State ( So S) carries the legal duty to decide, in reality government delegates the acceptance and examination of applications to the Planning Inspectorate ( PINS). For an outline of the DCO process, see: Development consent order ( DCO) application procedure—flowchart. Importance of application preparation Poorly organised, unclear or incomplete applications are more likely to be refused at the acceptance stage for examination. Once an application has been submitted and accepted,...
The Planning Act 2008 ( PA 2008) brought in development consent orders ( DCOs) for nationally significant infrastructure projects ( NSIPs). Under this regime, compulsory acquisition powers can be authorised within a DCO, removing the need to obtain standalone compulsory purchase order powers for such NSIPs (this position applies to development in England. For schemes in Wales, where compulsory acquisition is needed for associated development, a separate compulsory purchase order must still be promoted). This Practice Note reviews the examination of compulsory acquisition provisions by the Examining Authority for the DCO ( Ex A), the steps after the Secretary of State decides to make a DCO including compulsory acquisition powers, awards of costs, the implementation of compulsory acquisition powers, and material change applications. See also Practice Notes: Compulsory acquisition for NSIPs—introduction and principles Compulsory acquisition for...
STOP PRESS From 25 March 2026, the principal provisions of the Levelling-up and Regeneration Act 2023 on plan-making are in force. This Practice Note is being updated to reflect these changes. Context The Localism Act 2011 brought in neighbourhood planning, enabling communities to influence the development and growth of their local area. Within this process, both independent examination and a referendum are required before the following can be finalised: neighbourhood development plans ( NDPs), which let communities set planning policies for the development and use of land within the neighbourhood, and which form part of the statutory development plan neighbourhood development orders ( NDOs), which grant planning permission in the area without the need for planning applications community right to build orders, a type of NDO, allowing certain community organisations to bring forward smaller-scale development on a specified site without needing planning...
STOP PRESS As of 25 March 2026, the main plan-making provisions of the Levelling-up and Regeneration Act 2023 are now in force and effect. This Practice Note is presently being updated accordingly to reflect this change. What is neighbourhood planning? Neighbourhood planning was introduced in England by the Localism Act 2011. It gives communities the power to shape the development and growth of their local area through the preparation and making of a Neighbourhood Development Plan ( NDP), a Neighbourhood Development Order ( NDO), a Community Right to Build Order ( CRTBO), and, once section 97 of the Levelling-up and Regeneration Act 2023 ( LURA 2023) is in force, neighbourhood priorities statements. See also Practice Notes: Preparing a neighbourhood development plan Neighbourhood planning—independent examination and referendum Neighbourhood development orders Guidance The NDP/ NDO must be prepared in conformity with national and local planning policy, and, from a date...
Context The Community Infrastructure Levy ( CIL) is a tariff imposed by charging authorities on development. In most instances, the charging authority is the local planning authority ( LPA) for the area. The legal framework for CIL sits in Part 11 of the Planning Act 2008 ( PA 2008), which permits the Secretary of State to make regulations to impose CIL. Those powers were exercised through the Community Infrastructure Levy Regulations 2010 ( CIL Regulations), SI 2010/948. CIL is applied by ‘charging authorities’ in relation to development of land within their boundaries. PA 2008, s 206 states that an LPA is the charging authority for its area, with some exceptions (see Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid). Revenue raised must be used to fund the provision,...
Section 106 of the Town and Country Planning Act 1990 ( TCPA 1990) enables a local planning authority ( LPA) to enter into a legally binding planning obligation with a landowner, or with individuals intending to develop that land, in connection with the grant of planning permission. These obligations are designed to render a proposal acceptable in planning terms and, subject to the drafting of the particular agreement, generally take effect only once a planning permission has been implemented. See Practice Note: Implementing planning permission. For broader guidance on planning obligations, refer to Practice Notes: Planning obligations—key points and The statutory test for section 106 agreements and interaction with Community Infrastructure Levy ( CIL). In most cases, obligations are negotiated for a particular development, and must be concluded between someone with an interest in land within an LPA’s area and the LPA...
Establishment of the Marine Management Organisation The Marine Management Organisation ( MMO) came into being on 1 April 2010 through the Marine and Coastal Access Act 2009 ( MCAA 2009). It regulates activities at sea around England, and matters concerning vessels registered to ports in England, anywhere in the world. Further duties and powers followed in the Fisheries Act 2020. The MMO is an executive non-departmental public body. Working at arm’s length from government, it is accountable to the Secretary of State ( So S) for the Department for Environment, Food & Rural Affairs ( Defra) and is part of the Defra Group. The MMO also has cross departmental responsibilities and, for these, is answerable to the So S for each relevant department. Where statute permits, government may request the MMO to undertake additional functions or new work, either on a permanent or...
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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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