Featured documents
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:
Most recent Practice notes
Context Public involvement and consultation on land development proposals are a vital part of the planning process. Publicity and consultation can take place at these key stages: before a planning application is made (known as pre-application consultation) after the application is submitted to the local planning authority ( LPA) and before it is decided when the application is altered prior to determination after determination, where changes to the permitted development are proposed This Practice Note explains when an LPA has a statutory obligation to publicise and consult on development proposals. It does not address any voluntary publicity an applicant may undertake before submitting an application, other than statutory pre-application consultation duties, nor the publicity and consultation required for development plans and other planning policy...
New plan-making system in England under the Levelling-up and Regeneration Act 2023 The Levelling-up and Regeneration Act 2023 ( LURA 2023) brings major reforms in England to the plan-making framework in Part 2 of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004), taking effect on 25 March 2026. Related secondary legislation, also operative from 25 March 2026, sets out detailed procedural rules. Collectively, this is termed the ‘ Current Plan- Making System’. Although the Current Plan- Making System applies in England from 25 March 2026, transitional measures mean the PCPA 2004 regime, without the LURA 2023 amendments (the ‘ Legacy Plan- Making System’), will still govern: in Wales; and development plan documents being produced under the legacy regime in England, provided they have been submitted to the Secretary of State for examination by 31 December 2026. Where that deadline cannot be met, the plan must...
The policy background In 2012, the first edition of the National Planning Policy Framework (2012 NPPF) took effect in England. It obliged local planning authorities ( LPAs), among other things, to plan to meet the full, objectively assessed requirement for both market and affordable homes within their boundaries. They were expected to use their evidence base so the Local Plan met the full, objectively assessed housing need across the housing market area, insofar as this aligned with the Framework’s policies, and to identify key sites critical to delivering the housing strategy over the plan period. This represented a significant change in policy—previously there was no obligation to assess needs objectively with a view to planning to meet them. The purpose of this shift was to boost significantly the supply of housing (para 47 of the 2012 NPPF). For further detail on the...
The Local Government Act 1974 ( LGA 1974) The Local Government Act 1974 ( LGA 1974) created a Commissioner for local administration, commonly referred to as the LGO, and that term is used throughout this Practice Note. This Practice Note outlines the LGO’s statutory functions, its jurisdiction—including matters it cannot investigate—together with its powers and procedures. It should be read in conjunction with Practice Notes: Maladministration—complaints and Maladministration—investigations and reports. The LGO’s mission statement is ‘ Remedy injustice—help improve local services.’ The LGO’s strategic objectives are to: ensure the service is straightforward to find and simple to use deliver redress for injustice through impartial, rigorous and proportionate investigations apply learning from complaints to help improve local services be accountable to the public and use our resources efficiently The LGO must prepare an annual report on the discharge of its functions in relation to local authorities and present it to those...
Until 4 November 2024, planning controls for listed buildings in Wales were governed by the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023) brought together and replaced the legislation concerning Wales’s historic environment, including listed buildings. HE( W) A 2023 secured Royal Assent on 14 June 2023. Parts 3 and 5 of HE( W) A 2023 set out the statutory framework for listed buildings in Wales. Certain provisions enabling the making of regulations commenced on 9 September 2024, with most remaining provisions coming into force on 4 November 2024. For details of the enforcement and criminal liability regime for listed buildings in England, see Practice Note: Listed buildings enforcement and criminal liability regime in England. Note that the case law referred to in that...
Listed buildings in Wales Up to and including 4 November 2024, the planning regime for listed buildings in Wales was governed by the Planning ( Listed Buildings and Conservation Areas) Act 1990 ( P( LBCA) A 1990). The Historic Environment ( Wales) Act 2023 ( HE( W) A 2023), which gained Royal Assent on 14 June 2023, brought together and replaced the body of Welsh historic environment statutes, including those concerning listed buildings. In particular, Parts 3 and 5 of HE( W) A 2023 set out the statutory rules governing listed buildings in Wales. Certain regulation‑making powers took effect from 9 September, and the majority of the remaining provisions of HE( W) A 2023 subsequently commenced on 4 November 2024. Be aware that the case law cited in this Practice Note concerns only P( LBCA) A 1990 as it operated in Wales before HE( W) A 2023...
What is a lawful development certificate? A lawful development certificate ( LDC) is a formal certificate granted by a local planning authority ( LPA) under section 191 or 192 of the Town and Country Planning Act 1990 ( TCPA 1990). It certifies one of the following: that an existing use of buildings or land, any operational development, or another matter amounting to a breach of planning permission, is lawful; or that a proposed use of buildings or other land, or operations proposed to be carried out in, on, over or under land, would be lawful LDCs issued pursuant to TCPA 1990, s 191 are commonly called certificates of lawfulness of existing use or development ( CLEUDs), while those under TCPA 1990, s 192 are commonly termed certificates of lawfulness of proposed use or development ( CLOPUDs). An LDC identifies a specific parcel of land by...
Reading a request objectively Where a request made under the Freedom of Information Act 2000 ( FIA 2000) is expressed plainly and without ambiguity, the receiving public authority has 20 days to supply the information sought. As a rule, there is no duty to hunt for alternative constructions of a straightforward request, or to consider material that falls outside its scope (see Adedeji v Information Commissioner). However, if the wording is unclear, for example: more than one meaning can reasonably be taken, or on reviewing any context provided, the wording proves ambiguous FIA 2000 gives a public authority a means to seek clarification so it can identify and locate the information requested. In reading a request objectively, an authority should be careful to: avoid overlooking ambiguity: in Berend v...
The Infrastructure ( Wales) Act 2024 ( I( W) A 2024) introduces a single, coherent consenting route for particular infrastructure schemes in Wales and in Welsh waters. For any ‘significant infrastructure project’ ( SIP) that exceeds specified thresholds in defined sectors, developers must secure infrastructure consent through an infrastructure consent order ( ICO). An ICO is designed to wrap together the complete set of authorisations needed so that the development can proceed... Energy Transport Waste Water Gas Before I( W) A 2024: Developments of National Significance The Planning ( Wales) Act 2015 amended the Town and Country Planning Act 1990 ( TCPA 1990) to introduce ‘developments of national significance’ ( DNSs). This created an expedited route to planning permission, with applications sent straight to the Welsh Ministers, rather than considered by local planning authorities. The DNS process is administered by the Planning Inspectorate Wales ( PINS Wales) on the Welsh...
Statutory time limits for implementing planning permission Planning consents are not permanent or open-ended. Sections 91 and 92 of the Town and Country Planning Act 1990 ( TCPA 1990) stipulate that every grant of planning permission must include a condition that limits the period within which the permission is implemented. Local planning authorities ( LPAs), relying on TCPA 1990, ss 91 and 92, have discretion to set the duration of planning permission, fixing such timescales as they reasonably judge appropriate......
What are the statutory time limits for implementing planning permission? Planning permissions are not indefinite. Sections 91 and 92 of the Town and Country Planning Act 1990 ( TCPA 1990) stipulate that each permission must carry a condition that limits the time for implementation. Local planning authorities ( LPAs), using their discretion under TCPA 1990, ss 91 and 92, may set time periods they consider suitable. The usual position is: For a full planning permission, development must be started within three years in England, or five years in Wales, from the date of the permission, unless a condition specifies otherwise. For an outline planning permission concerning land in England, any application for approval of a reserved matter must be submitted within three years from the date the outline permission is granted, and the development must be begun within two years of the final approval of the...
What is ? HS2 is the high-speed rail scheme first envisaged to stretch from London to Birmingham and further to Manchester and Leeds. The government hopes it will strengthen the transport network and stimulate the economy, though there has been debate over the precise route and its impact on neighbouring landowners. Some sections have been cancelled, so the line is now set to terminate at Birmingham. HS2 was to be delivered in two main phases: Phase 1 linking London with the West Midlands, including a new station at Birmingham Curzon Street ( Phase 1) Phase 2 connecting the West Midlands with Manchester. This was originally split into two parts: to Crewe ( Phase 2a), and from Crewe to Manchester and from the West Midlands to Leeds ( Phase 2b) In November 2021, under the Integrated Rail Plan, the government confirmed the new line from Crewe to...
Introduction The planning regimes of England and Wales have diverged markedly in recent years, both in policy and statute. In Wales, planning is a wholly devolved responsibility. This divergence began in 2000 with the creation of the then Welsh Assembly Government. Although the Government of Wales Act 1998 transferred most planning matters, it was the second devolution referendum in 2011 that conferred primary law-making powers, paving the way for the Planning ( Wales) Act 2015 ( P( W) A 2015). That Act has further widened the gap between Welsh planning law and that elsewhere in the UK. P( W) A 2015 sets a statutory purpose for planning functions and clarifies the duty to pursue sustainable development under the Well-being of Future Generations ( Wales) Act 2015 ( WFG( W) 2015). Since March 2002, Welsh planning policy has been set out in Planning policy in Wales (...
ARCHIVED : This Practice Note has been archived and is not maintained. Scope of exemption Disclosure of personal data under freedom of information ( FOI) will be exempt where releasing it would breach the data protection principles or a notice under section 40(3) of the Data Protection Act 1998 ( DPA 1998), or where the material falls within DPA 1998, s 40(4) (enforcement notice). In most situations, reliance is placed on the breach of principles exemption. Although absolute, the public authority must still consider what is fair. Disclosure is allowed if the data subject has consented. Yet the mere absence or refusal of consent is not conclusive. The authority is required to weigh fairness, by reference to the above factors, when deciding whether to disclose despite a refusal, or where consent has neither been given nor refused. When is consent needed? Data counts as personal data only if it...
The freedom of information ( FOI) case tracker collates and outlines notable judgments and case law concerning the application of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391... Background reading Freedom of information—overview Environmental information regulation—overview Courts covered Supreme Court ( SC) Court of Appeal ( CA) Upper Tribunal ( UT) Alongside concise case particulars, where feasible the tracker includes links to news analysis and commentary published in the Freedom of Information Journal, available to Lexis®Library subscribers... Archived decisions [ Archived] Access to environmental information case tracker [ Archived] Supreme Court ( SC) Citation: Department for Business and Trade v Information Commissioner [2025] UKSC 27 Summary: Supreme Court confirms cumulative public interest test under FIA 2000 Abstract: The Supreme Court determined that, under FIA 2000, s 2(2)(b), public...
Introduction The Community Infrastructure Levy ( CIL) is a financial charge applied to development. Its statutory footing sits in Part 11 of the Planning Act 2008 ( PA 2008), which authorises the Secretary of State to create regulations for imposing CIL. Those provisions were brought into effect through the Community Infrastructure Levy Regulations 2010 (the CIL Regulations, SI 2010/948). CIL operates across England and Wales. Levying is undertaken by ‘charging authorities’ on specified development within their jurisdiction, with sums collected by designated ‘collecting authorities’. For detailed guidance on who the charging and collecting authorities are, when liability arises, and the timing and payer of CIL, see Practice Note: Community Infrastructure Levy ( CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. In defined situations, certain parties may seek a review or bring an appeal against particular decisions made by a...
Importance of common land Common land offers multiple advantages, such as: economic—pasture for livestock, jobs and revenue from sporting use and tourism agricultural—stock grazing on commons, upholding sustainable agricultural management biodiversity—retaining natural vegetation rich in flora and fauna, safeguarding varied habitats and supporting SSSIs archaeological—conserving landforms and features in undisturbed soils, protecting significant archaeological and historic sites recreational—public and visitor enjoyment of the landscape, open space for communities cultural—community spaces for long-standing and traditional activities The Commons Act 2006 ( Co A 2006) empowers government to protect and safeguard commons. Prohibition on works to common land without consent Under Co A 2006, s 38, approval from the Secretary of State or Welsh Ministers (the ‘determining authority’) is needed before undertaking ‘restricted works’ on: any land entered on the commons register (see Practice Note: Creation and...
Context The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 ( Hi A 1980). The making and...
Securing necessary easements over third party land When land owned by others lies between a proposed scheme and the adopted road, developers will appreciate that a right of way must be obtained across that intervening land to reach the site itself and in order to access the development. Equally, easements for utilities and service infrastructure must not be forgotten or sidelined. Where an estate is disposed of in parts, the continued supply of essential services to the new development is dependent on the effective grant of easements across any land in third party ownership. The utility provider’s rights A network operator can elect either to take a private easement permitting the installation and upkeep of apparatus over neighbouring land, or alternatively to proceed under statutory powers (for instance, under the Water Industry Act 1991 or the Electricity Act 1989—see Practice Note: Statutory wayleaves and rights of...
The Law Society released its practice note on flood risk on 23 May 2013, responding to the growing exposure of properties to flooding and the knock‑on consequences for obtaining a mortgage, arranging insurance cover and selling a property. Subsequent updates were made on the following dates: on 18 December 2014 to consider proposed changes to the Flood Re insurance scheme and to refer to new flood maps published by the Environment Agency ( EA), with detail in News Analysis: Updated Law Society practice note on flood risk; on 10 February 2016 ahead of Flood Re’s launch in April 2016, and also to account for insurance changes to the CML Handbook; on 31 January 2020 reflecting increasing concern about flood risk for property owners as a consequence of climate change. As solicitors are not qualified to advise on flood risk or to...
Popular documents
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 ]...
Discover more from LexisNexis
