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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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Nature and purpose of a rent deposit A rent deposit is an amount lodged by the tenant with the landlord, serving as security against unpaid rent and/or the landlord’s losses arising from any other breach of the lease (including the costs of enforcement), by way of protection for the landlord. In that respect, the label ‘rent deposit’ is a misnomer indeed, as the fund is not confined to rent arrears (however broadly ‘rent’ is defined in the lease). For more detail and context, see the Amount of the initial deposit set out below. Landlords typically request one when a lease is granted or assigned to a tenant considered a ‘weak covenant’, ie a tenant unable to give the landlord sufficient evidence of its financial standing before becoming the tenant, and not yet proving robust financial standing. That said, a landlord may equally require a...
This Practice Note outlines the role of the B& PCs, which determine specialist business matters and other international dispute resolution and business cases in England and Wales. Procedural guidance applicable in the B& PCs is contained in CPR 57A and CPR PD 57AA. It explains which courts sit within the B& PCs, the steps for starting proceedings in a B& PC—including electronic issue—and how to frame the claim title. It also addresses moving cases to or from a B& PC. This Practice Note should be read alongside Practice Note: Dispute Resolution—judicial practice notes and guidance, which links to further guidance issued by the judiciary from time to time and which is relevant to the B& PCs... What are the ? The B& PCs hear specialist business and other international dispute resolution and business cases in England and Wales, whether domestic or...
This Practice Note reviews the striking off of a company from the register of companies and how to manage this where a fixed charge/ LPA receivership sale involves a company-owned property at risk of strike-off and dissolution. Part 31 of the Companies Act 2006 ( CA 2006) sets out two routes for a company to be removed from the register and dissolved: voluntarily, on application by the company, and under the statutory powers of the Registrar of Companies (the Registrar) This Practice Note focuses on the latter—removal by the Registrar. Striking off by the Registrar of Companies Company not in business or operation The Registrar of Companies may commence the statutory process to remove a company where there is reasonable cause to believe it is not carrying on business or not in operation. This is commonly triggered where a company fails to make its annual...
The Landlord and Tenant ( Covenants) Act 1995 ( LT( C) A 1995) stipulates that, save for specified exceptions, any lease completed on or after 1 January 1996 is treated as a ‘new tenancy’ for the purposes of the LT( C) A 1995, with earlier grants classified as ‘old tenancies’. This Practice Note sets out, for both ‘old’ and ‘new’ tenancies, whether the benefit of tenant covenants and the burden of landlord covenants pass with the reversion, whether the benefit of landlord covenants and the burden of tenant covenants attach to the term, and the scope of any release from liability on assignment. Old tenancy New tenancy Transfer of reversion Benefit of tenant covenants—does it run with the reversion? By virtue of section 141 of the Law of Property Act 1925, the obligation to pay rent and the benefit of other lease covenants and...
Note: with effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) were renamed the Civil National Business Centre ( CNBC); see LNB News 14/08/2023 12— CCMCC issues name and performance update. This Practice Note explains the process for seeking to vary or discharge a charging order under CPR 73.10B. Can you apply to discharge or vary a final charging order? Section 3(5) of the Charging Order Act 1979 ( COA 1979) states that the court which made the charging order may, at any time, on the application of the debtor or any person with an interest in property to which the order relates, make an order discharging or altering the charging order. The procedural route for such an application is set out in CPR 73.10B. In Parr v Tiuta...
This Practice Note outlines the range of potential consequences a landlord should weigh before taking rent from someone other than the tenant. Those consequences may include contentions that third-party payment of rent has effected a surrender by operation of law with a contemporaneous re-grant in favour of the payer, or that the landlord is estopped from disputing that an assignment has occurred because of the third party’s remittance. The point often arises where: a company connected with the tenant (for instance, a parent or subsidiary) tenders the rent the tenant intends to assign, or is in the course of assigning, the lease the tenant company is insolvent (such as in administration) and a third party wishes to occupy the premises Surrender by operation of law A key risk to evaluate is whether receipt of rent from a third party could amount to a...
To establish that an easement has been given up, the servient owner must prove the dominant owner had a definite, settled intention never to: use the right again for themselves, or seek to transfer the right to any other person Abandonment where the original use has become impossible An easement may be treated as abandoned if it is tied to a particular use and that use can no longer occur (for instance, where the building benefiting from the easement has been demolished). For this to hold, the dominant land must have undergone a radical change in character or a change in identity. In line with the Court of Appeal’s ruling in Mc Adams Homes v Robinson, the court should also assess whether the new use of the redeveloped site would bring about a substantial increase in, or alteration to, the burden on the...
When disposing of a freehold on sale, sellers may seek to impose positive covenants for later owners to fulfil. Difficulties can occur when trying to enforce positive covenants against successors in practice and in law. While leasehold covenants bind the initial tenant and anyone taking title after them, positive covenants in freehold conveyances do not by default. One technique to safeguard and enforce covenants over freehold land is the use of an estate rentcharge. For alternative approaches see Practice Note: Positive covenants—binding successors in title. Since August 1977, only specified categories of rentcharge, including estate rentcharges, can be created. Estate rentcharges can be used to enforce: positive covenants service charge contributions towards the rentcharge owner’s costs in performing covenants for the: provision of services ...
Introduction This Practice Note outlines and explains, in particular, escheat, bona vacantia (ownerless property) and the power of the Crown, or a Royal Duchy, to disclaim bona vacantia on the dissolution of a company where the relevant asset is a freehold estate in land. It further addresses the impact and consequences of a disclaimer of onerous freehold land by a liquidator, a trustee in bankruptcy, or the Official Receiver. Escheat Paramount lordship of the Crown The doctrine of escheat has its roots in the long-standing feudal arrangements for holding land. Within that framework, all land across England, Wales and Northern Ireland is, in the last resort, held by the Crown: this is the principle of paramount lordship. Nevertheless, others may hold a legal estate in land; the more modern expression of this appears in section 1 of the Law of Property Act 1925 ( LPA 1925), which...
FORTHCOMING CHANGE : The Product Security and Telecommunications Infrastructure Act 2022 ( PSTIA 2022) is in partial effect. Additional provisions will commence on dates to be fixed by regulations. PSTIA 2022 alters elements of the Code and the Landlord and Tenant Act 1954, chiefly relating to the sharing of apparatus, valuation on renewal under the LTA 1954, and dealing with unresponsive occupiers. Both the current position and anticipated amendments are highlighted in the Practice Note below. For further detail about the Code, see Practice Note: The Electronic Communications Code—code rights. The Code The Electronic Communications Code (the ‘ Code’) appears in sections 106–119A and Schedule 3A of the Communications Act 2003 ( CA 2003). It superseded the earlier Electronic Communications Code, which had been located in Schedule 2 to the Telecommunications Act 1984 ( TA 1984) (the ‘previous Code’). This Practice Note explains whether an...
Negotiation Guide Part of the Practical lease negotiation collection, this Negotiation Guide sits alongside the Practice Note: New starter guide—entering into new commercial leases. A lease granted for a term of years may include a mechanism allowing the parties, or just one of them, to bring the lease to an end before the term expires. This is commonly called a break option (also known as a break clause, or an option to determine). A break clause can be operated: at any time after a specified date (a ‘rolling break’) on one or more specified dates upon the occurrence of identified events Where the break is conferred on the tenant, it is a tenant’s break option (or tenant’s break right), and where it benefits the landlord, it is a landlord’s break option (or landlord’s break right). The parties may alternatively agree mutual break rights, giving both landlord and tenant the...
This Practice Note This Practice Note has been revised following the introduction of the Arbitration Act 2025 and now points to changes made to the Arbitration Act 1996. For more detail on commencement and transitional arrangements, see Practice Note: Arbitration Act 2025 commencement and transitional provisions. It offers an overview of arbitration and its principal characteristics, concentrating on practice under the law of England and Wales, including the Arbitration Act 1996 ( AA 1996), as modified by the Arbitration Act 2025 ( AA 2025), which obtained Royal Assent on 24 February 2025 and took effect on 1 August 2025. Arbitration is a conclusive and binding method of resolving disputes, overseen by a constituted arbitral tribunal (usually one or three arbitrators) operating in a quasi-judicial way. As a rule, it rests on the parties' agreement (the arbitration agreement) and is supervised and enforced by...
This Practice Note sets out when title can be claimed through adverse possession in relation to (a) unregistered land, and (b) registered land where the entitlement to be entered on the register arose before 13 October 2003 (that is, the squatter can evidence continuous adverse possession for at least 12 years before 13 October 2003). It also addresses circumstances in which such a claim might fail, and the process for a squatter applying to register title based on adverse possession, including the requirements for a statement of truth. This is one of four Practice Notes on adverse possession. The others are: Establishing adverse possession of land Claiming title by adverse possession under the Land Registration Act 2002 Adverse possession and leases Unregistered land A claim to title by adverse possession concerning unregistered land is governed by the Limitation Act 1980 ( LA 1980), sections 15 and 17, together with...
This Practice Note summarises the bases on which a landlord may resist the grant of a renewed business tenancy under section 30(1) of the Landlord and Tenant Act 1954 ( LTA 1954). Section 30(1) sets out several grounds for opposing renewal. Unless the landlord proves one or more of these grounds, the tenant will be entitled to a further tenancy, provided the current tenancy satisfies LTA 1954, section 23. For additional guidance on section 23 see Practice Note: LTA 1954 business lease renewal—termination — Does LTA 1954 apply? Ground (a)—disrepair A landlord may rely on ground (a) to resist the grant of a new lease. Where the existing tenancy places obligations on the tenant regarding repair and maintenance of the holding, the landlord may argue that a new tenancy should be refused in light of the holding’s condition, where that condition stems from the...
This Practice Note sets out which grounds of opposition in section 30(1) of the Landlord and Tenant Act 1954 trigger statutory compensation under one of the three cases in section 37. It also covers how to identify the compensatable ‘holding’, whether compensation is single or double, and who is liable to pay it and who should receive it. Statutory compensation—which grounds are compensatable? Under LTA 1954, section 37, a tenant may claim statutory financial compensation for disturbance to their security of tenure where: the landlord relies on one or more ‘no fault/compensation grounds’; one of the three compensation cases in section 37(1A)–(1C) applies. Of the seven opposition grounds in section 30(1), three qualify as ‘compensation grounds’. The following indicates whether each listed ground is compensatable: Ground (a) — disrepair — No Ground (b) — persistent delay in paying rent — No Ground (c) —...
FORTHCOMING CHANGE : On 27 October 2025, the Renters’ Rights Act 2025 obtained Royal Assent. For further guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. Where an employee in England resides in premises owned by their employer to perform their job and has exclusive possession of that accommodation, they occupy either as a tenant or as a licensee under a service occupancy (also called tied accommodation). This distinction is significant because, with a service occupancy, the right to bring the arrangement to an end arises when the employment ceases, whereas a tenancy may carry security of tenure. From 1 December 2022, tenancies and licences of dwellings in Wales are regulated by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) (subject to certain limited exceptions). The terms of both existing and new...
This Practice Note explores the likely classification of a residential letting made to a company and the position of any individuals permitted to occupy by that company... Status of tenant company Under section 1 of the Housing Act 1988 ( HA 1988), only natural persons may hold an assured tenancy ( AT). As a result, a company cannot hold an AT (or, where relevant, an AST). See Practice Note: Assured and assured shorthold tenancies—granting... It is improbable that a company’s occupation of a dwelling will amount to a business tenancy under Part II of the Landlord and Tenant Act 1954 ( LTA 1954), unless the letting satisfies section 23. A tenancy falls within the LTA 1954 where all or part of the premises are occupied by the tenant for the purposes of its business, or for those and other purposes. The term ‘business’ embraces any trade,...
Overview of consultation process The flowchart below sets out a straightforward overview of the matters to weigh up when deciding whether consultation is required and, if so, the sequence of steps to follow. It is not a replacement for the fuller guidance that appears below, which should be consulted at every stage. When do the consultation requirements apply? The landlord must consult with tenants before any of the following occur: carrying out qualifying works that will mean the contribution of any tenant towards those works exceeds £250, or entering into a qualifying long-term agreement where the costs will result in the contribution of any tenant being more than £100 within any 12-month accounting period This process is often informally called 's 20 consultation', a shorthand derived from sections 20–20ZA of the Landlord and Tenant Act 1985 ( LTA 1985). Its purpose is to ensure that, where a...
Repudiation of a contract Repudiation arises when one party signals to the other—by words or conduct—that they no longer intend to be bound, commonly by a serious breach of an important contractual duty. The innocent party may then choose to: affirm the agreement and pursue enforcement of performance and/or seek damages (see Practice Notes: Specific performance of property agreements and Contractual damages—general principles); or accept the repudiation and treat the contract as terminated (known as rescission or discharge for breach). Upon acceptance, both parties are released from any further performance, and the innocent party can claim damages resulting from the repudiation. Acceptance must be clear and unequivocal. Mere inactivity or acquiescence is generally not sufficient. For guidance on ending a contract by serving notice to complete, see Practice Note: Notice to...
Rectification is an equitable remedy by which the court may amend a misstatement where a written instrument fails to reflect the parties’ true intentions. It applies only to written contracts and other formal documents, not to oral agreements at all. This Practice Note sets out when a solicitor must draw attention to unilateral drafting mistakes, and when a unilateral mistake is no more than an error of judgment. For guidance on rectification for common mistake, see Practice Note: Rectification—mutual mistake. When is rectification available? Rectification for unilateral mistake is permitted where one party errs in a document, the other party knowingly recognises the error to their favour, and unconscionably takes advantage of it......
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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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