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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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This Practice Note sets out what amounts to trespass to land, including trespass relating to minerals and airspace, trespass by a tenant after a lease has ended, continuing trespass, who is entitled to bring a claim, the elements required to prove actual possession, and the potential defences to a trespass claim What is trespass? Trespass is the unauthorised presence of a person on land or buildings in another’s possession, which includes: wrongfully stepping onto it, or riding or driving over it taking control of it, or ejecting the person in possession remaining without authority once it has expired (for example, a former tenant who stays against the owner’s wishes is, subject to statutory protection, a trespasser from the date the tenancy ends. However, a tenant holding over is not a trespasser until a demand for possession is made, as trespass can only be...
Subject to contract If a party who has reached a provisional deal wants to make plain that no binding agreement will arise until a formal contract is exchanged, they should expressly state that the arrangement is subject to contract. The safest and most common practice is to place those words prominently on all correspondence connected with the matter, so the position is obvious at every stage and plainly understood. This remains advisable even though section 2 of the Law of Property ( Miscellaneous Provisions) Act 1989 requires particular formalities before a valid contract for the sale of land, or any interest in land, can be created. A further advantage is that estoppel is most unlikely to be established to enforce an agreement where the claimant and defendant are negotiating on a subject to contract or without prejudice basis, or have only made an oral...
The Standard Conditions of Sale ( Fifth Edition—2018 Revision) ( SCS) comprise the core conditions underpinning most contracts for buying and selling residential property in England and Wales. Where a deal concerns commercial or mixed‑use premises, the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPC) are the better fit. First issued on 1 April 2011, the SCS appeared alongside the Law Society’s Conveyancing Protocol (the Protocol). When the Protocol is used for a given conveyancing matter, the parties must adopt the current SCS, and step 13 of the Protocol provides that special conditions should be added only where strictly required for that transaction. Protocol use is compulsory for solicitors accredited under the Conveyancing Quality Scheme. For more detail on the Protocol, see Practice Note: The Law Society’s Conveyancing Protocol. The 2018 update to the SCS took effect in March...
This Practice Note sets out guidance on the tenancy condition that must be met for a tenant to obtain security of tenure under section 79 of the Housing Act 1985 ( HA 1985). It also addresses issues that may arise where security of tenure is threatened. Security of tenure A tenant of a dwelling house, let as a separate dwelling, will have security of tenure as a secure tenant under HA 1985, s 79 at any time when the ‘landlord condition’ and the ‘tenant condition’ are met. The ‘landlord condition’ is that the landlord’s interest belongs to one of several prescribed authorities or bodies; in practice, this will usually be a local authority. The ‘tenant condition’ is that the tenant is an individual who occupies the dwelling house as his or her only or principal home (or, for a joint tenancy, that at least one of them...
Prior to the coming into force of the Landlord and Tenant Act 1987, Part II ( LTA 1987), the court retained a wide-ranging jurisdiction to appoint a receiver to assume control of the management of any property (including a block of flats) whenever it was considered just and convenient to do so. Nonetheless, that power was seldom exercised in practice in relation to blocks of flats, likely owing to the expense and the frequent requirement, in most cases, and, where applicable, to evidence default by the landlord or managing agents regarding the performance of the landlord’s repairing, maintenance or insurance obligations under the lease. Part II of the LTA 1987 offers an alternative remedy by vesting power in (what are now) the First-tier Tribunal ( Property Chamber) in England and the leasehold valuation tribunal in Wales to appoint a manager to take over the...
Rent Rent is the amount payable by a tenant to the landlord for occupying or using the premises. The rent figure must be capable of being worked out from the lease; it need not be fixed for the whole term, but the starting rent must be identified together with a method—typically a rent review clause—to determine later rents. Rent is usually expressed as exclusive of VAT, payable without deduction and without the need for demand. See Practice Note: Rent and rent review in commercial leases in Scotland. Commercial rent is ordinarily paid in advance by equal instalments on the quarter days, namely: 28 February, May, August and November or, where English parties prefer, 25 December, 25 March, 24 June and 29 September Monthly payment is increasingly common. Where rent is payable quarterly in advance, the entire instalment falls due on the quarter day. This can be...
Unless a lease contains an express term (which is uncommon), a landlord enjoys an unfettered right to withhold approval for changes the tenant proposes beyond the demise. Definition of demised premises When setting out the demise, minimise ambiguity by clearly identifying any excluded parts, for example, airspace or structural elements. Case law on airspace In H Waites, the High Court summarised the authorities on demised premises and airspace. Nevertheless, the safest course is to describe in the lease, as precisely as possible, what falls within and what lies outside the demise, thereby reducing the risk of later dispute and litigation. In Kelsen, the landlord demised a single-storey shop for a term of seven years. The parcels clause described the demised premises as ‘ All that shop with the rooms and cellars (if any) attached’. The tenant contended that the demise extended to the airspace above the...
Practice Note This note sets out a range of obligations placed on private sector landlords in Wales, intended to enhance overall safety standards within private sector tenancies. It summarises the key requirements of: Gas Safety ( Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety ( Installation and Use) ( Amendment) Regulations 2018, SI 2018/139) ( GSR 1998) Renting Homes ( Fitness for Human Habitation) ( Wales) Regulations 2022, SI 2022/6 ( RHW 2022), made under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) For broader guidance on fire safety requirements, see Practice Note: Fire safety in commercial and mixed-use buildings......
This Practice Note outlines when a contract may be treated as void and the consequences that follow. It differentiates void, voidable and unenforceable agreements, and explores voidness arising from: common mistake, a unilateral mistake as to contractual terms where the other party is aware, mistaken identity, non est factum, and statutory avoidance, while also recognising illegality as a distinct category. For a tabular overview of illustrative judgments on contract law since 1 January 2020, see Practice Notes: Contract disputes—illustrative decisions (2026) Contract disputes—illustrative decisions (2024–2025) [ Archived] Contract disputes—key and illustrative decisions (2020–2023) [ Archived] When is a contract a void contract? A void contract is one with no legal effect whatsoever. A contract will be void where: the parties have contracted under a fundamental common mistake one party agrees on mistaken terms and the other party knows of that...
Vacant possession Vacant possession is a central concept in property law, arising on both the sale of land and at lease expiry under the covenant to yield up at the end of the term. It is often especially significant in conditional lease break options. This Practice Note explains what vacant possession involves in practice, and the steps a tenant or seller must take to deliver possession to a landlord or buyer. For guidance on bringing to an end the range of interests a developer may face when seeking vacant possession of a potential development site—including commercial leases with protection of Part II of the Landlord and Tenant Act 1954 ( LTA 1954), residential tenants (including security of tenure under the Housing Act 1988), licensees and telecoms operators—and how those interests may be terminated and vacant possession recovered, see Practice Note: strategy for...
This Practice Note sets out the procedures and approach for property-related matters in the Upper Tribunal ( Lands Chamber) ( UT), and identifies the types of cases the UT may hear. These include: claims brought under the Electronic Communications Code; applications to vary or remove restrictive covenants; matters concerning rights of light; and appeals from the First-tier Tribunal, the Valuation Tribunal in England, and the Residential Property, Leasehold Valuation and Agricultural Land Tribunals in Wales... The Tribunals system The Tribunals system offers a dispute resolution forum that complements, and forms part of, the wider court framework. It is administered by HM Courts and Tribunals Service ( HMCTS) and is governed by the Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007). Part 1 of TCEA 2007 created a two-tier structure made up of the First-tier Tribunals and the Upper Tribunals. A chart...
This Practice Note sets out the practical measures a tenant should take to renew its business tenancy under the Landlord and Tenant Act 1954 ( LTA 1954) where the landlord does not object. It outlines how to serve a section 26 request for a new lease or respond to a landlord’s section 25 notice, the time limit for starting proceedings, agreeing extensions to that statutory limit, the required form and content of the claim, the correct court for issue, how to answer the claim, and the subsequent stages of the lease renewal process. Check LTA 1954 applies Before acting, confirm that LTA 1954 applies per s 23, namely: there is a periodic or fixed-term tenancy; the LTA 1954 does not cover, for example, a licence or a tenancy at will the tenant occupies at least part of the premises that...
This Practice Note outlines the practical actions a landlord should take when handling a business lease renewal under the Landlord and Tenant Act 1954 ( LTA 1954) in circumstances where it does not resist the grant of a fresh tenancy to the tenant. It sets out guidance on serving a section 25 notice or addressing the tenant’s section 26 request, the time limit for commencing proceedings, agreeing extensions to the statutory timetable, the form and content of the claim, where to issue, responding to the claim, and the next stages in the lease renewal proceedings. It explains deadlines for issuing proceedings and how to agree extensions to the statutory deadline. Check LTA 1954 applies Before taking any step, confirm the tenancy meets LTA 1954, s 23 requirements, namely: there is a periodic or fixed-term tenancy; LTA 1954 does not apply to, e.g., a licence or...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
This Practice Note examines VAT points to address when a lease is assigned or brought to an end. In this Practice Note, unless indicated otherwise, termination covers any form of ending a lease, including surrender, use of a break option, forfeiture, and a disclaimer in insolvency. Must the seller account for VAT?......
Land agreements Few would instinctively link land agreements with competition law, yet it is important to avoid arrangements that may trigger such concerns. A land agreement is one that creates, varies, transfers or ends an interest in land. Illustrations include: a contract for the sale of the freehold a lease assignments of leasehold interests agreements concerning easements licences and, in Scotland, interests under a lease and other heritable rights in or over land, such as heritable securities Historically, land agreements were carved out from the UK ban on anti-competitive agreements under section 2 of the Competition Act 1998 (the Chapter I prohibition). However, during the Competition Commission’s investigation into the groceries sector, issues were identified with grocery retailers using restrictive covenants to stop land being developed for competing supermarkets. In practice, this operated as a barrier to entry. The UK...
Pre-action protocol There is no dedicated pre-action protocol for claims brought under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996). Accordingly, parties should refer to the Practice Direction Pre- Action Conduct and Protocols (previously Practice Direction— Pre- Action Conduct). The current Practice Direction took effect on 6 April 2015 and was most recently updated on 6 April 2022, introducing a shorter, clearer set of steps to follow before proceedings are started, and it has been revised periodically. It is contained within the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, and sets out the conduct expected of parties before issue. Except in the most urgent circumstances, or where an application is made pursuant to an agreement, before commencing court proceedings—and whether the claim is pursued under CPR Part 7 or CPR Part 8—the court will ordinarily expect the parties to share...
This Practice Note sets out the differences between Parts 7 and 8 of the Civil Procedure Rules 1998 ( CPR), SI 1998/3132, in the context of claims pursued under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996), and includes a synopsis of both procedures while considering departures from the Part 8 route and the question of costs. When should proceedings be issued under Part 7 and when should proceedings be issued under Part 8? A TOLATA 1996 claim can be started under CPR Part 7 or under Part 8. As a trusts-related claim, a TOLATA 1996 claim is frequently viewed as more appropriate for the Part 8 procedure, by analogy with the requirements of CPR 64.2; however, those provisions apply solely to claims concerning the execution of a trust or brought under the Variation of Trusts Act 1958....
Introduction This Practice Note examines how dwellings (often called 'tied cottages') provided to agricultural workers as part of their employment terms are regulated under the Rent ( Agriculture) Act 1976 ( R( A) A 1976) as a 'protected occupancy', or the Housing Act 1988 ( HA 1988) as an 'assured agricultural occupancy', or the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) as an 'occupation contract'. It also considers the effect and implications of the Renters’ Rights Act 2025 ( RRA 2025) on those lettings. Non-tied accommodation (ie lettings of farm houses and other dwellings on agricultural land) will generally be subject, as appropriate, to the provisions and requirements of the Rent Act 1977 ( RA 1977), HA 1988, or RH( W) A 2016. Lettings under the Agricultural Holdings Act 1986 or the Agricultural Tenancies Act 1995 that include...
This Practice Note sets out the remedies available to a tenant who has applied for consent to carry out alterations in circumstances where consent is not to be unreasonably withheld, but the landlord has nevertheless refused the request unreasonably. For an explanation of when a landlord must not withhold consent unreasonably, and what amounts to an unreasonable refusal, see Practice Note: Landlord’s consent to alterations. For the landlord’s remedies where a tenant undertakes alterations without consent, see Practice Note: Landlord’s remedies for alteration without consent. Complete alterations without consent Where consent has been unreasonably withheld, a tenant is entitled to proceed with the alterations without obtaining that consent......
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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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