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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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Under the Landlord and Tenant Act 1927 ( LTA 1927), tenants of particular holdings may issue a notice confirming they plan to make identified improvements to the premises. This Practice Note explains the steps to follow and how the court decides what amounts to a tenant’s improvement in this context. It further addresses a landlord’s choice to undertake the works itself and the landlord’s duty to compensate in respect of an improvement. It does not address the transformation of a qualified alterations covenant into a fully qualified covenant (for improvements) under LTA 1927, s 19(2). For that topic, see Practice Notes: Landlord’s consent to alterations and Negotiation guide—alterations clause—commercial leases. Tenants’ entitlement to serve notice Subject to limited exceptions, a tenant using all or part of its premises for the purposes of a trade or business (including a profession) is entitled to serve notice of its...
This Practice Note sets out the remedies available to a tenant who has applied for consent to change use in circumstances where consent must not be unreasonably withheld, and the landlord has unreasonably rejected the application. For guidance on when a landlord must not unreasonably withhold consent, and what amounts to an unreasonable refusal, see Practice Note: Permitted use, change of use and preventing a competing use — leases. For the landlord’s remedies where a tenant breaches a user clause, see Practice Note: Landlord’s remedies for change of use without consent. Change the use without consent Where consent has been unreasonably withheld, the tenant is entitled to proceed without it. The need for consent......
This Practice Note sets out the remedies open to a tenant who has sought consent to assign or underlet where consent must not be unreasonably withheld, and the landlord has refused the application without reasonable grounds. For further guidance on when landlords are prohibited from unreasonably withholding consent, and what amounts to an unreasonable refusal, see Practice Note: Landlord's consent to assign or underlet. For the landlord’s options where a tenant assigns or underlets without approval, see Practice Note: Landlord’s remedies for assigning or underletting without consent. Assign or underlet without consent If consent has been withheld unreasonably, the tenant may assign or underlet without obtaining it. In such circumstances, the consent requirement effectively ceases to apply. For practical purposes, this is......
This Practice Note explains when and in what circumstances, under section 31A of the Landlord and Tenant Act 1954 ( LTA 1954), a tenant can seek to overcome a landlord’s resistance to renewal on relevant redevelopment grounds pursuant to LTA 1954, s 30(1), ground (f), for example by proposing a fresh tenancy that contains detailed provisions granting the landlord lawful access and necessary facilities to undertake the planned works, or by agreeing to a new tenancy of an economically distinct part of the existing holding, thereby enabling the landlord to reasonably carry out the proposed works. Where a landlord opposes renewal of a business tenancy on ground (f) (intention to demolish or reconstruct the premises—see Practice Note: Grounds of opposition: ground (f)—demolition, construction, reconstruction and substantial works), the tenant may defend its application for renewal if LTA 1954, s 31A...
Practice Note overview This Practice Note sets out the key concepts and common hazards involved in the reinstatement of tenants’ alterations. The topic is often contentious: landlords may inherit premises in an unlettable condition, and tenants can be required to carry out reinstatement works—potentially lasting months—right at the eleventh hour... Scope exclusions Reinstatement following damage by an insured (or uninsured) risk—see instead Practice Notes: Negotiation guide—insurance clauses—commercial leases and Insurance issues for tenants Dilapidations in relation to disrepair—see instead: Dilapidations—overview No reinstatement obligation Where there is no obligation to reinstate the demised premises, any lawful alteration becomes part of the premises and the tenant cannot be compelled to reverse it. The tenant must yield up the premises with those alterations, although it may remove any tenant’s fixtures up to the very last moment of the term—see Practice Note: Fixtures and fittings. In Peel Land and...
Deposits requested by landlords and letting agents for certain residential tenancies must be safeguarded by a tenancy deposit scheme ( TDS), whether insurance-based or custodial. This Practice Note outlines the purpose of the deposit legislation, the obligations on landlords, the financial penalties for non-compliance, and the limits on regaining possession. The deposit regime All deposits taken by landlords for residential assured tenancies ( ATs) in England must be protected under a TDS. Transitional provisions exempt tenancies that were non-shorthold ATs before 1 May 2026. The parties cannot contract out of these duties. There are two forms of TDS: insurance-based schemes and custodial schemes. They are intended to: allow tenants to recover all or part of their deposit when they are entitled to it and make any disputes easier to resolve encourage landlords and tenants to agree clearly from the outset on the...
ARCHIVED : This archived Practice Note was prepared by reference to the earlier/old Electronic Communications Code (the previous Code) and, where premises might be affected by telecommunications leases governed by the previous Code, it flags drafting considerations and due diligence points where relevant. Nevertheless, its substance still has relevance for the purposes of the transitional arrangements in the new Code. It is not updated and is supplied solely as background information purposes only. The new Code (found in Schedule 3A, Part 1 to the Communications Act 2003) took effect on 28 December 2017. Under the transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, subsisting agreements made under the previous Code (ie an agreement pursuant to paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the previous Code) continue to...
The Taking Control of Goods legislation The taking control of goods ( TCG) regime comprises two distinct processes: TCG—superseding the former writs of fieri facias and warrants of execution used to enforce judgment debts Commercial rent arrears recovery ( CRAR)—replacing the previous distress for rent procedure for commercial rent arrears This Practice Note addresses only the TCG route. For CRAR, see Practice Note: Commercial rent arrears recovery ( CRAR). The TCG framework is set out in several interrelated instruments: Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007) The Taking Control of Goods Regulations 2013, SI 2013/1894 ( TCG Regulations) The Taking Control of Goods ( Fees) Regulations 2014, SI 2014/1 ( Fees Regulations) Certification of Enforcement Agents Regulations 2014, SI 2014/421 ( Certification Regulations) CPR 83– CPR 85 Together, these provisions operate as an essentially self-contained procedural code governing all aspects of TCG. For many practitioners, detailed engagement with this...
Application by party to lease for variation Any party to a long lease of a flat may apply to the First-tier Tribunal ( Property Chamber) in England or the leasehold valuation tribunal in Wales to vary a lease that fails to make satisfactory provision for repairs/maintenance (including installations), building insurance, services needed for a reasonable standard of accommodation, the recovery and computation of service charges, or other prescribed matters. “ Satisfactory provision” has its ordinary meaning; the lease need not be seriously defective. Tribunals will not cure drafting errors, tenant non-observance or perceived inequities, and a service charge shortfall alone is insufficient. They have no jurisdiction to rectify mistakes. A respondent may seek corresponding variations of other long leases with the same landlord. A majority application is possible where the object cannot be achieved unless all leases are varied; statutory consent thresholds apply. Only changes...
This Practice Note This Practice Note sets out the principal deadlines for exercising the statutory right (subject to the statutory qualifying criteria) of qualifying tenants of long leases of houses to obtain the freehold (individual enfranchisement), or to purchase a 50-year extension of the house lease under the Leasehold Reform Act 1967 ( LRA 1967), together with any consequences of missing those deadlines. Landlord’s notice in reply to claim ( acquisition of the freehold or a lease extension ) Time limit: Within two months from the date the tenant’s notice of claim is served. Sanction/ Consequence: If the landlord intends to challenge the inclusion or exclusion of any premises (see below), the objection must be given with, or before, the reply, unless the reply reserves the right to object later. If no reply is served, the tenant may apply to the County Court to...
Starter tenancies A starter tenancy is a form of assured shorthold tenancy issued by a registered provider of social housing ( RP), akin to a local authority introductory tenancy (see: Tenancies that are not secure — Introductory tenancies). These arrangements were brought in to allow swift action to safeguard communities from anti-social behaviour and to align with the government’s Respect Standard for Housing Management. Once an RP decides to run a starter tenancy scheme, every new tenant, or those within a designated area, will be granted a starter tenancy. 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 exceptions). New assured shorthold tenancies can no longer be created, and existing assured shortholds automatically convert to occupation contracts. The terms of both existing and new...
This Practice Note summarises the reach and purpose of the Pre- Action Protocol for Possession Claims by Social Landlords (the Protocol), in force from 13 January 2020. It covers residential possession proceedings in England and Wales brought by social landlords (for example, local authorities and housing associations). It also outlines landlords’ duties to observe the Protocol, including how and when to make first contact with the tenant, circumstances in which proceedings must not be issued, and requirements for serving statutory notices. It further addresses the need to explore alternative dispute resolution ( ADR), the mandatory grounds for possession, and the implications of non-compliance with the Protocol. Scope The Protocol applies to residential possession claims in England and Wales brought by social landlords, including: a local authority, or a housing association Part 2 concerns claims based solely on rent arrears. Part 3 covers cases where the court’s power to defer...
This ‘how to’ guide explains how social landlords can serve a notice to seek possession of an assured shorthold tenancy under section 21 of the Housing Act 1988 ( HA 1988). It summarises the key elements of the notice, including when it should be given, how service should take place, and the preconditions that must be satisfied. From 1 May 2026, the section 21 route is removed for the private rented sector (with transitional arrangements for section 21 notices issued before that date) and will only apply in the social sector. For guidance on ending an assured tenancy in the private sector, see Practice Note: Private sector assured tenancies—terminating. Check the term dates A section 21 notice cannot be served during the first four months of the term (or the original term where the tenancy is a replacement) and must not expire before the...
This ‘how to’ guide explains how social landlords can serve a notice under section 8 of the Housing Act 1988 ( HA 1988) to recover possession of a dwelling in England let on an Assured tenancy ( AT) or an Assured Shorthold Tenancy ( AST). Social landlords—being private registered providers of social housing—are not yet affected by the reforms brought in by the Renters’ Rights Act 2025 ( RRA 2025). It sets out the required form and service of the notice, the grounds for possession, and the practical actions to take once a notice has been issued. For guidance on serving notice to determine an AST under HA 1988, s 21 see Practice Notes: Social sector tenancies—how to serve a section 21 notice, Quick guide to terminating Assured and Assured Shorthold Tenancies and Assured and assured shorthold...
Section 49 of the Law of Property Act 1925 This Practice Note outlines the procedure under section 49(1) of the Law of Property Act 1925 ( LPA 1925). It enables a buyer or seller of any interest in land (or their representatives), during the period between exchange and completion, to make a summary application to the court in relation to: any requisitions or objections any claim to compensation, or any other issue arising from or connected with the contract (other than a matter affecting the contract’s existence or validity) The provision applies to contracts for the sale or exchange of any interest in land. The court may make whatever order appears just, including directions on the costs of and incidental to the application. The court has no power to award damages. For guidance on the court’s discretion to order repayment of a...
ground of opposition (a) A landlord may resist the grant of a new lease under section 30(1) of the Landlord and Tenant Act 1954 by relying on ground (a). That ground applies where, under the current tenancy, the tenant carries obligations concerning the repair and maintenance of the holding, and, given the holding’s condition resulting from the tenant’s failure to comply, a further tenancy ought not to be granted. the tenant has duties (whether express, implied or statutory) to maintain and repair the holding; and the holding is in disrepair because those duties have been breached The disrepair must stem from the tenant’s breach of its obligations under the lease, and it must be substantial. In other words, it is not easily remedied and has a significant impact on the landlord’s reversion. The court will assess the position across the term, up to the date of the...
This Practice Note examines the actions required when giving a landlord’s notice under section 25 of the Landlord and Tenant Act 1954 ( LTA 1954) to a tenant in order to end a business tenancy. It addresses whether the occupier benefits from security of tenure under the LTA 1954, identifies the competent landlord, explains the timing for service of a section 25 notice, and sets out what the notice must contain and how it should be framed. It also outlines key practical matters to address promptly once service has taken place. For fuller guidance on ending LTA 1954 tenancies and on lease renewal and termination proceedings, see Practice Notes: LTA 1954 business lease renewal—termination and LTA 1954 business lease renewal—proceedings. Does the tenant have security of tenure under LTA 1954? As an initial step, confirm: whether the tenant meets the criteria in LTA 1954, s 23 and holds a...
Break clauses A break clause is a provision in a lease that allows the landlord or the tenant to bring the lease to an early end. The Practice Note: Break options in commercial leases in Scotland examines break clauses in depth and covers: who is entitled to exercise the break the timing for exercising the break clause any pre-conditions to using a break clause the implications for sub-leases For sample drafting, see Precedents: Break clause for commercial lease in Scotland—landlord option—style, Break clause for commercial lease in Scotland—tenant option—style, and Break clause for commercial lease in Scotland—mutual option—style. For practical guidance on exercising a break option, see: Break options—exercising break clauses in Scotland—checklist. Break notices Break options are operated by serving a break notice. The break clause often specifies the requirements for the notice, including its form, the date and method of...
This Practice Note offers guidance on the current rules and practice in the Scottish civil courts, including electronic lodging of documents and virtual hearings. It does not extend to criminal business or to procedures specific to the All Scotland Personal Injury Court. For key points in Scottish civil litigation, see: Scottish DR: courts and civil procedure—overview, Scottish DR: starting a claim—overview, and Scottish DR: case management and evidence—overview, which link to detailed guidance on particular aspects of dispute resolution in Scotland. Electronic submission of documents in Scotland From 1 December 2025, under the Act of Sederunt ( Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302: an electronic signature meets any requirement to sign or authenticate a document, and electronic transmission (to a person or their solicitor) meets any requirement to send a document to that...
This Practice Note provides an overview of the court structure for civil cases in Scotland, covering the Supreme Court, the Court of Session, the Sheriff Appeal Court and the Sheriff Courts It outlines each court’s role, their composition and jurisdiction. It also covers the procedures that govern proceedings, the precedential weight of decisions, and the avenues of appeal. It should be read alongside the —flowchart, which gives a simple diagram of the civil court system. Note: any mention in this Practice Note of appeals to the Supreme Court should be understood as relating to matters where an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, when the SCR took effect ( SCR 1). The SCR 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). However, the old SCR remain...
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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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