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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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1 Introduction 1.1 This guidance note sits alongside the following Lexis+® UK precedent development agreements: Agreement for lease—developer landlord to carry out major works Property development agreement (also commonly called a ‘building agreement’) Forward funding agreement 1.2 Sections 1–31 set out general matters for all development agreements. Sections 32–34 cover points specific to the Precedents: Property development agreement, Agreement for lease—developer landlord to carry out major works, and Forward funding agreement. 2 Terminology 2.1 In this note, the following terms apply: Developer The party who constructs, redevelops or refurbishes a building to realise a profit, usually by disposing of the completed scheme (with or without tenants) or, less often, by holding the asset and letting it to one or more tenants (the latter being uncommon, as most developers do not operate as commercial landlords). In building contracts, this party is often styled the ‘...
What are property derivatives? Property derivatives are contracts where payments are linked to property prices used as the reference rate, determining what each party owes the other. They are available over the counter ( OTC) or traded on exchanges. This remains a niche area for specialist investors, and usage in the UK has stayed limited. Why are property derivatives used? As with other financial derivatives, there is no single rationale for using them. They allow participants to gain exposure to movements in property values and can be used for speculation, hedging existing property positions, or transferring risk across portfolios. Such contracts provide a cost-effective route to express a view on property prices without the expense of direct investment. They are not typically subject to taxes such as stamp duty that would otherwise arise on direct property purchases. In line with other...
Introduction This Practice Note considers the process for bringing a property sale and purchase to completion. In the past, completion was effected by the buyer’s solicitor attending in person at the offices of the seller’s solicitor or the seller’s lender’s solicitor. The completion money would be provided by banker’s draft, exchanged for the duly executed conveyance and the relevant title documents. Today, personal completions are unusual, with the majority concluded by post. Rather than a banker’s draft, funds are transmitted by direct bank transfer, and the seller’s solicitor acts as the buyer’s solicitor’s agent for handling the completion formalities and, following completion, for forwarding the completed transfer and other title papers to the buyer’s solicitor. Contractual terms relating to completion The sale and purchase contract will set out the completion date and time, together with any other completion arrangements expressly agreed between the parties....
In this Practice Note, receivers, administrators and liquidators will, for ease of reference, be referred to together as Insolvency Practitioners ( IPs). Speed of the essence In almost every receivership or insolvency disposal, speed is paramount once a sale is agreed, and there is often intense pressure on every party and their advisers to exchange contracts and complete within the shortest feasible timeframe. In an administration, if the sale constitutes a pre-pack, the agreement for sale and the transfer will typically be exchanged and completed immediately upon the administrator’s appointment (see Practice Note: Pre-packs—landlords’ issues and remedies). Where no pre-pack is contemplated, the administrator will nonetheless aim to realise the company’s assets and conclude the administration as swiftly and effectively as possible. An administrator’s appointment initially lasts for 12 months and cannot be extended without the leave of the court or the...
When a bank or another source of finance resolves to fund a construction or development scheme, it will typically appoint a project monitor—often called a monitoring surveyor—to keep the project under review on its behalf. Because a lender’s own staff are unlikely to possess both the time and the requisite expertise to perform this function, the monitor acts, in practical terms, as the lender’s ‘eyes and ears’. In most cases, project monitors are either project managers or quantity surveyors, as these two professions carry sound knowledge of the contractual framework as well as the construction process itself. The lender should involve the monitor from an early point in the design and procurement stages, with that involvement then continuing throughout the build, right through to practical completion and beyond. This Practice Note describes the principal duties and roles undertaken by the project...
This Practice Note reviews private residential tenancies ( PRTs) applicable in Scotland from 1 December 2017. For assured and short assured tenancies effective between 2 January 1989 and 30 November 2017, refer to Practice Note: Assured and short assured tenancies— Scotland. What is a PRT? The private residential tenancy ( PRT) scheme took effect on 1 December 2017. It is a statutory model introduced by the Private Housing ( Tenancies) ( Scotland) Act 2016 ( PH( T)( S) A 2016). Under section 1 of PH( T)( S) A 2016, a PRT exists where: the property is let to an individual as a separate dwelling the tenant uses the property, or any part of it, as their only or main home the tenancy is not excluded under PH( T)( S) A 2016, Sch 1 (see: Tenancy must not be excluded from being a PRT: Stair...
This Practice Note offers guidance on assembling a contract bundle or title pack in a residential conveyancing matter. It addresses: the seller’s duty of disclosure, and how the seller’s conveyancer’s investigation of title and preparation of a thorough title pack help the seller meet that duty the requirements set by the Law Society’s Conveyancing Protocol 2019 ( Protocol) the documents to include within the title pack or contract bundle The guidance assumes the property is registered. For unregistered land, see the following Practice Notes: Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other...
Buying at auction Securing a property at auction brings several advantages over purchasing on the open market: you could obtain the property at a favourable price the auction route is swift lots at auction often present scope for improvement and adding value if the property is tenanted, income can be received from completion A buyer faces funding risk if a mortgage is needed for the completion monies. The contract becomes binding the instant the hammer falls and, therefore, if an unconditional mortgage offer for the purchase is not in place before the auction, the buyer carries the risk. Legal pack The seller’s legal advisers prepare a legal pack for the lot......
Post completion Post completion is the phase that follows completion in a transaction. Once a property changes hands, essential steps must be taken after documents are dated and funds are transferred. This stage is vital in any deal, and is especially pivotal for registered land because it underpins an effective transfer of legal title. This Practice Note explains why post completion matters, highlights the value of early preparation, and outlines the core post completion tasks for the sale and purchase of a registered freehold or leasehold commercial property, including: notification of completion and diarising key dates compliance with solicitors’ undertakings handling client monies post completion tax considerations HM Land Registry ( HMLR) applications (including execution requirements) managing transaction documents and title deeds It also covers extra post completion steps for transactions involving: discharging an existing legal charge over the property granting a new legal charge over the...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s implications for residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note reviews the minimum energy efficiency standards ( MEES) for domestic private rented properties ( DPRs) set out in the Energy Efficiency ( Private Rented Property) ( England and Wales) Regulations 2015 ( MEES Regs 2015), SI 2015/962. It concentrates on the obligations of landlords of DPRs to permit tenants’ energy efficiency improvements. It forms part of our series of Practice Notes on MEES. For an overview of the background to MEES, see Practice Note: Minimum energy efficiency standards ( MEES) in the private rented sector—snapshot. MEES Regs 2015, SI 2015/962, made under the Energy Act 2011 ( En A 2011), set out two principal...
Information about interests and dealings in land Part 11 of the Levelling-up and Regeneration Act 2023 ( LURA 2023) establishes yet another regime intended to enhance transparency around land ownership and control, in addition to the register of overseas entities and the Trusts Registration Service (see Practice Notes: Overseas entities and land under the Economic Crime ( Transparency and Enforcement) Act 2022—property registration and restrictions, and Trust Registration Service for conveyancers). Addressing ‘ Information about interests and dealings in land’, it creates a framework under which the Secretary of State may, by regulations, require the disclosure of information that sits within a ‘permitted purpose’. That information is to be supplied to the Chief Land Registrar, or to another person exercising public functions on behalf of the Crown. Although Part 11 came into force on the day LURA 2023 was passed, the...
The Protocol (2019) presents the Law Society’s preferred approach for residential conveyancing matters. Its purpose is to streamline and standardise the residential conveyancing process. The Protocol has two components: the general solicitor obligations the Protocol framework Further detail is set out below. Which transactions does the Protocol apply to? The Protocol is designed for residential sale and purchase transactions involving an owner occupier. It is assumed that the buyer’s and seller’s solicitors will also represent their clients’ respective lenders. It is not intended for the purchase of new build homes. Solicitors accredited under the Conveyancing Quality Scheme ( CQS) must follow the Protocol, subject to certain exceptions, such as client instructions and changes in the law. Conveyancers who are not CQS accredited are not required to use the Protocol, although it is regarded as best practice. Ideally, both parties to a...
This Practice Note seeks to clarify what is meant by ‘jurisdiction’ in the context of cross-border disputes arising in litigation before the courts and related procedural matters. It sets out why identifying the proper forum matters and how the courts of England and Wales (the English courts) assess whether they have authority to hear a given claim or determine a specific dispute. Several jurisdictional regimes may govern, and pinpointing the correct one can be challenging in practice from the outset. Even after selecting the relevant regime, working through its scope and operation is not always straightforward, both procedurally and substantively, in application and practice. This Practice Note assists by identifying the principal regimes and addresses related matters, including jurisdiction agreements, a defendant’s domicile, staying proceedings in favour of a competent court, or seeking a declaration that a court lacks...
A sample mark-up showing the changes to the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPC) within Precedent: Contract for sale—freehold, vacant possession can be accessed through the following link: The symbols......
This Practice Note explores the operation of the Hague Convention on Choice of Court Agreements when jurisdictional questions arise in practice. It reviews the varieties of jurisdiction clauses and assesses whether they fall within the Convention’s scope. It then explains the duties placed on the court named in an exclusive jurisdiction clause (the chosen court), together with the responsibilities of courts seised where they are not the designated forum (non‑chosen courts). The Practice Note also addresses the availability of anti‑suit injunctions under the Convention and how the Convention is applied in disputes involving multiple parties and interests. It should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)— Brexit considerations. An explanatory report on the Hague Convention on Choice of Court...
Why are lenders concerned about environmental risk? An expanding body of environmental legislation has reshaped how lenders view environmental risk, and, in general, prompted them to adopt a tougher, more cautious stance overall......
Powers—general The statutory authority given to an LPA/fixed charge receiver is quite restricted. Therefore, to perform the functions required by the appointing mortgagee, the LPA/fixed charge receiver must rely on express powers contained within the mortgage deed. Statutory powers The statutory powers of an LPA/fixed charge receiver are found in section 109 of the Law of Property Act 1925 ( LPA 1925), and are limited in extent. Under LPA 1925, s 109(3), the receiver is authorised to demand and collect income from the property over which they are appointed and to provide receipts. In addition, under the LPA 1925 the LPA/fixed charge receiver may exercise any powers that have been delegated to them by the mortgagee......
Tainted charity donations rules The tainted charity donations rules, set out in Schedule 3 to the Finance Act 2011 ( FA 2011), are designed to prevent the misuse of reliefs linked to income tax, corporation tax or capital gains tax when a charitable gift is made. They achieve this by refusing those reliefs where HM Revenue & Customs ( HMRC) can establish that a donor, or someone connected to the donor, has entered into an arrangement with a charity with the purpose of securing a tax advantage from the gift rather than acting with entirely charitable motive. Chapter 8, Part 13 of the Income Tax Act 2007 ( ITA 2007) withdraws entitlement to any income tax reliefs and advantages Part 21C of the Corporation Tax Act 2010 ( CTA 2010) withdraws entitlement to corporation tax reliefs Section 257A of the...
Early completion Early completion describes HM Land Registry’s policy (effective from 3 August 2009) where an application seeks to discharge a registered charge affecting the whole of a registered title at the same time as other transactions, but no form DS1 accompanies it. In those circumstances, HM Land Registry will reject the discharge element as substantially defective and will proceed to complete the remaining applications (assuming it is possible to do so). The most typical scenario is where a buyer’s solicitor or conveyancer lodges applications together: to redeem the seller’s mortgage, to register the transfer of the property to the buyer, and to register a charge in favour of the buyer’s lender, yet files the submission before a DS1 relating to the seller’s mortgage has been received. Under early completion, the transfer to the buyer and the buyer’s mortgage will be completed on the...
FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025 For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. That Practice Note details which party must issue a break notice and on whom it must be served, along with the acceptable methods of service. It addresses whether service is permitted or required by contract, the statutory frameworks governing service of notices, and the deeming rules under: section 196 of the Law of Property Act 1925 ( LPA 1925) section 23 of the Landlord and Tenant Act 1927 ( LTA 1927) section 7 of the Interpretation Act 1978 ( IA 1978) the common law It further considers how break notices align with statutory security of tenure for assured shorthold tenancies ( ASTs) under the Housing Act 1988, and with...
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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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