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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 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...
Prima facie, a freehold estate covers everything beneath the land’s surface and the airspace directly above, seemingly without limit in both directions, though the purported absoluteness of that idea has been moderated in recent times. Accordingly, one freehold ought not to overlap with another at all. Even so, practitioners should remain alert to the existence of a ‘flying freehold’: a freehold (or part of it) that projects, or ‘flies’, above a neighbouring freehold; the property beneath, which extends under the flying freehold, is sometimes described as a ‘creeping freehold’. Today, such a situation would usually be dealt with by granting a long lease, yet flying freeholds (often created many years ago) still appear on a regular basis......
Scope of this Practice Note Land, or real property, is frequently taken as security for a loan...
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...
FORTHCOMING CHANGES: At Budget 2025, the government confirmed Finance Bill 2026 measures: Main pool writing‑down allowances fall from 18% to 14% from 1 April 2026 ( CT) and 6 April 2026 ( IT), impacting companies and unincorporated businesses, including pre‑ FYA expenditure. A 40% first‑year allowance for qualifying main rate spend incurred from 1 January 2026, with fewer restrictions than other FYAs; it mainly helps costs outside the £1m AIA or existing FYAs, applies to all businesses, includes assets used for leasing (not overseas), and excludes cars and second‑hand assets. 100% green FYAs for zero‑emission cars and EV charging points extended to 31 March 2027 ( CT) and 5 April 2027 ( IT). The Practice Note outlines section 198/199 CAA 2001 elections for fixtures transferred on property sales or new leases. Default treatment is a just and reasonable...
This Practice Note examines what is meant by chargeable consideration, the concept that sets the level of stamp duty land tax ( SDLT) payable on a chargeable transaction. For guidance on what constitutes a chargeable transaction, consult Practice Note: Land transactions, chargeable interests and chargeable transactions. For treatment of chargeable consideration in relation to leases, see Practice Note: SDLT-common lease transactions. From 1 April 2015, SDLT no longer applies to any land transaction involving any interests in or over land in Scotland. From that date, land and buildings transaction tax ( LBTT) applies to those transactions, subject to transitional provisions. Accordingly, any references in this Practice Note to ‘ UK land’ or similar terms, where SDLT is in point, should be interpreted as excluding interests in or over Scottish land from 1 April 2015. For more information, refer to the LBTT...
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......
This Practice Note outlines the meaning of a profit à prendre and the various categories, the ways such rights may come into being and be brought to an end, and highlights those most frequently met in practice. It also briefly addresses profits à prendre during due diligence and the means of securing them by registration at HM Land Registry. Introduction—what is a profit à prendre? A profit à prendre is a legal right to remove natural produce from land owned by someone else. Illustrations of profits include: elements of the land itself, such as sand, peat or minerals products growing on the land, such as grass or timber—this includes grazing rights wild creatures such as fish or game In day-to-day practice, shooting and fishing rights (often called sporting rights) are the profits most often encountered. The items taken must be capable of...
This Practice Note explores matters that arise in proprietary estoppel within a property context. For a broader overview of proprietary estoppel, please refer to Practice Note: Proprietary estoppel. The doctrine of proprietary estoppel Proprietary estoppel operates to modify or create proprietary interests in land, in circumstances where insisting on strict legal rights would be unconscionable in the circumstances. It thereby gives rise to an equity in favour of the person who is entitled to rely upon the estoppel. Unlike other forms of estoppel, it can also itself provide a cause of action. Proprietary estoppel arises where: a landowner ( D) gives an assurance or promise, or otherwise encourages another person ( C), leading C to believe that they have, or will have, a right or benefit in relation to D’s land C acts in reasonable reliance upon that assurance, promise or...
This Practice Note sets out guidance on carrying out a sale under an order for sale following a charging order, addressing the chosen route to sale (private treaty, auction, etc), matters to resolve before completion such as vacant possession, ending tenancies and redeeming incumbrances, and the application of the sale proceeds. Once a charging order is secured, the creditor gains a measure of security for the debt (which may in some instances be limited—see Practice Note: Charging orders over land—registration issues). If the debt stays outstanding, the creditor’s next step is to enforce the order against the debtor. Subject to the Charging Orders Act 1979, a charging order has effect and can be enforced in the same way as an equitable charge. In practical terms, enforcement involves obtaining an order for sale. Obtaining an order for sale A charging order merely secures the value of the...
Under the Defective Premises Act 1972 ( DPA 1972) A person undertaking work either: for, or connected with, providing a dwelling ( DPA 1972, s 1(1)); or concerning any part of a “relevant building”, being a building with one or more dwellings ( DPA 1972, s 2A); owes a duty to see that the work is carried out in a competent or, as appropriate, professional way, using suitable materials, so the dwelling is fit for human habitation. “ Fit for habitation” is not a freestanding obligation; it is the yardstick by which “competent”/“professional” execution and “suitable materials” are assessed. It is the measure by which workmanship and the appropriateness of materials are evaluated. Accordingly, liability under DPA 1972, ss 1(1) and 2A is strict: where the works or materials supplied have made the dwelling unfit for habitation, the defendant is in breach of the...
What duty is owed by a landlord under the Defective Premises Act 1972 ( DPA 1972)? This Practice Note explains the landlord’s obligations under the DPA 1972, the circumstances in which they arise, duties owed to others (including trespassers), whether disrepair is required, if awareness or notice of a defect is needed, and the effect of works during the tenancy. When the duty takes effect Obligations to third parties and trespassers The necessity for disrepair Whether knowledge or notification of a defect is required The position where works occur during the tenancy For guidance on duties under DPA 1972, sections 1(1) and 2A (the latter introduced by section 134 of the Building Safety Act 2022) for those undertaking work for or connected with providing a dwelling, or other work relating to a dwelling, how those obligations operate, and their...
This Practice Note examines matters arising when a party to a lease dies during the term, including the consequences for the lease, any termination rights that may emerge, how to serve notices on a deceased landlord or tenant or refer to them in proceedings, and the principle of survivorship. It also addresses what occurs on the death of a guarantor, and the approach to registration. Vesting in personal representatives Death of the tenant The lease does not determine on the death of a sole tenant. Rather, the term (fixed or periodic) vests in the tenant’s personal representatives ( PRs). It does not devolve under any Will or intestacy until expressly assigned. Where there is a Will, the executors take the lease immediately on the tenant’s death. If the tenant died intestate, or there are no validly appointed executors willing or able to act, the lease vests in the...
Part 26A restructuring plans ( RPs) Since 26 June 2020, Part 26A restructuring plans ( RPs) have been in force by virtue of the Corporate Insolvency and Governance Act 2020 ( CIGA 2020). Section 7 and Schedule 9 of CIGA 2020 inserted a new Part 26A into the Companies Act 2006 ( CA 2006), entitled ‘ Arrangements and Reconstructions for Companies in Financial Difficulty’. The framework for their use is informed by: the applicable Practice Statement (see Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)); and the Explanatory Notes, which are admissible to assist with interpretation without any need to show that the legislation is ambiguous or unclear (per Snowden J, as he then was, in Re Virgin Atlantic Airways, applying Re Flora v Wakom ( Heathrow) Ltd). These RP provisions represent a permanent reform of the UK’s...
The Insolvency Act 1986, s A1 ( IA 1986) The Insolvency Act 1986, s A1 ( IA 1986) sets out a mechanism allowing directors of insolvent companies, or those likely to become insolvent, to secure a moratorium. The initial period is a 20 business day period, with scope for extension in defined circumstances. The regime is underpinned by the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, r 1A.1. Its purpose is to give otherwise viable businesses breathing space to reorganise or attract fresh investment without the pressure of creditor enforcement. The statutory architecture for this moratorium was added to IA 1986 by the Corporate Insolvency and Governance Act 2020 ( CIGA 2020), expedited in response to the coronavirus pandemic. An insolvency practitioner acts as ‘monitor’, supervising compliance, while the directors continue to manage day-to-day operations, albeit within...
Conflicts arise in two categories: own interest conflicts (also termed solicitor–client conflicts) and client conflicts of interest. This Practice Note outlines when you may proceed where an actual or possible client conflict exists between two or more clients in a conveyancing or property context. It reflects the SRA Standards and Regulations. For broader regulatory guidance on conflicts, see the Practice Notes: Conflicts of interest—law firms and solicitors and Conflicts of interest—systems and controls. What is a client conflict of interest? A client conflict of interest occurs where your distinct duties to promote the best interests of two or more clients clash in the same matter or a related matter. The SRA describes this simply as a ‘conflict of interest’. You must not act on a matter, or any particular aspect of it, if such a conflict exists or there is a...
Principal private residence relief ( PPR relief) removes some or all of the gain arising on the sale or disposal of an individual’s dwelling-house from capital gains tax ( CGT) where the property was their sole or principal residence at any time during their ownership period. UK-resident taxpayers may claim PPR relief on the disposal of a UK or a non- UK residence. Individuals who are not UK resident may claim PPR relief on the disposal of a UK dwelling-house. From 6 April 2015, a residence will not qualify for PPR relief in a tax year unless the individual either: was resident, in that tax year, in the country where the dwelling-house is situated; or spent at least 90 nights in the dwelling-house (or in dwelling-houses within the same country) during that tax year. Principal private residence relief: the basics In general, gains realised on the...
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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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