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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:
Most recent Practice notes
This Practice Note It outlines the particular procedural phases in a judicial review application and then explains in detail the specific obligations for each phase, as set out by the CPR, CPR PD, and Administrative Court guidance......
Practice Note: IR35—introduction, developments and key difficulties As outlined in Practice Note: IR35—introduction, developments and key difficulties, the IR35 framework consists of two principal aspects. This Practice Note sets out the aspect of IR35 that applies where: from 6 April 2017, a public authority, and from 6 April 2021, a private sector entity (other than one that is ‘small’ or does not have a ‘ UK connection’) engages a worker through an intermediary such as a personal service company ( PSC). This aspect is described as the ‘large and public client off-payroll regime’ throughout this Practice Note and across all items in this subtopic. The other aspect of IR35 applies in every other situation, for instance where the contracting end client is a small private sector entity or lacks a UK connection. That regime is termed the ‘small client...
For information on the overarching regime overseeing the use of powers under the Investigatory Powers Act 2016 ( IPA 2016), see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016. What does the investigate? The IPT has jurisdiction to examine and resolve complaints relating to the conduct and deployment of covert surveillance by public authorities, including UK intelligence agencies. Section 65(5) of the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), as amended by IPA 2016, provides a detailed catalogue of what amounts to ‘conduct’ for the IPT’s purposes. In essence, ‘conduct’ covers a public authority exercising covert surveillance powers under IPA 2016 or RIPA 2000, and any activity undertaken by or on behalf of the intelligence services. By way of illustration, the IPT considers complaints about conduct by or for the police, the Security Service, the Secret...
An intention to create legal relations is required A court may conclude that an agreement is not enforceable even where consideration is present, because the parties lacked any intention to be legally bound (see, eg, Blue v Ashley). Did the parties intend to create legal relations—a question of fact Whether the parties possessed the necessary contractual intention is a factual matter, determined by the particular facts of the case. That said, the authorities accept that, in certain contexts, there is a presumption that such intention is missing. Proving the intention to create legal relations—express agreements In a typical commercial setting, it is generally unnecessary to prove that the parties to an express arrangement actually intended to create legal relations. In the absence of contrary evidence, the law presumes that they did. The burden of establishing that no legal effect was intended falls on the party asserting that...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) have commenced. Any procurement launched on or after this date must follow PA 2023, while procurements initiated under the earlier framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen under those rules. Refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Promoting sustainable development via public...
Article 1 of Protocol 1 ( A1P1) states Every natural or legal person has the right to the peaceful enjoyment of their possessions. No person shall be deprived of their possessions except in the public interest and subject to conditions laid down by law and by the general principles of international law. The foregoing provision does not in any way limit a state’s right to enact and enforce laws it considers necessary to regulate the use of property in accordance with the general interest, or to secure the payment of taxes, other contributions, or penalties. Scope of the Protected Right The first rule is general in nature and sets out the right to property. The second and third rules represent interferences with that primary right and must be construed in the light of the principles contained within it. Elements of the Protected...
Historical and policy context arose in response to widespread piracy of government publications in the 19th century—particularly ordnance maps—which highlighted the necessity for copyright safeguards. Statutory began with the Copyright Act 1911, which confirmed in government works. It was recognised that the ordinary taxpayer should be shielded from the narrow commercial interests of a few who might secure private gain through unrestricted reproduction of ‘official matter’. The legend ‘ reserved’ was first applied in 1912. Under the transparency agenda of the 2010–15 Conservative and Liberal Democrat coalition government, there was a clear drive to open up government, in order to: strengthen public accountability support public service improvement by generating more comparative data and increasing user choice stimulate economic growth by helping third parties develop products and services based on public information Given the government’s promotion of open data and...
ARCHIVED: This Practice Note is archived and is not being maintained or updated. Procuring major transport schemes obliges the procuring authority to address a broad spectrum of matters from the outset, at the very start of the process, notably securing every necessary planning consent and permission for the scheme. This Practice Note highlights key issues likely to arise when tackling these demands, and how they may best be approached. Town and Country Planning and other approvals Land use consent is needed to sanction the scheme’s build and operation. Associated powers may also be required to: compulsorily acquire land and interests to build and run the scheme override existing rights that could enable third parties to obstruct the scheme amend existing highways, commons and waterways authorise interventions affecting heritage assets (listed buildings, scheduled ancient monuments) authorise measures such as tolling make...
Scope of supremacy As first composed, the EU Treaties lacked any clause expressly assuring the supremacy, otherwise termed the primacy, of EU law. In practice, the Court of Justice’s deployment of the supremacy principle has largely secured the uniform application of EU law throughout the Member States; absent this doctrine, EU law would lose its integrative force. Supremacy is therefore a judicial creation, and the Court of Justice’s steadfast adherence to it is the clearest explanation for the sophisticated and profound integration achieved between the Member States. Through a succession of seminal rulings, the Court of Justice, alongside national courts, has shaped and entrenched the doctrine, seeking to delineate how European law relates to national law, including national constitutional law. Equally, one must recognise the substantive role of national courts in sustaining supremacy by making EU Treaty rights effective for citizens within the...
Policy context The first National Planning Policy Framework (2012 NPPF) was issued on 27 March 2012 and came into force at once. It streamlined more than 1,000 pages of planning policy statements, guidance and circulars into a single text. Central to the 2012 NPPF was a presumption in favour of sustainable development. A refreshed NPPF followed in July 2018, with modest amendments in February 2019. Further updates arrived on 20 July 2021, September 2023 and December 2023 (the 2023 NPPF). The 2018, 2019, 2021 and 2023 iterations kept the presumption in favour of sustainable development, albeit with a shift in emphasis and practical application, as explored in this Practice Note. In July 2024, the government consulted on reforms to the NPPF, including proposals affecting the presumption in favour of sustainable development, considered further below (see ‘ Proposed changes to presumption insofar as it affects...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note addresses the position before the Procurement Act 2023 regime. It offers direction for public procurement exercises started prior to the Procurement Act 2023 ( PA 2023) taking effect on 24 February 2025. Any in-scope processes initiated on or after that day fall under PA 2023. By virtue of PA 2023’s transitional and savings measures, the earlier public procurement frameworks continue, so far as required, to let contracting authorities finalise and administer procurements begun before PA 2023 commenced (ie procurements still in progress). This Practice Note should be considered with that in mind and contextually understood. For introductory material, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical guidance on PA 2023 appears within a distinct subtopic, see: Procurement Act...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the former framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. For practical guidance on market engagement under the previous legislation, see Practice Note: Market engagement in public procurement. What is preliminary market engagement? Preliminary market engagement ( PME) means researching and engaging with the market to shape a forthcoming...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Competitions commenced on or after this date must proceed under PA 2023. Procurements initiated under the earlier framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and overseen under those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. What is preliminary market...
This Practice Note outlines the legal framework on discrimination arising from pregnancy, pregnancy‑related illness and maternity under the Equality Act 2010 ( Eq A 2010). It explores the scope of the protected period for these issues, what amounts to unfavourable treatment, potential difficulties with the pregnancy and maternity leave discrimination provisions, associative discrimination claims, the interpretation of ‘because of’ in this setting, how these rules sit alongside equality of terms provisions, the position on non‑contractual payments, and workplace risk assessments for women who are new or expectant mothers. The Note also cites case law of the Court of Justice of the European Union ( CJEU). For guidance on whether CJEU judgments bind UK courts, see Practice Note: Assimilated law— Assimilated case law. Domestic measures implementing the UK’s EU obligations form part of assimilated law. For more detail, see Practice Note:...
Precedent at common law Observance of precedent is a crucial feature of common law adjudication. When a precedent is binding, later courts should, in the ordinary course, follow and respect it. The binding effect operates in two ways: Vertical stare decisis: Decisions of higher courts must be honoured by courts below. In Cassell & Co Ltd v Broome, the Lord Chancellor underlined that, within this country’s court hierarchy, each lower tier must loyally accept the rulings of the higher tiers. In Willers v Joyce ( No 2), Lord Neuberger explained that, in a common law system where judges make the law in some areas and develop it in virtually all, the doctrine of precedent (stare decisis) is fundamental; determinations of law by more senior courts have to be accepted by more junior courts, otherwise the law becomes anarchic and forfeits...
This Practice Note outlines the pre-action protocols, citing the Practice Direction Pre- Action Conduct and Protocols ( Practice Direction), and provides a summary of the particular pre-action protocols that may apply to your dispute. It gives guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your matter is progressing, you may also need to consider further provisions—see below. For details on: the reforms proposed by the Civil Justice Council following its review of the pre-action protocols, and any related developments discussed at subsequent Civil Procedure Rule Committee and Online Procedure Rules Committee meetings—see: Pre-action protocols—overview the importance of alternative dispute resolution ( ADR)—see: ADR and dispute resolution clauses—overview and Mediation—overview developments concerning online dispute resolution—see: Starting and managing online claims—overview general guidance on commencing a claim—see: Starting a claim or...
Terrorism law in the UK spans both common law and statute, encompassing a broad range of criminal offences and civil powers. The Terrorism Act 2000 ( TA 2000) was crafted to serve as a comprehensive structure for counter-terrorism powers. Following the 9/11 attacks, however, the TA 2000 framework was revised and reinforced by additional legislation: Anti-terrorism, Crime and Security Act 2001 ( ACSA 2001) Prevention of Terrorism Act 2005 ( PTA 2005)—subsequently repealed by the Terrorism Prevention and Investigation Measures Act 2011, s 1 (see below) Terrorism Act 2006 ( TA 2006) Counter- Terrorism Act 2008 ( CTA 2008) Terrorist Asset- Freezing etc Act 2010 ( TAFA 2010) Terrorism Prevention and Investigation Measures Act 2011 ( TPIMA 2011) Protection of Freedoms Act 2012 ( PFA 2012) Justice and Security Act 2013 ( JSA 2013) ...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) have commenced. Procurements started on or after that date must be conducted pursuant to PA 2023, while procedures initiated under the earlier legislation—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and overseen in line with those regimes. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and are therefore assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. The public procurement regime The domestic public procurement regime is founded on several sets of...
This Practice Note sets out UK sanctions frameworks, covering regimes established under the Sanctions and Anti- Money Laundering Act 2018, the Anti- Terrorism, Crime and Security Act 2001 ( ACSA 2001), and the Export Control Order 2008 ( SI 2008/3231). Where relevant, it highlights the equivalent EU sanctions regime and points to useful further reading for each UK regime. It does not include details of designations within individual regimes. If an individual, organisation or other legal entity is designated under a UK sanctions regime (a designated person), their name appears on the UK Sanctions List ( UKSL). The UKSL assists businesses and individuals in fulfilling their responsibilities under the various regimes, and regular screening of the UKSL should be embedded in an internal sanctions compliance programme. A sanctions regime is a set of sanctions measures introduced for particular purposes. Regimes can be: ...
This guide tackles the nuts and bolts of leadership. Stepping into your first leadership post? You’ll uncover practical ideas to help you get started. Already a seasoned leader? You’ll gain renewed perspectives. The guidance adopts a pragmatic lens on leadership and leader development, concentrating on the real problems and opportunities leaders face. Produced in partnership with Cranfield School of Management. Leadership, power and politics Warren Bennis observed that power turns intention into reality, while leadership is the judicious exercise of that power. Within most organisations, leaders operate by negotiating among agendas advanced by different people and groups. Assess your own and others’ power bases Knowing your own power bases matters, because they determine how effectively you can influence and, by extension, the outcomes you achieve. Do you understand where your authority originates? Below is a brief outline of recognised sources of power: Reward power – 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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