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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 practical guidance relates to the Procurement Act 2023 regime From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that date must, where applicable, proceed under PA 2023. Procurements initiated under the former regime—the Public Contracts Regulations 2015, SI 2015/102; the Utilities Contracts Regulations 2016, SI 2016/274; the Concession Contracts Regulations 2016, SI 2016/273; and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and overseen in line with that legislation. This guidance concentrates on public procurement under PA 2023. For practical guidance on below-threshold contracts under the prior regime, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime—pre PA 2023. The below-threshold public procurement regime In general, the below‑threshold regime affords contracting authorities greater scope to craft an...
This practical guidance concerns the Procurement Act 2023 regime. From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in force. Procurements started on or after that date must, where applicable, be conducted under PA 2023, while those begun under the earlier legislation (the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848) must continue to be procured and managed in line with that legislation. This guidance centres on public procurement under PA 2023. For background on the former regime, see Practice Note: Introduction to public contracts procurement—pre- PA 2023. For practical guidance on procedures allowing direct award under PCR 2015, see Practice Note: Public...
ARCHIVED : This Practice Note has been archived and is not maintained From 31 January 2020 (exit day), the UK ceased to be an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which took effect on 1 February 2020. Under the Withdrawal Agreement, on exit day the UK entered an implementation period, during which it continues to be regarded as a Member State for many purposes, including trade. As a third country, the UK can no longer take part in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the limited extent agreed), but the UK must continue to comply with EU law and remain subject to the continuing jurisdiction of the Court of Justice of the European Union in line with the transitional arrangements in the Withdrawal...
Public Law Brexit Q& As How has the EU– UK Trade and Cooperation Agreement been given effect in UK legislation, and what does that mean for interpreting domestic statutes? After Brexit, are UK courts and tribunals bound by decisions of the Court of Justice of the European Union? Within retained EU law, what standing do EU directives have? In which situations, if any, are EU directives or directive provisions (and their related jurisprudence) preserved? What are the principal tests for deciding if a measure of directly applicable EU legislation falls within retained EU law? How is ‘retained case law’ defined, and to what degree may or must UK courts and tribunals adhere to it? What does ‘relevant separation agreement law’ mean, and how does it function in the domestic legal order? To what extent do decisions, domestic and EU, on Brussels I (recast) handed down before or after IP...
This Practice Note outlines retained EU law as it operated in 2021–23, setting out key definitions and concepts with pointers to the relevant provisions of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It further considers the overhaul of retained EU law and its re-labelling as assimilated law from 2024. Wider aspects of the EU( W) A 2018, together with the distinct arrangements and divergences for the UK’s devolved administrations, fall outside the scope of this Practice Note. Evaluation of particular instruments, provisions or rights, and whether they are retained, is likewise excluded. what’s the difference? Both “retained EU law” and “assimilated law” describe the residual body of domestic law that originally stemmed from the UK’s membership of the EU. The labels mark two phases in the domestic legal system’s adjustment to...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are operative. Procurements initiated on or after that date must proceed under PA 2023, while those started under earlier regimes (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 administered in accordance with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law As EU-derived domestic legislation, the PCR 2015 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. Additional requirements following award of a public contract At times, after awarding a contract for works, services or...
FORTHCOMING CHANGE: The Home Office consulted on bringing the Police Pension Scheme 2015 revaluation date into line with the tax year—from 1 April to 6 April—to avoid CPI misalignment that can otherwise inflate annual allowance charges. Mirroring practice in other public sector schemes, the proposal seeks to improve fairness whilst leaving overall benefits unchanged. The consultation closed on 16 March 2026, with a response anticipated around June 2026. For more information, see LNB News 20/01/2026 39. Statutory framework There are currently three pension schemes in operation in England and Wales providing benefits for members of a police force. The three schemes are: the Police Pension Scheme 1987 ( PPS 1987), which closed to new members from 6 April 2006 and to future accrual from 1 April 2022 the Police Pension Scheme 2006 ( PPS 2006, or NPPS (the New Police Pension Scheme)), which also closed to...
STOP PRESS: From 25 March 2026, the core provisions of the Levelling-up and Regeneration Act 2023 concerning plan-making have taken effect. This Practice Note is being updated to reflect these changes. Why is planning policy important? Planning policy: sets the types and locations of development in an area supports the key aims of local planning authorities ( LPAs) guides how planning applications are determined Applications that align with planning policy are more likely to secure permission than those that do not. Accordingly, developers should take relevant policy and guidance into account when preparing their proposals. Objectors can also rely on policy to reinforce their case, for example where a scheme conflicts with local policies. Furthermore, if an LPA disregards national policy, this can justify an objection in a local plan inquiry or a public inquiry into a particular development. In some instances, a failure to have proper regard to...
This Practice Note explores the principal parties commonly engaged in a PFI or PF2 project. It outlines the functions of public sector participants, private sector counterparts, finance providers and sub-contractors, together with support providers and other professionals involved. In the 2018 Budget (delivered on 29 October 2018), the government confirmed it would cease using PF2 for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, live PFI and PF2 arrangements remain in operation and, given the usual duration and lifespan of these schemes, are expected to do so for many years to come. Public Sector Authority/ Trust This is the public sector organisation that originates and procures the PFI scheme in question and seeks to have the asset constructed and properly maintained (the label ' Trust' applies only to NHS schemes). The public body will typically be a local...
This Practice Note explores the Compensation Event and Relief Event frameworks in the Project Agreement for a PFI or PF2 scheme. It examines the key features of each framework and the differences between them under PFI and PF2 (also occasionally called PFII). In the 2018 Budget, presented on 29 October 2018, the government confirmed that PF2 would no longer be used on new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nevertheless, existing PFI and PF2 projects will continue to operate and, given the typical lifespan of such arrangements, are likely to remain in place for many years to come. Context Compensation Events and Relief Events are categories of 'supervening events'; circumstances in which some contractual relief is appropriate and justified. The objective is to manage the allocation of risks between the parties arising from unintended...
Background to the Construction Sub-contract PFI structure—diagram sets out the basic structure of a PFI project This Practice Note considers the Construction Sub-contract linking Project Co with the Construction Sub-contractor (also known as the Construction Contractor) within a PFI or PF2 arrangement. In the 2018 Budget, presented on 29 October 2018, the government confirmed it would cease using PFI and PF2 for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, live PFI and PF2 schemes will continue, and, given their usual duration, are expected to operate for many years... Where a project involves a built asset (as is commonly the case), a Construction Sub-contract (also termed the ‘ Construction Contract’) is entered into between Project Co and the Construction Sub-contractor. Under it, the Construction Sub-contractor undertakes the construction stage of the project (the period when the assets are...
Launched in 1992, the Private Finance Initiative ( PFI) is a form of public–private partnership, later followed in 2012 by the ‘ PF2’ variant. See Practice Notes: Introduction to PFI and PF2, Key parties in a PFI/ PF2 project, and PFI structure—diagram. This Practice Note concentrates chiefly on disputes arising on PFI projects (rather than PF2), as PFI projects are far more numerous. In 2018, the government confirmed it would cease using the PF2 model for new projects. Nonetheless, existing PFI and PF2 projects will continue in operation. Given the usual 25–30 year term, existing projects—and any disputes they generate—are expected to persist for many years to come. The contractual context of PFI disputes Disputes on PFI projects are not unusual: the governing documentation is voluminous, the projects are complex and high‑value, and numerous interested parties are involved. Broadly, PFI projects progress through three...
Performance management and measurement As noted earlier, operations leaders constantly balance multiple aims—cost, reliability, quality, speed and flexibility. Yet how can progress or decline be recognised? Robust metrics are put in place to guide operational decision-making and support the achievement of objectives. Well‑chosen measures and standards are central to running operations, highlighting where to act and energising efforts to sustain and raise performance, in the short term and over the long haul. They should reflect what truly matters to the organisation and show clear line‑of‑sight to strategy. Such metrics pinpoint priorities and motivate timely action. Setting and measuring customer-focused standards Defining performance measures that centre on the customer builds a customer‑oriented organisation. Explicit, customer‑linked standards deepen understanding and signal where change is required, providing a practical indicator of what must improve. They also create motivational goals and the chance to recognise a sense of...
This practical guidance concerns the position prior to the Procurement Act 2023. It addresses public procurement exercises started before the Procurement Act 2023 ( PA 2023) came into effect on 24 February 2025. In-scope procurements initiated on or after that date are subject to PA 2023. Owing to PA 2023's transitional and savings provisions, the earlier public procurement regimes continue to operate as required to enable contracting authorities to finish and administer procurements launched before PA 2023 commenced (ie ongoing procurements). This Practice Note should be interpreted in that light. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic, see: Procurement Act 2023—overview. That subtopic also includes the following Practice Note dealing with contract modification: Contract modification— PA...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must follow PA 2023, while those initiated under the earlier regimes must continue to be procured and overseen under those rules, namely: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. 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 construction of assimilated law, see Practice Note: Assimilated law. Where a contracting authority lets a public contract above the relevant financial threshold, it must adopt one of the...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—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 administered in line with 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 constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Public procurement reform The UK public procurement framework stems from EU public procurement law, and was...
This practical guidance concerns the position before the Procurement Act 2023. It addresses public procurement exercises launched prior to the Act ( PA 2023) taking effect on 24 February 2025. Procurements within scope that start on or after that date fall under PA 2023. Transitional and savings provisions preserve the former procurement regimes insofar as needed for contracting authorities to finalise and manage procurements begun before commencement of PA 2023 (ie ongoing procurements). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 Unless an exemption applies—for example, where the contract value is below the relevant financial threshold—a contracting authority must adopt one of the five permitted...
In short, section 34 of the Freedom of Information Act 2000 ( FIA 2000) creates an exemption from the ordinary section 1 obligations—the duties to confirm or deny whether information is held, and to disclose it—where doing so is necessary to prevent a breach of Parliamentary privilege. This is an absolute exemption, so the public interest test does not apply. A certificate issued by the appropriate authority—the Speaker for the Commons, or the Clerk of the Parliaments for the Lords—confirming that the exemption is, or at any time was, required to avoid infringing the privileges of either House of Parliament is conclusive evidence of that position. How does Parliamentary privilege relate to freedom of information? In addition to the protection provided by Article 9 of the Bill of Rights, which bars the questioning of proceedings in Parliament, Parliamentary privilege also safeguards each House’s...
This Practice Note examines parallel loan agreements in PFI and PF2 projects. It explores the origins of these arrangements (stemming from the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996)) together with the purpose and key elements of the parallel loan agreement itself. Note that, in the 2018 Budget (delivered on 29 October 2018), the government announced it will no longer use PFI or PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Existing PFI and PF2 projects will continue to operate as before. Background to parallel loan agreements To understand what a parallel loan agreement is, it is necessary to appreciate the legislative backdrop that produced them. The HGCRA 1996 applies to all ‘construction contracts’, as defined by the Act, and sets out a statutory framework that parties to a...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those begun pursuant to earlier legislation must continue to be procured and managed under that legislation. The earlier legislation comprises the following instruments: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 Please refer to the Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates specifically to the Procurement Act 2023 regime. This practical guidance addresses public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on public procurement under the previous legislation, see Practice Notes: Introduction to public contracts procurement, Introduction to concession contracts procurement and Introduction to utilities contracts...
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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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