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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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The legal regime for covert surveillance by public authorities now sits in the Investigatory Powers Act 2016 ( IPA 2016), supplanting provisions that had previously been contained in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) and other enactments. Part 8 of IPA 2016 creates the office of the Investigatory Powers Commissioner ( IPC), with support provided by additional Judicial Commissioners. That Part of IPA 2016 is designed to deliver independent oversight of the use of the powers set out elsewhere in the Act, in part responding to concerns about the breadth of those powers. In May 2021, the Grand Chamber of the European Court of Human Rights held that independent (not necessarily judicial) scrutiny of the authorisation and use of bulk interception powers is a significant feature of the contemporary regulation of investigatory powers. The...
Introduction Operations management is the discipline of making things happen to meet customer needs: turning inputs—whether materials or information provided by customers—into outputs by using facilities and staff to deliver a service or product. It is, therefore, a crucial element of any business. The creation and provision of customer value form the core rationale for operations management. The customer, as a result, is and must remain the central focus of every organisation, and smooth, reliable delivery is vital. Why operations management is increasingly important The business environment is placing rising pressure on companies’ operations. Cost competition is growing ever more severe, whilst at the same time customers are asking for better value for money. Technologies are changing, and the combination of these factors means product and service mix and ranges are changing more and more......
Operations management qualities and behaviours for success The core capabilities for a service operations approach include: reliability and consistent performance, even when under pressure responsiveness—staying alert and replying to customers in a friendly way overall competence—possessing professional knowledge and practical know‑how to give the right advice access—demonstrating openness and an approachable manner courtesy—recognising how customers expect to be treated and engaging with them politely communication—reading verbal and non‑verbal cues and responding clearly, whether spoken or in writing credibility—building confidence in the customer’s mind that you represent the organisation understanding the customer—generally recognising their needs Leadership implications Operational improvement can go wrong in many ways. Common problems include: risk aversion or complacency rigid or parochial organisational structures and entrenched ‘silo’ mentalities one‑size‑fits‑all approaches that ignore locally specific issues unclear roles and...
This Practice Note explores what is required for a legally binding offer. It covers: the meaning of ‘offer’ how to distinguish an offer from an invitation to treat, with common examples types of offer, ie proposals ‘subject to contract’, heads of terms, and unilateral contracts the ways in which offers can be terminated For practical guidance on valid acceptance, see Practice Note: Forming contracts—acceptance. For the court’s general approach to contract formation, see Practice Note: Forming enforceable contracts—the court's general approach. Note: Part 36 settlement offers made under CPR 36 fall outside the usual rules of contract law and are governed by the specific regime set out in CPR 36. For guidance on what constitutes a valid Part 36 offer, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. The elements of a legally binding offer the...
Nationally significant infrastructure project consent regime The Planning Act 2008 ( PA 2008) establishes a development consent regime for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. When proposals exceed specified thresholds, they must be authorised under that PA regime. Qualifying schemes therefore require development consent under PA 2008. Applications for development consent are submitted directly to the Planning Inspectorate ( PINS), which acts on behalf of the Secretary of State, rather than to the local planning authority in the first instance. Development consent is granted by way of a single development consent order ( DCO). See Practice Note: Permission for nationally significant infrastructure projects. National Policy Statements ( NPSs) are statutory documents that set out the government’s policy for particular categories of NSIPs and provide the framework within which the Secretary of State reaches decisions on NSIP...
Under the Planning Act 2008 ( PA 2008), a development consent regime applies to nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. Applications for development consent orders ( DCOs) are determined with reference to National Policy Statements ( NPSs), which set out national policy for NSIPs. See Practice Note: National Policy Statements. Although the Secretary of State ( So S) is legally responsible for the decision, in practice the Planning Inspectorate ( PINS) is authorised to accept and examine applications. See Practice Note: Permission for nationally significant infrastructure projects. For further details on how examinations are conducted, see Practice Note: Examination of nationally significant infrastructure projects—procedure and Flowchart: Development consent order ( DCO) application...
The Planning Act 2008 ( PA 2008) establishes the consent framework for nationally significant infrastructure projects ( NSIPs) across energy, transport, water, waste water and waste. Decisions on development consent order ( DCO) applications may be taken by reference to any relevant National Policy Statements ( NPSs), which articulate national policy for NSIPs. See Practice Note: National Policy Statements. While the Secretary of State ( So S) is legally accountable for the decision, in practice the government entrusts acceptance and examination of applications to the Planning Inspectorate ( PINS). See Practice Note: Examination of nationally significant infrastructure projects—general. The government has issued a ‘ Collection: National Infrastructure Planning Guidance Portal’, containing guidance on NSIP pre-examination, the examination itself, the fast-track route for NSIPs, and awards of costs relating to the examination of DCO applications. Collectively, these provisions define the route by which...
The Planning Act 2008 ( PA 2008) establishes a development consent framework for nationally significant infrastructure projects ( NSIPs) across the energy, transport, water, waste water and waste sectors. Applications for development consent orders ( DCOs) are determined with regard to National Policy Statements ( NPSs), which describe national policy for NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements. Although the Secretary of State ( So S) carries the legal duty to decide, in reality government delegates the acceptance and examination of applications to the Planning Inspectorate ( PINS). For an outline of the DCO process, see: Development consent order ( DCO) application procedure—flowchart. Importance of application preparation Poorly organised, unclear or incomplete applications are more likely to be refused at the acceptance stage for examination. Once an application has been submitted and accepted,...
The Planning Act 2008 ( PA 2008) brought in development consent orders ( DCOs) for nationally significant infrastructure projects ( NSIPs). Under this regime, compulsory acquisition powers can be authorised within a DCO, removing the need to obtain standalone compulsory purchase order powers for such NSIPs (this position applies to development in England. For schemes in Wales, where compulsory acquisition is needed for associated development, a separate compulsory purchase order must still be promoted). This Practice Note reviews the examination of compulsory acquisition provisions by the Examining Authority for the DCO ( Ex A), the steps after the Secretary of State decides to make a DCO including compulsory acquisition powers, awards of costs, the implementation of compulsory acquisition powers, and material change applications. See also Practice Notes: Compulsory acquisition for NSIPs—introduction and principles Compulsory acquisition for...
This Practice Note outlines the Northern Ireland Assembly, explaining how its representatives are chosen and how it legislates. The wider landscape of decision-making in Northern Ireland—highlighting distinctive aspects of devolution shaped by recent history—is addressed separately in Practice Note: The process of decision making in Northern Ireland... Which voting system is used in Northern Ireland Assembly elections? Each parliamentary constituency in Northern Ireland returns five Members of the Legislative Assembly ( MLAs) using the Single Transferable Vote system. In proportion to the population it serves, the Assembly is comparatively larger than the devolved legislatures in other parts of the United Kingdom. The Assembly cannot enact laws to alter its own size unless cross-community approval is achieved... The Assembly operates on a fixed term under section 31(1) of the Northern Ireland Act 1998, with separate provision for extraordinary Assembly elections in section 32 of the same Act......
This Practice Note sets out the principal components for bringing a negligence claim. For targeted guidance on negligence concerning company/parent company liability, banks, and professional negligence, see: Practice Note: Tortious liability—companies Practice Note: Negligence—banks and the duty of care Professional negligence claims—overview Negligence—what are the key ingredients to establish a claim in negligence? To found liability in negligence, four essential elements must exist: a duty of care owed by the defendant to the claimant a breach of that duty loss or damage resulting from the breach the damage being reasonably foreseeable These tests can intersect, and in some situations strict compartmentalisation is somewhat artificial on close analysis. Nonetheless, addressing each in turn is a vital framework for assessing whether an actionable negligence claim has emerged. Negligence—a duty of care is...
ARCHIVED: This Practice Note is archived and is not maintained. Commercial skills Commercial skills for complex government projects ( National Audit Office) reviews the extent of commercial capability across government and the measures then being pursued by the Office of Government Commerce ( OGC) (now the Crown Commercial Service) and departments to strengthen it. ‘ Commercial skills’ are defined as ‘the ability to interact on equal and professional terms with the private sector’. The National Audit Office ( NAO) considers these skills essential to achieving value for money within the government’s major projects portfolio (valued at £200bn at the time) and other complex initiatives. Projects should be delivered by teams with strong commercial aptitude, and must be approved, led and governed by senior civil servants and departmental boards with commercial awareness. In a separately published Appendix 2 to the report, the NAO lists government projects that it and the...
While a claimant cannot always be stopped from lodging judicial review proceedings, a public authority that follows a well‑founded decision-making process is better placed to convince the court to reject the case at the outset. Under CPR 54.1(2)(a), a judicial review claim is one seeking scrutiny of the lawfulness of either an enactment, or a decision, act, or omission connected to carrying out a public function. This Practice Note sets out measures a public body can adopt to guard against an adverse judicial review outcome. It offers non-exhaustive checklists of factors and sound practice aimed at lowering the prospects of permission being granted for judicial review applications......
Meditech scenario on database right and database copyright This training scenario sits alongside Precedent: Rights in databases—training materials, as companion guidance. It is intended to support newcomers in applying what they have learnt, and in developing a fuller, more confident understanding of the topic. Background facts: Meditech delivered a health screening service to Custech through an internet-based analysis and reporting platform. A medical device captured a patient’s reading, and those readings were stored as patient data for later reference. The patient data were then entered into the platform using a web-based processing system, and subsequently reviewed by a qualified professional who chose from a range of menu options. These menus corresponded to variables held within a database system within the platform. The database comprised a series of classifications of relevant physical characteristics, such as resting heart rate, as recorded by the device. For each...
Origins of the Mc Cloud remedy In 2014/15, a range of public service pension schemes underwent reform. New career‑average arrangements (the reformed schemes) were introduced, replacing the former final salary schemes (the legacy schemes) for future service. NHS Pension Scheme ( NHSPS) Teachers’ Pension Scheme ( TPS) Civil Service Pension Scheme ( CSPS) Firefighters’ Pension Scheme ( FPS) Police Pension Scheme ( PPS) Armed Forces Pension Scheme ( AFPS) Local Government Pension Scheme ( LGPS) Judicial Pension Scheme ( JPS) equivalent public For further information, see Practice Notes: The reformed National Health Service Pension Scheme and The legacy National Health Service Pension Scheme; The reformed Teachers’ Pension Scheme and The legacy Teachers’ Pension Scheme; The reformed civil service pension scheme—alpha and The legacy Principal Civil Service Pension Scheme ( PCSPS); The reformed Local...
STOP PRESS: As at 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements initiated on or after that date must proceed under PA 2023, while those started under the 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 procured and managed in line with that legislation. 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 status and interpretation of assimilated law, see Practice Note: Assimilated law. In the past, public procurement often began with publication of a contract notice, with no prior...
When an organisation is compelled to make significant redundancies, attention quite rightly centres on those losing their positions. Yet, once the dust settles, focus must also shift to colleagues who remain after the cuts and may be navigating a broad mix of emotions. This Practice Note explains how to identify and manage survivor syndrome within your team. We will explore: what is survivor syndrome? how different people might react how it affects the organisation what the causes are what the remedies are at an organisational level what the remedies are at a local management level What is survivor syndrome? This term captures the range of negative responses often felt by people whose roles remain after a redundancy programme. Comparable feelings have been noted among those who live through other traumatic events and, although some may believe employees who keep their jobs...
This Practice Note examines the status and deployment of confidential information in civil proceedings, covering what amounts to confidential information, how it can be safeguarded, and the circumstances in which confidentiality may be lost. It also considers disclosure duties concerning confidential material, methods to protect such material from disclosure, inspection and citation in open court, disclosure for restricted purposes, confidentiality rings, reliance on confidential and covertly obtained information, receipt of confidential material by mistake, and the friction with other jurisdictions’ disclosure rules. What is confidential information? Information regarded as confidential includes: personal (or private) information trade secrets journalistic, artistic or literary confidences government secrets court-ordered settlement agreements requiring non-disclosure information specifically identified by contract as restricted password-protected email accounts documents generated within the solicitor–client relationship ( Anderson v Bank of British Columbia) documents that may be...
This Practice Note Initially created in partnership with Cranfield School of Management and later reworked and expanded by Beth Pipe of On Live Learning, this Practice Note explores the essential phases of the project lifecycle and effective set up. Investing time up front in solid planning is arguably the most critical step, yet it is the one most often bypassed as excitement to start takes over. As Abraham Lincoln famously observed: if given eight hours to cut down a tree, he would devote six to sharpening the axe. Projects flow far more smoothly when the parameters are clarified from the outset. In this Practice Note we guide you through: the project lifecycle—what unfolds at each stage? set up: how to frame and define the project stakeholders: who they are and why they count roles and responsibilities: who is accountable for what planning time, resources, and...
There are five key steps to improving efficiency: define which process requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) measure the issue (covered in this Practice Note) analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what’s causing the problem) enhance the process (see Practice Note: Improving efficiency: Step 4—improve the problem) control, ie embed the new approach so it becomes business as usual ( BAU) (see Practice Note: Improving efficiency: Step 5—embedding changes) Management consultants typically label this the ‘ DMAIC framework’. This Practice Note concentrates on Step 2—measuring the problem or inefficiency identified during Step 1, the ‘define’ phase. Every form of waste or inefficiency imposes a cost on the department. Some are direct, for example excess equipment, while others arise from lost time (opportunity cost) and the use of...
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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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