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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 UK nuclear market for construction industry supply chain members is significant. For 2015/16, the Nuclear Decommissioning Authority forecast expenditure of £3.3bn solely for civil decommissioning; factor in military decommissioning and the substantial prospective value of nuclear new build and the total opportunity is vast. The field demands an extensive span of construction inputs, ranging from major civil engineering, demolition and project management, through to design disciplines and facilities management (with plenty more in addition). Certain offerings call for dedicated nuclear expertise, while others do not; nevertheless, every participant in the nuclear supply chain must recognise the particular considerations that attach to working in this arena. Regulation is stringent in the nuclear arena, especially within the UK, and the contractual frameworks and documentation employed can be accordingly intricate. This Practice Note offers a primer on the sector from the viewpoint of a legal...
What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme ( TPS) is a statutory public service pension scheme for members of the teaching profession in England and Wales. Since 1 April 2015, the TPS has consisted of two distinct schemes: the reformed TPS (often described in TPS literature as the ‘2015 Scheme’), introduced on 1 April 2015 under the Public Service Pensions Act 2013 ( PSPA 2013) as a career average revalued earnings ( CARE) scheme for those joining on or after 1 April 2015. For further information, see Practice Note: The reformed Teachers' Pension Scheme the legacy TPS, set up under the Superannuation Act 1972 ( SA 1972) as a final salary scheme for members who joined before 1 April 2015. This scheme is the subject of this Practice Note Be aware there are separate schemes in Scotland and Northern Ireland, which are not covered by this...
What is the PCSPS? Until 30 September 2002, the Principal Civil Service Pension Scheme ( PCSPS) was the only pension option for the civil service. From 1 October 2002, four distinct sections were introduced within the PCSPS: Classic (the 1972 Section), Classic Plus (a blend of Classic and Premium), Premium (the 2002 Section) and Nuvos (the 2007 Section). The first three operate on a final salary basis, whereas Nuvos is a career-average section. For further details on how these sections were established, see below. Subsequently, on 1 April 2015, a new arrangement, the Civil Service Pension scheme ( CSP) alpha, was created to provide benefits on a career average basis. When alpha was brought in, the government acted to close the PCSPS to future accrual, subject to: the retention of a final salary link in the PCSPS for active members, meaning benefits earned in the PCSPS are...
This Practice Note considers the National Health Service Pension Scheme ( NHSPS) as it existed before the amendments taking effect on 1 April 2015. What is the National Health Service Pension Scheme? The NHSPS is an unfunded public service occupational pension arrangement providing retirement benefits to health service employees on a salary-related, or defined benefit ( DB), basis. Since 1 April 2015, there have been two distinct NHSPS schemes: the reformed NHSPS (often called in NHS publications the ‘2015 Scheme’), established under the Public Service Pensions Act 2013 ( PSPA 2013) on 1 April 2015 as a career average revalued earnings ( CARE) scheme. New members from 1 April 2015 have joined this arrangement. For further details, see Practice Note: The reformed National Health Service Pension Scheme the legacy NHSPS (often described in NHS publications as the ‘1995/2008 Scheme’), comprising two separate final salary...
This guide has been created to tackle the everyday realities of leading. If you are stepping into leadership for the first time, you will find practical suggestions to help you begin. Seasoned leaders will also discover new angles to consider. The themes explored here present a down-to-earth perspective on leadership and on growing leaders, concentrating on the genuine challenges and possibilities they encounter. Produced in partnership with Cranfield School of Management. Its focus is practical and grounded, centred on what truly matters in business day to day. Learning to be a leader Key questions: Which leadership strengths and qualities do I contribute to the business? How well can I interpret business priorities and add value effectively to the business? Do I understand these business needs and act on them? What are my personal values, and do they fit or conflict with...
Practice Note This Practice Note outlines the challenges a manager encounters when driving change and offers practical guidance on leading the team effectively throughout, grounded in the varied ways people may respond. People can react in many different ways, influenced by: whether the change is their choice or imposed upon them the scale of the change the extent of their input into how it will affect them whether past changes were experienced and if they succeeded whether they agree with the change whether the change presents any threats to them Typical emotions include anxiety, excitement (it seems great on paper), denial (they will never do it), hopefulness and fear of the unknown. For many in in-house legal teams, changes are arriving thick and fast in continuous waves, so a person may not have fully adjusted to one shift before the next is...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) took effect. Procurements launched on or after that date must be conducted under PA 2023, while those started under the previous regime must continue to be procured and managed in line with that legislation: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. It offers practical guidance on public procurement under PA 2023. For practical guidance on procurement under the earlier legislation, see Practice Note: Introduction to public contracts procurement. Under PA 2023, contracting authorities are required to set key performance indicators ( KPIs) for certain public contracts......
ARCHIVED This Practice Note has been archived and is not maintained. It sits within a collection of archived Practice Notes that collate and summarise significant historic case law decisions and principles concerning public procurement law. The majority of the entries are older authorities, decided before the Public Contracts Regulations 2015 came into force. For updates on current case law, see: UK public procurement case tracker EU public procurement case tracker This Practice Note focuses on matters to address before commencing procurement. Effective pre-procurement planning is vital to choosing the right procedure and embedding robust project management within the procurement process. Without proper preparation, a contracting authority risks running an inefficient process, procuring a solution that is not fit for purpose, and exposing the award to potential challenge. For further reading, see: Pre-procurement...
ARCHIVED: This archived Practice Note concerns the judicial pension scheme created by the Judicial Pensions and Retirement Act 1993 (referred to as the Judicial Pension Scheme 1993 ( JPS 1993) or JUPRA). It is no longer maintained. The Practice Note also includes references to the Judicial Pension Scheme 1981 ( JPS 1981). Statutory framework The Judicial Pension Scheme comprises several schemes: JPS 1981. Salaried judges appointed before 31 March 1995 generally belong to this unfunded final salary scheme, which was set up under the Judicial Pensions Act 1981 ( JPA 1981) JUPRA. Salaried judges appointed between 31 March 1995 and 31 March 2015 usually belong to this unfunded final salary scheme, which was established under the Judicial Pensions and Retirement Act 1993 ( JPRA 1993). Note that: there is a right of election to move from the JPS 1981 to JUPRA at any time up to a...
This Practice Note sets out the judicial review ground commonly termed unreasonableness, also referred to as irrationality. Unreasonableness as a Ground of Judicial Review ‘ Irrationality’ is the second of the three judicial review grounds identified by Lord Diplock in the landmark Civil Service Unions v Minister for the Civil Service ( GCHQ). He portrayed it as a decision so affronting logic or accepted moral standards that no reasonable person, having properly applied his mind to the matter, could have reached it. Courts now often prefer the term ‘unreasonableness’ to ‘irrationality’, though the labels are used interchangeably. This Practice Note will consider the core elements of reasonableness as a ground of judicial review: the evolution of reasonableness review, the Wednesbury benchmark of reasonableness, the two limbs of unreasonableness, unreasonable...
This practical overview sets out, at a high level, the procedural actions a claimant ought to take when bringing a judicial review claim. It addresses the process up to the court’s decision on whether to give permission to pursue judicial review. Only the stage up to the court’s determination on whether to grant permission to apply for judicial review is covered. For the potential grounds and available remedies, see the Practice Notes on this topic: Grounds of judicial review—illegality, Grounds of judicial review—unreasonableness, Grounds of judicial review—procedural impropriety, Grounds of judicial review—breach of legitimate expectation and Remedies in judicial review. Those notes address the bases relied upon and the remedies available therein. Send a letter before claim and comply with the pre-action protocol Where a person considers that a body exercising a public function has taken a potentially unlawful decision, one should, if the relevant...
Statutory framework The Judicial Pension Scheme comprises a range of arrangements: Judicial Pension Scheme 1981 ( JPS 1981). Salaried judges appointed before 31 March 1995 typically fall within this unfunded, final salary arrangement, created under the Judicial Pensions Act 1981 ( JPA 1981) Judicial Pension Scheme 1993 ( JPS 1993 or JUPRA). Salaried judges appointed between 31 March 1995 and 31 March 2015 generally participate in this unfunded, final salary arrangement, established under the Judicial Pensions and Retirement Act 1993 ( JPRA 1993). Note that: there is a right to elect to move from JPS 1981 to JUPRA at any point up to six months after retirement. For further details, see: Eligibility, below the Ministry of Justice ( Mo J) conducted an options exercise in 2023 enabling certain members of the Judicial Pension Scheme 2015 ( JPS 2015) to make a...
Contract Where an agreement is entered into by two or more parties, it may include a promise or obligation undertaken by two or more of them. Any such promise may be: joint several joint and several Whether an undertaking in contract is joint, several, or joint and several is a matter of construction, depending on the parties’ intention as revealed by the terms of the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were issued against Rhinegold Ltd and a related company, Tannhauser Ltd, for approximately £22,000 and £31,000 respectively. A settlement agreement followed under which the parties agreed to pay the sums due, but Tannhauser did not fully comply. Although the agreement was silent on liability, the High Court decided that, on a proper reading, the parties were jointly and severally liable. As a result, Rhinegold had to meet the...
The Investigatory Powers Act 2016 ( IPA 2016) The IPA 2016 establishes the statutory framework regulating covert surveillance by public authorities, superseding what had previously been largely—though not entirely—set out in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). In May 2021, the Grand Chamber of the European Court of Human Rights delivered its judgment in Big Brother Watch v UK, addressing the historic reliance on RIPA 2000 to authorise bulk interception operations. The Grand Chamber accepted that bulk interception and international data sharing can be necessary in a democratic society, while urging a range of safeguards—such as independent authorisation and protections for confidential material—which are now, for the most part, reflected in the IPA. See News Analysis: Another blow for UK’s intelligence gathering regime ( Big Brother Watch and others v the United Kingdom). Where those safeguards required...
There are three main principles of statutory interpretation relevant to the protection of human rights in the UK: a statutory obligation in section 3 of the Human Rights Act 1998 ( HRA 1998) to construe legislation, so far as possible, in a manner consistent with Convention rights the presumption that Parliament does not, absent clear wording, curtail fundamental rights — the interpretative ‘principle of legality’ the presumption that Parliament does not intend to enact measures contrary to the United Kingdom's international duties, including under international human rights instruments — the presumption of compatibility Before the UK left the EU, further presumptions guided the reading of statutes in line with UK obligations stemming from EU law. Although the UK is no longer an EU member, such presumptions may still matter for questions of assimilated law (or issues of retained EU law as it operated in the 2021–23...
Reading a request objectively Where a request made under the Freedom of Information Act 2000 ( FIA 2000) is expressed plainly and without ambiguity, the receiving public authority has 20 days to supply the information sought. As a rule, there is no duty to hunt for alternative constructions of a straightforward request, or to consider material that falls outside its scope (see Adedeji v Information Commissioner). However, if the wording is unclear, for example: more than one meaning can reasonably be taken, or on reviewing any context provided, the wording proves ambiguous FIA 2000 gives a public authority a means to seek clarification so it can identify and locate the information requested. In reading a request objectively, an authority should be careful to: avoid overlooking ambiguity: in Berend v...
This Practice Note sets out the restriction in Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), and Chapter V of the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), concerning the movement of personal data beyond the UK or the EEA or to international organisations. ‘ Assimilated law’ is the term applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related expressions) as assimilated law signals a shift in its standing and handling under UK law, meaning it is, in general, to be read in line with ordinary domestic rules and principles. From 1 January 2024, REUL is treated as ‘assimilated’ within domestic law because, in broad terms, it is divested of EU-derived...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’— LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard...
This Practice Note briefly explains insolvency issues in PFI/ PF2 projects. It is designed to give restructuring and insolvency practitioners a concise, high-level overview of key contractual terms, restructuring routes, and steps that may safeguard a client’s position, presented in a practical format in routine professional practice. What are PFI/ PF2 projects? The Private Finance Initiative ( PFI) is a form of public–private partnership ( PPP) used to commission and deliver a range of public assets and services, such as schools, hospitals, prisons, rail links, roads and social housing across the public sector. PFI schemes are financed by private sector lenders, with private contractors assuming the burden and risk in relation to design, construction and/or day-to-day operations. A typical PFI arrangement is long term, enduring for around 25–30 years. Private Finance 2 ( PF2) was launched by the government in December 2012 with the intention of...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note provides general guidance for public procurement activities launched before the Procurement Act 2023 ( PA 2023) came into force and effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the earlier procurement regimes continue to operate as appropriate insofar as necessary for contracting authorities to finalise and oversee procurements initiated prior to commencement (ie procurements still ongoing). This Practice Note ought to be read on that footing. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance concerning PA 2023 is provided elsewhere in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 A contracting authority is required to apply one of the five...
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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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