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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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When considering a claim for damages When a claim for damages is assessed (see Practice Note: Contractual damages—general principles and related content), the court applies the doctrines of causation and remoteness. A party’s responsibility to reduce its loss is addressed in Practice Note: Mitigation in civil damages claims. For assistance on causation within professional negligence, consult Practice Note: Causation and remoteness in professional negligence claims. For tort-based claims, see Practice Note: Causation and remoteness in tort and negligence claims. Note: matters concerning causation and the ‘but for’ test within the specific arena of insurance policy wording fall outside this Practice Note, but were examined in depth in the coronavirus ( COVID-19) test case, The Financial Conduct Authority ( FCA) v Arch Insurance ( UK) Ltd, the judgment emphasising the necessity of homing in on the central issue in ‘but for’...
Individuals making requests under the Freedom of Information Act 2000 ( FIA 2000) ought to be able to complain to the public authority if their information request is refused, in full or in part, or if they are dissatisfied with how the authority has dealt with it. While the FIA 2000 does not legally oblige authorities to operate an internal review process, the Freedom of Information Code of Practice (the Code) advises, as best practice, that every authority should adopt one. The Code is not enforceable in law, but it sets out guidance to help public authorities meet their duties under the FIA 2000. The Information Commissioner’s Office ( ICO) promotes adherence to the Code and can intervene or issue recommendations where standards are poor, even if the conduct does not amount to a breach of the FIA 2000. The Code requires that any...
The fluency duty ARCHIVED: This archived Practice Note examines the public sector ‘fluency duty’, meaning the obligation for staff in customer‑facing positions within public authorities to use the English language fluently (or in Wales, both English and Welsh). From 21 November 2016 a statutory duty applies to workers in such roles to be fluent in English (and, in Wales, in English and Welsh). The policy was introduced on the basis that clear fluency and understanding in all dealings with the public would deliver more efficient and effective public services. For these purposes, fluency requires the ability to speak English (and/or Welsh) with sufficient command to perform the role effectively. A draft statutory Code of Practice to support employers in meeting the fluency duty appeared in October 2016, followed by an updated version in November 2016. The revised Code took effect on 22 December 2016, with a Welsh...
UK data protection law includes a right to data portability. That entitlement enables people to receive from a controller a copy of their personal data in a structured, machine-readable form. Moreover, in certain situations, people can require the controller to transmit that data straight to a different controller. This Practice Note considers the right to data portability. It presumes some familiarity with UK data protection law. For an overview of UK data protection law, with guidance on core concepts and terminology, see the UK data protection law collection. Note that there are notable parallels between the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) and this Practice Note concentrates on the position under the UK GDPR. For details on the background to the UK GDPR and how it...
Introduction A claimant may bring a claim under the Human Rights Act 1998 ( HRA 1998) against a public body for an infringement of their Convention rights under the European Convention on Human Rights ( ECHR). The court has the power to grant compensation. Any award lies within the court’s discretion. HRA 1998 claims are potentially relevant for personal injury practitioners, especially where the claimant might otherwise have no redress unless they proceed under HRA 1998. There are situations in which claimants will have no actionable personal injury claim unless they issue a claim under HRA 1998. In certain circumstances, it is the sole avenue to remedy for claimants. Given this, and the strict time limit for starting such proceedings (the primary limitation period is only one year), all personal injury practitioners should, at a minimum, acquaint themselves with the...
ARCHIVED: This Practice Note is archived and not maintained. What is the status of EU law in English law? EU law has formed part of UK law since the UK joined the European Economic Community in 1973. Accordingly, EU law can be relied upon in judicial review in the English courts: as a basis for contesting domestic law or a decision of a public authority to steer the interpretation of domestic legislation (primary or secondary) where domestic law or a public body’s decision rests on EU legislation that a claimant seeks to impugn as invalid The use of EU law in the English courts has also shaped judicial review procedure. This Practice Note primarily examines the effect of EU law on judicial review while the UK was an EU Member State. The final section, however, considers the position after the UK’s withdrawal from the EU. EU law was brought into UK...
This section records concluded Court of Justice appeals related to State aid ( Articles 107 to 109 TFEU) and other measures for the recovery of aid from 1 June 2015 onwards. For pending Court of Justice appeals and recovery actions (including rulings from the last 30 days), consult Court of Justice State aid appeals—ongoing cases tracker. For information on completed State aid appeals before the General Court, see General Court State aid appeals—closed cases tracker, and for closed national reference matters before the Court of Justice involving State aid, see Court of Justice State aid national references—closed cases tracker. Appeals from the General Court 2026 Case C‑457/23 P Deutsche Lufthansa v Ryanair and Others Appeal against the General Court’s judgment in Case T‑34/21, which upheld an action to annul the Commission decision in State aid Case SA.57153 approving the €6bn...
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
The Investigatory Powers Act 2016 ( IPA 2016) IPA 2016 sits at the heart of the statutory regime that regulates covert surveillance undertaken by public authorities. Historically, much of this regime—though not all—was housed in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). The rules addressing powers to interfere with equipment and property are contained in IPA 2016, Pt 5. These operate alongside the powers available to the intelligence agencies ( GCHQ, MI5 and SIS) under sections 5 and 7 of the Intelligence Services Act 1994. Under IPA 2016, s 13, the intelligence services must secure an equipment interference warrant to obtain communications, private information or equipment data where, without such a warrant, the conduct would constitute an offence under the Computer Misuse Act 1990 and there is a British Islands connection. The Home Office has published a Code of Practice on...
Statutory framework The ( EHRC) is an independent non-departmental public body created under the Equality Act 2006 ( EA 2006), which defines its functions, duties and powers. It commenced operations on 1 October 1997, replacing three previous equality bodies: the Disability Rights Commission, the Commission for Racial Equality and the Equal Opportunities Commission. While institutionally separate from government, the EHRC is sponsored by the Government Equalities Office and remains accountable for public money; accordingly, it produces an annual report and a set of accounts each business year. The EHRC’s remit spans England, Scotland and Wales, with Northern Ireland excluded. For more on the EHRC’s framework, see EHRC—governance manual. The commissioners The EHRC’s work is directed by a board of commissioners numbering between 10 and 15, each bringing experience and expertise in equality and/or human rights. Commissioners are appointed for terms ranging from two to five years, with the...
Grasping what counts as environmental information is central to environmental regulation, as it dictates whether an information request is handled under the Freedom of Information Act 2000 ( FOI 2000) or the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). Where the material sought fits the definition of environmental information, the request must be dealt with under the EIR 2004. This Practice Note explores the statutory meaning of environmental information and draws on published guidance and case law to illustrate when material has been deemed environmental, including disputed categories such as: financial viability assessments road tolling information information regarding a public authority's decision to dispose of land The Information Commissioner’s Office has issued a Guide to the EIR for staff in public authorities or those with day-to-day responsibility for environmental...
The Environmental Information Regulations 2004, SI 2004/3391, as amended ( EIR 2004), can expose businesses to the release of confidential commercial material. At the same time, EIR 2004 can be a route to obtaining commercially valuable data. The greatest exposure typically arises in two situations: (1) when a private company is treated as a public authority; or (2) when a private company deals with a public authority. This Practice Note sets out ways for businesses to reduce the risk of unwanted disclosure, and explains how they can use EIR 2004 to their advantage. For more on EIR 2004, see Practice Notes: Environmental Information Regulations 2004—what is environmental information? Environmental Information Regulations 2004—request for environmental information Environmental Information Regulations 2004—responding to a request Environmental Information Regulations 2004—clarifying requests Environmental Information Regulations...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles and distils significant archived judgments and case law outcomes concerning the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391. For up-to-date case law developments on access to environmental information and freedom of information, consult: Freedom of information case tracker. The tables under each section below showcase notable key decisions from the following bodies: Court of Appeal Upper Tribunal ( UT) First Tier Tribunal ( Information Rights) ( FTT) Information Commissioner’s Office ( ICO) For convenience, the tracker is organised into sections aligned to the principal relevant provisions and topics specifically addressed under the EIR 2004, including: definition of environmental information definition of a public authority form and format of information charging for making environmental information available information not held by the public authority manifestly unreasonable requests material in the course of completion, unfinished documents and incomplete...
ARCHIVED: This Practice Note is archived and is not maintained. It reviews the Building Schools for the Future government initiative together with the current Priority School Building Programme, and examines the construction contracts adopted as well as the negotiation issues commonly encountered in practice... Building Schools for the Future Building Schools for the Future ( BSF) was a Labour-led programme announced in 2003 by the Department for Education and Skills (which later became the Department for Education, or DFE), and it launched in 2004. Its purpose included, among other objectives, delivering a step change in children’s education by upgrading facilities, property and learning environments across local secondary schools. BSF was intended to be financed by a £55bn investment to improve schools over a 15–20-year period. Delivery was co‑ordinated nationally by Partnerships for Schools, set up by the DFE as both a company and a...
This Practice Note explores third party rights in relation to agreements under the Contracts ( Rights of Third Parties) Act 1999 ( C( RTP) A 1999). The Act introduces a statutory exception to the common law rule of privity of contract, enabling contracts within its reach to be enforced by third parties who are intended to benefit from them. This Practice Note does not deal with the Third Parties ( Rights Against Insurers) Act 2010... For the purposes of this Practice Note: A is the promisor and a party to the contract B is the promisee and a party to the contract C is the third party (and therefore not a party to the contract) Not a party but still affected by a contract Where your client is not a party to a contract, whether they may nonetheless be...
There are five essential steps to improving efficiency: Identify and define the process that requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) Measure the issue (see Practice Note: Improving efficiency: Step 2—measure the problem) Analyse the information (see Practice Note: Improving efficiency: Step 3—analyse what's causing the problem) Improve the process (see Practice Note: Improving efficiency: Step 4—improve the problem) Control, ie embed the revised process so it becomes business as usual (covered in this Practice Note) Management consultants often label this the ‘ DMAIC framework’. This Practice Note walks you through step 5—embedding the new process to address the problem you identified ( Improving efficiency: Step 1—identify and define the problem), then measured ( Improving efficiency: Step 2—measure the problem), analysed ( Improving efficiency: Step 3—analyse what's causing the problem) and improved ( Improving efficiency: Step 4—improve the problem), continuing the case study...
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 commenced under the earlier regimes must continue to be run and administered in line with those rules: 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. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and therefore form part of 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. ARCHIVED: This Practice Note has been archived and is not...
Updated in partnership with Patrick Senior of Stephenson Harwood. Where requests under the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 are set out clearly and without ambiguity, the public authority has 20 working days to provide the information sought. For more on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where a request is unclear, the EIR 2004 requires the public authority to issue a refusal notice under regulation 12(4)(c) (that the request is formulated in too general a manner) within 20 working days, and at the same time offer advice and assistance to clarify the request so the authority can identify and locate the information requested. Reading objectively When deciding whether a request is unclear or ambiguous, a public authority must adopt an objective approach and take the wording at its face value. A request may be too...
This Practice Note reviews the principal issues and risks that routinely arise on major construction for education providers, spanning higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/ Priority School Building Programme [ Archived]. Typical procurement routes While any conventional procurement route can be used on an education project, three factors usually drive the route selected by education clients for their construction programmes: Nature of client Education clients seldom commission large capital schemes. It is not their core activity and, except for sizeable university estates teams, they rarely possess the in-house expertise to procure major works successfully. They are regarded as inexperienced construction clients. Funding Funding is often capped and time limited. As a result, works are commonly let on a fixed-price contract, typically at a higher cost, to secure the level of...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements commenced on or after that date must be conducted under PA 2023, while those launched under earlier rules — 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 overseen in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 ( PA 2023). PA 2023 introduces dynamic markets. The concept is not new; dynamic markets replace dynamic purchasing systems ( DPSs), which were included in the Public Contracts Regulations 2015 ( PCR 2015), SI...
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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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