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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 upper chamber of the UK Parliament has, over the last century, seen major shifts in its membership and in the constraints on its authority, with the principal political parties pressing for further reform. Even so, it remains central to the scrutiny and revision of legislation. Its judicial functions ended on 30 July 2009; from 1 October 2009, the UK Supreme Court has carried out that role under the Constitutional Reform Act 2005 ( CRA 2005). For further detail, see Practice Notes on separation of powers—legislative, executive and judiciary—and on Judges. This Practice Note considers the House in its present guise within the UK legislature. Origins of the The concept of Parliament can arguably be traced to the eleventh century, with the ‘ Witans’: an Anglo- Saxon political body of councils consulted by Saxon kings and attended by religious leaders, magnates and the king’s...
This Practice Note sets out the rules on dissolution, election and the summoning of Parliament in the UK. A Parliament endures for no more than five years before dissolution. Once Parliament is dissolved, a parliamentary general election follows, after which a new Parliament is summoned. Dissolution of Parliament By long-standing practice, the monarch exercises the prerogative to dissolve Parliament upon the Prime Minister’s request. There is no convention requiring the Prime Minister to consult others in advance. A Prime Minister seeking a general election asks the monarch to grant a dissolution so the election can proceed. By convention, the monarch typically agrees. For over a decade, from 2011 to 2022, the Fixed-term Parliaments Act 2011 ( FTPA 2011) placed the monarch’s dissolution prerogative in abeyance and installed a statutory scheme for calling early elections. The Dissolution and Calling of Parliament Act 2022 ( DCPA 2022)...
Express and implied contractual terms distinguished Contractual terms may be either express or implied: Express terms—provisions set out in a written contract or clearly stated in an oral agreement at the point of formation (and they may comprise a combination of written and spoken terms) Implied terms—provisions not expressly stated but read in ‘by implication’ to reflect the parties’ intentions when the contract was made Terms may be implied by fact, by law, or by custom. For guidance on implying terms into contracts, see the following Practice Notes: Contract interpretation—terms implied by fact Contract interpretation—terms implied by law Contract interpretation—terms implied by custom and usage Issues with express contractual terms Even where terms are expressly agreed, issues can arise as to: incorporation—what has actually been included as an express term of the contract, and construction or...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
What is the World Trade Organization ( WTO)? The WTO oversees trade agreements that regulate commerce between states. It is also a venue for governments to negotiate bilateral or multilateral trade agreements and to settle trade disputes, helping countries trade with as little friction and disruption as possible. For background reading on the WTO, see: WTO— Who we are and WTO— In brief. The WTO came into being on 1 January 1995, though its trading rules are older. The General Agreement on Tariffs and Trade ( GATT) has provided a framework for global trade in goods since 1948, amended through successive negotiating rounds. Talks in the mid-1980s and early 1990s, known as the Uruguay Round, sought to extend the system to services and intellectual property. That round concluded with an agreement signed on 15 April 1994 by most of the 123...
The European Convention on Human Rights ( ECHR) Adopted by the Council of Europe in 1950, the ECHR sets out rights and freedoms that contracting parties must respect and secure for everyone within their jurisdiction. These include: life protection from torture and other inhuman or degrading treatment or punishment freedom from slavery and forced or compulsory labour liberty and personal security a fair trial prohibition of retroactive penal legislation respect for private and family life, home and correspondence freedom of thought, conscience and religion freedom of expression freedom of assembly and association to marry and found a family an effective remedy for violations of rights—this is not incorporated into UK law by the Human Rights Act 1998 ( HRA 1998) freedom from discrimination in relation to specific rights and...
Bill A Bill is a proposed new law, or a suggested amendment to an existing law, put before Parliament for debate. A Bill may originate in either the House of Commons (the Commons) or the House of Lords (the Lords) at the outset; however, unless the Parliament Acts apply (see below), both Chambers must scrutinise, revise and approve it before it becomes law. Once both Houses have settled the Bill’s contents, it is then submitted for Royal Assent. Bills can be introduced by: the government individual MPs individual Lords, and private individuals or organisations There are four different types of Bill: Government Bills — these are the most common sort of Bill, brought forward by government ministers. Government Bills are almost always Public Bills, meaning they seek to alter the law as it applies to the general...
Who is the Head of State? The monarch serves as Head of State and is formally: the State’s Supreme Executive Officer the Supreme Governor of the Church of England the titular commander-in-chief of the three services of the armed forces (army, navy and air force) the fount of justice and of all titles of honour, distinctions and dignities Foreign affairs—including treaty-making and the declaration of war and peace—are carried out by the executive in the monarch’s name, known as the exercise of the royal prerogative. Without a single written constitution, the Crown stands as the State’s symbol, with the monarch acting as a figurehead through significant ceremonial roles, such as the State Opening of Parliament. Relationship with Parliament The Crown’s reliance on its people is mirrored in its relationship with Parliament. In earlier periods, the monarch personally exercised the State’s supreme...
Context The Planning Act 2008 ( PA 2008) establishes a consent framework for nationally significant infrastructure projects ( NSIPs) spanning energy, transport, water, waste water, and waste. Development consent order ( DCO) applications are determined by reference to National Policy Statements ( NPSs), which express national policy for NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements. Environmental impact assessment ( EIA) is the process for examining a project’s likely significant environmental effects and factoring them into the decision on whether consent should be issued. It ensures environmental considerations receive appropriate weight alongside economic and social matters, and it facilitates public participation in environmental decision-making. In the DCO context, EIA is required in defined situations under the Infrastructure Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/572 (the EIA...
This Practice Note outlines how the common law doctrine of frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes: Frustration event analysis—a practical guide Frustration—key and illustrative decisions For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus ( COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below....
This table presents all finalised cases referred to the Subsidy Advice Unit ( SAU) under the Subsidy Control Act 2022 ( SCA 2022). For updates on active referrals under the SCA 2022, see: UK subsidy control—ongoing cases tracker. For information on appeals against subsidy control decisions, see: UK subsidy control—appeals tracker... 2026 Referral of the proposed Bus Network Support Grant subsidy scheme by West Midlands Combined Authority — Sector: Transport Report released—11/05/2026 SAU accepted the referral request—26/03/2026 Referral of the proposed Mayoral Revolving Growth Subsidy Scheme by the Ministry of Housing, Communities and Local Government — Sector: Building and construction Report...
The following records completed General Court appeals concerning State aid ( Articles 107–109 TFEU) since 1 June 2015. For live General Court appeals, see General Court State aid appeals—ongoing cases tracker. For details of live appeals before the Court of Justice involving State aid, see Court of Justice State aid appeals—ongoing cases tracker. 2026 Case Issues Developments Case T‑261/25 LM v Commission Partial challenge to the Commission decision in SA.44944— Tax treatment of public casinos in Germany and SA.53552— Alleged guarantee for public casinos in Germany ( Wirtschaftlichkeitsgarantie). See Application. Order—29/01/2026; action dismissed as inadmissible Lodged—17/04/2025 Appeal lodged before the Court of Justice in Case C‑306/26 P Case T‑201/25 Poland v Commission Appeal against the Commission decision in SA.107930— Poland ‘ Gdańsk Transport Company S. A.’—new aid in the context of the concession contract for the A1 motorway. See...
We have assembled a series that brings together essential, key practical guidance on the particular legal and operational consequences of data protection law in the UK. The collection concentrates on the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). In respect of the collection’s subject matter, there......
FORTHCOMING CHANGE Section 10 of the Finance Act 2022 will lift the normal minimum pension age ( NMPA) from 55 to 57 on 6 April 2028, excluding members of the firefighters, police and armed forces public service pension schemes. It will also permit members of registered pension schemes to access benefits before 57 where, on or before 4 November 2021, they either held an ‘unqualified right’ to take benefits, or were already undertaking a substantive transfer to a scheme that, on or before that date, offered an unqualified right to a protected pension age below 57. To rely on this new protection in 2028, the scheme’s rules must have, as at 11 February 2021, contained an unqualified right to take entitlement to scheme benefits before age 57. For further details, see Practice Note: Increasing the normal minimum pension age ( NMPA) to 57—pensions...
A requestor, or more accurately a complainant, may challenge the handling of a request for environmental information where they believe a public authority has not met a requirement under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). The initial step is to take the matter up with the relevant public authority. If it remains unresolved, the further steps referred to in this Practice Note should then be followed... How and when should a requestor complain? Internal complaints procedure In the first instance, a complaint should be submitted to the relevant public authority itself, which is required to operate a process for handling internal complaints. It should be lodged within 40 working days from the date on which the complainant considers the authority failed to comply with the EIR. Upon receipt of a complaint, the public authority must, free of charge: consider the...
This Practice Note considers contracting authority under the law of England and Wales Recognised as a key element of forming a contract, this note examines agency principles and authority to contract across a range of entities, including: corporations in general, companies incorporated under the Companies Act 2006 ( CA 2006), unregistered and overseas companies, limited liability partnerships, general partnerships and limited partnerships, unincorporated associations, incorporated charities (charitable companies and Charitable Incorporated Organisations), and unincorporated charities (charitable unincorporated associations and charitable trusts). Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the...
Under the Planning Act 2008 ( PA 2008), a framework exists for granting development consent to nationally significant infrastructure projects ( NSIPs) within England, covering the sectors of energy, transport, water, waste water, and waste. Decisions on development consent orders ( DCOs) are made by the Secretary of State ( So S) having regard to the relevant National Policy Statements. Refer to Practice Note: Permission for nationally significant infrastructure projects. Fees Regulations and guidance Charges for DCOs are payable solely for the defined items listed in the Infrastructure Planning ( Fees) Regulations 2010, SI 2010/106 (the Fees Regulations). Different charging arrangements apply to projects that are not nationally significant (i.e. development progressing under the Town and Country Planning Act 1990 rather than PA 2008). Refer to Practice Note: Planning fees......
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...
This Practice Note outlines the legal position and offers practical guidance for service providers on their duties to deliver goods, services and facilities to customers in a non-discriminatory manner under the Equality Act 2010 ( Eq A 2010). It sets out the protected characteristics recognised by Eq A 2010 and gives practical illustrations of different forms of unlawful treatment, together with steps that can be taken to prevent discrimination... Direct discrimination Discrimination by association Discrimination by perception Indirect discrimination Harassment Victimisation Discrimination arising from a disability It also considers enforcement and remedies in Eq A 2010 claims, as well as the territorial scope of the Act. See also: Compliance with the Equality Act 2010 by service providers—checklist. For information on how Eq A 2010 operates in the context of employment...
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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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