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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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ARCHIVED: This Practice Note is archived and no longer maintained. It offers contextual guidance on the main types and doctrines of EU law and legislation, and considers how Brexit affects EU-derived law and legislation in the UK, as background reading. For more detail on this topic, see the Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For broader Brexit materials, see: Brexit collection. This Practice Note is not maintained. Effect of Brexit on EU law in the UK The UK ended its EU membership at 11 pm on 31 January 2020 (exit day). From that moment, directly applicable EU law no longer applied to the UK under the EU Treaties, and the UK was no longer bound by duties under those treaties, which oblige Member States to ensure their domestic legislation complies with obligations set out in EU laws. EU law itself, and its...
ARCHIVED : This Practice Note has been archived is not maintained. This archived Practice Note is not maintained. It brings together and distils notable historic decisions and case law outcomes connected to the Freedom of Information Act 2000 ( FIA 2000). For the most recent developments in case law, see the Freedom of information case tracker. Under each heading, the tables identify significant rulings from: Court of Appeal Upper Tribunal ( UT) First Tier Tribunal ( Information Rights) ( FTT) Information Commissioner’s Office ( ICO) For ease of use, the tracker is organised by the principal provisions and issues addressed under the FIA 2000, including: information held by a public authority requirements for a valid freedom of information request fees and cost of compliance time frame for compliance means of communicating information vexatious and repeated...
ARCHIVED: This Practice Note is archived and is not maintained. For alternative further reading, see Practice Note: Judicial review in Scotland—raising a claim. In Scotland, any application for judicial review must be made, in the prescribed form, to the Court of Session. The Courts Reform ( Scotland) Act 2014 ( CR( S) A 2014) ushered in an entirely new procedure for judicial review proceedings in Scotland. Sections 27A–27D of the Court of Session Act 1988 ( CSA 1988) introduced new time limits and a requirement to obtain the Court’s permission before applying. Chapter 58 of the Court of Session Rules was fully rewritten in 2015, reforming all applications to the court’s supervisory jurisdiction in Scotland, which must proceed by petition for judicial review. The key procedural stages and the corresponding Court of Session Rules are as follows: Petition — Rules...
The gender pay gap reporting obligations are set out in the following pieces of legislation: Equality Act 2010 ( Gender Pay Gap Information) Regulations 2017 ( Private Sector Regulations), SI 2017/172, which apply to the private and voluntary sector and to public sector employers not covered by the public sector regulations Equality Act 2010 ( Specific Duties and Public Authorities) Regulations 2017 ( Public Sector Regulations), SI 2017/353, which apply to most public sector employers This Practice Note offers a summary of the essential points employers should know about both sets of regulations (together called in this Practice Note the Regulations) and considers their provisions in greater detail. The main emphasis is on how the gender pay gap reporting duties operate for private and voluntary sector employers, while also outlining the distinctions that apply to gender pay gap reporting by public...
Legislation The English legal system rests on two principal sources of law: legislation, and case law, or common law Legislation is a primary source, divided into primary and secondary forms. Acts of Parliament are primary legislation, often called statute. A primary statute sets out the overall structure of the relevant law but may leave out practical or consequential specifics, and secondary legislation is used to add the detailed provisions linked to the original statute. Each year, thousands of pieces of secondary legislation are passed, compared with an average of between 30 and 40 Acts of Parliament, making secondary legislation the most time‑effective means of putting into effect the detail a statute needs to operate. There is no general legal limit on what secondary legislation can accomplish; its scope depends on the wording of the parent Act. Advantages and disadvantages of secondary...
This Practice Note focuses on the key points for public authorities to consider when complying with a freedom of information request. Under the Freedom of Information Act 2000 ( FIA 2000), a public authority is required to answer any valid request for information made by any individual, wherever in the world they are, as required by the Act. On receiving a valid request, the authority must confirm or deny in writing whether it holds the specified information and, if it does, provide it to the applicant, unless an exemption applies. When a request is received, an authority should: log the date on which the request was received assess whether the request satisfies validity requirements ascertain if information matching the stated description is held estimate the likely cost of compliance decide whether charging a fee is...
The Freedom of Information Act 2000 ( FIA 2000) The Freedom of Information Act 2000 ( FIA 2000) provides a right to access information held by public authorities. Under this right, any individual making a valid request to a public authority is entitled: to receive written confirmation from the authority as to whether it holds the information sought and, if so, to have that information communicated to them Consequently, public authorities are obliged to confirm or deny in writing whether they hold the requested material and, where they do, to provide it to the applicant. Who is caught by the regime The regime applies to ‘public authorities’, a term defined in FIA 2000 to include any body, any other person, or the holder of any office that is: listed in FIA 2000, Sch 1 designated as such by an order of the...
The UK rail network is the planet’s oldest, with over 1.7 billion people using trains for travel and more than 17 billion tonne kilometres of freight conveyed each year. Since British Rail was privatised in the 1990s, rail infrastructure has evolved into a complex model marrying public ownership with private delivery. Network Rail owns and runs the mainline, overseen by the Office of Rail and Road ( ORR) and steered by strategic policy from the Department for Transport ( Df T). In May 2021, the Government set out the Williams- Shapps Plan for Rail as the blueprint for far-reaching reform of Britain’s railway. A new organisation, the Great British Railways Transition Team, was formed to put interim arrangements in place and to pave the way for Great British Railways ( GBR), envisaged as the railway’s ‘single...
FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that date must proceed under PA 2023, while those initiated under earlier legislation must continue to be delivered and administered in line with that regime: 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. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore form 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. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 replaces PPN 10/23 with updated guidance on how to...
This overview sets out European Commission decisions covering non in‑depth State aid reviews and completed State aid sector inquiries since 2016. For the latest in‑depth probes, see the EU State aid decisions—ongoing cases tracker. For appeals before the General Court, consult the General Court State aid appeals—ongoing cases tracker; for appeals before the Court of Justice, see the Court of Justice State aid appeals—ongoing cases tracker; and for national references on State aid before the Court of Justice, see the Court of Justice State aid national references—ongoing cases tracker. Non in-depth investigation—2025 March 2025 Criteria, modalities and procedures for the implementation of the District Contracts and the related aid measures concerning food districts, within the meaning of the provisions relating to District Contracts () — Italy; Sector: Agriculture, forestry, rural areas; Aid: Direct grant scheme until 31/12/2029; Decision: Did not raise...
ARCHIVED: This Practice Note is archived and is not maintained Brexit impact—public procurement The UK public procurement framework arises from EU public procurement legislation, and is consequently affected by the UK’s departure from the EU. For overarching updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For additional reading on Brexit’s effect on public procurement, see Practice Note: Brexit—the implications for public procurement [ Archived]. Status of grants in public procurement law Public Contracts Regulations 2015 The Public Contracts Directive, which establishes the European Union’s public procurement rules, is implemented in the UK (for England, Wales and Northern Ireland) through the Public Contracts Regulations 2015 ( PCR 2015). PCR 2015 apply where one party to an arrangement is a ‘contracting authority’ as defined in regulation 2(1). In addition, the arrangement must fall within the scope of PCR 2015—subject to the exemptions in...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out a synopsis of the exemptions under the Freedom of Information Act 2000 ( FIA 2000) and examines the exemptions invoked by public authorities in the first decade of the regime. It reviews the most effective exemptions (from the public authority’s standpoint), judged by decisions upheld or partly upheld by the Information Commissioners Office ( ICO). The note also offers a statistical overview of trends in complaints referred to the ICO. This Practice Note is not maintained and is provided for background information only. Method of analysis Under the FIA 2000, a requester may seek any information held by a public authority. Part II of the FIA 2000 sets out a range of specific exemptions from the general right of access to information. These exemptions exist chiefly to protect...
STOP PRESS: From 24 February 2025, the core elements of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after this date must proceed under PA 2023, while procurements initiated under earlier regimes (the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic rules and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and construction of assimilated law, see Practice Note: Assimilated law. Public procurement in the UK Public procurement concerns public bodies buying goods, works or...
This Practice Note examines the character and standing of three kinds of public body: ‘non‑departmental public bodies’ ( NDPBs), government executive agencies, and non‑ministerial departments. Each sits within government yet is not a conventional minister‑led department (save that executive agencies form part of such departments). Collectively they are described as ‘arm’s length bodies’, reflecting their operation at a degree of remove from ministers. By way of illustration, the Department for Education presently works with 17 agencies and public bodies, including two non‑ministerial departments ( Ofqual and Ofsted), two executive agencies, nine executive NDPBs and one advisory NDPB. These figures may vary over time. Non-departmental public bodies A non‑departmental public body ( NDPB) performs a function within central government but does not belong to a government department. NDPBs function at arm’s length from ministers, although a minister remains answerable to Parliament for each one. The NDPB label is not a...
ARCHIVED This Practice Note is archived and is no longer maintained. The UK freedom of information framework is governed by these principal instruments: Freedom of Information Act 2000 ( FIA 2000) Freedom of Information and Data Protection ( Appropriate Limit and Fees) Regulations 2004, SI 2004/3244 The Information Commissioner’s Office ( ICO) oversees the use of, and access to, information. It publishes guidance to support public authorities in applying FIA 2000. That guidance defines the scope of FIA 2000, sets out the duties imposed on public authorities, and clarifies the rights of members of the public when making information requests. The Freedom of Information Code of Practice provides direction to authorities on meeting their responsibilities under FIA 2000. Although the code is not itself binding, failing to adhere to it is likely to give rise to a related breach under FIA...
STOP PRESS: As at 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements commenced on or after this date must proceed in accordance with 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 conducted under 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. STOP PRESS: The Procurement Act 2023 comes into force on 28 October 2024. For further...
The Freedom of Information Act 2000 ( FIA 2000) grants a general public right to access information held by public authorities, requiring each authority to confirm if the requested material is held and, where it is, to supply that information. This access right is not unrestricted, and FIA 2000 contains several exemptions reflecting circumstances where disclosure could harm the proper functioning of the public sector. Legal professional privilege Legal professional privilege is a legal rule safeguarding communications connected to securing legal advice. There are two forms of legal professional privilege—legal advice privilege and litigation privilege. Legal advice privilege covers communications between a client and their lawyer that form part of the process of providing legal advice. This privilege applies regardless of any actual or contemplated court proceedings. By contrast, litigation privilege only arises when litigation is a reality or reasonably in prospect, and it extends beyond...
Types of Bill Most legislation falls into the category of Public Bills, which seek to alter the law as it applies to all. The majority of these are government Bills, brought forward by ministers as part of a planned legislative agenda or in reaction to developments. When a Public Bill is introduced by an MP or a member of the House of Lords who is not a minister, it is termed a Private Member’s Bill. Only a small proportion of Private Members’ Bills progress into law. It is crucial not to confuse Private Members’ Bills with Private Bills. Private Bills propose legal changes that affect only specific people or bodies, rather than the general population. Each year several measures are put before Parliament by external organisations. For instance, Transport for London ( Tf L) advanced the Transport for London Bill to grant Tf L...
Under the Human Rights Act 1998 ( HRA 1998), all public authorities in the UK are required to act consistently with the European Convention on Human Rights ( ECHR), namely the ‘ Convention rights’. For further reading, see Practice Note: Convention rights. If this obligation is breached, the HRA 1998 allows any victim to bring proceedings against the public authority at fault ( HRA 1998, s 7(1)(a)). Additionally, a victim may rely on their Convention rights in any legal proceedings ( HRA 1998, s 7(1)(b)). Background—the relationship between the ECHR and the HRA 1998 The ECHR (the ‘ Convention’, as set out in HRA 1998, Sch 1 Pt 1) is an international treaty concluded by the member states of the Council of Europe. Under Article 1, each contracting state must secure the Convention rights for everyone within its jurisdiction. The Convention also...
Specific measures usually operate to secure a basic level of pension protection for employees whose roles are compulsorily transferred from central government to private sector contractors due to the outsourcing of services. These safeguards are commonly known as ‘ Fair Deal’. Fair Deal protection—background history Fair Deal guidance first appeared in Annex A of the HM Treasury Guidance ‘ Staff Transfers From Central Government: A Fair Deal for Staff Pensions’, issued in June 1999, and was directed solely at central government departments and agencies. This initial guidance (referred to as ‘old Fair Deal’ in this Practice Note) developed over time as follows: In January 2000, old Fair Deal was annexed to, and cited in, the Cabinet Office Statement of Practice ‘ Staff Transfers in the Public Sector’ ( COSOP), which was later revised in November 2007 and December 2013. This annexing was...
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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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