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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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STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced 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 run and administered in line with those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 constitute EU-derived domestic legislation and are therefore 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, consult Practice Note: Assimilated law. The Public Services ( Social Value) Act 2012 ( PS( SV) A 2012), also known as the...
FORTHCOMING CHANGE: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures commenced 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 run and managed under those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 constitute 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: With effect from 24 February 2025, Procurement Policy Note ( PPN) 015 replaces PPN 10/23 with updated guidance on...
This Practice Note outlines the possible causes of action in sexual abuse cases. It examines how responsibility may fall not only on the individual abuser but also, vicariously, on employers and agencies involved in the care of children. It further considers the typical procedural questions that may arise in non-recent abuse (also known as historical abuse) claims. Procedural issues Civil claims stemming from abuse frequently present complex and sometimes novel questions concerning fact, law and procedure. Limitation Abuse claims are commonly issued many years after the events in question. In cases alleging sexual abuse, it is standard for the limitation issue to be heard alongside liability and causation to prevent the claimant from giving evidence twice. In many instances, the outcome turns on the credibility of the witnesses and, in particular, the claimant. For further guidance, see Practice Note: The court’s power to extend the time...
Source of the doctrine of the separation of powers The roots of the doctrine of the separation of powers are commonly linked to John Locke’s Second Treatise of Government (1689), where he argued that the executive and legislative functions ought to remain distinct. This set out a clear insistence on their proper institutional separation. He warned that human frailty, ever prone to clutch at authority, makes it unsafe for those who draft the laws to hold in their hands the power to enforce them, since they might exempt themselves from obeying the measures they create. The doctrine’s most influential formulation, however, is that of Baron de Montesquieu, reflecting on the English constitution in L’ Esprit des Lois (1748), where he identified judicial authority as a third branch of government. He contended that when legislative and executive powers are concentrated in a single person, or within one body of...
This Practice Note offers an overview of Senedd Cymru, the Welsh Parliament (widely referred to as the Senedd). It explains how its members are chosen and how it exercises its legislative powers. Formerly called the National Assembly for Wales, the institution was renamed on 6 May 2020. Assembly Members were retitled Members of the Senedd ( MSs), and Acts of the National Assembly for Wales were redesignated as Acts of Senedd Cymru. For further background, see News Analysis: Senedd Cymru— Why has the National Assembly for Wales changed its name? Which voting system is used in Senedd elections? Until 2026, elections to the Assembly, and then the Senedd, used the additional member system. This approach combined two methods of voting. First, voters selected a constituency representative using the First Past the Post method. They also cast a second, proportional vote for candidates from regional lists. In...
Civil justice reform Refer to our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for up-to-date rules and practice in Scotland’s civil courts on remote hearings and the electronic signing, transmission and lodging of documents. The Note also sets out the process for commencing a judicial review in Scotland. For guidance on: further aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland—grounds of challenge; Judicial review in Scotland—remedies; and Judicial review in Scotland—protective expenses orders other key areas of Scots law and procedure, consult our Scotland collection judicial review in England and Wales, see Practice Notes: Judicial review—what it is and when it can be used; and Judicial review—time limits and the pre-action protocol Key CR( S) A 2014: Courts Reform ( Scotland) Act 2014 CSA 1988: Court of...
These tables present an archive of news analysis on developments in Scotland and Scots law across multiple practice areas. For material specifically addressing coronavirus ( COVID-19), consult the Coronavirus ( COVID-19)— Scotland tracker [ Archived]. News analysis 2026 Date News analysis Brief description of news analysis. Entries below comprise an archive of news analysis across practice areas. 14 April 2026 Narrow exceptions to the Standard Prescription Rules ( Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others) Construction analysis: The Inner House adopted a narrow stance to the statutory carve-outs that interrupt or defer prescription under the Prescription and Limitation ( Scotland) Act 1973 ( PL( S) A 1973). It decided GGHB’s cladding claim, commenced over five years after practical completion, was time-barred. The court stressed that PL( S) A 1973, s 6(4) demands cogent proof of a...
This Practice Note includes a link to the full text of key legislation that is particularly relevant to Scotland and referenced in within the practical guidance accessible in the Scotland collection. Scotland Act 1998 — Access the complete text: Scotland Act 1998 ( SA 1998). Scotland Act 2012 — View the full text here: Scotland Act 2012 ( SA 2012). Scotland Act 2016 — Read the full version: Scotland Act 2016 ( SA 2016). Scottish Elections ( Representation and Reform) Act 2025 — See the complete text: Scottish Elections ( Representation and Reform) Act 2025 ( SE( RR) A 2025). Human Rights Act 1998 — Obtain the full text: Human Rights Act 1998 ( HRA 1998). Courts Reform ( Scotland) Act 2014 — Explore the full text: Courts Reform ( Scotland) Act 2014 ( CR( S) A...
STOP PRESS: On 19 June 2025 the Data ( Use and Access) Bill secured Royal Assent, was enacted as the Data ( Use and Access) Act 2025 ( DUAA 2025), and took partial effect immediately. Provisions dealing with, among other things, handling data subject access requests and granting powers to make further regulations commenced on 19 June 2025. Measures relating to Information Commissioner notices and elements of law enforcement processing started on 19 August 2025, two months after Royal Assent. Most of the Act still awaits commencement via additional statutory instruments. Parts 5 and 6 update elements of UK data protection and e Privacy law, touching the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Most Part 5 measures are...
Introduction The rule of law is a cornerstone of fair governance. Although infamously difficult to pin down, its core has long been recognised: those who rule must do so through law, and remain answerable to law’s authority rather than standing above it. Contemporary perspectives highlight democracy and human rights as vital to enriching a fuller account of the rule of law. In this thicker view, legality works alongside democratic accountability and the safeguarding of rights to complete the picture. Background Plato, in the Laws, places in the mouth of an unnamed Athenian the view that rulers are servants or stewards of the law—not for novelty’s sake, but because the welfare or decline of the polis turns on that service. Where law is subordinated and lacks authority, the state heads towards ruin; yet where law holds supremacy over the rulers, and rulers acknowledge themselves its...
While the Investigatory Powers Act 2016 ( IPA 2016) largely superseded the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), the Part III provisions of RIPA 2000—dealing with the ability of public bodies to issue notices requiring the decryption of encrypted information or the provision of decryption keys—remain in effect, albeit as modified by the IPA 2016. For further details on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide... Investigation of encrypted electronic data RIPA 2000, Pt III governs investigations by a public authority into electronic data protected by encryption. The statutory scheme is supplemented by a Code of Practice, which is admissible in evidence in both criminal and civil proceedings. A wide range of methods enable businesses, individuals and criminals to secure and protect their electronic data and to maintain the privacy of their electronic...
ARCHIVED: This Practice Note has been archived and is not maintained. As of 27 June 2018, the provisions in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) dealing with unlawful interception of communications data were repealed and superseded by Parts 1 and 2 of the Investigatory Powers Act 2016 ( IPA 2016). This change abolished the offences of unlawful interception in RIPA 2000, s 1, replacing them with offences of unlawful interception and unauthorised disclosures under IPA 2016, ss 3 and 59. For guidance on the framework governing interception of communications under the IPA 2016, see Practice Note: Interception of communications under the Investigatory Powers Act 2016. For an overview of the background and scope of the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. If an interception offence occurred prior to 27 June 2018,...
The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent on 29 June 2023. Although less expansive than the initial proposal to disapply all retained EU law ( REUL) by the end of 2023, it nonetheless delivers notable changes. This Practice Note outlines the impact of REUL( RR) A 2023, the reforms it introduces and the interpretation of assimilated law, the role of the courts, and how REUL( RR) A 2023 interfaces with the Withdrawal Agreement and the Trade and Co-operation Agreement ( TCA) with the EU... The European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) To understand the operation of REUL( RR) A 2023, one must return to the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). For background on EU( W) A 2018, see Practice Note:...
Retained EU Law ( Revocation and Reform) Act 2023 The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) overhauls the framework set by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It has a marked effect on the status and treatment of what had been retained EU law ( REUL); from 1 January 2024, by virtue of the Act, this is recognised as assimilated law. The legislation also confers a broad set of powers enabling the further amendment, repeal, and substitution of assimilated law over time. REUL( RR) A 2023 came into force in part on 29 June 2023, with additional provisions taking effect on 29 August 2023, and the remaining elements commencing on appointment. It was brought into force on 1 January 2024, save for section 6 ( Role of courts). For...
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...
This Practice Note explores how ‘religion’ and ‘belief’ are defined for the purpose of the protected characteristic of religion or belief in relation to religious discrimination and other prohibited conduct under the Equality Act 2010 ( Eq A 2010), and sets out the criteria for a religious or a philosophical belief to receive protection... Protected characteristics Eq A 2010 protects against discrimination connected to specified characteristics that individuals may hold. Certain protections apply solely to one such characteristic, while others operate uniformly across all of them, collectively known as ‘the protected characteristics’. With the exception of pregnancy and maternity, each protected characteristic is identified and defined in Eq A 2010. For an overview of protected characteristics generally, see: Protected characteristics—overview. This Practice Note focuses on the protected characteristic of religion or belief... Definition of religion or belief Under Eq A 2010, ‘religion’ means any religion and also...
What is the Teachers’ Pension Scheme? The Teachers’ Pension Scheme ( TPS) is a statutory public service pension arrangement for members of the teaching profession in England and Wales. Since 1 April 2015, the TPS has consisted of two schemes: The reformed TPS (often described in TPS literature as the ‘2015 Scheme’), established on 1 April 2015 under the Public Service Pensions Act 2013 ( PSPA 2013) as a career average revalued earnings ( CARE) scheme. This Practice Note concerns that scheme. The legacy TPS, created by the Superannuation Act 1972 ( SA 1972) as a final salary scheme for those who joined before 1 April 2015. It closed to future accrual on 31 March 2022, while retaining a final salary link within that scheme. For more, see Practice Note: The legacy Teachers’ Pension Scheme. Separate schemes operate in Scotland and Northern Ireland and are outside the scope of this...
What is the National Health Service Pension Scheme? The NHSPS is an unfunded public service occupational pension that delivers salary‑related, defined benefit ( DB) retirement provision for health service staff. The reformed NHSPS (often termed the ‘2015 Scheme’) began on 1 April 2015 as a career average revalued earnings ( CARE) arrangement. New starters since that date have joined this scheme, which is the focus of this Practice Note. The legacy NHSPS (the ‘1995/2008 Scheme’) consists of two separate final salary sections—the 1995 Section and the 2008 Section—both closed to future accrual, while preserving a final salary link within that scheme. For further details, see Practice Note: The legacy National Health Service Pension Scheme. There are distinct schemes in Scotland and Northern Ireland, which are not covered by this Practice Note. When the reformed NHSPS opened, the government acted to close the 1995 and 2008 Sections to future...
In brief A public authority is not obliged to respond to a request for information under the Freedom of Information Act 2000 ( FIA 2000) if any of the following apply: the anticipated cost would surpass the appropriate limit the request is vexatious the request is repeated an exemption applies The FIA 2000 includes a range of exemptions allowing an authority to withhold the information sought. These broadly fall into two groups: absolute exemptions qualified exemptions, which are subject to a public interest test When managing a request—even where an exemption is engaged—an authority must still meet its duty to offer advice and assistance, so far as it is reasonable. Therefore, even if material is considered exempt, the authority should do more than send a refusal notice and should also think about what additional help can be given to the...
STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now operative. Procurement exercises launched on or after that date must, without exception, proceed under PA 2023, whereas those initiated under the previous regime—including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured, administered and managed in accordance with that legislation. The Cabinet Office has likewise refreshed and republished its collections of standard contract documents, templates and guidance materials for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were issued in tandem with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect and incorporate these developments. In the meantime, see News...
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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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