Featured documents
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:
Most recent Practice notes
CASE HUB ARCHIVED This archive captures the position as at the judgment of 21 January 2021 and is no longer being updated. For more, consult the timeline and related/relevant cases... Case facts Outline Case C-308/19 Whitleland Import Export — a preliminary reference from Romania — sought clarification on whether, amongst other matters, Articles 4(3) TFEU and 101 TFEU should be construed as follows: They oblige the courts of the Member States to read national provisions on the limitation period governing the Competition Authority’s power to levy administrative penalties in line with Article 25(3) of Regulation ( EC) No 1/2003(1); and They rule out an interpretation of national law whereby an act interrupting the limitation period is confined solely to the formal step of opening an investigation into an anti-competitive practice, excluding subsequent investigatory measures taken for the purposes of that inquiry from being treated as...
This Practice Note provides an overview of the legal framework and practical context for whistleblowing under the Employment Rights Act 1996 ( ERA 1996). It offers high-level guidance for organisations and supports the drafting of your whistleblowing policy and procedures. It is not a handbook for managing whistleblowing claims, which is an employment law issue. What is whistleblowing? Whistleblowing refers to a worker disclosing information about wrongdoing (ie making a disclosure), usually—though not always—arising in the workplace. For whistleblowing protections to apply, the worker must reasonably believe they are acting in the public interest and that the disclosure points to past, current, or likely future wrongdoing within one or more of these categories: criminal offences (eg fraud) failure to meet a legal obligation miscarriages of justice risks to someone’s health and safety damage to the...
Employment Rights Act 1996 and Public Interest Disclosure Act 1998 By virtue of the Employment Rights Act 1996 ( ERA 1996), as modified by the Public Interest Disclosure Act 1998 ( PIDA 1998) and subsequently by the Enterprise and Regulatory Reform Act 2016, any agreement made between employees and their employer is of no legal effect, in so far as it aims or purports to stop an employee from making a protected disclosure......
This Practice Note outlines the legal framework and practice on whistleblowing under the Employment Rights Act 1996 ( ERA 1996). It aims to offer high-level guidance for law firms, supporting the drafting of your whistleblowing policy. It is not a manual for handling whistleblowing claims, which fall within employment law. The Note also mirrors obligations in the SRA Standards and Regulations, together with guidance from the Law Society. What is whistleblowing? Whistleblowing describes circumstances where a worker shares information about wrongdoing (i.e. makes a disclosure), usually—though not always—relating to matters they have observed in the workplace. Such disclosures arise at work, though the information need not be limited to wrongdoing witnessed there......
This Practice Note outlines workers' rights to pursue whistleblowing claims where they have experienced detriment and/or been dismissed for making a protected disclosure in the workplace. It addresses the broadened meaning of worker in this setting and identifies categories barred from bringing such claims. It also covers claims arising from detriment or dismissal linked to a protected disclosure made with a former employer. It summarises the position for such claims. No qualifying period There is no minimum period of employment required to qualify to bring a whistleblowing claim under these provisions. Those included: the extended definition of 'worker' Every worker may bring a claim for any disadvantage suffered due to an act or failure to act by their employer, where that conduct was because the complainant made a protected disclosure. For these purposes, the term 'worker' carries an expanded definition......
This Practice Note explores the defences and exceptions available in relation to a whistleblowing claim, and how these might be relied upon in practice. It also summarises the key principles that govern such claims... Those wholly or partly excluded from bringing a claim Although the scope of the whistleblowing regime is very wide, some categories of people are either partially or entirely prevented from pursuing a claim under it at all. For more detail, see Practice Note: Entitlement to claim whistleblowing— Excluded persons... Lack of reasonable belief in wrongdoing To count as a qualifying disclosure, the worker must hold a reasonable belief that their allegation indicates one or more of the specified forms of wrongdoing has taken place or is occurring. A disclosure will not qualify if, assessed against the information the worker possessed at the point the decision to disclose was taken, it was not...
Practice Note This Practice Note includes a table setting out particular instances in which legal professional privilege ( LPP) and privileged circumstances are expected to arise, and when submission of a suspicious activity report ( SAR) to the National Crime Agency ( NCA) is allowed or mandated, as appropriate. For LPP or privileged circumstances to exist, the communication must meet all of the applicable qualifying criteria. For further information, see Practice Note: Privilege, money laundering and terrorist financing. There is no definitive catalogue of communications or documents protected by LPP or privileged circumstances. The table distils prevailing views together with recent court findings. Owing to the difficulty of interpretation, you should record your reasoning and decision-making to counter any allegation that you failed to make a disclosure under section 330 of the Proceeds of Crime Act 2002 ( POCA 2002)......
FORTHCOMING CHANGES : At Budget 2025, the government confirmed it will legislate through Finance Bill 2026 (also known as Finance ( No 2) Bill 2024–26) to introduce new powers for HMRC aimed at tackling fraud by businesses operating within the CIS. Reflecting VAT rules that restrict input tax recovery where a supplier knew or should have known a supply was linked to the fraudulent evasion of VAT, the forthcoming CIS rules will: permit the immediate removal of a business’s gross payment status make a business accountable for tax that has been lost, and allow a penalty of 30% of the lost tax to be charged to the business, its directors, and other connected persons where it can be demonstrated that the business knew or should have known it entered into a transaction connected with the fraudulent evasion of tax In...
Depending on the facts, a sum paid or a benefit given on the termination of an office or employment can be taxed in full, taxed in part, or, in limited cases, be wholly exempt. For a summary of the potential tax treatments of termination payments, see Practice Note: Termination payments and tax. The starting point for any termination sum is to consider whether it is chargeable, on basic principles, as earnings from, or an emolument of, an office or employment under section 62 of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003) or instead falls within other provisions of ITEPA 2003 that deem specified categories of termination payments to be earnings. For instance, since 6 April 2018, ITEPA 2003, s 402B has treated non-contractual payments in lieu of notice ( PILONs) as earnings for tax purposes under UK law......
Contents of training materials These training resources comprise slides and speaker notes designed to introduce trainees, junior lawyers, lawyers from other practice areas, or clients to the basics of when planning permission is needed in practice. They address: definition of 'development' operational development, including demolition, alteration and rebuilding material change of use what does not constitute development lawful development certificates permission in principle They......
E& W Brussels I (recast)—when is a court seised? (art 32) [ Archived] ARCHIVED: This Practice Note is archived and is no longer maintained. It examines the point at which a court becomes seised of proceedings under Article 32 of Regulation ( EU) 1215/2012, Brussels I (recast). Identifying the court first seised is fundamental to the operation of Articles 29–31 of Regulation ( EU) 1215/2012, Brussels I (recast), which address the prevention and regulation of concurrent proceedings. For details of the equivalent provisions in Regulation ( EC) 44/2001, Brussels I, see Practice Note: Brussels I—when is a court seised? (art 30) [ Archived]. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Under the transitional arrangements in the Withdrawal Agreement between the UK and the EU, the UK...
This Practice Note provides a brief overview of the law of special educational needs ( SEN) in Wales. It summarises the framework under the Additional Learning Needs and Education Tribunal ( Wales) Act 2018 concerning additional learning needs ( ALN), together with the transitional arrangements brought about by this reform. For coverage of SEN in England, see Practice Note: Special educational needs in England under the Children and Families Act 2014. ALNET( W) A 2018, partially in force (with certain provisions in force from 1 September 2025), applies to the following pupils: children with newly recognised ALN; children who are detained; children in Nursery Years 1 or 2, or Years 1, 3, 5, 7 or 10, already receiving additional learning provision ( ALP) through school action or school action plus; children attending a maintained school or Pupil Referral Unit who are looked...
Planning policy The main source of planning policy is Planning Policy Wales ( PPW), with further guidance in Technical Advice Notes ( TANs), circulars, and planning circular letters issued for clarification. TANs encompass Mineral Technical Advice Notes ( MTANs), and the circulars cover pertinent material from the pre‑devolution Welsh Office alongside newer Welsh government publications. PPW outlines the Welsh government’s land‑use planning policies and, taken with the sources above, forms the national planning policy framework for Wales. Minerals policy is addressed in PPW Chapter 5 and in the MTANs. PPW’s core principles are implemented nationally, regionally and locally through the National Development Framework ( NDF), strategic development plans, and local development plans. Collectively, these documents constitute the statutory ‘development plan’ for an area. As noted in PPW, Place Plans are optional, non‑statutory documents that a local community may prepare (see below). Although PPW is not...
FORTHCOMING CHANGE: Agricultural Minimum Wage rates are ordinarily reviewed each year by the Agricultural Advisory Panel for Wales (the Panel). As the recruitment of a new Chair is still underway, the Panel has not been able to finalise an Agricultural Wages Order for 2026. Accordingly, from 1 April 2026 the rates set out in the Agricultural Wages ( Wales) Order 2025, SI 2025/293, will continue to apply, except where superseded by changes to the National Minimum Wage ( NMW) or National Living Wage ( NLW). This Practice Note will be updated to reflect any amendments introduced by the Agricultural Wages Order for 2026 once it is made. FORTHCOMING CHANGE: Relevant provisions (not yet in force) of the Tertiary Education and Research ( Wales) Act 2022 will create a new scheme of apprenticeships in Wales, replacing the current regime under Chapter 1 of the...
Background Following the Grenfell Tower disaster, the Welsh Government created the Building Safety Programme to tackle life‑critical fire safety risks in residential and mixed‑use buildings across Wales. The Programme aims to pinpoint affected buildings, support the investigation and remediation of fire safety faults, and help make sure leaseholders are also shielded from paying for essential remedial works. As the Programme was developed, the Welsh Government found that a number of residential and mixed‑use buildings in Wales standing at least 11 metres or higher had fire safety defects and that, under the law at the time, leaseholders would normally have been liable for the cost of putting matters right. In turn, Welsh Ministers allocated dedicated funding via the Welsh Building Safety Fund to cover technical survey activity and certain specified remediation works for such buildings. On 19 July 2022, the Welsh...
Background to the Future Generations Act First tabled in 2012, the Bill that ultimately became the Well-being of Future Generations ( Wales) Act 2015 ( WFG( W) 2015) initially bore the title ‘ Sustainable Development Bill’, a name that hinted at its wide purpose. The First Minister later rebranded it the ‘ Future Generations Bill’ to signal a shift in focus that brought the social and economic strands of sustainable development to the fore. Environmental groups argued that this change of name indicated a step back from the environmental sustainability aims highlighted during the early consultations. Welsh Government’s focus on sustainable development predates this legislation. Under section 79 of the Government of Wales Act 2006, Welsh Ministers are required to set out a scheme explaining how, in carrying out their functions, they will promote sustainable development. The Welsh Government’s scheme, ‘ One Wales: One...
Within this Practice Note, an incapacitated individual is termed the ‘adult’. For the statutory basis for guardianships, see Practice Note: Adults with Incapacity ( Scotland) Act 2000. For details on applying to appoint a guardian, refer to Practice Notes: Guardianship applications in Scotland—pre-application matters and Guardianship applications in Scotland—court process. General principles Anyone appointed under the Adults with Incapacity ( Scotland) Act 2000 ( AI( S) A 2000) must carry out the office in accordance with the s 1 principles, which can be summarised as: the appointment should confer a benefit on the adult any intervention should be the least restrictive of the adult’s freedom the adult’s wishes, past and present, must be considered so far as reasonable, the views of other relevant parties should be taken into account the adult should be encouraged to use their abilities wherever possible These operate as the guiding principles....
The Waste Electrical and Electronic Equipment Regulations 2013 ( SI 2013/3113) transposed Directive 2012/19/ EU (the recast WEEE Directive) and revoked and replaced the Waste Electrical and Electronic Equipment Regulations 2006 ( SI 2006/3289). The Packaging Waste Regulations ( SI 2007/871 and SI 2015/1640) and the End of Life Vehicles Regulations ( SI 2005/263 and SI 2003/2635) are grounded in the principle of ‘extended producer responsibility’. This principle requires producers to take responsibility for the environmental impacts of their products, particularly at end-of-life when they become waste. The recast WEEE Directive, and the earlier Directive 2002/96/ EC ( WEEE Directive 2002), are likewise founded on this approach. See Practice Note: Waste electrical and electronic equipment ( WEEE) Directive—snapshot for more information. For information on extended producer responsibility in relation to packaging waste, see Practice Note: Packaging waste— extended producer...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 ( WEEE 2013) In England and Wales, the management of Waste Electrical and Electronic Equipment ( WEEE) is governed by the Waste Electrical and Electronic Equipment Regulations 2013 ( WEEE 2013), SI 2013/3113. These regulations revoked and superseded the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 ( WEEE 2006). The 2013 Regulations are founded on the concept of extended producer responsibility, under which producers are accountable for the environmental consequences of their products, particularly when items reach the end of their life and become waste. For further detail on producer responsibility and extended producer responsibility, consult the Practice Notes: WEEE—producer obligations and Packaging waste—extended producer responsibility regime......
Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 ( WEEE 2013), as amended, implemented Directive 2012/19/ EU, the recast WEEE Directive, and repealed and replaced the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 ( WEEE 2006). The recast WEEE Directive, and before it Directive 2002/96/ EC, the 2002 WEEE Directive, are founded on the principle of ‘extended producer responsibility’. This obliges producers to accept responsibility for the environmental effects of their products, particularly at the end of their life when those products become waste. The primary purpose of the recast WEEE Directive, and therefore domestic WEEE rules, is to go on minimising the environmental impact of electrical and electronic equipment ( EEE) by promoting the reuse, recycling and recovery of waste EEE ( WEEE) by: raising the quantity of WEEE that is...
Popular documents
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 ]...
Discover more from LexisNexis
