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
Key information EU ETS Directive Official title: Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ EC ( EU ETS Directive) Entered into force: 25 October 2003 Transposition deadline: 31 December 2003 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Amended by: For a complete list of amendments, consult EUR- Lex. Key related directives include: Directive 2004/101/ EC (entry into force 13 November 2004; transposition deadline 13 November 2005) Directive 2008/101/ EC (2008 Aviation Directive) (entry into force 2 February 2009; transposition deadline 31 December 2012) Directive 2009/29/ EC ( ETS Phase III Directive) (entry into force 25 June 2009; transposition deadline 31 December 2012) Directive ( EU) 2018/410 ( ETS Phase IV...
This tracker monitors relevant EU- UK environmental law divergence and will be of interest to environmental lawyers. It captures significant areas where EU and UK rules diverge, though it is not an exhaustive catalogue. Where relevant, it flags internal UK differences (for example, between GB and NI, or between devolved administrations and the EU). The focus is on departures from EU Directives and Regulations; Decisions are not covered. UK consultations on principal divergence themes are noted. EU initiatives to introduce or amend legislation are added once the Council of the EU and the European Parliament have reached provisional agreement on the texts, enabling an indicative timetable for entry into force and applicability to be given. For a view of all EU environmental initiatives across every legislative stage, refer to our complete suite of EU environmental law trackers listed below. In this Practice Note,...
Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...
Air quality regulation in England and Wales is interconnected, arising from European law and international agreements, alongside a range of national initiatives. For a summary of pollution controls, see Air pollution—overview, which also provides links to Practice Notes covering numerous elements of air quality. Those materials signpost guidance covering many facets of air quality in detail, via linked Practice Notes. The Environment Act 2021 and the Environment ( Air Quality and Soundscapes) ( Wales) Act 2024 Air quality is a devolved area; while the UK government leads on implementation of international legislation, internal controls may differ between nations. This note examines any divergence only for England and Wales. Part 4 of the Environment Act 2021 ( EA 2021) sets out clear commitments to achieving clean air, reflecting the 25- Year Environment Plan and elaborated in the Clean Air Strategy. For further detail on the Clean Air...
This Practice Note, created with Phil Roberts of Clarke Willmott, sets out a case study exploring the various routes, at both pre-action and post action stages, to safeguard a would-be or actual judgment creditor in pursuing debt recovery—in this instance a footwear supplier. It outlines core principles around guarantees, retention of title provisions, and enforcement options including charging orders, taking control of goods, and third party debt orders, with signposts to related materials on each area. The case study Please note: all names in this case study are entirely invented and any resemblance to real individuals, businesses or companies is purely coincidental and unintended. Pollyanna Pride has supplied shoes to Mr Cobbler of Shoes It Is for nearly three years. Her products are unique soft leather designer boots. They typically sell strongly, despite a retail tag of £295 per pair. Pollyanna takes special pride that,...
This Practice Note explores the scope and application of declarations pursuant to CPR 8 within the context of adjudication proceedings. It addresses the different points at which such relief might be pursued—prior to commencement of an adjudication, whilst one is ongoing, and following delivery of an adjudication decision. For general guidance on Part 8 claims, refer to Practice Note: CPR Part 8 claims (alternative procedure for claims). Why are Part 8 proceedings used? In relation to adjudication proceedings, declarations under CPR Part 8 are typically sought to: obtain clarification before or during the adjudication—eg to resolve a potential breach of natural justice or a jurisdictional challenge; secure final determination on a point, the effect of which is to trump the adjudication decision (see, for example, Leeds City Council v Waco) The latter route is considerably more prevalent because it is usually not possible to stave off...
For earlier years, see the Construction case law tracker—2024; Construction law case tracker (2021–2023, with cases in reverse chronological order); 2020; 2019; 2018; 2017; 2016; and 2015 archives. Public procurement decisions appear in the UK public procurement case tracker and the EU public procurement case tracker. Key forthcoming appeals are listed in the Construction horizon scanner. Judgment date 19 December 2025 Case The H. D. Lee Company Inc v Luis Eduardo Caicedo S. A. ( Lec S. A.) Topic Arbitration News Recovery of arbitration costs from defaulting parties—the recent ruling of the Colombian Supreme Court Summary The Supreme Court of Justice of Colombia recognised a partial arbitral award issued by an ICC tribunal seated in New York. The award required the respondent to repay US$125,000 to the claimant, who had advanced the portion of arbitration costs the respondent failed to fund. The court held that the duty to pay advances on arbitral costs is...
Payments and price under the NEC Engineering and Construction Contract ( ECC) This Practice Note examines how payments are made and how the contract sum is worked out under the NEC Engineering and Construction Contract ( ECC). It sets out how each principal pricing option operates, how the price for the works is determined and how the risk of rising costs is allocated between the parties. For broader information on payment in construction contracts, see Practice Notes: Interim payments in construction contracts, Interim payments in construction contracts and The final account in construction and engineering contracts. This Practice Note addresses both NEC3 and NEC4 editions of the ECC. For consistency, the term ‘ Client’ is used throughout this Practice Note, as that is the expression adopted for the developer/employer in NEC4 contracts (the NEC3 ECC uses the term ‘ Employer’). The term ‘ Scope’ is also used...
This Practice Note identifies key authorities on construction contract payment mechanisms under the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996), as modified by the Local Democracy, Economic Development and Construction Act 2009. For further assistance, see Practice Notes: Interim payments in construction contracts and Interim payments in construction contracts. In respect of interim payments, see also Practice Note: Interim payments in construction contracts. Further guidance is available in the above Practice Notes on interim payments within construction contracts for reference. CAUTION: From December 2014 (when judgment was given in ISG v Seevic) through to February 2018 (when the Technology and Construction Court ( TCC) issued judgment in Grove v S& T), payment disputes proceeded on the footing that if a payer failed to serve a payment notice or a pay less notice for an interim payment, it was taken to have...
This Practice Note explores whether, and in what circumstances, a duty of good faith can be implied into a construction contract, and reviews standard form construction agreements that include express commitments to act in good faith, together with the impact of those clauses on the parties’ obligations. English law, unlike many other legal systems, has long rejected any overarching duty of good faith. Such a duty arises only in narrow classes of contractual agreement, for example certain insurance and employment contracts, and in fiduciary settings. Accordingly, a universal obligation to act in good faith will not, as a rule, be implied into a construction contract in most cases. While various standard forms do contain wording requiring parties to act in a spirit of good faith, the likely consequence, as discussed in this Practice Note, is that any effect on the parties’...
Under section 15 of the Bankruptcy Act 1914 (which preceded the Insolvency Act 1986 ( IA 1986)), a public examination was mandatory whenever a debtor was adjudged bankrupt. The IA 1986 provisions remove the obligation to hold a public examination in each and every case, but permit the official receiver ( OR) to apply to the court for the bankrupt’s public examination before the bankrupt is fully discharged. This route is commonly taken where the bankrupt has not co-operate d with the OR, for instance by failing to fulfil his/her duty to supply the OR with an inventory of their estate or any other information the OR reasonably requires, or by failing to attend on the OR. Although a public examination is not intended as a fishing exercise, it does enable the gathering of material that will aid the OR and/or any trustee in...
Non-party costs orders This Practice Note sets out who a non-party costs order ( NPCO) can be made against and in what circumstances solicitors directors funders expert witnesses insurers litigation friends litigants in person liquidators political parties successful tenderers in public procurement disputes trade unions credit hire companies For details on solicitors, directors and funders, see Practice Notes: Non-party costs orders—solicitors; Non-party costs orders—company directors and shareholders; Non-party costs orders—funders Under section 51 of the Senior Courts Act 1981 ( SCA 1981), the court has a discretion regarding costs of and incidental to proceedings in the civil Court of Appeal, the High Court and the County Court, subject only to the further provisions in SCA 1981, s 51, any other enactment, or the CPR. For general guidance on NPCOs, see Practice Notes: Non-party costs orders—guidelines and Non-party costs orders—application Expert witnesses The court may, in appropriate cases, make an NPCO against an expert witness, although such orders remain...
ARCHIVED : This Practice Note is archived, no longer updated, and provided solely for background information...
Database right Database right is a proprietary entitlement in the UK, arising from the transposition of Directive 96/9/ EC (the EU Database Directive), and applies to a database where there has been substantial investment in acquiring, checking, or presenting its contents. Illustrations of what may amount to a database include: a hard copy or electronic encyclopaedia; collections of data hosted on websites; the intranet; a spreadsheet recording a database and a PDF version of that spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was put into effect in the UK by the Copyright and Rights in Databases Regulations 1997 ( CRD 1997, also called the Database Regulations 1997), SI 1997/3032. Database right is infringed by the extraction or re-utilisation of the whole or a substantial part of the database’s contents without the permission of the rights holder. Not every database benefits from database right....
This Practice Note monitors the advancement of government bills pertinent to corporate crime that have been introduced in the House of Commons or the House of Lords within the UK across 2026 during the parliamentary year. It additionally supplies links to more details on each statute as enacted. For insight into significant secondary legislation, consultations, and other notable developments that might be of interest to corporate crime practitioners in 2026, consult Practice Note: Corporate Crime horizon scanner—2026. His Majesty, King Charles III, outlined the government’s priorities and intended policies for the forthcoming parliamentary session during the State Opening of Parliament on 13 May 2026, emphasising the modernisation of the criminal justice system, boosting court capacity, and enhancing the protection of the public. Core to this are the carried-over Courts Modernisation Bill, formally titled the Courts and Tribunals Bill, and Public Office (...
This Practice Note outlines the law on product liability and defective goods under the Consumer Protection Act 1987 ( CPA 1987). The Act places liability on producers of defective products. It examines what amounts to a defect for the purposes of the CPA 1987, which parties in the supply chain may face liability, the extent of that liability and any contributory negligence considerations, the categories of damages recoverable, and the defences available to a producer. It also reviews leading case law affecting the meaning of defect and the burden of liability under the CPA 1987, namely Wilkes v De Puy and Gee v De Puy, and notes plans for future reform in this field. Statutory framework CPA 1987 gave effect in UK law to Council Directive 85/374/ EEC on liability for defective products (the EU Product Liability Directive or EU PLD). Part I of the CPA 1987...
Introductory guide to non-contentious property law and practice This starter guide is written for trainees and others new to the Property practice area. It sets out the core principles that govern property law and everyday practice, and signposts numerous Lexis+® UK resources offering fuller coverage of the subjects introduced here. Newcomers will also find the Overviews within each Property topic helpful. If an issue is not addressed within this basic guide, return to the Property homepage to explore further content, or use Lexis Ask to put a question to the team. Topics covered What do property lawyers do? Land ownership Land registration and HM Land Registry Transferring land—residential and commercial conveyancing Mortgages and legal charges Leases, licences and the nature of occupation Commercial leases Commercial leases and the Landlord and Tenant Act 1954 ...
FORTHCOMING CHANGE : On 27 October 2025, the Renters’ Rights Act 2025 officially obtained Royal Assent. For further advice and guidance on how the Act affects residential tenancies in England, please consult Practice Note: Renters’ Rights Act 2025—key provisions. Residential flat schemes can be set up by several different methods in practice. These options are outlined in detail within Practice Note: Residential flat schemes— Alternative schemes. This Practice Note concentrates on the broader matters to assess when representing a purchaser of a flat in any residential flat scheme. For more detailed analysis of the pros and cons of holding a freehold unit in a commonhold, compared with a leasehold interest in one of those schemes, please refer to Practice Note: Residential flat schemes—leasehold v commonhold......
FORTHCOMING CHANGE : On 27 October 2025, the Renters’ Rights Act 2025 obtained Royal Assent. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Distinguishing between categories of private residential tenancy turns on the date the tenancy was created and the legislation then in force. This Practice Note surveys the principal forms of private residential tenancy in England and examines four categories: regulated tenancies under the Rent Act 1977 ( RA 1977) assured tenancies under the Housing Act 1988 ( HA 1988) assured shorthold tenancies under HA 1988 common law tenancies In Wales, most private residential tenancies are occupation contracts under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), which commenced on 1 December 2022 and abolished various tenancy types, including assured and assured shorthold tenancies. Existing assured and assured shorthold tenancies were...
Pursuant to Part 2 of the Commonhold and Leasehold Reform Act 2002 ( CLRA 2002), holders of long leases of flats in predominantly residential buildings (subject to specified exceptions) are entitled to assume control of the building's management: regardless of any fault by the landlord with no obligation to pay compensation This right to manage may only be exercised through membership of a right to manage ( RTM) company. Qualifying premises Qualifying premises applies where the following conditions are met: they comprise a self-contained building or part of a building, with or without appurtenant property they contain two or more flats held by qualifying tenants, and the total number of flats held by qualifying tenants is at least two-thirds of the overall number of flats in the...
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
