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
This Practice Note centres on the planning regime for new nuclear build facilities. It outlines the policy foundations for consenting new nuclear plants, the routes for appeal and judicial review, and the effects of the UK’s departure from the EU on nuclear planning. For general information on nuclear licensing and regulation, see: Nuclear licensing and regulation—overview. Further consents, including licensing from the Office for Nuclear Regulation ( ONR), are covered in Practice Note: Operating under a nuclear site licence. Planning policy Energy National Policy Statements The government’s policy on major infrastructure is expressed through National Policy Statements ( NPSs), which are statutory documents made under the Planning Act 2008 ( PA 2008). NPSs guide the Secretary of State when determining development consent applications for energy infrastructure of national significance. Between late 2009 and early 2010, the government issued six draft NPSs for...
Robust spatial planning plays a key role in tackling climate change, as it can affect the release of greenhouse gases. Local planning authorities ( LPAs), along with other planning decision-makers, should make sure that safeguarding the local and wider environment is fully taken into account. Good planning can build resilience to climate change impacts through careful choices on the siting, mix, and design of development......
Read this Practice Note alongside Practice Notes: The statutory test for section 106 agreements and interaction with Community Infrastructure Levy ( CIL), and Drafting section 106 agreements—practical advice for developers. What can planning obligations do? Agreements under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990)—commonly called planning obligations or s 106 agreements—are entered into by developers or landowners together with local planning authorities ( LPAs) within the relevant area. They are tied to a planning permission and serve to render development acceptable where, in planning terms, it would otherwise not be acceptable without such control. Under TCPA 1990, s 106(1)(a)–(d), a person with an interest in land within an LPA’s area may enter into a planning obligation with the LPA to: limit how land is developed or used secure that particular operations or activities are carried out in, on, under or...
General objective of local traffic authorities—contemplating making a traffic order Traffic rules frequently create preferential treatment for chosen modes of travel, for example, though this can slow down others on the road. The typical aim is to nudge travellers towards vehicles that cut congestion and/or emissions overall. Section 122 of the Road Traffic Regulation Act 1984 ( RTRA 1984) sets out broad aims for local traffic authorities when considering a traffic order......
This new starter guide offers a primer on Local Government law, designed for trainee solicitors and anyone entering the Local Government arena. It highlights the core points that commonly arise when advising on Local Government matters and signposts further Lexis Nexis® resources and materials that deliver deeper, more comprehensive coverage of the subjects discussed. Newcomers to the sector will also benefit from the Overviews within each subtopic of the Local Government practice area, which many will find useful. These Overviews distil the law on a specific right or issue and link to pertinent material within the subtopic, guiding you through the relevant terrain and helping you navigate the area concerned. For example, see: Structure of local government—overview and Powers and duties—overview. If this basic guide does not address a point, use the Topics tab or the Topics drop down menu to explore...
All overseas and in-country partner applicants seeking an initial grant as a partner (including as a fiancé(e) or proposed civil partner) under Appendix FM must submit the specified evidence proving they either satisfy, or are exempt from, the English language requirement. The sole departures are where an applicant for leave to remain in the UK falls within the exceptions in the Immigration Rules, Appendix FM, paragraph EX.1; or, whether applying for entry clearance or leave to remain, relies on the residual ‘ Exceptional circumstances’ provisions in the Immigration Rules, Appendix FM, paragraph GEN.3.2. Paragraphs EX.1 and GEN.3.2 comprise two strands of the ten-year route to settlement. Those who received their first partner leave under Part 8 (having applied on or before 8 July 2012) and who now seek to extend their stay under Part 8 must provide evidence that they meet the...
Linking rent to inflation rather than market levels reduces reviews to a clear-cut calculation, done with a few taps on a calculator. Without market analysis or comparable evidence, index-linked reviews should be fast and uncomplicated, leaving little room for disagreement. Nevertheless, as case law demonstrates, numerous pitfalls can arise. The standard expression is: R = A/ B x C, where R is the revised main rent; A is the current figure; B is the base figure; and C is the main rent reserved immediately before the relevant review date. This Practice Note refers to this as the ‘classic formula’. Source: Indexed rent review—annual basis with optional cap and collar The index In theory, there is no single correct index to which rent must be linked. So long as the parties agree and the index is readily available, any appropriate measure can be adopted. A...
Inflation calculators These tools compute indexation figures using either RPI or CPI measures as needed where appropriate. They are helpful for assessing and determining the impact of inflation on amounts such as indexed rent reviews, service charge caps, deferred consideration, clawback and overage. RPI calculator tool: RPI inflation calculator CPI calculator tool: CPI inflation calculator Note that, in September 2019, the UK Statistics Authority ( UKSA) proposed bringing the CPI’s methods and data sources, including owner occupiers’ housing costs, into RPI......
This Practice Note monitors the development of EU judgments, new legislation, legislative proposals, codes of conduct, communications and ongoing consultations concerning media, digital and telecoms rights across the EU. For UK judgments, legislative proposals and current UK consultations relating to media and digital rights, see Practice Note: Media, digital and telecoms tracker— UK. For EU judgments, legislative proposals and live consultations on copyright and databases, see Practice Note: Copyright and databases tracker— EU. For EU media and digital initiatives connected to consumer protection, see Practice Note: EU consumer protection—tracker. For broader EU digital initiatives, see Practice Note: Key EU digital initiatives—summary. Further details are set out below. References to related trackers are provided for ease, also for ease of use. Media, digital and telecoms—new legislation Legislation appears in reverse chronological order, determined by the date it is published in the Official Journal of the EU (...
What is a technology transfer agreement? The phrase ‘technology transfer agreement’ operates as a catch-all for numerous contractual forms designed to govern the handover of ownership, or permission to use, a specific technology from one entity to another. Such agreements are essential mechanisms to enable the efficient utilisation of established technologies and to foster the creation of new ones through collaboration among academic and commercial organisations across the life sciences sector. This Practice Note examines technology transfer agreements, with particular attention to additional clauses that hold special relevance for life science industries. It therefore concentrates on supplementary provisions that are especially significant for stakeholders active in this space. A wide range of life science outputs can be protected by patents. Illustrations include biological materials, manufacturing methods, and their therapeutic applications, among other relevant examples in this domain. Given the...
This Practice Note forms part of the Share purchase transaction collection. Both the buyer and the seller will need to make preparations for the conduct of due diligence, to ensure the process runs smoothly and does not unnecessarily hinder the progress of the transaction. Buyer: due diligence preparations Type and extent of due diligence The buyer must first decide which kinds of due diligence it wishes to conduct (legal, commercial, financial, tax, or other specialist due diligence such as actuarial). This will depend on the nature of the business and the circumstances of the transaction (including the outline deal terms set out in the heads of terms). The scope of due diligence might be narrowed, for instance, by time constraints (especially in a competitive bidding process) or by the fact that the buyer is able to avert transactional risk because it will seek to put...
This Practice Note outlines the rules on disclosure in IP disputes. It centres on the disclosure regime in CPR PD 57AD (together with the former pilot under CPR PD 51U) and sets out how it operates for cases in the general Intellectual Property List within the Chancery Division of the High Court. It also addresses the disclosure provisions applicable in the Patents Court sub-list—including the modifications in CPR 63.9 and CPR PD 63, paras 6.1–6.3—and the bespoke regime in the Intellectual Property Enterprise Court ( IPEC) sub-list, explaining how these sit alongside the scheme in CPR PD 57AD. Practical guidance is included on meeting the duty to preserve documents, scoping the search exercise, and handling confidential material and privilege. Disclosure in IP proceedings—the framework Disclosure in the Business and Property Courts is generally governed by CPR PD 57AD. CPR PD 57AD took effect on 1...
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:...
This Practice Note outlines the obligations for serving an order, adhering to an order and understanding the meaning of court orders. It also addresses when a judgment or order becomes operative. Depending on the court dealing with your case, extra provisions may apply—see further below. This Practice Note should be read alongside Practice Note: Relief from sanctions—the courts’ approach. For guidance on changing, correcting or setting aside judgments and orders, refer to the following Practice Notes: Varying or revoking orders—court's general power under CPR 3.1(7) Judgments and orders—correcting accidental errors under the slip rule ( CPR 40.12) Judgments and orders—setting aside Amending judgments For assistance with preparing orders, see Practice Note: Judgments and orders—drafting and formalities— Drawing up orders. Serving court orders If a party drafts an order for filing by the court, they must provide sufficient copies for service on all...
CPR PD 51ZB This Practice Note reviews CPR PD 51ZB, covering a pilot designed to trial an online route for County Court damages actions in cases where each side is represented by a registered legal representative. Cases are administered through the Damages Claims Portal ( DCP), an online platform. The pilot operates from 28 May 2021 to 1 October 2026 ( CPR PD 51ZB, para 1.3). It forms part of the broader HM Courts and Tribunals Service ( HMCTS) reform programme; further details appear on GOV. UK— Modernising courts and tribunals: benefits of digital services. The DCP offers a complete, end‑to‑end digital pathway for handling eligible County Court damages claims. Also see the following Practice Notes: Online Civil Money Claims pilot scheme— CPR PD 51R—background on the Online Civil Money Claims ( OCMC) pilot, delivering an online route for County Court...
Stop Press: On 3 June 2025, the FCA published Policy Statement PS25/5, introducing the new Enforcement Guide ( ENFG), which replaces the previous Enforcement Guide ( EG) from 3 June 2025. This Practice Note is being updated to take account of this change. For further information, see: FCA publishes new Enforcement Guide, LNB News 03/06/2025 30. The Financial Services Enforcement Database provides detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. Search and filter options include: rule breaches keywords sector date seriousness aggravating and mitigating factors financial penalties other actions such as referrals to the Upper Tribunal decision‑maker This Practice Note outlines the practice and procedure of the Financial Conduct Authority’s Regulatory Decisions Committee ( RDC), describing the RDC’s function as the FCA’s...
This Practice Note outlines the procedure to be followed in the closing phases of a Crown Court trial and at sentencing, in accordance with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909 and the Criminal Practice Directions. For guidance on the early stages of a trial on indictment and the taking of evidence in the Crown Court, see Practice Note: Procedure during a Crown Court trial—arraignment, trial requirements and evidence. Closing speeches at the end of the evidence: prosecution and defence Once the evidence has concluded, the prosecutor may make a final address where: the defendant is legally represented the defendant has called at least one witness, other than the defendant, to give live factual evidence or the court grants permission A closing speech should aid the jury in comprehending the prosecution’s case and should not aim to...
The offence of supplying controlled drugs Section 4 of the Misuse of Drugs Act 1971 ( MDA 1971) sets out a number of offences concerning supply. Under MDA 1971, s 4(3) it is an offence to: provide a controlled drug to another person ( MDA 1971, s 4(3)(a)); offer to provide a controlled drug to another ( MDA 1971, s 4(3)(a)); be involved in the supply of a controlled drug to another ( MDA 1971, s 4(3)(b)); be involved in making an offer to supply a controlled drug ( MDA 1971, s 4(3)(c)). These offences are usually triable either way. However, where the defendant faces a third conviction for a Class A drug trafficking offence, the matter must be sent to the Crown Court, as a minimum term of seven years’ imprisonment applies; see: Sentence for supplying controlled drugs,...
Mutual legal assistance in restraint and confiscation proceedings Mutual legal assistance treaties ( MLAT) typically oblige signatory states to help with the restraint and confiscation of criminal proceeds. In the UK, the MLAT restraint/confiscation framework sits in Part 11 of the Proceeds of Crime Act 2002 ( POCA 2002), which also contains the domestic restraint/confiscation schemes in POCA 2002, Parts 2–4. Sections 444 and 445 of POCA 2002 empower UK law enforcement bodies to make secondary legislation so that requests from foreign authorities for help with identifying, recovering, investigating, freezing, confiscating and forfeiting the proceeds of crime can be acted upon, and to give effect to such requests. For an overview of the power to craft secondary legislation under these provisions, and of the secondary legislation implemented pursuant to them, see Practice Note: POCA 2002—external investigations, requests and...
Affray is an offence created by section 3 of the Public Order Act 1986 ( POA 1986). It can be prosecuted in either the magistrates’ court or the Crown Court. The magistrates’ court may decline jurisdiction, for instance where a weapon is involved, objects are thrown, or the behaviour results in serious injury. Elements of the offence of affray The prosecution must establish that: a person acts intentionally uses unlawful violence towards another, or threatens it; or recognises that their conduct could be violent or threatening towards another; and a person of reasonable firmness present would fear for their own safety Where two or more individuals use or threaten unlawful violence, their conduct is assessed collectively to determine whether the offence is made out. In Dragjoshi v Croydon Magistrates’ Court, the Appellant appealed by way of case stated, disputing whether the court could...
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
