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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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Right to enter land for survey purposes under CPA 1965 once compulsory purchase order is confirmed The Compulsory Purchase Act 1965 ( CPA 1965) authorises acquiring authorities to access land to undertake surveys, but only once a compulsory purchase order ( CPO) has been confirmed. Under CPA 1965, s 11(3), an acquiring authority may enter land (or any part of it) subject to compulsory purchase in order to: survey, value and take levels of the land probe or drill to discover the nature of the soil set out the line of the works, provided at least three and no more than 14 days’ notice is given to the owners or occupiers Owners or occupiers must be compensated for any damage caused by entry, and any dispute about compensation can be referred to the Upper Tribunal ( Lands Chamber). Right to enter, survey and value land under HPA 2016 before CPO is...
The Planning case tracker compiles key 2025 legal judgments pertinent to planning lawyers, with all entries arranged in reverse chronological order. See also: Planning case tracker—2022, Planning case tracker—2023 and Planning case tracker—2024. December 2025 Judgment date Case Summary 8 December 2025 R (on the application of Luton and District Association for the Control of Aircraft Noise) v Secretary of State for Transport [2025] EWHC 3206 ( Admin) — Securing, varying and delivering planning permission: The High Court concluded that Finch does not oblige decision-makers to quantify every downstream climate impact. The touchstone is whether an impact is probable and capable of meaningful appraisal using the evidence and benchmarks available. For aviation schemes, it is lawful to appraise outbound emissions against national carbon budgets and to consider inbound emissions separately where no recognised benchmark exists to place them in context. See News...
Context The Planning Act 2008 ( PA 2008) establishes a consent framework for nationally significant infrastructure projects ( NSIPs) spanning energy, transport, water, waste water, and waste. Development consent order ( DCO) applications are determined by reference to National Policy Statements ( NPSs), which express national policy for NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements. Environmental impact assessment ( EIA) is the process for examining a project’s likely significant environmental effects and factoring them into the decision on whether consent should be issued. It ensures environmental considerations receive appropriate weight alongside economic and social matters, and it facilitates public participation in environmental decision-making. In the DCO context, EIA is required in defined situations under the Infrastructure Planning ( Environmental Impact Assessment) Regulations 2017, SI 2017/572 (the EIA...
There are four ways in which a local planning authority ( LPA) may take enforcement action against unauthorised works, or potential/impending future unauthorised works, to a listed building: by issuing a listed building enforcement notice; and/or by issuing a temporary stop notice by bringing a prosecution; and/or by seeking an injunction Unauthorised works to a listed building are a criminal offence, irrespective of whether the LPA proceeds with enforcement action. For further guidance on listed buildings in general, see Practice Note: Listed building regime and listed building consent in England. The National Planning Policy Framework makes clear that heritage assets are an irreplaceable resource and must be conserved in ways proportionate to their significance, ensuring their contribution to the quality of life is available to present and future generations. The enforcement regime remains a vital element of that...
This Practice Note This Practice Note outlines the routes available to landlords and tenants to bring a private sector assured tenancy ( AT) in England to an end once the relevant provisions of the Renters’ Rights Act 2025 ( RRA 2025) are in force. It concentrates on landlord actions under section 8 of the Housing Act 1988 ( HA 1988), in light of the repeal of section 21 for private landlords from 1 May 2026, the rules on serving a notice seeking possession, the possession claim process and, where necessary, enforcing any possession order. For a summary of RRA 2025, see Practice Note: Renters’ Rights Act 2025—key provisions. For advice on bringing assured and assured shorthold tenancies to an end before 1 May 2026 (or after that date in the social sector), see Practice Note: Terminating assured and assured shorthold...
This Practice Note This Practice Note compiles all legislation connected to the Building Safety Act 2022 ( BSA 2022) and outlines its significance from a Property Disputes perspective, indicates if it applies in England, Wales, or both, and provides links directing to the pertinent guidance......
The Building Safety Act 2022 ( BSA 2022) case tracker This case tracker sets out notable landlord-and-tenant BSA 2022 decisions delivered by the First-tier Tribunal ( Property Chamber) ( FTT), the Upper Tribunal ( Lands Chamber) ( UT), and the courts, which we regard as pertinent to property disputes lawyers. Entries are arranged in reverse chronological order. The tracker uses the following definitions: Relevant defect: anything done or omitted, or used or not used, in connection with ‘relevant works’ that gives rise to a building safety risk (namely the spread of fire or the collapse of part or all of the building) RO: in England, the FTT may make a remediation order ( RO) on the application of an ‘interested person’ (for the purposes of ROs this includes the Secretary of State (in England)), the Building Safety Regulator, the local...
This Practice Note summarises provisions in the Renters’ Rights Act 2025 ( RRA 2025) that place duties on landlords, contractors and other relevant persons in relation to assured tenancies ( ATs). It also addresses financial penalties and offences for breaches of those duties, penalties for unlawful eviction or harassment of occupiers, and guidance on procedure, appeals and enforcement. For further guidance, see Practice Note: Renters' Rights Act 2025—key provisions. Duties of landlords and others ( Part 1, sections 12–14) RRA 2025, s 12 amends the Housing Act 1988 ( HA 1988) by inserting new requirements binding landlords and those acting on their behalf. These obligations commence for private sector landlords on 1 May 2026. Duty of landlord and contractor to give statement of terms (section 12) New HA 1988, s 16D creates a duty on landlords and their contractors (see below) to provide the tenant, before the...
A ‘lease by reference’ is a word-saving device Before word processors, leases were drafted by hand or produced on typewriters. That process was slow and demanded significant effort from all involved. A lease by reference brings across the provisions contained in an earlier (or historic) lease, removing the need to set them out again in the new lease instrument. This method is widely regarded as a practical way to cut time and cost on a commercial lease deal, by allowing parties to readily adopt previously agreed terms. As a result, it is typically used to record renewal, reversionary or supplemental leasing transactions in such contexts. Still, a negotiated lease reflects a moment in time and a particular commercial arrangement. Other than in the most straightforward situations, carefully preparing and negotiating a lease by reference can be complex, with traps for the unwary. This...
A lease of agricultural land will often feature a provision enabling the landlord to take back part of the holding in specified situations. For 1991 Act Tenancies, resumption is mainly controlled by the lease terms, aside from rules on the tenant’s entitlement to compensation. A landlord may only recover land from an agricultural holding under a 1991 Act Tenancy where the lease expressly grants that authority. In Pigott v Robson (1958 SLT 49 (not reported by Lexis Nexis®)) it was found that the lease terms were not sufficiently wide to permit the landlord to resume in order to farm the ground personally. There are no statutory resumption rights for 1991 Act Tenancies under the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991). For 2003 Act Tenancies, the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003) permits the...
An option agreement is a contract of sale and must satisfy section 2 of the Law of Property ( Miscellaneous Provisions) Act 1989. Accordingly, it must: be in writing set out or incorporate every term expressly agreed by the parties be executed by, or on behalf of, the parties By contrast, a trigger notice merely activates the option and is not itself a sale contract. As a result, the trigger notice need not bear both parties’ signatures. Exercising the option Call option agreements are interpreted strictly, and the option may lapse if the holder does not exercise it in the correct manner. Time limits Typically, the option will stipulate that the grantee must exercise it within a defined period (see Practice Note: Option agreements—land—the need for a long-stop date). If it is not exercised within that window, it will lapse because time is of the...
The regime introduced in 2014 From 6 April 2014, companies have been required to: register employee share schemes with HMRC online by the relevant deadlines self-certify tax-advantaged employee share schemes during online registration, reflecting the end of HMRC’s approval regime from 6 April 2014 submit annual HMRC employee share scheme returns online by 6 July each year Completion of online registration is necessary before filing annual returns and, for tax‑advantaged plans, to maintain the tax benefits. Electronic submissions replaced the previous paper-based returns. Further information For details of the legislative provisions on filing and registration for each employee share plan, see Practice Notes: EMI— HMRC annual return CSOP—self certification, registration and filing requirements Self-certification, registration and filing requirements for SIPs and SAYE schemes HMRC annual return filing requirements for SIPs and SAYE schemes ...
This Practice Note highlights key considerations for in-house counsel dealing with vanilla bond issuances in the international capital markets. It is aimed at banking and finance lawyers based in banks or other financial institutions. General Initial points to consider: Are you the sole lawyer advising on this transaction, or are external law firms involved? Syndicated bond offerings will, in most cases, involve an external law firm. Check any internal policies on when external counsel must be instructed, who can be appointed, and how costs are managed or shared. See: Selecting external law firms—a guide for in-house banking and finance lawyers; and checklist: Agreeing engagement terms with external law firms—a checklist for in-house banking and finance lawyers for further information on appointing an external law firm What are the roles an external law firm will take? Commonly, the issuer and the mandated banks will each...
Perfecting security Where a transaction includes security, it is critical that all perfection requirements are addressed after completion. The lender’s lawyers will generally handle this, as failure to perfect properly can leave the security unenforceable against certain third parties or leave its priority unprotected. For more information, see Why is it necessary to perfect security? The route to perfection depends on the form of security and the asset charged. In most cases, security granted by a company or LLP must be registered at Companies House to preserve its validity. Further actions may also be required to safeguard or improve priority, or to ensure the security is legal or statutory rather than merely equitable. For more information, see: How is security perfected? Post-completion in loan transactions—checklist for the lender's lawyers — Perfecting security This Practice Note is a short introduction and covers: ...
What does this Practice Note cover? This Practice Note sets out the ways in which a derivatives deal may be executed and gives a high‑level overview of smart derivatives contracts. How a derivative is put in place depends on whether it is exchange‑traded or over‑the‑counter ( OTC). For exchange‑traded products, execution commonly occurs via an intermediary, such as a broker, and is governed by standard documentation together with the exchange or its clearing house’s clearing and settlement arrangements. The Note primarily focuses on the execution of OTC derivative contracts, which generally lack this infrastructure, leaving the practical steps of execution to be organised by the two contracting parties. For a fuller discussion of how OTC and exchange‑traded derivatives differ, see Practice Notes: OTC and exchange traded derivatives—key features and concepts and OTC and exchange traded...
What does this Practice Note cover? This Practice Note explains what a sustainability-linked bond ( SLB) is, outlines the Sustainability-linked Bond Principles ( SLBPs) issued by the International Capital Market Association ( ICMA), and how they operate. It also explores the outlook for SLBs. For the latest updates and major developments in sustainable finance (including SLBs), see Practice Notes: Sustainable finance—recent news and Sustainable finance and ESG—timeline. For an introductory overview of sustainable finance, see Practice Note: Introductory guide to sustainable finance and ESG for finance lawyers. What are sustainability-linked bonds? SLBs are bonds where the proceeds are not earmarked for green or sustainable projects (unlike ‘use of proceeds’ green or sustainability bonds) and are intended for general corporate purposes. Instead, SLBs are tied to performance against specified key performance indicators (the KPIs) aimed at meeting pre-defined sustainability performance targets ( SPTs). Depending on whether those...
What does this Practice Note cover? This Practice Note sets out a high-level guide to foreign exchange ( FX) derivatives and how they support currency hedging. It reviews the principal FX instruments and their applications, and explains the difference between deliverable and non-deliverable structures. FX forwards, FX swaps, and FX options It also summarises the documentation frameworks commonly used in FX derivatives markets, including: International Foreign Exchange Master Agreement ( IFEMA) International Foreign Exchange and Currency Option ( IFXCO) International Currency Options Market ( ICOM) Cross Product Master Agreement ( CPMA) Additionally, it considers the regulatory environment, the FX Global Code, and the emerging technologies shaping the FX derivatives landscape. What is a FX derivative? An FX derivative is a contract whose payoff is linked to the exchange rates between two or more currencies. The FX market runs into the trillions of dollars and includes a significant volume of FX...
The Russia ( Sanctions) ( EU Exit) Regulations 2019 ( SI 2019/855), made under the Sanctions and Anti- Money Laundering Act 2018, establish the UK’s Russia sanctions regime. Its aim is to encourage Russia to: halt activities that destabilise Ukraine, including conduct that undermines or threatens Ukraine’s territorial integrity, sovereignty and independence promote payment of compensation by Russia for damage, loss or injury suffered by Ukraine For information on the UK sanctions regime against Belarus, see Practice Note: Sanctions regime— Belarus. Key information The Russia ( Sanctions) ( EU Exit) Regulations 2019 ensure Russia-related sanctions are effectively implemented in the UK. In force from 31 December 2020, they replaced the previous EU sanctions regime responding to Russia’s actions in Ukraine. The measures include: Financial sanctions Immigration sanctions Trade sanctions Transport sanctions Director disqualification sanctions For further information, see section: What’s prohibited? The territorial extent of the Regulations covers the whole of the UK,...
Practice Note overview This Practice Note outlines the adtech landscape and the programmatic trading of online display advertising. It explores the tools and transactional workflows behind programmatic advertising, contrasts the various programmatic deal types, reviews pricing approaches, profiles the principal actors in the adtech ecosystem and programmatic activity more broadly, and explains the real-time bidding ( RTB) auction... See also Practice Notes: Adtech and programmatic advertising—data use Adtech and programmatic advertising—legal issues Adtech and programmatic advertising—tracker Adtech and programmatic advertising—glossary Quick view The table below summarises the subjects covered in this Practice Note, with links to the relevant sections where further detail is provided... Section Overview What is adtech? Adtech (advertising technology) describes the technologies, software and services that advertisers and publishers use to design, run, administer and optimise digital advertising campaigns, as well as the mechanisms for buying, selling, serving and targeting digital...
Sport has unquestionably evolved into a significant industry in its own right. Yet, under English law, there is no freestanding proprietary right in a sport or sporting event: a sports organisation lacks an automatic, absolute claim to all commercial income simply by virtue of organising the event. The same position applies to the specific rights typically associated with the commercialisation of sport; for example, there are no discrete sporting media rights, sponsorship rights or image rights. This Practice Note outlines the legal and contractual rights on which a sports organisation can depend, and the practical measures it can adopt to cultivate valuable proprietary rights in the sporting properties it owns or stages, and to commercialise those rights effectively... Operation and control of venues For many sports organisations, the venue where an event is held not only functions as the team’s ‘home’ and a focal point for...
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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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