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
ARCHIVED : This archived Practice Note sets out destination and derivation tables for the amendments to CPR 24 and CPR PD 24 that took effect on 1 October 2023. It is not maintained and is provided for background information only. From 1 October 2023, the CPR provisions on summary judgment were revised: CPR 24 was replaced and CPR PD 24 was withdrawn. The former Practice Direction mostly replicated Part 24 and other rules, save for certain elements that were folded into CPR 24. These changes were designed to make the rules clearer, rather than to change the substantive law or practice in a material way. The numbering and placement of some provisions was altered. Accordingly, authorities predating the 1 October 2023 amendments may refer to the previous......
This Practice Note examines the legal framework governing a student’s relationship with their higher education provider in the context of discipline. It reviews the contractual position, its interface with public law, statutory obligations and criminal law. It also outlines categories of misconduct that may prompt disciplinary proceedings, and the factors to assess before any action is initiated. What power does a higher education institution have to discipline a student? Although a student’s dealings with their university are regulated by several areas of law, including: public law, including discrimination law (as set out in the Equality Act 2010 ( Eq A 2010)) statutory duties relating to freedom of speech on campus, human rights law data protection laws tort law, in respect of negligence claims, and property law concerning student accommodation the institution’s relationship with the student is predominantly contractual ( Clark v University of Lincolnshire and Humberside). An...
Form of commercial contracts This Practice Note sets out the structure and format of a business‑to‑business commercial contract or agreement. It summarises the usual layout of commercial agreements and identifies the details to include in the contract document, covering the parties, background (recitals), the main body, schedules, and the attestation provisions. How a contract is formed A contract is a legally enforceable arrangement that gives rights and imposes duties between two or more parties. For a contract to exist, contract law requires four core elements: offer (see Practice Note: Forming enforceable contracts—offer) acceptance (see Practice Note: Forming enforceable contracts—acceptance) consideration (see Practice Note: Forming enforceable contracts—consideration) an intention to create legal relations (see Practice Note: Forming enforceable contracts—intention to create legal relations) Simple contracts v deeds Simple contracts may arise orally, by conduct, or in writing. Certain categories of simple contract, however, must be in...
This Practice Note sets out the court’s authority to strike out a statement of case. It outlines the bases on which a strike out can be ordered and the steps on an application. It considers the court’s discretion, directions that may follow a strike out order and civil restraint orders. It also addresses challenges to strike out orders and the court’s ability to act of its own initiative, alongside the Supreme Court ruling in Wyatt v Vince... Strike out Exercising its case management powers, the court may strike out all or part of a statement of case. A strike out is an order requiring written material to be removed so it cannot be relied upon. For these purposes, a statement of case means the whole or part of an application form or an answer......
Strict liability It applies to offences where the prosecution is not obliged to prove mens rea for one or more components of the crime. What the defendant knew, believed, or intended is typically of no significance. Liability may therefore be fixed by the performance of the act, whatever the state of mind. This stands in tension with the presumption that criminal liability requires proof of both actus reus and mens rea. Wright J in Sherras v De Rutzen remarked that there is a presumption that mens rea—an evil intention, or awareness of the act’s wrongfulness—is an essential element of every offence; yet that presumption can be displaced by the statute’s wording or by the subject-matter it addresses, and both must be assessed. It is generally aimed at regulating behaviour that is especially damaging to the public. Here, risks to society rise markedly. The need to...
Familiarity with stop and search powers This knowledge matters because, when a search culminates in an arrest, the lawfulness of the preceding stop and search may bear upon whether evidence is admitted and, in some instances, upon the defence advanced. Statutory stop and search powers arise under the Police and Criminal Evidence Act 1984 ( PACE 1984) and other principal legislation (see below). As these statutory powers amount to a, albeit short-lived, interference with an individual’s freedom, any curtailment of the liberty of the person halted or searched should be brief. PACE Code A regulates all police powers to stop and search before arrest, save for searches carried out under PACE 1984, s 6(1), the Aviation Security Act 1982, s 27(2), or those governed by the Codes of Practice issued under the Terrorism Act 2000. The police stop and search powers that fall within PACE Code A are...
What is section 247 and when may it be used? Section 247(1) of the Town and Country Planning Act 1990 ( TCPA 1990) gives the Secretary of State a discretionary power to authorise the stopping up or diversion of any highway outside Greater London, where he is satisfied that this is required to enable development to take place, either: in accordance with planning permission granted under TCPA 1990, Pt III, or by a government department Thus, an order will only be made where halting up or diverting the highway is necessary to allow the authorised development to proceed. There must be a direct clash between the planning permission and an existing right of way which typically, though not solely, occurs where the permitted scheme would obstruct the highway. Within Greater London, the same powers are held by the council of the relevant London borough under TCPA 1990, s...
Section 86 of the Employment Rights Act 1996 ( ERA 1996) sets a statutory minimum notice period for ending a contract of employment, except where a party is entitled to terminate summarily because of the other party’s conduct. Because this right attaches only to contracts of employment, it applies exclusively to employees (see Practice Note: Employee status) and to apprentices (see Practice Note: Apprenticeships). A contract may prescribe a longer notice period; however, if it provides for a shorter period than the statutory baseline, the contract is treated as conferring the statutory entitlement instead. Who qualifies for statutory minimum notice Qualifying service required The right to statutory minimum notice arises after one month’s continuous service, and this applies whether notice is given by the employer or by the employee......
The Contempt of Court Act 1981 The Contempt of Court Act 1981 ( CCA 1981) sets out the offence of strict liability contempt, also termed indirect contempt, arising from conduct by newspapers or other persons — including private individuals posting on social media — who publish material liable to interfere with forthcoming legal proceedings. This was formerly referred to as the sub judice rule. The following elements are required for liability to arise: a publication (meaning any communication, in whatever form, addressed to the public at large or to any section of it) which creates a substantial risk that the course of justice in the proceedings in question will be seriously impeded or prejudiced; and the proceedings are active The CCA 1981 does not change the common law; it supports it......
This Practice Note sets out which grounds of opposition in section 30(1) of the Landlord and Tenant Act 1954 trigger statutory compensation under one of the three cases in section 37. It also covers how to identify the compensatable ‘holding’, whether compensation is single or double, and who is liable to pay it and who should receive it. Statutory compensation—which grounds are compensatable? Under LTA 1954, section 37, a tenant may claim statutory financial compensation for disturbance to their security of tenure where: the landlord relies on one or more ‘no fault/compensation grounds’; one of the three compensation cases in section 37(1A)–(1C) applies. Of the seven opposition grounds in section 30(1), three qualify as ‘compensation grounds’. The following indicates whether each listed ground is compensatable: Ground (a) — disrepair — No Ground (b) — persistent delay in paying rent — No Ground (c) —...
Where a UK court or tribunal is confronted with an issue engaging a Convention right, it must take into account any judgment or decision of the European Court of Human Rights. In reality, the prevailing judicial approach has been to regard final decisions of the Strasbourg Court as effectively binding unless there is a sound reason to depart. This Practice Note accordingly summarises the core principles governing the standing of Strasbourg jurisprudence in the UK courts. Background to HRA 1998, s 2 The UK was the first state to ratify the European Convention on Human Rights in March 1951. Until the Human Rights Act 1998, however, the Convention was not part of domestic law, so UK courts lacked authority to give effect to Convention rights (see: R v Secretary of State for the Home Department ex parte Brind). Even so, courts paid regard to...
This Practice Note examines how to pursue a breach of warranty claim where warranties are given in a share sale and purchase agreement ( SPA), also referred to as a share sale agreement. For these purposes, we speak throughout about claims under an SPA, although the same broad considerations can be applied to a warranty claim arising from an asset purchase agreement ( APA). It draws out some of the most typical features of such claims, but it is not a replacement for carefully reviewing the contractual documents relevant to your dispute. For an outline of the steps to take, see: Starting a breach of warranty claim—checklist. Diligent analysis of the contract remains essential before progressing any claim further. What is a breach of warranty claim? A warranty is a contractual statement or assurance made by a seller to a buyer that a...
Produced with input from Rebecca Cousin of Slaughter and May on market practice The Companies Act 2006 ( CA 2006) includes provisions that allow or require an offeror, following a takeover offer, to acquire offeree shares where acceptances have not been received or given. These are termed: squeeze-outs: the offeror’s right to compulsorily buy the shares of shareholders who have not assented sell-outs: the right of non-assenting shareholders to insist the offeror purchases their shares In each case, the purchase is on the same terms as the offer. These statutory mechanisms apply to both public and private UK companies whenever there is a “takeover offer” as defined by CA 2006 (see Requirement for a takeover offer below). There is no requirement for the offer to be regulated by the City Code on Takeovers and Mergers (the Code). Accordingly, these provisions have no...
This Practice Note reviews the position on final orders of specific implement and interim orders of specific implement in Scotland. For guidance on: other forms of relief in Scottish civil litigation, see Practice Notes: Retention and rescission in Scottish civil litigation and Interdict and interim interdict in Scottish civil litigation the nearest equivalent in England and Wales, see Practice Note: Equitable remedies in contractual disputes Key CR( S) A 2014— Courts Reform ( Scotland) Act 2014 LR( MP)( S) A 1940— Law Reform ( Miscellaneous Provisions) ( Scotland) Act 1940 Specific implement—nature and scope Specific implement is a remedy by which the court orders a party to perform a non‑monetary obligation ( White and Carter ( Councils) v Mc Gregor and AMA ( New Town) Ltd v Law). It is the proper remedy when performance of a positive act other than paying money is required, for example delivery of goods or the...
Sources of immigration law in the UK For the UK, immigration law draws on multiple sources. Beyond many Acts of Parliament and the frequently revised Immigration Rules, there is an extensive range of statutory instruments, procedural frameworks and regulations, together with directions, instructions and guidance issued by the Home Office, plus a substantial body of judicial decisions and precedent. Alongside pertinent international law and those parts of European Union law still applicable to individuals protected under the EU Withdrawal Agreement, these materials collectively form the immigration law landscape in practice. This Practice Note examines the principal categories of sources and explains their legal standing. Be aware that immigration and nationality are reserved (or excepted) matters for the devolved settlements of Scotland and Northern Ireland. As a rule, immigration and nationality law extend across the whole United Kingdom, covering immigration Tribunal practice and...
This Practice Note considers when a solicitor–own client assessment can be sought. The principal mechanism is the statutory scheme in Part III of the Solicitors Act 1974 ( SA 1974). Under SA 1974, the ‘party chargeable’ and certain third parties have rights to ask for an assessment. This Note outlines the applicable tests and the various deadlines that may ultimately curb the opportunity to seek one. It also identifies the relevant context. For ease, the Solicitors Act 1974 is abbreviated to SA 1974 throughout. This usage is maintained for consistency within this Note. Where a solicitor issues a claim to recover their statute bill, the defendant may alternatively be able to invoke a ‘common law’ entitlement to an assessment. This Note sets out the main distinctions between that common law entitlement and the statutory rights available under SA 1974. CPR provisions governing the...
The following alternative requirements apply to numerous applications under the Immigration Rules that involve children: sole responsibility, and serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child’s care These provisions are ordinarily engaged only where, after a grant of leave, the child will live in the UK with a single parent (unless the other parent has died). In the context of serious and compelling considerations, they also cover situations where a child is coming to join one parent or, under the Immigration Rules, Part 8, para 297, a relative who is not a parent. In short, these criteria are primarily aimed at cases where a child will not be living with both parents in the UK, and where clear, adequate care arrangements exist alongside reasons showing that...
This Practice Note explores key risks arising from a brand’s use of social media and user-generated content ( UGC). It focuses in particular on the risk of infringing third-party rights, including intellectual property ( IP). It also offers practical guidance to help those engaging with UGC reduce these risks. Social media Social media is a hugely popular way to communicate online. Driven by participation and interaction, it appears in many formats, including: online social and professional networking (eg Facebook, Linked In, Snapchat, Instagram) online blogs (eg Twitter (now X), Blogger.com) online forums (eg Mumsnet, Reddit) online shops and auctions (eg e Bay, Amazon) online digital media sharing (eg You Tube, Vimeo, Flickr, Tik Tok) online reference texts (eg Wikipedia) online games and applications (eg World of...
ARCHIVED: This archived Practice Note related to a pilot scheme that ran from 1 June 2022 until 31 October 2025 in certain County Court hearing centres, allowing the judge to direct that a small claim be determined without a hearing without requiring the agreement of all parties. The pilot was not extended beyond 31 October 2025. The version of CPR PD 51ZC available as at 31 October 2025 is here: What is the pilot scheme? This Practice Note concerns a pilot testing a procedure enabling specified County Court hearing centres to direct that a small claim will be determined without a hearing, dispensing with the agreement of all parties that CPR 27.10 would otherwise require. The scheme operates under CPR PD 51ZC and runs from 1 June 2022 until 31 October 2025. Its progress has been considered at several Civil Procedure Rule Committee ( CPRC)...
Note— To determine whether merger filing thresholds in Singapore and globally are met, please refer to: Where to Notify. 1. Have there been any recent developments regarding the regime and are there any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Singapore? The merger framework under the Competition Act 2004 commenced in 2007. Since launch, the Competition and Consumer Commission of Singapore (which, from 25 September 2025, has been rebranded as the CCS) has received over 110 merger notifications. Of these, the CCS has taken (or publicly indicated it might take) 22 cases to a Phase 2 review for complex mergers—around one in five reviews move to Phase 2; six were cleared conditionally with commitments, and eight were withdrawn by the merging parties as at May 2024. The CCS’s merger notification system operates on a...
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
