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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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Capping the size of public sector exit payments This Practice Note reviews revoked legislation and proposals not yet commenced. It traces the development of the cap on public sector exit payments, notably the Restriction of Public Sector Exit Payments Regulations 2020, SI 2020/1122, which applied from 4 November 2020 until 19 March 2021. It also examines the government’s suggested ‘framework’ to reform how public sector exit payments are calculated more broadly, alongside distinct plans to revise exit terms for local government staff, including those eligible for membership of the Local Government Pension Scheme ( LGPS). In addition, it summarises the 2022 government consultation on public sector exit pay that links cap proposals with Treasury approval routes for special severance payments. The background to the proposals and the now-revoked cap is set out immediately below—see Capping the size of public sector exit payments. For more on the...
ARCHIVED: This Practice Note summarises how the Restriction of Public Sector Exit Payments Regulations 2020 (the 2020 Regulations), SI 2020/1122, operated, although they have since been revoked. The 2020 Regulations took effect on 4 November 2020. After just four months, on 12 February 2021, the government confirmed that the 2020 Regulations would be withdrawn, and a Treasury Direction disapplied the cap from 12 February 2021 pending formal revocation, which was delivered by the Public Sector Exit Payments ( Revocation) Regulations 2021, SI 2021/197, with effect from 19 March 2021. Because public sector exit payments were processed during the period when the statutory exit pay cap applied, the provisions of the 2020 Regulations remain pertinent. This Note is not updated and is provided for background reference only. For an account of the development of the proposals and legislation to cap public sector exit...
This Practice Note considers the practical matters that commonly arise in connection with an employment settlement agreement (previously referred to as a compromise agreement). It also highlights the likely tax considerations and signposts our related Practice Notes for fuller guidance. For details of the legal requirements (that is, the conditions governing settlement agreements) that must be satisfied for an agreement to be binding and effective to compromise statutory employment claims, see Practice Note: Settlement agreements in employment—legal requirements Parties to the agreement Where the employer is an individual, or a company with a straightforward corporate set-up, the parties to the settlement agreement will be the employer and the employee, with no necessity to mention third parties. However, the identity of the employing entity may not be simple, eg within a more complex group structure where: the employee works, or has worked, for other...
The Acas Code of Practice on disciplinary and grievance procedures ( Acas Code) Defines baseline expectations of fair conduct for handling disciplinary and grievance matters at work, and imposes duties on workers and management alike to observe its requirements. As a statutory code (see: Key principles of the Acas Code below), it influences a wide spectrum of employment disputes, and non-compliance can be weighed when liability is assessed and may affect any compensation awarded in relevant cases. The non-statutory Acas guide on discipline and grievances at work supports the Code and offers good practice guidance for managing discipline and grievances in the workplace. Where there is uncertainty about interpreting the Code, tribunals may look to the Acas guide for direction. For more detail, see Guidance to the Acas Code, below. This Practice Note sets out how the Code is applied in...
What are invasive non-native species? An invasive non-native species ( INNS) refers to any animal or plant introduced from outside that can spread and cause harm to the natural world, the economy, our health, or daily life. The GB Non Native Species Strategy 2023–30 notes that, by 2021, roughly 2,000 INNS were established in GB, with a further 10 to 12 becoming established each year. This picture is echoed internationally and, without sufficient intervention, numbers will keep rising for the foreseeable future. Climate change is expected to raise the risk posed by many INNS that previously could not take hold. In October 2019, the Environmental Audit Committee ( EAC) released its report on invasive species, finding they cost the UK economy £1.8bn per year through damage to natural biodiversity, disease spread, and other adverse environmental effects. In May 2020, the government indicated it would...
Introduction to UK REACH ‘ REACH’ is the shortened name for Regulation ( EC) 1907/2006 of the European Parliament and of the Council, which concerns the registration, evaluation, authorisation and restriction of chemicals (the REACH Regulation). Before REACH came into force, there were worries that the risks from chemicals placed on the EU market were not being adequately examined or controlled, and that public authorities alone carried this burden. REACH sought to tackle this by transferring the responsibility for understanding and appropriately managing chemical risks to those manufacturing and/or importing chemicals and goods that contain them (ie industry). In addition, REACH aims to: ensure a high level of protection of human health and the environment allow the free movement of substances on the EU market enhance the competitiveness and innovation of the EU chemicals industry, and promote the use of alternative methods for assessing hazardous...
A requestor, or more accurately a complainant, may challenge the handling of a request for environmental information where they believe a public authority has not met a requirement under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). The initial step is to take the matter up with the relevant public authority. If it remains unresolved, the further steps referred to in this Practice Note should then be followed... How and when should a requestor complain? Internal complaints procedure In the first instance, a complaint should be submitted to the relevant public authority itself, which is required to operate a process for handling internal complaints. It should be lodged within 40 working days from the date on which the complainant considers the authority failed to comply with the EIR. Upon receipt of a complaint, the public authority must, free of charge: consider the...
Industrial diseases The Control of Substances Hazardous to Health Regulations 2002 ( COSHH), SI 2002/2677, is among the most significant health and safety regulations for any organisation that uses, produces or generates chemicals, or other substances capable of harming employees, contractors and the wider public. Every year, hazardous substances make thousands of workers ill, leading to lung disease, cancer and skin conditions. Examples include: Dust in air — lung diseases Metalworking fluids — dermatitis and asthma Wet cement — chemical burns or dermatitis Benzene in crude oil — leukaemia For guidance on occupational health claims please see Practice Notes: Dermatitis and sensitisation conditions and Asthma. Substances hazardous to health COSHH defines a ‘substance hazardous to health’ as including: Substances that meet the criteria for classification as hazardous within any health hazard class set out in the CLP Regulation, whether or not the...
Introduction and background The State of Nature and Climate 2025 briefing from the World Economic Forum set out key conclusions: the Planetary Health Check supplies robust scientific proof that human activity is destabilising the Earth system, thereby jeopardising global economic development. Overall, planetary boundaries lie in a zone of escalating risk, with six of the nine already crossed and trends signalling further deterioration. Climate change Novel entities Biogeochemical flows Freshwater change Land system change Biodiversity Ocean acidification is worsening and is rapidly nearing its planetary threshold. These insights mirror the World Wildlife Fund’s Living Planet Report 2022, which found average global wildlife populations have fallen by 69% since 1970, while freshwater species have suffered the greatest losses overall, with an 83% global decline. In summary, the need to protect species is immediate......
Chemicals Question Answer As a commercial customer, when preparing a supply agreement for buying chemical substances, which particular chemical sector laws could govern the transaction that the supplier must meet? Does the business customer face any duties? UK REACH UK REACH applies to the manufacture, placing on the GB market, or use of chemical substances whether on their own, in mixtures, or within articles. Where a substance is produced or imported into GB in amounts of one tonne or more each year, the substance must be registered on a database operated by the Health and Safety Executive ( HSE), unless an exemption applies. If registration is not completed, the substance cannot be placed on the GB market. For more detail, see Practice Note: UK REACH—registration. UK REACH also allows the HSE to evaluate registered substances. Substances that match certain hazard criteria may need...
The physical infrastructure of the GB electricity market Broadly, the physical set-up of the Great Britain ( GB) electricity market can be grouped as follows: generators — these installations produce electricity. They connect to what is commonly called the ‘grid’, allowing them to ‘export’ power for conveyance to consumers’ premises. Electricity storage solutions are, for licensing purposes, treated as generators, as reflected in section 213 of the Energy Act 2023. For more on generators generally, see Practice Notes: Great Britain electricity generation, distribution and supply licensing and exemptions regime and The Great Britain electricity market—an introduction. For more on electricity storage, see: Energy storage—overview, and Practice Notes: The planning regime for energy storage in England and Wales, Energy storage—the evolving regulatory regime and renewable subsidy position. For information on the regulatory challenges and opportunities for energy storage projects, see also textbook: Energy...
What is the ? The CHPQA is a programme operated on behalf of the Department for Energy Security and Net Zero ( DESNZ), in collaboration with the Scottish Executive, the Welsh Parliament, and the Northern Ireland Department of Enterprise, Trade and Investment. DESNZ was formed on 7 February 2023 and has assumed the energy portfolio and duties of the former Department for Business, Energy and Industrial Strategy ( BEIS), which no longer exists, including its roles in respect of the CHPQA. The scheme’s objective is to systematically assess, track and raise the overall quality of combined heat and power ( CHP) in the UK. CHP is a key component of the UK’s low‑carbon aims, as it captures waste energy from electricity generation to supply heat directly to domestic and non‑domestic premises across the UK (typically as hot water and steam moved through a network of...
This Practice Note This Practice Note offers practical guidance for preparing a jurisdiction clause in a commercial, business-to-business ( B2B) contract. It explains what a jurisdiction clause is, why it is required and how it differs from governing law clauses. It outlines key drafting issues, including scope; whether to choose exclusive, non-exclusive or asymmetric jurisdiction; carve-outs to allow alternative dispute resolution; the effect of using the word ‘irrevocably’; waivers of forum non conveniens; the 2005 Hague Convention on Choice of Court Agreements; the 2019 Hague Judgments Convention; and the approach to clauses submitting to the courts of England and Wales where proceedings are brought outside England and Wales. This Practice Note does not address the position for jurisdiction clauses in business-to-consumer ( B2C) contracts. For more detail, see Practice Note: Governing law and jurisdiction in contracts with UK consumers. This Practice Note is...
This Practice Note considers contracting authority under the law of England and Wales Recognised as a key element of forming a contract, this note examines agency principles and authority to contract across a range of entities, including: corporations in general, companies incorporated under the Companies Act 2006 ( CA 2006), unregistered and overseas companies, limited liability partnerships, general partnerships and limited partnerships, unincorporated associations, incorporated charities (charitable companies and Charitable Incorporated Organisations), and unincorporated charities (charitable unincorporated associations and charitable trusts). Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the...
This Practice Note compiles a selection of judgments where the courts have examined proportionality since 2012. For the latest guidance on the courts’ stance on proportionality, see Practice Note: Costs and proportionality. Cases from 2020 The Imaging Centre Mobile Ltd v Morr & Co LLP [2025] EWHC 1039 ( SCCO) — Issues: reasonableness and proportionality of items charged. Comment: The judge treated West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 as the key authority on assessing reasonableness and proportionality. Given the summary nature of the assessment, the court found it highly challenging to evaluate proportionality item by item. The judge therefore allowed those costs considered reasonable, then stood back to determine whether the overall sum maintained a proper relationship to the factors in CPR 44.3(5). Cohen v Co-...
This Practice Note explains the provisions governing service of a defence in litigation. They appear in Part 6, Section III, commencing at CPR 6.20. Specific defence provisions are contained in CPR 15. This Practice Note provides guidance on: methods of service ( CPR 6.20) who must effect service ( CPR 6.21) personal service ( CPR 6.22) address for service once proceedings have begun ( CPR 6.23) changes to the address for service ( CPR 6.24) serving children and protected parties ( CPR 6.25) deemed service ( CPR 6.26) alternative method or place of service (alternative service) ( CPR 6.27) the court’s power to dispense with service ( CPR 6.28) the need for a certificate of service ( CPR 6.29) The framework covers who must serve, when personal service is necessary, and how to serve...
This Practice Note considers the position on arrestment in Scotland. For direction on related topics, consult the following: for alternative types of diligence in Scottish civil procedure, consult the relevant Practice Note: Enforcement in Scottish civil litigation, which in turn connects to comprehensive, in-depth practical guidance on numerous diligence mechanisms available in Scotland for the counterpart in England and Wales, see Introduction to enforcement—overview, which, besides outlining the subject, links to fuller, practical guidance on a wide range of elements of domestic enforcement in England and Wales for cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which, in addition to surveying the area, links to further, detailed practical guidance on multiple key aspects of cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, and this resulted in the Bankruptcy and Diligence ( Scotland) Act 2024, which...
This Practice Note Use this Practice Note when identifying the governing law for contracts concluded between 17 December 2009 and 31 December 2020. Where agreements were made outside those dates, the UK courts apply a different governing law framework; for guidance, see: Applicable law regimes for insurance contractual disputes below. The Note examines the insurance contract rules in Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations ( Rome I). It sets out definitions and explains the distinct regimes for large risks and non‑large risks, covering party choice of law, absence of choice, escape routes, and EU Member State derogations. It also outlines obligations concerning insurance cover and how to ascertain the location of the risk. Provisions relevant to reinsurance arrangements are touched on briefly. Finally, it considers whether...
This Practice Note This Practice Note reviews contribution claims under the Civil Liability ( Contribution) Act 1978 ( CL( C) A 1978), including, among other matters: the circumstances and procedure for its application who is entitled to pursue a claim under the CL( C) A 1978 the need for the ‘same damage’ to be established the exclusion of costs-only claims from the scope of the CL( C) A 1978 regime jurisdictional matters under the CL( C) A 1978 the court’s approach to apportioning damages in contribution proceedings the consequences where the primary claim is compromised or decided by judgment of the court the effect of liability exclusions and limitation clauses on a ‘contribution defendant’ how contribution claims interact with indemnity claims and rights limitation for contribution claims the method of...
Practice Note: Part 36 offers—when are Part 36 costs 'unjust'? This practice note examines when a court may depart from the default Part 36 costs consequences on the footing that such an order would be ‘unjust’, with reference to the factors listed in CPR 36.17(5). Although the focus is on Part 36 as revised from 6 April 2015, earlier authorities on the costs consequences of Part 36—and on when it is unjust to impose them—remain pertinent. Illustrative decisions showing how the court has exercised its discretion on Part 36 costs, especially as to when those consequences are ‘unjust’, are identified below, covering both pre‑ and post‑6 April 2015 decisions. Case details and analysis Key issues considered Biddick v Biddick [2025] EWHC 2743 ( Ch) (27 October 2025): the defendants applied under CPR 36.14(8) to compel enforcement of a Part 36 offer, contending that although the claimant had...
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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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