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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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This Tracker outlines developments and changes to the service provisions in CPR 6 and Practice Directions 6A and 6B since 2019 Judicial consultation on the time for responding to a Part 8 claim out of the jurisdiction The period for answering a claim form is generally measured from the date the particulars of claim are served. For Part 8 claims, where particulars are typically not required, identifying the correct response date is therefore problematic. In its minutes of February 2026, the CPR Committee ( CPRC) recorded a rise in Part 8 claims, notably for cross-border disclosure, including service of Norwich Pharmacal orders. The absence of Part 8 coverage in CPR 6.35 and CPR PD 6B was described as a genuine lacuna that should be addressed. The preferred solution is to amend the rules to set a specific response period for Part 8...
This new starter guide is one of two Personal Injury—new starter guides. Offering one of a pair of Personal Injury ( PI) new starter resources, this guide sets out the PI procedure from the point of deciding whether to commence court proceedings through to settlement or trial. It is intended for trainee solicitors and practitioners who are new to PI as a discipline. The content concentrates on the central issues that commonly arise in PI and signposts other Lexis Nexis® sources and materials that deliver more detailed coverage of the themes discussed. Practice Note: Personal injury new starter guide—pre-action supplies a general introduction to PI practice, including the PI solicitor’s role, early considerations, and the pre-action stage. Those beginning in PI will also find value in the Overviews within each PI practice area subtopic. These Overviews introduce every subtopic in the PI module and...
Background In 1995, at the beginning of his examination of the civil justice system in England and Wales, Lord Woolf concluded that the principal difficulties were cost, delay, and complexity. As pressures on the modern justice system grew, the prevailing rules and procedures proved unsustainable and inefficient. Following his review, Lord Woolf issued a series of recommendations in his final report and, consequently, the civil justice system underwent substantial reform. A key change was the introduction of compulsory pre-action protocols for various categories of proceedings, including personal injury matters. These protocols are a body of rules addressing how parties should behave before litigation commences. Their primary objective is to foster the early and full exchange of documents and information about a potential claim, in the hope that settlement can be reached without court action. They were intended to avoid litigation where possible or, at the very...
Practice Note This Practice Note summarises the principal provisions and operation of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention) in the context of child abduction proceedings. It further explains the interplay between the 1996 Hague Convention and the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention), together with pertinent case law and the implications of Brexit. For practical guidance on: the wider provisions of the 1996 Hague Convention, see Practice Notes: 1996 Hague Convention—general principles and Recognition, enforcement and co-operation under the 1996 Hague Convention; the 1980 Hague Convention, see Practice Note: Child abduction—introduction and issuing proceedings ( Hague Convention). The 1996 Hague Convention took effect in England and Wales on 1 November 2012......
Under the Planning Act 2008 ( PA 2008), a framework exists for granting development consent to nationally significant infrastructure projects ( NSIPs) within England, covering the sectors of energy, transport, water, waste water, and waste. Decisions on development consent orders ( DCOs) are made by the Secretary of State ( So S) having regard to the relevant National Policy Statements. Refer to Practice Note: Permission for nationally significant infrastructure projects. Fees Regulations and guidance Charges for DCOs are payable solely for the defined items listed in the Infrastructure Planning ( Fees) Regulations 2010, SI 2010/106 (the Fees Regulations). Different charging arrangements apply to projects that are not nationally significant (i.e. development progressing under the Town and Country Planning Act 1990 rather than PA 2008). Refer to Practice Note: Planning fees......
On 23 October 2023, the Levelling-up and Regeneration Act 2023 ( LURA 2023) secured Royal Assent...
The National Planning Policy Framework ( NPPF) The National Planning Policy Framework ( NPPF) provides robust safeguards for the green belt. It explains that the government places significant weight on green belts, and makes clear that the core objective of green belt policy is to stop urban sprawl by ensuring land designated as green belt remains permanently open. Consequently, there is a clear presumption against development that is inappropriate within the green belt, and considerable weight must be afforded to any harm to the green belt when deciding planning applications. The first iteration of the NPPF came into force in 2012 (the 2012 NPPF). It was then updated in 2018, 2019, 2021, September 2023, December 2023 and December 2024. The latest NPPF, issued in December 2024, does not change the essential aim of green belt policy or its five stated purposes. Yet it has...
STOP PRESS From 25 March 2026, the principal provisions of the Levelling-up and Regeneration Act 2023 on plan-making are in effect. This Practice Note is being revised to reflect those changes. This Practice Note outlines the core aspects of the planning frameworks in England and Wales relevant to minerals development. As minerals are only workable where they occur, and because site restoration is integral to such schemes, particular considerations arise when planning for and consenting mineral extraction. Minerals policy for England The key policy and guidance sources in England include: the National Planning Policy Framework ( NPPF) Planning Practice Guidance ( PPG) — offering detailed direction on applying NPPF policies the Marine and Coastal Access Act 2009, which established mechanisms for the sustainable stewardship and use of marine resources, including the requirement for a Marine Policy Statement ( MPS). The UK MPS sets out...
A family intervention tenancy ( FIT) is a form of tenancy of a dwelling-house offered in place of an assured or secure tenancy to a renter who has been, or might have been, subject to a possession order because of anti-social behaviour. FITs only apply to lettings that commenced on or after 1 January 2009. Their use is guided by non-statutory government guidance. Criteria to use a family intervention tenancy A FIT can be offered only when behavioural support services are provided to a tenant against whom a possession order for anti-social behaviour: has been made under Ground 2 or 2A of Schedule 2 to the Housing Act 1985 ( HA 1985), or Ground 14 or 14A of Schedule 2 to the Housing Act 1988 ( HA 1988) could, in the landlord’s opinion, have been so made could have been so made if the...
Councillors need substantial information to oversee the local authority ( LA) effectively and properly. For many, at times it can be unclear which information held by an individual member is theirs to disclose, which material must be made available to the public, what ought to remain within the council’s boundaries, and what should be retained solely by the councillor. Councils and access to information Councils fall within the scope of the Freedom of Information Act 2000, as well as the particular statutory public access to information rules that apply to a council and, where relevant, its elected mayor or the leader and cabinet in relation to decisions taken. These information rules were last amended in September 2012. Further access to information requirements also arise from a council’s audit arrangements and practices. When information is withheld, this occurs under a clearly defined set of legal...
This Practice Note outlines the National Health Service’s role in overseeing the professionals it engages to deliver NHS care. It sets out how performance lists for General Practice Medicine, Dentistry and Optometry operate to ensure that suitably qualified practitioners are available to work within the NHS. It describes the mandatory process for obtaining inclusion on the performance lists as the gateway for any professional seeking to practise in the NHS. It also explains the conditions attached to inclusion on the operating list, the ongoing duties placed on those listed, and the regulatory powers to examine suspected breaches of those conditions, including the conduct of hearings, the availability of appeals and the imposition of sanctions where non-compliance is proven. Commissioning services in the NHS The NHS does not share a single structure across the UK. It is first divided by country (for example, NHS England and NHS...
This Lexis+® UK Local Government tracker sets out a log of news, consultations, legislation and developments spanning the full breadth of education, from the early years foundation stage ( EYFS) through to further and higher education... See previous archived trackers: 2023 [ Archived] 2022 [ Archived] 2021 [ Archived] 2020 [ Archived] 2019 [ Archived] 2018 [ Archived] 2017 [ Archived] 2016 [ Archived] For ease of use, the tracker is arranged under: Legislation Bills: passage through parliament Guidance, consultations and developments of interest Cases Legislation Further and Higher Education What’s happening? Student Accommodation ( Miscellaneous Provisions) ( England) Regulations 2026, SI 2026/327 When? 1 May 2026 Find out more These Regulations amend the Student...
This Practice Note is aimed at lawyers working within, or advising, Children’s Services in Welsh local authorities. It addresses only Welsh law. For the position in England, see: Local authority duties to children—overview. It is the second of three Practice Notes on Children’s social care in Wales. For child protection guidance in Wales, see Practice Note: Local authority duties to children in Wales—child protection. For a Welsh local authority’s responsibilities to looked after children, see Practice Note: Local authority duties to looked after children in Wales. For duties of local authorities in England, see the Practice Notes mentioned below. Provision of accommodation for children by a Welsh Local Authority Community care/adult social care practitioners will be well acquainted with section 20 of the Children Act 1989 ( Ch A 1989). For material on section 20, consult Practice Note: Section 20 of the Children Act...
This Practice Note outlines the public law obligations of higher education institutions ( HEIs) arising from statute and from conditions attached to institutional funding arrangements. It addresses, in particular, freedom of speech under section 43 of the Education ( No 2) Act 1986 ( E( No 2) A 1986), academic freedom, the prevent and equality duties operating within the HEI setting, as well as fair access and participation duties designed to promote and encourage admissions from under-represented applicant groups. The link between an HEI and its students is founded on private contract yet also exhibits public law features of significance. This is because, although education is supplied to individuals as a service in return for fees, HEIs fulfil a clear societal role and receive public subsidy. Legislative reforms have broadened certain public law duties and heightened tensions between protected freedoms and...
This Practice Note outlines the Gambling Commission’s regulatory remit and its investigative and enforcement powers, deployed to ensure the three licensing objectives are upheld. Gambling Commission investigations The Commission supervises the commercial gambling industry throughout Great Britain. Under section 23 of the Gambling Act 2005 ( GA 2005), it must prepare a statement setting out the principles to be applied when exercising its functions under that Act. It has published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005, which sets out its regulatory policies for undertaking compliance activities. This policy is reviewed regularly and was updated on 12 September 2023. In performing its functions, the Commission is under a duty to pursue and have regard to the licensing objectives in GA 2005, s 1: preventing gambling from being a source of crime or disorder, being associated with crime or disorder, or being used to...
This Practice Note sets out an overview of local authority structure and purpose. It also summarises governance models and explains the respective roles of members and officers within those arrangements. It highlights fundamental features that are often missed by newly elected members (councillors) and newly appointed officers, lawyers included. Structure and purpose of local authorities Local authorities are organisations brought into being by statute as single legal entities. They may act only as legislation authorises, whether under their establishing statute or through other enactments that extend their powers. Any action must also pursue solely the purposes Parliament intended when passing the relevant statutes. Where an authority acts outside those powers, or for a purpose not so intended—wilfully as an abuse of power, or inadvertently—it is acting ‘beyond its powers’. This is the concept of ‘ultra vires’. Any ultra vires act by a local...
Demotion A secure tenancy may be reduced to a 12-month probationary tenancy where the tenant has engaged in housing-related anti-social behaviour or has used the home for unlawful purposes. Where a demotion order is made and the tenant stays in occupation, the secure tenancy ends on the date specified and a demoted tenancy begins. Comparable powers apply to registered housing providers for assured tenants under the Housing Act 1988 ( HA 1988). Conduct ' Housing-related anti-social conduct' means behaviour that: is capable of causing nuisance or annoyance to another person; and directly or indirectly relates to, or impacts, the landlord's housing functions Such conduct includes: causing a nuisance to neighbours vandalism and graffiti noise ' Use of property for unlawful purposes' covers conduct that consists of, or involves, using or threatening to use housing accommodation for an unlawful...
What does eligibility for housing assistance mean? This Practice Note examines who qualifies for ‘housing assistance’, meaning help provided under the homelessness provisions in Part VII of the Housing Act 1996 ( HA 1996) in England and Part 2 of the Housing ( Wales) Act 2014 ( H( W) A 2014) in Wales. For details on eligibility for the allocation of housing, see Practice Note: Allocation—eligibility. Eligibility for housing assistance is tied to immigration status. The local housing authority ( LHA) is responsible for deciding if an applicant is eligible, and its decision can be challenged by the applicant through the review process—see Practice Note: Homelessness—the review and appeal procedures. England and Wales each issue their own Homelessness Code of Guidance. In the Homelessness code of guidance for local authorities ( English Code), eligibility is addressed in Chapter 7; in the Allocation of...
FORTHCOMING CHANGE The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in Wales, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note considers when an occupation contract under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016) constitutes a secure contract. It addresses the definition of a community landlord and assesses when a community landlord may use a standard contract (for example, an introductory standard contract or a prohibited conduct standard contract). It should be read together with Practice Note: Renting Homes ( Wales) Act 2016—terms of secure contracts, which covers: variation of secure contracts, the withdrawal of a joint contract-holder, dealing with a secure contract by transferring it to other secure contract-holders or potential successors, and the termination of secure...
Who is the General Dental Council ( GDC) The General Dental Council ( GDC) is a corporate body established by the Dentists Act 1984 ( DA 1984). Its general function is to promote high standards of professional education, conduct and performance, with the overarching aim of protecting the public in relation to registered dentists and dental care professionals, including dental nurses. The GDC’s role is to protect, promote and maintain: the health, safety and well-being of the public public confidence in the professions they regulate professional standards and conduct for Registrants and prospective Registrants, and proper standards and conduct for business Registrants This Practice Note offers guidance on GDC fitness to practise proceedings, investigations, and applications for restoration to the Register. In this Practice Note, a ‘ Registrant’ refers to: registered dentists registered dental care...
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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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