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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 Practice Note is intended for solicitors employed by, or advising, Children’s Services teams within local authorities in Wales. It deals exclusively with the body of law applicable in Wales. For the law as it stands in England, regard should be had to Local authority duties to children—overview, and the Practice Notes referred to below. It constitutes the third in a series of three Practice Notes addressing children’s social care in Wales. For guidance on child protection in Wales, see Practice Note: Local authority duties to children in Wales—child protection; and for information on providing accommodation for children, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales. Duties towards looked after children In the Welsh context, looked after children ( LAC) are those subject to a care order, or those provided with accommodation pursuant to any of a local...
This Practice Note outlines the strategic statutory responsibilities placed on a local housing authority ( LHA) to evaluate and provide support to people who are homeless or at risk of homelessness. It also sets out each LHA’s duty to examine homelessness within its district, and to devise, publish and carry out a tailored strategy responding to the findings of that review. It addresses homelessness prevention, the guidance that applicants ought to receive, and the enquiries that should be undertaken where an LHA suspects an applicant could be or become homeless. Homelessness—legislation and guidance The statutory frameworks governing an LHA’s obligations to assess and assist homeless persons (and those threatened with homelessness) are contained in Part VII of the Housing Act 1996 ( HA 1996) (as amended by the Homelessness Reduction Act 2017 ( HRA 2017)) for England, and in Part 2 of the Housing ( Wales) Act 2014 ( H(...
Scope This Practice Note offers guidance on General Medical Council ( GMC) fitness to practise ( Ft P) investigations, as well as on applications for restoration to the Register. It should be read alongside the Practice Notes: Common principles in fitness to practise proceedings and Criminal proceedings and convictions in healthcare regulatory proceedings. The GMC regulates all registered doctors throughout the UK. The term ‘ Registrant’ refers to the regulated professional who is the subject of fitness to practise proceedings in question. For further reading concerning other fitness to practise regimes, see also the following Practice Notes: General Dental Council—fitness to practise proceedings General Optical Council—fitness to practise proceedings General Pharmaceutical Council—fitness to practise proceedings Health and Care Professions Council—fitness to practise proceedings Nursing and Midwifery Council...
Legal status of local authorities At first glance, councillors chosen to lead a local authority might appear free to act on their mandate, with the authority’s staff making operational choices to deliver elected members’ programmes. That picture is, however, too neat. Despite the emphasis on the so‑called general power of competence, members still face limits on their actions, and the senior officers and wider workforce who administer the authority are subject to even tighter constraints. A local authority is a statutory corporation, brought into being by Parliament as a single legal person. As affirmed in Hazell v Hammersmith and Fulham, a council, though democratically elected and representative of its locality, is not sovereign and may only act where Parliament has expressly or by implication permitted it. Numerous statutory provisions exist: a few set the overall architecture, but most require the authority to...
This Practice Note outlines the situations in which the various types of club (members’, commercial and miners’ welfare clubs) may provide gaming and gaming machines without a permit. It describes the limits of these exemptions, when a permit is needed by a club, how to apply, and how decisions are reached. It also sets out when alcohol licensed premises may provide gaming and gaming machines by relying on the alcohol licence where certain conditions are met and appropriate notice is given, when exemptions can be removed, and how determinations can be challenged. It looks at rules on bingo in pubs and clubs and when a travelling fair can provide gaming without specific authorisation. Clubs There are distinct provisions controlling gaming and gaming machines supplied by clubs, alcohol licensed premises and travelling fairs, in addition to the framework that permits gambling facilities under operating and...
Practice Note This Practice Note sets out a local authority’s obligation to secure accommodation for children under section 20 of the Children Act 1989 ( Ch A 1989) and describes voluntary accommodation under Ch A 1989, s 20, highlighting the practical difficulties an authority may encounter, such as arranging suitable delegation of parental authority and questions regarding parental capacity. Please note this Practice Note concerns the law currently applicable in England. In Wales, the position is governed by the Social Services and Well-being ( Wales) Act 2014 and associated statutory instruments; for further material, see Practice Notes: Local authority powers and duties to provide accommodation for children in Wales, Local authority duties to looked after children in Wales, and Local authority duties to children in Wales—child protection. Under section 20 of the Children Act 1989— Ch A 1989, s 20—every local authority is under a duty to...
This Practice Note outlines the general power of competence ( GPC) granted to local authorities by the Localism Act 2011 ( LA 2011). It sets out the character and reach of the power, the charging and trading arrangements it enables, and the limits on its exercise. For fuller guidance on sound decision-making, see Practice Note: Key considerations in local authority decision making. Local authority is a creature of statute As Lord Templeman observed in Hazell v Hammersmith and Fulham LBC, a local authority, despite being democratically chosen and representative, is not sovereign and may act only where Parliament has expressly or impliedly authorised it. Accordingly, every council requires statutory footing for each act. Historically, this proved a frustrating brake when councils sought to deliver functions and services tailored to local context, owing to the lack (or perceived lack) of appropriate vires to support such...
Internal complaints All higher education providers are required to operate a complaints process that students, dissatisfied with a provider’s actions or failures to act, can use. This core element of sound corporate governance is embedded within standards set by: the Higher Education Code of Corporate Governance the Quality Assurance Agency ( QAA) in the UK Quality Code the initial and ongoing registration requirements of the Office for Students ( Of S) What is the UK Quality Code? The UK Quality Code is a sector-devised framework for safeguarding quality in higher education delivery, and it underpins the quality assurance and assessment work expected of, or carried out by, various bodies concerned with higher education, including: the Higher Education Funding Council for England ( HEFCE), replaced by UK Research and Innovation and Of S from August 2019 UK Research and...
This Practice Note outlines the UK gambling licensing framework. It reviews operating, personal and premises licences and sets out the application route, including factors the Gambling Commission (the Commission) or a local authority will weigh before deciding an application. Guidance on the application journey spans submission, scrutiny and decision, highlighting what the Commission and local authorities consider at each stage of the process. It also addresses licence conditions, alteration and termination for each licence, along with reforms brought in by the Commission. The three categories of licence available in Great Britain are: operating licences personal licences premises licences Operating licences Operating licences authorise an operator to supply a particular gambling product. Accordingly, anyone wishing to offer commercial facilities for gambling in Great Britain must hold an operating licence. Apart from small society lottery permits, only the Commission may award operating licences. Providing gambling facilities without the correct...
This overview of gambling law sets out the legal issues most relevant to the gambling industry, aimed at general commercial lawyers wanting to familiarise themselves with betting and gaming law overall and the current hot topics influencing the sector. It considers the legal treatment of betting, gaming and lottery activities, the Gambling Act 2005 ( GA 2005), non-gambling activities and international gambling. Gambling activities In the UK, some forms of entertainment are regarded as needing legal oversight as gambling. Three core categories are identified: betting, gaming and lotteries. ‘ Gambling’ is an umbrella term for all three. The principal statutory framework is GA 2005. This sweeping reform replaced a dense, historic regime that had developed piecemeal over more than two centuries, mirroring evolving attitudes to gambling. GA 2005 regulates all gambling save for the National Lottery and types of betting treated as financial...
This Practice Note This Practice Note examines what falls within the meaning of a gaming machine under the Gambling Act 2005 ( GA 2005) and the offences that may arise where contraventions occur. It further addresses the operation of lotteries, including the distinction between simple and complex lotteries, the rules on lottery promotion, exempt lotteries, and offences resulting from breaches of the statutory provisions. Under GA 2005, a gaming machine is a device designed or adapted for individuals to gamble, whether or not it also serves other purposes. The High Court has held that poker terminals available in public houses are gaming machines because they enable play of a game of chance for a prize; they were recognisably capable of generating a chance on which a prize might be awarded. By contrast, equipment not designed or adapted for...
This Practice Note examines the obligations on a local authority towards children in their care, encompassing those subject to care orders, interim care orders, as well as children accommodated voluntarily by the authority pursuant to section 20 of the Children Act 1989 ( Ch A 1989). It explains the local authority’s duty to safeguard and promote a child’s welfare and to make such services available for children as are reasonable, particularly in relation to placing the child in suitable accommodation and preparing a care plan. Please note, the information in this Practice Note concerns the law as it currently stands in England. The position in Wales is addressed by the Social Services and Well-being ( Wales) Act 2014 and the related statutory instruments. For further reading on Wales, see Practice Notes: Local authority powers and duties to provide...
Excluded tenancies A tenancy or licence will not be secure if it falls into any of these exceptions: long tenancies introductory tenancies, including those that have ceased to be introductory demoted tenancies property occupied in connection with employment land acquired for development accommodation for people who are homeless family intervention tenancies accommodation for asylum seekers temporary accommodation for individuals taking up employment private sector leasing temporary accommodation during works agricultural holdings licensed premises student lettings business tenancies to which the Landlord and Tenant Act 1954 ( LTA 1954) applies almshouses Long tenancies A long tenancy is one granted: for a term exceeding 21 years, whether or not it is (or may become) terminable before that term ends for a term fixed by law under a grant carrying a...
The main rights that a child has in school are: the right to education the right to receive care and protection comparable to that a reasonable parent would provide The former is set out in statute, while the latter stems from common law. The UN Convention on the Rights of the Child 1989 The UK government aims to honour the UNCRC 1989, although individuals cannot enforce it directly. It seeks to afford children various rights, including: the right to have their views respected the right to an adequate standard of living the right to education The Human Rights Act 1998 In education law, the Human Rights Act 1998 most notably protects: the right to freedom of thought, conscience and religion the right to education the right to a fair trial Strictly speaking, the right to education is a guarantee against being denied...
When a lease concludes or a property is sold, items are frequently left on site—particularly after forfeiture by re-entry where no notice may have been given. A lease might address disposal, yet often it contains no clear, workable provision a landlord can rely upon. This Practice Note explains when and in what manner a landlord may lawfully dispose of goods remaining at the premises once a lease has ended, or following a sale. It also outlines the process set out under the Torts ( Interference with Goods) Act 1977 ( T( IG) A 1977) for serving notice on the tenant to collect the goods, failing which the landlord is entitled to sell them. Ownership of goods and tenant fixtures The position varies significantly depending on whether the items are fixtures or chattels in law. For guidance on this distinction, see Practice Note: Fixtures and...
The Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991) requires that every tenancy created under it (1991 Act Tenancies) contains specified maintenance obligations. Similar—though not identical—provisions appear in the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003) for short limited duration tenancies ( SLDTs) of up to five years, limited duration tenancies ( LDTs) of at least ten years, and modern limited duration tenancies ( MLDTs) running for ten years or more. These are collectively termed 2003 Act Tenancies. See Practice Note: Agricultural holdings in Scotland—snapshot. Definition of fixed equipment Section 85 of AH( S) A 1991 defines ‘fixed equipment’ to include: all man-made works on the land—such as drains, bridges, fences and tracks—together with buildings and any installed machinery of whatever kind anything cultivated on the land for a purpose other than use after...
Statutory basis of residential service charge code— LRHUDA 1993, s 87 To encourage sound practice in relation to the management of ‘residential property’, the Secretary of State (in England) and the National Assembly for Wales (in Wales) are empowered to approve, from time to time, codes of practice, including those that relate to the management of residential service charges by ‘relevant persons’ (each being a Code). For these purposes, a ‘relevant person’ is any landlord of residential property, or any individual or body that undertakes management functions with respect to the provision of services, or the repair, maintenance, improvement or insurance of such residential property......
This tracker highlights forthcoming developments for Scottish property practitioners, covering appeals, commencement of major statutes, Bills, consultations, evidence calls and publications. For 2026 property matters, see: Scottish property cases tracker—2026. Appeal cases Forthwell Limited v Pontegadea UK Limited Landlord and tenant ( Glasgow ‘ Rogano’). Question: can damages extend to a subsidiary’s losses (transferred loss)? [2024] CSIH 38, 2025 SC 127, 2024 Scot ( D) 2/11 The Supreme Court has fixed a hearing for 20 May 2026. The dispute stems from a lease of the Rogano restaurant premises in Glasgow. Forthwell, the tenant, granted a sub-licence to its wholly owned subsidiary, which ran the restaurant. In late 2020 and early 2021, flooding and an electrical fire rendered the premises unusable. Under the lease, the landlord, Pontegadea, was required to insure and reinstate following insured risks, including flooding. The issue is whether the tenant may recover...
FORTHCOMING CHANGES to EIS and VCT financial limits and call for evidence on tax support for entrepreneurs: At Budget 2025, the government announced that the upfront income tax relief available to an individual investing in a VCT will fall from 30% to 20%. By contrast, the upfront income tax relief for EIS remains at 30%. The government also outlined three changes affecting both the EIS and VCT schemes. Specifically, the following adjustments were confirmed: an increase to the annual investment limits that companies can raise under the EIS and VCT schemes, moving from £5m to £10m, and from £10m to £20m for knowledge-intensive companies ( KICs) an increase in the lifetime company risk finance investment limit, rising from £12m to £24m, and from £20m to £40m for KICs respectively an increase to the gross assets limit that an investee company must not...
FORTHCOMING CHANGES to EIS and VCT financial limits and call for evidence on tax support for entrepreneurs: At Budget 2025, the government set out that the upfront income tax relief available to an individual on the amount invested in a Venture Capital Trust will fall from 30% to 20%. By contrast, the upfront income tax relief for the Enterprise Investment Scheme remains unchanged at 30%. It additionally outlined three measures applying to both EIS and VCT: an uplift to the annual investment limits that companies can raise under EIS and VCT, moving from £5m to £10m, and from £10m to £20m for knowledge‑intensive companies ( KICs) an increase to the lifetime company risk finance investment limit, rising from £12m to £24m, and from £20m to £40m for KICs an increase to the gross assets limit that an investee company must not exceed, shifting from £15m to £30m before the...
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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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