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
An appraisal and one-to-one (121) framework is essential for law firms aiming to raise performance, align personal and organisational aims, and cultivate a culture of growth. Used well, appraisals and 121s lift engagement and retention, and contribute to firm-wide success by linking individual objectives to business strategy and enhancing client service. This Practice Note provides practical guidance on getting the best from the appraisal and 121 system and highlights the business benefits available from a disciplined, structured approach. What does a good appraisal and 121 system look like? The system centres on regular, structured conversations between employees and their managers to review performance, set objectives, share feedback and discuss career development. It can be tailored to the realities of legal practice, including: Billable hours Client satisfaction Building on professional strengths Schedule a formal meeting annually, supported by frequent interim 121s. If treated as a...
Restrictions to amendments of Section 9(2B) rights Prior to the ending of salary‑related contracting out (also referred to as DB contracting‑out) on 6 April 2016, legislation imposed limits and controls on what trustees and/or employers could alter within the rules of: a contracted‑out salary‑related ( COSR) scheme, that is, one providing COSR benefits. Between 6 April 1997 and 5 April 2016, the sole category of contracted‑out benefit a member could build up comprised “ Section 9(2B) rights” (so called after the provision of the Pension Schemes Act 1993 ( PSA 1993) which introduced them), and a former COSR scheme (i.e. a scheme that had ceased to be contracted‑out) which still has members with accrued contracted‑out benefits (including Section 9(2B) rights) or who were receiving such benefits For any alteration affecting Section 9(2B) rights made between 6 April 1997 and 5 April 2013,...
FORTHCOMING CHANGE : The Pension Schemes Bill, anticipated to secure Royal Assent in Spring 2026, contains, among other matters, measures allowing regulations to be made so that small inactive pension pots—those worth up to £1,000—are placed into consolidator schemes in practice. The Bill outlines who qualifies, including at least a set dormancy period and the circumstances under which a qualifying pot is treated as dormant. Further clauses oblige trustees and managers to send transfer notices that present default and alternative options to members, set parameters for exemptions where this best serves members’ interests, as appropriate, and safeguard membership rights from adverse impacts arising from transfers. One or more ‘destination proposers’ will act as intermediaries for these movements throughout the process. Clear, specified timelines will apply to giving notice and carrying out the transfers, as set out in the Bill. Additional provisions embed and oversee...
FORTHCOMING CHANGE : The Pension Schemes Bill, anticipated to secure Royal Assent in 2026, contains measures that confer on the Pensions Ombudsman authority equivalent to that of a competent court for matters concerning the recoupment of pension overpayments. This reform removes the necessity for trustees to seek County Court involvement in such cases, thereby cutting legal costs, easing administrative burdens and promoting a swifter, more effective recovery process for schemes and their members. For more detail, see LNB News 05/06/2025 42 and Pension Schemes Bill—tracker — Pensions Ombudsman and overpayments. THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES ONLY This Practice Note explores the extent to which accrued pension entitlements under registered occupational pension schemes may be surrendered or forfeited. The general rule against surrender—the inalienability rule Under section 91(1) of the Pensions Act 1995 ( PA 1995), a member’s accrued benefit rights in a...
Providing a smoke-free workplace In England, employers are required to maintain smoke-free workplaces under the Health Act 2006 ( HA 2006)—see: Obligation to provide a smoke-free workplace, below. Related regulations specify: the no-smoking signs that must be displayed in smoke-free premises—see: Obligation to display no-smoking signs rules for smoke-free vehicles—see: Company vehicles criminal sanctions for breaches—see: Criminal penalties how smoking shelters should be designed and located—see: Smoking shelters Local authorities enforce these duties, and their websites provide additional guidance for employers. This Practice Note also covers: The Tobacco and Vapes Bill—see: The Tobacco and Vapes Bill, below considerations when implementing a smoking policy—see: Smoking policy, below disciplinary and dismissal considerations—see: Disciplinary and dismissal issues, below whistleblowing where a worker reports smoking in breach of the rules or raises other concerns—see: Whistleblowing employer issues linked to ‘vaping’, i.e. the use of vapes (also called e-cigarettes) as an alternative to tobacco...
This Practice Note sets out requirements for reporting suspicious transactions and orders under Assimilated Regulation ( EU) 596/2014 (the UK Market Abuse Regulation) and Commission Delegated Assimilated Regulation ( EU) 2016/957. For an overview of divergence between provisions of Regulation ( EU) 596/2014 (the EU Market Abuse Regulation) and UK Market Abuse Regulation, see Practice Note: Market Abuse Regulation—key provisions divergence table. Definition of STOR A suspicious transaction and order report ( STOR) is a submission concerning suspicious orders and transactions, including any cancellation or amendment to them, that may constitute insider dealing, market manipulation, or attempted insider dealing or market manipulation, made pursuant to Articles 16(1) and (2) of the UK Market Abuse Regulation. For information on insider dealing, see Practice Note: UK Market Abuse Regulation ( MAR)—essentials— Insider dealing. For information on market manipulation, see Practice Note: UK Market Abuse...
This Practice Note explores core regulatory features relevant to high-cost short-term credit ( HCSTC), covering definitions, the regulatory architecture, the Financial Conduct Authority’s ( FCA) scrutiny of high-cost credit, and conduct rules aimed at HCSTC providers (such as restrictions on roll-overs, continuous payment authorities ( CPAs), the use of price comparison websites ( PCWs), and cost caps). From 15 July 2026 ( Regulation Day), a substantial slice of the previously unregulated ‘ Buy now, pay later’ ( BNPL) sector—namely interest-free, short-term arrangements offered by third-party lenders—will come within FCA oversight as deferred payment credit ( DPC). This Practice Note concentrates on the HCSTC regime. For detail on BNPL and the DPC framework (including the revised perimeter and conduct obligations), see Practice Note: Buy now, pay later ( BNPL) and deferred payment credit ( DPC). What is 'high-cost short-term...
This Practice Note offers a concise outline of major UK legal and regulatory changes influencing investment funds and asset managers. It summarises HM Treasury’s review of the UK funds framework; proposed updates to the UK asset management regulatory regime set out in the Financial Conduct Authority ( FCA) discussion paper DP23/2; FCA and HM Treasury proposals for a more proportionate approach to alternative investment fund managers ( AIFMs); the overseas funds regime ( OFR); and a new UK unauthorised vehicle, the Reserved Investor Fund ( Contractual Scheme) ( RIF). It also highlights the FCA’s supervisory priorities for 2026. For further detail on UK investment funds and asset management, and links to in-depth materials, see: Funds and asset management—general—overview Collective investment schemes ( CIS)—overview UK AIFM regime—overview UCITS—overview For UK sustainable finance and environment, social and governance ( ESG) topics relevant to...
Facts Alisha passed away in May 2023 aged 89. She is survived by her spouse, Bobbie (85), their children, Charlie and Deon, and three grandchildren, Eli, Louis and Noor. At death she was UK‑domiciled and a long‑term UK resident; the position would be unchanged under the residence‑based IHT regime had she died on or after 6 April 2025. Alisha’s estate Orchard House, Hertfordshire, co‑owned with Bobbie as tenants in common in equal shares, valued at £2m. Woodland in Dorset held solely by Alisha, provisionally £80,000. Investments totalling £300,000. Current bank account balance of £50,000. Jewellery and household effects together worth £100,000. Lifetime gifts made by Alisha Upon retiring in February 2000, and using funds inherited from her mother, Alisha gave £200,000 to each of Charlie and Deon. She also made £5,000 gifts to each grandchild on their 18th birthdays: Eli received his in March 2017 and Louis in September 2019......
Land contamination liabilities The principal liabilities linked to land contamination and water pollution are outlined below. Regulatory action: Part IIA contaminated land regime under the Environmental Protection Act 1990 ( EPA 1990); Environmental Damage Regulations— EDR ( England) SI 2015/810 and EDR ( Wales) SI 2009/995; anti‑pollution works notices under sections 161–161D of the Water Resources Act 1991 ( WRA 1991); Environmental Permitting Regulations 2016 ( EPR 2016), SI 2016/1154. Third‑party liabilities: Private and public nuisance claims; personal injury claims; negligent professional advice; misrepresentation; lease disputes. Contractual liabilities: Planning obligations and development conditions; agreements for lease disputes; licence to enter indemnity claims; remediation agreements; insurance policy disputes. Other liabilities: Clean‑up, investigation and monitoring costs; landfill tax; loss of property value; delay or aborted transactions; accounting provisions; negative publicity. For more detail, see the Practice Notes on land...
FORTHCOMING CHANGES : At Budget 2025, the government opted not to proceed with a single remote betting and gaming duty, reversing an earlier consultation proposal. The decision reflects the view that remote betting (staking on real‑world events with variable odds) and remote gaming (games of chance) have different features and differing levels of harm, and so warrant distinct tax treatments. Instead, the government confirmed it will: raise the remote gaming duty from 21% to 40% from 1 April 2026 to reflect the greater harm linked to remote gaming; and bring in a new 25% GBD rate for remote betting from 1 April 2027. Remote betting on UK horse racing will be excluded from the new rate, as will bets placed via self‑service betting terminals on licensed premises. These will continue to be taxed at 15%. The government also announced that: bingo duty will be...
What is a friendly society? Since the first Friendly Societies Act in 1793, friendly societies have been subject to registration and regulation. Two Acts now govern the area: the Friendly Societies Act 1974 ( FSA 1974) and the Friendly Societies Act 1992 ( FSA 1992). Before FSA 1992, all friendly societies were unincorporated associations of individual members. Although unincorporated societies may continue, the larger ones have become bodies corporate under FSA 1992, and any new societies must be created as incorporated societies. A friendly society is a type of mutual society: a voluntary association of individuals who subscribe for provident benefits, meaning benefits intended to meet future needs. Today, every friendly society must include among the benefits it offers at least one of the permitted activities listed in FSA 1992, Sch 2, and may in addition pursue social or benevolent purposes and other...
What does this Practice Note cover? This Practice Note offers an introduction to the principal London venues for listing and trading debt securities. It outlines the applicable regulatory framework and summarises, for each market, the key stages for listing and admission. It is not a detailed handbook for listing debt securities on these markets. For fuller guidance on listing debt securities on these markets, please refer to Practice Note: Guide to listing debt securities on the London Stock Exchange. This Practice Note delivers a high-level overview of the main available markets for listing debt securities in London. It signposts the regulatory framework governing listing and admissions to trading, explains the separate concepts of listing and admission to trading, the London Stock Exchange ( LSE) markets that are relevant in a debt capital markets context, and the process for listing and/or admission to trading on those...
This Practice Note is a companion to Practice Note: Ireland- Trade secrets and confidential information, which explains when duties of confidence arise and how they are usually managed in commercial contracts. Organisations frequently decline to share details on the grounds that doing so would infringe confidentiality obligations. This Practice Note considers methods for safeguarding confidential material and ways to address such objections. Protection when creating information Clear contractual drafting Confidentiality provisions should be drafted with precision. For instance, many clauses allow disclosure where required by ‘applicable law’. If the intention is to confine permitted disclosures to those mandated by Irish law, that limitation should be stated expressly. Beyond confidentiality provisions, other terms can also limit use and disclosure of confidential matter, notably: data protection clauses (often curbing the processing of personal data, ie information relating to identifiable individuals); and intellectual property clauses (which may limit how...
This Practice Note is intended for lawyers working within, or advising, Children’s Services departments of Welsh local authorities. It focuses solely on the law applicable to Wales. For the current position in England, see in general: Local authority duties to children—overview. This is the first in a trio of notes concerning children’s social care in Wales. For discussion of a Welsh local authority’s obligation to provide accommodation, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales. For discussion of a Welsh local authority’s responsibilities towards looked after children, see Practice Note: Local authority duties to looked after children in Wales. Each resource should be consulted alongside this note for contextual understanding and reference. Legislative background The Government of Wales Act 2006 ( GWA 2006) took effect on 25 July 2006. Section 108A GWA 2006 established a reserved powers model of...
The Health and Care Act 2022 was passed on 28 April 2022, with central provisions on Integrated Care taking effect from 1 July 2022. For more reading see News Analyses: Integrated Care Systems: practical steps for 1 July 2022, Transitioning to April—provider collaborative guidance issued, and Making provider collaboratives work—a little less conversation a little more (integrated) action. Key healthcare bodies in England Regulators Department of Health and Social Care ( DHSC) and Secretary of State for Health and Social Care — a Ministerial Department which also supports 14 Arms Length Bodies and a range of other Executive Agencies and Non- Departmental Public Bodies. In general, the DH provides: direction for the National Health Service ( NHS) and for the wider healthcare system stewardship of the health and care system so it delivers the right outcomes for patients, service users and the...
The Higher Education and Research Act 2017 ( HERA 2017) marks arguably the most far-reaching statutory shift in scope and effect for UK higher education since 2004. Under HERA 2017, Pt 1, a fresh regulator for higher education ( HE) in England, the Office for Students ( Of S), is created, alongside arrangements for a new register of providers across the system. Further particulars on the Of S’s constitution and functioning are set out in HERA 2017, Sch 1. HERA 2017, Pt 2 addresses additional education matters, such as student finance, complaints, and the deregulation of HE corporations in England. HERA 2017, Pt 3 deals with research, forming UK Research and Innovation ( UKRI) and defining the research and innovation roles of the councils. Expanded legislative detail is provided in HERA 2017, Sch 9. HERA 2017, Pt 4 attends to general...
Introduction This Practice Note outlines the role of the Gambling Commission and how it supervises the gambling sector across the UK. Overview The Gambling Commission (' Commission') oversees all areas of gambling in the UK and was established by the Gambling Act 2005 ( GA 2005) with supporting secondary legislation. It holds extensive powers and duties, regulating every type of gambling except spread betting, which falls under the Financial Conduct Authority. In October 2013 the Commission merged with the National Lottery Commission, extending its remit to the National Lottery. Its offices are in Victoria Square, Birmingham, and it maintains a helpful website. Nature and constitution The Commission is a non-departmental public body sponsored by the Department for Culture, Media and Sport. The Chairman and Commissioners are appointed by the Secretary of State, and there is also a chief executive. Commissioners must personally avoid conflicts, declare...
Practice Note This Practice Note provides guidance for a local authority on responding to an insolvent debtor. Debts may arise from arrears of: council tax National Non-domestic Rates ( NNDR) sundry debts liabilities from property liabilities from social care provision, see Practice Note: Securing and enforcing community care liabilities financial penalties imposed on a landlord for breaches of Houses of Multiple Occupation Legislation and other provisions deriving from the Housing and Planning Act 2016, see Practice Note: Houses in multiple occupation ( HMOs)—sanctions Individual bankruptcy debt relief order individual voluntary arrangement ( IVA) Partnership administration bankruptcy of individual partners partnership voluntary arrangement individual voluntary arrangement of individual partners Limited liability partnership ( LLP) administration administrative receivership compulsory liquidation of LLP voluntary liquidation of...
As with various areas of education legislation, the rules on school meals now differ in England and in Wales. Food and drink provided to pupils in schools in England English local authorities may supply milk, meals and other refreshments to registered pupils, to others taught at maintained schools, and to children in receipt of ‘relevant Early Years education’. This power also covers the provision of lunches at academies, free schools and independent schools. Catering can be delivered on school premises or at any other place where education is taking place, and local authorities must ensure maintained schools have facilities for pupils to consume food and drink brought from home. Provision may equally occur at alternative venues used for education. Including all temporary teaching sites. Catering in academies and free schools is not set out in statute, though their funding agreements with the...
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
