Featured documents
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Most recent Practice notes
ARCHIVED: This Practice Note is archived and no longer updated. It outlines modifications to the Civil Procedure Rules arising from the Civil Procedure Rules 1998 ( Amendment) ( EU Exit) Regulations 2019 ( SI 2019/521), and the Civil, Criminal and Family Justice ( Amendment) ( EU Exit) Regulations 2020 ( SI 2020/1493), together with related revisions to relevant practice directions recorded in the Making documents for the 107th, 122nd and 126th practice direction updates. The 126th practice direction update also introduced several minor amendments to the 107th practice direction. These adjustments either ensured, or flowed from, changes to existing EU Exit instruments so as to secure alignment with the Withdrawal Agreement between the EU and the UK. CPR Parts subject to change include: Part 5 Part 6 Part 8 Part 12 Part 13 Part 25 Part 30 Part 31 ...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note sets out guidance on the implementation period and its impact on EU law and UK legislation drawn from EU measures. It covers: Retained EU law—what it comprises and when it operates. The significance of Court of Justice rulings for UK courts throughout the implementation period. For context on the European institutions cited, see Practice Note: Structure and functions of EU institutions and bodies. For advice on the consequences of the implementation period’s conclusion, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners. Brexit timeline For the latest on the Brexit process and related preparations, see Practice Note: Brexit timeline. Withdrawal Agreement 2020—implementation period The 2020 Withdrawal Agreement between the UK and the EU is dated 24 January 2020 and is available here......
This Practice Note explores how state immunity intersects with arbitration proceedings in Brazil. For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For materials on state immunity across multiple jurisdictions worldwide (including England and Wales), refer to our ‘ State immunity’ subtopic: State immunity and arbitration—overview. It also examines exceptions to absolute state immunity and waiver of immunity, both in general terms and as they arise in international arbitration... Concept of state immunity in Brazil State immunity is a customary rule of international law. Grounded in the equality of states, it embodies non-interference and respect for sovereignty. It holds that one state may not sit in judgment on another, as equals do not wield authority over each other. As a default position, this immunity shields a foreign state—including its governmental bodies, companies and...
This Practice Note examines interim relief in support of arbitration under Austrian law. Note: the decisions of the Austrian Supreme Court ( Oberster Gerichtshof) ( OGH) mentioned below are not reported by Lexis Nexis®... It outlines the interim measures available from Austrian courts to aid arbitration, as well as those that arbitral tribunals may grant under Austrian law. Austrian arbitration rules are contained in Chapter Four of the Austrian Code of Civil Procedure ( ACCP). In contrast to the UNCITRAL Model Law, Austrian legislation does not draw a distinction between domestic and foreign arbitrations. The provisions of Chapter Four (sections 577 to 618) govern arbitrations seated in Austria, while certain provisions apply irrespective of the place of arbitration ( ACCP, s 577(2))... Sections 585 and 593 ACCP regulate interim relief in arbitration: the former addresses interim measures issued by state courts, and the latter governs...
Owing to Austria’s central location and enduring political neutrality, it commands a well-established reputation for settling international commercial disputes. Consequently, Austria stands among Europe’s principal centres for arbitration. This Practice Note outlines key considerations for parties evaluating Austria as the juridical seat. For more on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. Why Austria? political neutrality modern, well-developed arbitration law (a UNCITRAL Model Law country) sophisticated international administering institution ( Vienna International Arbitral Centre ( VIAC)) arbitration-friendly courts applications to set aside an arbitral award are determined by the Supreme Court as the first and only instance very active arbitration community strong ties with Central and Eastern Europe and South Eastern Europe, alongside growing links with China The legal...
This Practice Note offers an overview of how damages are assessed and quantified in international arbitration, with a particular focus on damages arising from breach of contract. A separate Practice Note covers non-damages remedies in international arbitration What law applies for the purposes of calculating damages? As a general proposition in international arbitration, the law governing the substance of the parties’ dispute will also govern the evaluation of damages (eg, Chaplin v Boys). However, this should be verified for the specific jurisdictions and causes of action, as courts (notably the English court) have indicated that, while the heads of damage are determined by the substantive law, the quantification of loss is more properly treated as a procedural issue ( Harding v Wealands) For contractual disputes, the applicable substantive law will be either: the law the parties have selected to govern the relevant...
This Practice Note outlines the process for appointing arbitrators under the 3rd edition of the ARIAS ( UK) Rules, adopted in 2014 (the ARIAS Rules). For an overview of ARIAS, see Practice Note: Arbitration under the ARIAS ( UK) Rules 2014... Requirements under ARIAS Rules In an ARIAS arbitration, the parties may decide how many arbitrators will sit on the tribunal and what qualifications they must possess ( ARIAS, rule 6.1). If, in whole or in part, the parties fail to agree on the tribunal’s composition, the default provisions in the ARIAS Rules apply, which in their basic structure mirror the appointment process in the ARIAS arbitration clause. The rules provide that, unless the parties agree otherwise: the tribunal will comprise three arbitrators......
Practice Note This Practice Note outlines how disputes progress under the 3rd edition of the AIDA Reinsurance and Insurance and Arbitration Society ( ARIAS) ( UK) Rules (the ARIAS Rules), adopted in 2014. For a primer on ARIAS, see Practice Note: ARIAS ( UK) Rules and Procedure. Unlike many other arbitral rule sets, there is no fixed procedural roadmap taking an ARIAS arbitration through to a hearing. Instead, the focus is on the parties agreeing their own procedure and timetable ( ARIAS, rule 10.1 and Note to Rule 10) so that the dispute is resolved proportionately. Even where consensus is reached, the tribunal may displace any arrangement it believes would not allow the dispute to be determined in a proportionate way, without needless delay or cost ( ARIAS, rule 10.1). In practice, an arbitral tribunal will generally attach significant weight to solutions the parties have...
The Technology, Media and Telecoms ( TMT) sector has a central role in the world economy. As a cornerstone of the global economy, the Technology, Media and Telecoms ( TMT) arena shapes how we live and work. Tools and platforms spanning blockchain and cryptocurrency, 5G, Web3, artificial intelligence, data analytics, virtual reality, the metaverse and the Internet of Things have moved from novelty to everyday essentials. While governments around the world confront fresh legal and policy questions prompted by these technologies and their broad deployment, technology businesses face mounting regulatory scrutiny. Unsurprisingly, the volume of technology disputes is rising. Arbitration is frequently cited as the favoured mechanism for resolving TMT disagreements. In the 2016 Queen Mary University of London survey (the 2016 QMUL survey), 92% of respondents viewed arbitration as well suited to TMT disputes and 43% regarded it as the preferred dispute...
Ireland as a seat of arbitration In recent years, the Republic of Ireland ( Ireland) has pursued a focused drive to position itself as a hub for international arbitration. These initiatives have intensified since the UK’s departure from the EU, with representative bodies such as Arbitration Ireland arguing that Dublin can attract cross-border dispute work at London’s expense. September 2024 saw the second Dublin International Disputes Week, building on the now well‑established Dublin International Arbitration Day. Ireland’s principal selling points in this respect include: a common law jurisdiction membership of the European Union excellent infrastructure and facilities a pool of highly skilled professional expertise adoption of the United Nations Commission on International Trade Law ( UNCITRAL) Model Law on International Commercial Arbitration (the Model Law) The Irish courts have traditionally shown deference to contracting parties’ selection of arbitration as their chosen means of resolving disputes......
Arbitration in the BVI The BVI Arbitration Act 2013 ( BVI Act), in force from 1 October 2014, is the principal legislation governing arbitration in the BVI. An important element of the Act was the creation of the BVI International Arbitration Centre ( BVI IAC). Although the BVI government remains committed to ensuring that, through the IAC, the BVI becomes a viable and notable participant in international arbitrations, there are still comparatively few reported cases in which the BVI is chosen as the seat of the dispute, although such instances are gradually increasing. As a result, BVI jurisprudence concerning its supervisory role, including any challenge to the arbitral tribunal, is limited and will remain so for the immediate future. Nevertheless, the BVI Court is frequently asked to assist foreign arbitrations, to stay proceedings commenced in this jurisdiction in favour of...
Arbitration in Qatar—the background Governing legislation and approach to arbitration Since 2017, Qatari case law and practice on arbitration have undergone significant development. Lawmakers introduced a fresh arbitration regime, drawing heavily from the UNCITRAL Model Law on International Commercial Arbitration, and sought feedback from the international legal community. Law No 2 of 2017 Promulgating the Civil and Commercial Arbitration Law ( Qatari Arbitration Law) was enacted in February 2017, published in the Official Gazette in March 2017, and took effect in April 2017. The Qatari Arbitration Law governs all arbitral proceedings in Qatar. As it is modelled on the UNCITRAL Model Law, the operation of arbitration broadly aligns with that in other jurisdictions. Given Arabic is the State of Qatar’s official language, most legislation is officially issued only in Arabic. In this instance, however, the Qatar International Court and Dispute Resolution Centre ( QICDRC) was...
Choosing arbitration as the forum for resolving disputes has continued to gain broad traction in Nigeria. Nevertheless, parties bound by arbitration clauses frequently begin court proceedings to contest the authority of arbitral tribunals to determine their matters. Challenging arbitral jurisdiction Until 26 May 2023, the principal statute governing arbitration in Nigeria was the Arbitration and Conciliation Act, 1988, Cap A18, Laws of the Federation of Nigeria, Vol. 2010 (“ ACA”), which was predominantly modelled on the UNCITRAL Model Law with some variations. The ACA expressly recognised the sanctity of the arbitration agreement (see section 2) and treated such agreements as generally irrevocable. That enactment has since been repealed and replaced by the new Arbitration and Mediation Act 2023 (“ AMA”). The AMA preserves the default position of irrevocability. This mirrors the ACA’s stance. Under section 3, subject to section 5(1) and unless the parties agree...
Home to more than 700,000 people across 33 square kilometres, Macau is a Special Administrative Region of the People’s Republic of China ( PRC) operating under the ‘one country, two systems’ framework. Consequently, it enjoys substantial economic autonomy. Recognised as a distinct customs territory, Macau maintains a liberal marketplace and functions as a free port. Gaming and tourism underpin the local economy, and over time the city has drawn many thousands of visitors from the PRC and the Hong Kong Special Administrative Region ( HKSAR). A notable share of economic activity still hinges on gambling, which accounts for over 70% of tax receipts and provides jobs for around one-fifth of the labour force. To broaden its base, the government is advancing tourism and leisure as diversification levers. Beyond these two dominant pillars, other sectors have seen only modest expansion, including the...
Arbitrations arising from insurance and reinsurance disagreements reflect many of the characteristics found in other commercial arbitration. This Practice Note outlines both ad hoc and institutional procedures for arbitrations within the insurance sphere. It further addresses Bermuda Form proceedings that can flow from ‘ Bermuda Form’ policies, a distinct class of excess liability insurance. References to ‘insurance’ in this Practice Note are to ‘insurance and reinsurance’ unless stated otherwise. The Practice Note covers: Agreements to arbitrate in the insurance context, institutional and ad hoc arbitration Bermuda Form arbitrations Agreements to arbitrate, institutional and ad hoc arbitration Agreements to arbitrate For arbitration to be used as a route to resolve a dispute, the parties to the insurance contract must either have agreed to refer the dispute or difference that has arisen to arbitration, or must agree, after the dispute has arisen, to arbitrate. It is...
ARCHIVED : This Practice Note has been archived and is not maintained. This year’s Arbitration annual round-up for England & Wales surveys the most notable judgments from 2017 and signals what lies ahead in 2018. It features leading rulings from the Supreme Court, Court of Appeal and High Court across our enforcement, challenges and appeals, tribunal, and jurisdiction themes. You will also find updates to Lexis Nexis® content, with news of major developments over the past year and what is planned for the next twelve months. Reviewing 2017 Enforcement of arbitral awards What happened? Through 2017, questions of recognising and enforcing arbitral awards were largely shaped by two decisions of the UK Supreme Court. The more consequential of the pair was arguably IPCO v NNPC [2017] UKSC 16, where Lord Mance, with the other justices concurring, determined that the court had no power to make an award...
This Practice Note offers an overview of arbitration as a dispute resolution mechanism for conflicts in the energy industry. It should be read alongside the following Practice Notes: Starting a claim in an energy dispute—a practical guide Oil and gas projects—contracts and disputes Oil and gas disputes—international dispute resolution framework and institutions Energy sector disputes Energy ventures—across fossil fuels, nuclear, and renewable sources such as hydro, wind, geothermal, solar, and tidal—are marked by large-scale, capital-intensive and intricate arrangements. Deals and investments are typically long-term and often involve parties from multiple jurisdictions and varied cultural backgrounds. A broad spectrum of disputes is common in the sector. Conflicts may arise between project partners (including state entities), with financiers, with supply chain contractors, or other third parties. The subject matter can be wide-ranging—for instance, joint venture fallouts, expropriation, environmental matters, financing, pricing reviews, and...
This Practice Note examines when arbitration proceedings are treated as having commenced, with particular reference to the Arbitration Act 1996 ( AA 1996) as it applies in England, Wales and Northern Ireland. It also outlines how commencement dates are identified under several of the main arbitration rules for both ad hoc and institutional arbitrations. Importance of the start or commencement date in arbitration proceedings Parties need certainty on the commencement date because: it acts as the starting point for calculating subsequent time limits, e.g. for serving written submissions or where an award must be made within a specified period it determines whether any contractual or statutory time bar or limitation period has been met For guidance on limitation periods in arbitration, see Practice Notes: Limitation periods in arbitration ( England and Wales) and Foreign Limitation Periods Act 1984, and for information on limitation under English law...
This Practice Note closely examines the place of state immunity in connection with arbitration proceedings in Egypt. For an introductory guide to state immunity and arbitration, see the Practice Note: State immunity and arbitration—general considerations. In addition, for further Practice Notes covering state immunity across a range of jurisdictions around the world (including England and Wales), see: State immunity and arbitration—overview. Law No 27 of 1994 on arbitration in civil and commercial matters International arbitration in Egypt is regulated by Law No 27 of 1994 on Arbitration in Civil and Commercial Matters (the ‘ Arbitration Law’). Modelled on the UNCITRAL Model Law and the principles underpinning it and on which it is based, it became effective on 22 May 1994. It revoked Articles 501–513 of the Civil Procedures Law, which had previously regulated arbitration cases, and now the provisions of Civil Procedures Law No 13 of 1968 and...
Section 23 of the 1996 Act This Practice Note presents section 23 of the Arbitration Act 1996 alongside the new section 23A brought in by the Arbitration Act 2025. It also includes links to commentary that help clarify the amendments. The Arbitration Act 2025 obtained Royal Assent on 25 February 2025. For the in-force date, see Practice Note: Arbitration Act 2025 commencement and transitional provisions. Section 23 of the 1996 Act provides as follows below: 23 Revocation of arbitrator’s authority (1) The parties may determine, by agreement, the situations in which an arbitrator’s mandate can be withdrawn. (2) Where, or to the extent that, no such agreement exists, the default provisions apply......
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
