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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 assists in identifying the governing law where a contract was concluded on or after 17 December 2009 and before 1 January 2021. For agreements made on other dates, the UK courts will apply an alternative governing-law regime, selected by reference to the date the contract was entered into. The applicable scheme is determined by the date on which the contract was concluded. For direction on the various regimes and how they interrelate, see Practice Note: Applicable law regimes. This Note examines the operation and construction of Regulation ( EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, known as Rome I. Within this Note it is cited as Regulation ( EC) 593/2008, Rome I, or simply Rome I. It sets out when and for what reasons Rome I came into force and...
Updated in November 2023 Introduction This guide sets out the principal matters a new business should consider before beginning operations in Romania. It is not exhaustive and does not amount to specific Romanian legal advice; such guidance must be sought from a Romanian lawyer before establishing and running a venture in the country. Accordingly, independent Romanian legal counsel should always be consulted for tailored advice. Strengthening the business climate, ensuring stability and predictability, and boosting competitiveness through innovation are central strands of the Romanian Government’s economic policy. The main route to greater competitiveness is raising productivity by diversifying and innovating the domestic industrial base. Executive branch priorities include improving the business environment by reinforcing State aid policy and advancing better regulation, which lowers administrative burdens on businesses, while enhancing transparency in decision-making and public consultation. At the same time, it intends to support private...
This Practice Note outlines how an organisation can assess its commercial agreements to unlock optimum value and curb expenditure. It sets out the scenarios likely to trigger a legal contract review, identifies what areas warrant examination and specifies the participants who ought to take part in the process. It further highlights the principal components of the agreements analysed from the viewpoints of both customer and supplier. Purpose of review A contract review is a periodic exercise undertaken by a solicitor alongside key business stakeholders, supplementing the routine operational contract management performed day to day. While particular problems may spark a review as and when they arise, it is equally advantageous to timetable a periodic assessment at a defined stage in the contract lifecycle or financial year. Doing so enables the business to remain alert to opportunities to capture value, trim avoidable spend and limit risk when...
How to Guide This Practice Note serves as a how-to companion for assessing an indemnity clause in commercial business‑to‑business ( B2B) agreements, pointing readers to related materials. It weighs pro‑party positions and signposts potentially relevant topics, such as what an indemnity clause is, preliminary points, and the clause’s key components (including parties, scope and wording, the definition of ‘losses’, conduct of claims, and the duty to mitigate), as well as other provisions to review (including exclusion and limitation of liability and boilerplate) and practical matters. Indemnities are a vital mechanism for risk management in commercial contracts. They are commonly hard fought in negotiation and often attract judicial attention. An indemnity clause should never be reviewed in a vacuum. It should be assessed as one of a range of potential remedies, with a clear grasp of their differences and how they may operate...
Retained EU Law ( Revocation and Reform) Act 2023 The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) overhauls the framework set by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It has a marked effect on the status and treatment of what had been retained EU law ( REUL); from 1 January 2024, by virtue of the Act, this is recognised as assimilated law. The legislation also confers a broad set of powers enabling the further amendment, repeal, and substitution of assimilated law over time. REUL( RR) A 2023 came into force in part on 29 June 2023, with additional provisions taking effect on 29 August 2023, and the remaining elements commencing on appointment. It was brought into force on 1 January 2024, save for section 6 ( Role of courts). For...
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...
Remote execution— Q& As This Practice Note sets out Q& As addressing practical points arising with remote execution, with emphasis in particular on the following scenarios: Virtual execution Electronic signatures Share certificates Virtual execution If I cannot meet the people I am contracting with to sign a contract, how can I complete the contract securely and by virtual means? My company needs to enter into a document as a deed but everyone is working from home. Is it in fact possible to execute a deed virtually? Are mixed signings permitted? For example, where one party to a deed signs a counterpart in wet ink and another signs a counterpart using an electronic signature; where one counterpart is signed in wet ink and the other counterpart is executed by virtual means (a Mercury signature); or where one counterpart bears a Mercury signature and the other counterpart has been signed with an...
STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now operative. Procurement exercises launched on or after that date must, without exception, proceed under PA 2023, whereas those initiated under the previous regime—including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured, administered and managed in accordance with that legislation. The Cabinet Office has likewise refreshed and republished its collections of standard contract documents, templates and guidance materials for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were issued in tandem with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect and incorporate these developments. In the meantime, see News...
FORTHCOMING CHANGE : On 13 October 2025, the Ministry of Housing, Communities and Local Government ( MHCLG) opened a consultation on planned enhancements to the Local Government Pension Scheme ( LGPS) across England and Wales. Among its proposals, the paper sets out a sweeping reform of Fair Deal protections, bringing the scheme into line with the 2013 Fair Deal guidance and phasing out ‘broadly comparable’ pension arrangements for future outsourcing, save in exceptional circumstances. Instead, staff compulsorily transferred under TUPE would keep continuous LGPS membership through a new ‘deemed employer’ model, with the original Fair Deal employer remaining fully responsible for pensions, rather than relying on admission bodies alone. These safeguards would apply across re-tenders and subsequent transfers, protecting access for ‘protected transferees’ and, at the employer’s discretion, for new joiners on the contract. For individuals presently in broadly comparable schemes, the plans anticipate bulk transfers into the LGPS that...
STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have commenced. Procurements initiated on or after this date must be conducted under PA 2023, while those started pursuant to the earlier legislation (the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed in accordance with that regime. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. There are a number of aspects to...
FORTHCOMING CHANGE: On 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements started on or after that date must be conducted under PA 2023, while those initiated under earlier legislation must continue to be run and managed in accordance with those regimes: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 supersedes PPN 10/23, providing updated guidance on how to...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements launched on or after this date must comply with PA 2023, while those started under the previous framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and overseen under that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU‑derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Practice Note is a resource for practitioners on the current position of public procurement reform. For...
FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Competitions started on or after that date must proceed under PA 2023, while those commenced under earlier regimes—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and administered in line with those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law PCR 2015 are EU‑derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 supersedes PPN 10/23 with refreshed guidance on...
The remedies available to aggrieved bidders where a breach of the public procurement regulations or other enforceable obligations arises in the public procurement arena are set out in the Public Contracts Regulations 2015, SI 2015/102, Part 3. Standstill period and contract award information A contracting authority must notify all candidates and tenderers (other than tenderers that have been 'definitively excluded') of its decision to award a public contract. The notification must include: the criteria applied to the contract award the reasons for the decision, including the characteristics and relative advantages of the winning tender the score(s) of the party receiving the notice the name and score(s) of the successful party the legal effect of the standstill period The standstill periods are: where notices to bidders are sent by email or fax—ten days after the notice was sent where notices to bidders are sent by other means—15 days after the notice was sent, or ten days...
ARCHIVED : This Practice Note has been archived is not maintained. This Practice Note forms part of an archived collection that brings together and distils significant historic judgments and principles in public procurement law. Most entries concern decisions handed down before the Public Contracts Regulations 2015 came into effect. For up-to-date case law, refer to: UK public procurement case tracker EU public procurement case tracker Here, the emphasis is on contract awards and subsequent challenges. Procurement should be run openly and fairly, with contracting authorities seeking to foster enduring supplier relationships and encourage robust competition to secure best value and efficiency. At the same time, authorities must remain alert to potential disputes throughout the procurement exercise and the life of the contract. Likewise, any party wishing to contest an award must follow the correct process and deadlines. For additional context, see our: Contract award and...
Stop Press : On 24 February 2025, the core provisions of the Public Procurement Act 2023 ( PA 2023) take effect. We are in the process of reviewing and refreshing our material accordingly. Note that procurements launched on or after 24 February must proceed under PA 2023, whereas those initiated under the earlier regime must continue to be run and managed in line with that legislation: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 For background, see Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. Brexit impact—public procurement The UK public procurement framework originates from EU procurement law and is therefore affected by the UK’s departure from the EU. For general updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For further reading on Brexit’s effect on public...
This Practice Note examines the entitlements and duties of service providers, and the corresponding rights of service recipients, under the Provision of Services Regulations 2009, SI 2009/2999 ( PSR 2009). It addresses, in particular, the legislative background to PSR 2009 in EU Directive 2006/123/ EC on services in the internal market (the EU Services Directive), the scope, remit and application of PSR 2009, what constitutes a service and the meaning of service, the supply of information requirements, and how PSR 2009 relates to other legislation. It does not address duties on competent authorities to co-operate with each other under PSR 2009, nor other obligations placed on such authorities in relation to service providers and service recipients. Background The Provision of Services Regulations 2009, SI 2009/2999 ( PSR 2009), implemented EU Directive 2006/123/ EC on services in the internal market (the EU Services...
This playbook provides guidance for drafting and negotiating a services agreement for the supply of ongoing (term based) services from a pro-supplier perspective. It is designed to help supplier-side lawyers shape and negotiate ongoing service arrangements while keeping a pro-supplier stance. Sets out a preferred position and a fallback for the clauses most often debated. Not exhaustive; specific deals may raise additional points. Usable by in-house teams and private practice advisers acting for the supplier. Adapt the playbook to client requirements to protect interests; risk levels may vary by client. Built on Precedent: Services agreement—ongoing supply (without TUPE)—pro-supplier; for one-off work see Services agreement (one-off supply) playbook (pro-supplier). Read alongside Negotiation guide—services agreements for broader context and further fallback ideas. Defined terms are taken from Precedent: Services...
This playbook sets out guidance for preparing and negotiating a services contract covering a single supply of services, written from a pro-supplier standpoint. It outlines preferred stances and fallback alternatives for the clauses most frequently debated. It may not, though, cover every point that could surface in talks on a specific deal. It is not intended to be exhaustive for every negotiation scenario or circumstance. Rather, it serves as a practical aid that highlights positions, options and risks commonly encountered when agreeing one-off services in daily practice. Lawyers representing the supplier—whether in-house or in private practice—can rely on it. Users ought to tailor the content to client-specific matters to ensure their client’s interests are completely safeguarded. Risk levels indicated may shift according to the client. For the underlying template, see Precedent: Services agreement—one-off...
This playbook provides guidance for drafting and negotiating an agreement for the supply of goods from a pro-supplier perspective It sets out preferred stances and fallbacks for the clauses most frequently negotiated. While comprehensive, it will not cover every matter that may emerge in a specific deal. Suitable for supplier counsel, whether in-house or private practice, it should be tailored to address client-specific points and to protect the client fully. The risk profile indicated may vary by client. For a template agreement, on which this playbook is based, see Precedent: Supply of goods agreement—pro-supplier. For a pro-customer template supply of goods agreement, see Precedent: Supply of goods agreement—pro-customer. For a balanced short form supply of goods agreement, see Precedent: Supply of goods agreement—short form. For further information on drafting contracts for the supply of goods, see Practice Note:...
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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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