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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 explores what is required for a legally binding offer. It covers: the meaning of ‘offer’ how to distinguish an offer from an invitation to treat, with common examples types of offer, ie proposals ‘subject to contract’, heads of terms, and unilateral contracts the ways in which offers can be terminated For practical guidance on valid acceptance, see Practice Note: Forming contracts—acceptance. For the court’s general approach to contract formation, see Practice Note: Forming enforceable contracts—the court's general approach. Note: Part 36 settlement offers made under CPR 36 fall outside the usual rules of contract law and are governed by the specific regime set out in CPR 36. For guidance on what constitutes a valid Part 36 offer, see Practice Note: Part 36 offers—how to make a valid Part 36 offer. The elements of a legally binding offer the...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is archived and no longer maintained. It addresses the scenario in which the UK and the EU do not conclude an agreement on jurisdiction following the UK’s exit from the EU. Across the implementation period starting on exit day (ie the date the UK leaves the EU), the provisions of the withdrawal agreement will apply. For guidance on the implementation period and the effect of the withdrawal agreement on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction [ Archived]. The Note assesses the impact of the UK departing the EU on exit day without a deal on jurisdictional issues in UK court proceedings that involve EU Member States. Exit day has the meaning assigned by section 20 of the European Union ( Withdrawal) Act 2018, as amended......
ARCHIVED : This Practice Note addresses the scenario where the UK and the EU fail to reach any accord on settlement procedures after the UK’s departure from the EU. Throughout the implementation period commencing on exit day—the date the UK leaves the EU—the provisions of the withdrawal agreement will apply. For guidance on the implementation period and the effect of the withdrawal agreement on taking of evidence, see Practice Note: Brexit implementation period—settlement [ Archived]. This Practice Note examines the implications of the UK leaving the EU without a deal for the mediation of disputes in civil and commercial matters. There are two principal UK instruments relating to a no deal Brexit and mediation. The first is The Cross– Border Mediation ( EU Directive) ( EU Exit) Regulations 2019, SI 2019/469, which sets out the revocation and saving of the Cross Border Mediation ( EU...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note, prepared in collaboration with Guy Pendell, Liz Williams and Kushal Gandhi of CMS, addresses the scenario in which the UK and the EU do not secure an agreement on jurisdiction after the UK’s departure from the EU. Throughout the implementation period beginning on exit day—the day the UK leaves the EU—the provisions of the withdrawal agreement will apply. For guidance on that period and the withdrawal agreement’s effect on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction [ Archived]. This Note considers the implications of the UK leaving the EU on exit day without a deal for jurisdictional issues in UK court proceedings that involve the European Free Trade Association ( EFTA) States that are parties to the Lugano Convention 2007, namely Iceland, Norway and...
ARCHIVED : This Practice Note addresses the position that arises where the UK and the EU fail to reach arrangements for the cross-border enforcement of judgments after the UK’s departure from the EU. During the implementation period that commences on exit day—that is, the day the UK leaves the EU—the provisions of the withdrawal agreement will apply throughout that period for enforcement. For guidance on the implementation period and the effect of the withdrawal agreement on enforcement, see Practice Note: Brexit implementation period—enforcement [ Archived]. This archived note examines, in particular, the implications of a no-deal exit for the enforcement of judgments arising from civil and commercial claims under the following instruments, namely: Brussels Convention, Regulation ( EC) 44/2001 ( Brussels I), Regulation ( EU) 1215/2012 ( Brussels I (recast)), Lugano Convention 2007 and EC- Denmark...
ARCHIVED: This Practice Note is archived and not maintained. It addresses the position at the close of the implementation period after the UK’s departure from the EU. Throughout the implementation period, which begins on exit day (ie the day the UK leaves the EU), the provisions of the withdrawal agreement apply. For guidance on the implementation period and the effect of the withdrawal agreement on service, see Practice Note: Brexit implementation period—applicable law [ Archived]. This note considers the consequences of the UK leaving the EU without a deal for deciding which law governs a dispute, ie the applicable law (also referred to as governing law). The principal UK measure addressing a no deal Brexit and applicable law is The Law Applicable to Contractual Obligations and Non- Contractual Obligations ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/834, which modifies two EU...
This Practice Note sets out pragmatic guidance on moving goods among the UK, Northern Ireland and the Republic of Ireland (and between these territories and other EU Member States). It also explains what to do where consignments could be deemed at risk of entering the EU, and outlines how companies can seek authorisation to move goods into Northern Ireland. Introduction During negotiations over the United Kingdom’s withdrawal from the European Union ( Brexit), both sides recognised the need to safeguard the 1998 Northern Ireland peace settlement (the Good Friday Agreement). The challenge was devising a workable answer to the reality that the Republic of Ireland would stay within the EU single market, while Northern Ireland would leave the EU alongside the UK. The initial approach proposed that the UK, including Northern Ireland, would continue within the EU customs union until a...
Section 54 of the Modern Slavery Act 2015 ( MSA 2015) requires certain organisations to prepare and make public an annual slavery and human trafficking statement. This Practice Note outlines how to produce a statement that complies with MSA 2015. It sets out what amounts to slavery for the purposes of MSA 2015, which organisations are obliged to publish a statement, the expected format and content, the internal steps for approval and signature, and the publication obligations, including when and how often the statement should be issued. What is slavery? MSA 2015 encompasses four activities, defined by reference to article 4 of the European Convention on Human Rights ( ECHR): Slavery: exercising powers of ownership over an individual Servitude: imposing an obligation to provide services through coercion Forced or compulsory labour: work or services demanded under threat of a penalty, without the person...
FORTHCOMING CHANGE: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and coming partly into force on that date. Parts 5 and 6 serve to amend aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Some DUAA 2025 provisions, covering matters such as dealing with data subject access requests and the conferring of power to make further regulations, came into immediate effect on 19 June 2025. Other provisions, addressing notices from the Information Commissioner and certain aspects of law enforcement processing, will take effect on 19 August 2025 (being two months from the date of...
Introduction This Practice Note is part of our LLB Contract Law suite, aimed at students. In contract law, a vitiating factor is something that damages the legal validity of the consent needed for a binding agreement. One such factor is misrepresentation, where one party makes a false statement to another. This Practice Note outlines misrepresentation in English contract law, showing how inaccurate pre-contract statements undermine real consent and render contracts voidable rather than void. It sets out the elements of an actionable claim (a false statement of fact or law, inducement and attribution), separates fraudulent, negligent and innocent misrepresentation, and reviews the key cases alongside the Misrepresentation Act 1967. Particular emphasis is placed on remedies, especially rescission and damages, and on the equitable bars to rescission (affirmation, lapse of time, impossibility of restitution, third-party rights and judicial discretion). Throughout, it brings together judicial...
This Practice Note is originally authored by Timothy Murray, Murray, Hogue & Lannis for publication on Lexis+ US, and is published with adaptations for the UK. This Practice Note sets out practical steps commercial practitioners can take to lessen the likelihood of disputes within the supply chain. It addresses co-ordination across the chain, diligence on suppliers, engaging legal advisers, and the contractual provisions that can be included to safeguard the client. The most effective way to deal with disputes is to make sure, so far as possible, that they do not arise at all. That requires drafting your client’s agreement so that it will: deter challenge when disputes appear imminent protect your client’s interests when challenges proceed These propositions may seem plain, yet they present distinctive difficulties in a supply chain setting. The solution to supply chain disputes is not in litigation tactics after a quarrel has begun....
Updated in October 2025 Introduction Mexico’s business, cultural and social landscape is continually advancing, as are the legal framework and the avenues for consolidation and ongoing expansion. Elements including consistent economic growth, a favourable demographic balance, structural reforms in pivotal industries, and Mexico’s enduring legal tradition position the country as a preferred jurisdiction for doing business. Mexico provides a range of grants and incentives to stimulate enterprise. Foreign-owned companies qualify for the same support as Mexican-owned entities. These incentives concentrate on employment generation, technological research and development, construction, and the expansion of small and medium-sized enterprises ( SMEs). The business environment Mexico has an extensive network of free trade agreements spanning North America, Europe, Japan, the Transpacific Partnership and much of Latin America, creating a compelling platform for international trade with significantly reduced tariff and non-tariff barriers. Strong government measures have targeted inflation, seeking to position Mexico on a...
This Practice Note outlines and explores the overarching principles that govern the advertising and promotion of medicinal products, together with the associated rules on how the pharmaceutical industry engages with healthcare professionals ( HCPs). Introduction to the advertising and promotion of medicinal products To safeguard public health, the advertising and promotion of medicinal products is subject to strict regulation and close oversight. The general rules for advertising and promoting medicinal products are: it is forbidden to advertise any medicinal product that does not hold a marketing authorisation ( MA) promotion of an authorised medicinal product must align with the particulars in the summary of product characteristics ( Sm PC) linked to the MA promotion of authorised medicinal products must not mislead and should foster the rational use of the product, presenting information objectively and without overstating its...
This Practice Note Examines the practical difficulties of global supply chains and the commercial lawyer’s role in building a resilient supply chain for a business. It reviews supply chain risk and the suite of tools available to lawyers to mitigate those risks, including assessing and managing partner risk, controlling risk through supply chain contracts, and supplementary approaches to risk management, as well as other methods for managing risk. Effective risk management in supply chains demands insight into both operational realities and the legal obligations that apply wherever a company’s direct and indirect suppliers operate. The increasingly global nature of manufacturing supply chains raises even further the difficulty of managing risk and amplifies the consequences of failure. This is compounded by uncertain geopolitical and financial landscapes across jurisdictions that disturb harmonious conditions between markets, as shown in 2025 by the US imposing tariffs on certain global...
Updated in January 2026 Introduction Despite its modest size, the Grand Duchy of Luxembourg ( Luxembourg) ranks among the world’s powerhouses for commerce and stands as a leading European financial and industrial centre. It draws investment banks, asset managers, funds and holding vehicles, as well as firms in information and communication technology and the space sector, from across the globe, positioning it as a favoured gateway into the EU and a major business hub. Owing to political, social and legal stability, and to the determination of its political class to nurture a business-friendly setting, Luxembourg has earned a name for pro-business legislation and administration. This guide, for companies looking to establish in Luxembourg, sets out a comprehensive overview of the key features of Luxembourg law that should be considered before beginning operations in Luxembourg. That said, however complete it appears, it is not an...
ARCHIVED This archived Tracker helps determine whether a state is a signatory to the Lugano Convention 2007 and if it has taken effect in that state. The EU has refused the UK’s request to accede to the convention in its own capacity. It is not updated and is provided purely for background. For fuller guidance on the extent to which the Lugano Convention 2007 will, after IP completion day (ie 31 December 2020, at 11 pm) and notwithstanding the EU’s rejection of the UK’s accession, still be applied by the courts of England and Wales, as well as by the courts of the remaining contracting states in matters involving a UK element, see the following Practice Notes: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Jurisdiction Lugano Convention 2007—application to the UK post IP completion day...
This Practice Note looks at exclusivity within contract negotiations. It covers negotiations and agreements to agree, exclusivity or lock-out arrangements, the obligation to negotiate in good faith, options, rights of first refusal or pre-emption, and break fees. For a template exclusivity agreement, see Precedent: Exclusivity agreement—commercial contracts. Negotiations and agreements to agree Talks between parties to reach and close a transaction can be protracted, complex and subject to numerous amendments to terms. Considerable time and expense, including lawyers’ and accountants’ fees, are often incurred, which may ultimately be wasted if consensus is not reached and the deal is not finalised. Circumstances may shift owing to external influences, and findings from enquiries can alter the value of the subject of the deal as well as each side’s bargaining position. Where parties are contemplating a collaboration, joint venture or joint tender, there is frequently a period of due...
FORTHCOMING CHANGE : On 13 October 2025, the Ministry of Housing, Communities and Local Government ( MHCLG) opened a consultation on enhancements to the Local Government Pension Scheme ( LGPS) in England and Wales. Among other measures, it sets out a reset of Fair Deal protections, bringing the scheme into line with the 2013 Fair Deal guidance and phasing out the use of ‘broadly comparable’ pension schemes for future outsourcing, except in limited exceptional cases. Rather than relying on admission bodies, a new default ‘deemed employer’ approach would allow all staff compulsorily moved under TUPE to keep uninterrupted LGPS membership, with the original Fair Deal employer remaining accountable for pensions. These safeguards would roll forward through re-tenders and later transfers, protecting access for ‘protected transferees’ and, where the employer chooses, for new starters on the contract. For members currently in broadly...
We have created a collection that brings together the wide-ranging ESG and sustainability matters for business in a hub, enabling practitioners to navigate this complex landscape. With this material, practitioners will be able......
This Practice Note is a practical ‘how to’ guide on managing consumer complaints. It is a clear and commercially focused document that sets out the processes, systems, policies and procedures organisations should have in place, from first contact with a consumer, right through escalation, to the subsequent PR handling and management of adverse publicity. Consumers are a sub-set of all customers. This Practice Note concentrates on specific individuals acting for purposes that are wholly or mainly outside their trade, business, craft or profession. Where this note expressly refers to customers, it means customers in their consumer capacity. Where appropriate, this Practice Note signposts readers to additional detailed content on relevant consumer law and related practice, where necessary. Why is good customer service necessary? It is vital that customers have a positive experience with the trader so they return again and again. Customer service...
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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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