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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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ARCHIVED: This Practice Note is archived and is not maintained, and will not receive further updates. It outlines the consequences of IP completion day for breaches of contract and the remedies available. The implementation period created to allow the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. At that moment (called ‘ IP completion day’ in this Practice Note) immediate changes arose that affect contracts within the UK. This Practice Note sets out how those changes relate to breach and remedies and signposts to more detailed content and analysis where you can learn more. How does Brexit impact contract breach and remedies? The rules on making and construing contracts in England and Wales are predominantly grounded in, and developed by, the common law, which was not directly altered by IP...
This Practice Note sets the scene from an advertising and marketing perspective, rather than a purely legal one, for drafting consumer standard terms and conditions under the Consumer Rights Act 2015 in the context of non-broadcast advertising. It reviews the marketing framework within which those terms function and highlights how lawyers can enhance them. For further reading, see: Advertising law and regulation—overview. Our suite of business-to-consumer ( B2C) contract templates and drafting guidance, including ‘ Drafting contracts with consumers’ in Trading with consumers—overview and Drafting consumer contracts—checklist. Guidance on boilerplate provisions in B2C contracts: Practice Notes— Boilerplate clauses in business-to-consumer contracts—general principles and Boilerplate clauses in business-to-consumer contracts—specific clauses. Advertising regulation The primary regulator for non-broadcast advertising is the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), devised, updated and enforced by the Committee of...
This Practice Note sets out the restriction in Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), and Chapter V of the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), concerning the movement of personal data beyond the UK or the EEA or to international organisations. ‘ Assimilated law’ is the term applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related expressions) as assimilated law signals a shift in its standing and handling under UK law, meaning it is, in general, to be read in line with ordinary domestic rules and principles. From 1 January 2024, REUL is treated as ‘assimilated’ within domestic law because, in broad terms, it is divested of EU-derived...
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This guide outlines the requirements for forming contracts across numerous international jurisdictions. The table offers a quick‑reference overview of the criteria for binding contracts, and for individuals and partnerships, in a variety of countries. More comprehensive guidance on each overseas jurisdiction included in the table is provided in the sections below. For details on executing contracts in different jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For details on executing deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For details on electronic signatures in different jurisdictions, see Practice Note: E‑signatures—jurisdictional guide. For information on contract formation under Scots law, see Practice Note: Key differences in the law of contract between Scots and English law. Please note that this is an introductory guide only, and local advice from appropriate legal professionals in the relevant country should be sought where...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’— LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard...
What is insurance law? Insurance law divides into three strands: insurance contract law, setting the rules of the bargain between policyholders and insurers the law of intermediaries, governing insurance arranged via agents (as with the majority of placements) insurance company law, addressing prudential soundness, integrity and the supervision of insurers This Practice Note focuses chiefly on insurance contract law. For wider regulatory material, see our ‘regulation of insurance’ subtopic, including Insurance & Reinsurance—regulatory framework—overview and Insurance & Reinsurance— Regulated activities—overview. Reform of the insurance sector In January 2006, the Law Commission and the Scottish Law Commission (together, the Law Commissions) began consulting on modernising insurance contract law. Their programme was then separated into three streams: consumer insurance law reform: pre-contract disclosure and misrepresentation insurance contract law reform: business disclosure, warranties, insurers’ remedies for fraudulent claims, and late payment insurance contract law...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note provides general guidance for public procurement activities launched before the Procurement Act 2023 ( PA 2023) came into force and effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the earlier procurement regimes continue to operate as appropriate insofar as necessary for contracting authorities to finalise and oversee procurements initiated prior to commencement (ie procurements still ongoing). This Practice Note ought to be read on that footing. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance concerning PA 2023 is provided elsewhere in a separate subtopic: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 A contracting authority is required to apply one of the five...
Updated in March 2025 Introduction The Republic of Indonesia, home to an estimated 285.7 million people in 2025, continues to be Southeast Asia’s biggest economy and a major presence in the global economic arena. As worldwide focus shifts further towards Asia, Indonesia’s position as a prominent destination for trade and investment is unmistakable. As an ASEAN member, it benefits from the bloc’s resolve to widen and deepen collaboration among member states to establish a free trade zone, evidenced by the rapid enactment and development of the ASEAN Economic Community. Indonesia is the only Southeast Asian nation within the G20, the forum of the world’s wealthiest nations. The country’s abundant natural resources underpin its prosperity, with significant revenues derived from petroleum, natural gas, and other mining activities. Agriculture also remains a vital component of the economy. By 2030, Indonesia is forecast to be among the world’s top ten...
Updated in December 2025 Introduction India remains one of the fastest growing economies globally. Foreign Direct Investment ( FDI) in FY 2024–25 reached US$80.62bn, the highest level in the past three financial years. In the first half of FY 2025–26, total FDI inflow was provisionally US$50.36bn, marking a 16% rise on the first half of FY 2024–25, which recorded US$43.37bn. As the world’s third-largest startup hub, India’s startup ecosystem is alive with innovation, ambition and a vibrant entrepreneurial mindset. Around 201,335 recognised startups have generated over 21 lakh jobs nationwide, with at least one recognised startup present in every state. This Practice Note offers a broad legal overview for doing business in India. It is drafted in general terms, and how it applies to any particular matter will depend on the specific circumstances. Readers should seek their own professional advice, and this Practice Note should not be...
This Practice Note provides the introduction to the Incoterms® 2020 rules, reproduced here with the permission of ICC Publishing SA. The Incoterms® 2020 rules, together with other ICC titles, can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn, London, WC1V 7QH, United Kingdom, as well as via www.iccwbo.org. Taking effect on 1 January 2020, the Incoterms® 2020 rules superseded the Incoterms® 2010 rules to mirror developments in the marketplace over the past ten years. For an overview of the Incoterms® 2010 rules, see Practice Note: Incoterms® 2010—introduction [ Archived]. Foreword By John W. H. Denton, AO, ICC Secretary General Expansion of the global economy has offered most companies unprecedented access to markets worldwide. As a consequence, goods are now traded in more jurisdictions, in larger volumes, in wider...
Article by article comparison of Incoterms® 2020 rules This Practice Note offers an article-by-article comparison of the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. Other ICC works are obtainable from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 rules to reflect market shifts over the past decade. For an overview of Incoterms® 2010, applicable until that date, see Practice Note: Incoterms® 2010—introduction [ Archived]. This Practice Note presents an article-by-article analysis of the Incoterms® 2020 rules, with each article examined separately across all Incoterms. For a comparison table that considers all Incoterms® 2020 articles together, see: General obligations This table contrasts the seller’s general obligations under A1 General...
This Practice Note contains the guidance for the FAS Free Alongside Ship Incoterm within the Incoterms® 2020 rules, reproduced here with the permission of ICC Publishing SA. Incoterms® 2020 rules and other ICC publications can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. Incoterms® 2020 took effect on 1 January 2020, updating the Incoterms® 2010 rules to reflect market changes over the preceding ten years. For the FAS Incoterm applicable until that date, see Practice Note: Incoterms® 2010 Rules— FAS Free alongside ship [ Archived]... Explanatory notes for users 1. Delivery and risk ‘ Free Alongside Ship’ indicates that the seller effects delivery to the buyer: when the goods are set alongside the vessel (eg on a quay or a barge) ...
DAP (insert named place of destination) Incoterms® 2020 This Practice Note sets out the guidance for the DAP Delivered at Place Incoterm within the Incoterms® 2020 rules, reproduced here with permission from ICC Publishing SA. Incoterms® 2020 and other ICC works are obtainable from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, as well as www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to mirror market developments over the past decade. For the pre‑2020 DAP term, see Practice Note: Incoterms® 2010 Rules— DAP Delivered at place [ Archived]. Explanatory notes for users 1. Delivery and risk ‘ Delivered at Place’ signifies the seller completes delivery—and passes risk—to the buyer: when the goods are made available to the buyer on the...
ARCHIVED: This Practice Note is archived and is not maintained For the 2020 version of the rule, see: Incoterms® 2020 Rules— FAS Free alongside ship. ICC publications are reproduced with permission from ICC Publishing SA. They can be obtained from: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org Incoterms® 2010 were superseded by Incoterms® 2020 on 1 January 2020. For the FAS term effective from that date, consult Practice Note: Incoterms® 2020 Rules— FAS Free alongside ship. FAS (insert named port of shipment) Incoterms® 2010 Guidance note This rule applies exclusively to sea or inland waterway transport. Under ‘ Free Alongside Ship’, the seller delivers once the goods are positioned beside the vessel chosen by the buyer at the named port of shipment (e.g. on a quay or a...
ARCHIVED: This Practice Note is archived and not maintained. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules— CIP Carriage and insurance paid to. ICC materials are reproduced here with permission from ICC Publishing SA. These and other ICC publications are available from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and www.iccwbo.org. With effect from 1 January 2020, Incoterms® 2020 rules superseded the Incoterms® 2010 rules. For the CIP term in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— CIP Carriage and insurance paid to. CIP (insert named place of destination) Incoterms® 2010 Guidance note This rule applies regardless of the transport mode chosen and may equally be adopted when multiple modes of transport are used. Under ‘ Carriage and...
FOB (insert named port of shipment) Incoterms® 2010 Guidance note ARCHIVED: This Practice Note has been archived and is no longer maintained. For the 2020 version of the rule, refer to: Incoterms® 2020 Rules— FOB Free on board. The ICC publications reproduced here appear with permission from ICC Publishing SA. They can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. Incoterms® 2010 rules were replaced by Incoterms® 2020 rules with effect from 1 January 2020. For the FOB Incoterm applicable from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— FOB Free on board. This rule is intended solely for sea or inland waterway transport. Under Free on Board, the seller places the goods on the vessel nominated by the buyer at the stated port of...
ARCHIVED : This Practice Note has been archived and is not maintained. For the 2020 version of the rule, see: Incoterms® 2020—introduction The ICC has authorised the use of its publications here via ICC Publishing SA. You can obtain these and other ICC titles from the following: ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom www.iccwbo.org From 1 January 2020, the Incoterms® 2010 rules were superseded by the Incoterms® 2020 rules. For details on the Incoterms® 2020 rules in force from 1 January 2020, see Practice Note: Incoterms® 2020— Introduction. Foreword By Rajat Gupta, ICC Chairman The expanding world economy now offers companies unprecedented reach into markets across the globe. Products are traded in more countries, at greater scale, and in wider ranges than ever. However, as...
This Practice Note sets out the guidance to the FCA Free Carrier Incoterm within the Incoterms® 2020 rules, reproduced here with permission from ICC Publishing SA. Incoterms® 2020 rules and other ICC publications are available from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to reflect market developments over the last decade. For the FCA Incoterm that applied until then, see Practice Note: Incoterms® 2010 Rules— FCA Free Carrier [ Archived]. FCA (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free Carrier (named place)’ indicates that the seller provides the goods to the buyer in one of two ways: First, where the named place is the...
DPU (insert named place of destination) Incoterms® 2020 — Explanatory notes for users This Practice Note presents the guidance for the DPU ( Delivered at Place Unloaded) Incoterm under the Incoterms® 2020 rules, reproduced with the permission of ICC Publishing SA. Incoterms® 2020 and other ICC publications can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to reflect market developments over the past decade. For the corresponding DPU/ DAT term that applied up to that date, see Practice Note: Incoterms® 2010 Rules— DAT Delivered at terminal [ Archived]. 1. Delivery and risk ‘ Delivered at Place Unloaded’ signifies that the seller delivers—and transfers risk—to the buyer when the...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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