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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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Practice Note This Practice Note assists with identifying the applicable law in the courts of England and Wales for events causing damage that occurred on or after 1 January 2021, and is intended for matters arising in respect of such incidents. Please note that, where a conflict of laws arises between different jurisdictions within the UK, or between the UK and Gibraltar, Assimilated Rome II ( UK Rome II) is used if the harmful event took place on or after 11 January 2009. For events falling outside these periods, the UK courts will apply an alternative applicable law regime, determined by the date when the event happened. For an overview of the various regimes and how they relate to one another, see Practice Note: Applicable law regimes. This Practice Note reviews the provisions of UK Rome II, Regulation ( EC) 864/2007 concerning the law...
This Practice Note sets out the particular instances where legislation demands a contract to be in writing, covering assignments, contracts for the sale of land, equitable mortgages, assents, share transfers, transfers of intellectual property rights, and guarantees... When a written contract is beneficial or a necessity Contracts can come into being in three ways: orally, by conduct, or ‘under hand’ (in writing). For further detail on formation and interpretation, see: Formation and interpretation—overview. Simple contracts arise in ‘simple form’, whereas deeds must be executed in ‘solemn form’. See Practice Notes: Deeds and Executing documents—deeds and simple contracts. There are situations where writing is either required by law or necessary to meet registration rules. Statute requires contracts to be made or evidenced in writing for: assignments contracts for the sale or other dispositions of an interest in land (as distinct from the actual...
ARCHIVED: This Practice Note is archived and no longer maintained. For the 2020 iteration of the rule, refer to: Incoterms® 2020 Rules— CIF Cost insurance and freight. The ICC publications are reproduced here with the permission of 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. Incoterms® 2010 were superseded by Incoterms® 2020 with effect from 1 January 2020. For the CIF Incoterm in force from 1 January 2020, see Practice Note: Incoterms® 2020 Rules— CIF Cost insurance and freight. CIF (insert named port of destination) Incoterms® 2010 Guidance note This rule applies only to sea carriage or inland waterway transport. Under ‘ Cost, Insurance and Freight’, the seller delivers the goods on board the...
Updated in October 2025 Introduction China, formally the People’s Republic of China ( PRC), became a sovereign nation in 1949 and is governed by a sole political party, the Communist Party of China ( CPC). Covering roughly 9.6 million square kilometres, it is home to more than 1.4 billion people. The country comprises 23 provinces, five autonomous regions, two special administrative regions ( Hong Kong and Macau), and four municipalities under direct central administration ( Beijing, Shanghai, Tianjin and Chongqing). Beijing serves as the capital, and Mandarin is the official language. Ongoing economic and political reforms under the CPC have fostered political stability, economic freedom and legal certainty, positioning China as a top destination for foreign investment and as one of the world’s largest consumer markets. It is the world’s second-largest economy and actively pursues an open stance that promotes...
Updated November 2025 Chile stands as South America’s most economically stable nation and, per the World Bank, qualifies as a ‘high‑income economy’. It also records the region’s top economic freedom rating—22nd globally—according to the 2023 Index of Economic Freedom. This ranking signals its pro‑trade, pro‑investment stance, a clear and transparent regulatory framework, and a robust rule of law, all of which underpin sustained economic dynamism. Legal frameworks for operating in Chile Frameworks for operating in Chile In commercial practice, and under current Chilean legislation—which we outline in the next section—non‑residents have multiple avenues to invest in Chile. As a general principle, there are no restrictions on non‑residents conducting business in Chile or investing in domestic companies. Local law recognises several company forms. Owing to its versatility, the joint stock company ( Sociedad por Acciones ) is commonly preferred; however, the optimal vehicle will reflect investor...
This practical guidance concerns the regime preceding the Procurement Act 2023. It provides direction pertinent to public procurement processes started before PA 2023 took effect on 24 February 2025. It applies to procurements launched before the Act’s commencement. Any in-scope procurements initiated on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings measures, the earlier procurement frameworks remain in force so far as required for contracting authorities to finalise and administer procurements begun prior to commencement (i.e. ongoing procurements). This Practice Note should be read in that light. For background reading, consult Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical material on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview. That subtopic includes the following Practice Note: Challenging a public procurement award—time limits— PA 2023. What is the scope for...
As outlined in The economic torts—overview, the law provides safeguards for a person’s trade or business against conduct regarded as unacceptable. For guidance on claims concerning: procuring a breach of contract, see Practice Note: The tort of procuring a breach of contract intentional violation of rights in a judgment debt, see Practice Note: The Marex tort (interference with a judgment debt) conspiracy (by both lawful and unlawful means), see Practice Note: Civil conspiracy claims (economic tort) economic duress, see Practice Note: Economic duress—undue influence—tort of intimidation Civil proceedings that feature fraud or dishonesty frequently plead one or more of the economic torts, on which see Practice Note: Civil fraud—causes of action (heads of claim). What is the tort of unlawful interference? The tort of causing loss by unlawful means arises where a defendant interferes with the claimant’s economic interests by unlawful means, with the object and intention of causing the...
Updated in December 2025 Introduction Canada offers a steady, reliable and broad-based economy. It is the fourteenth-largest globally by total GDP, has a banking sector regarded as among the safest worldwide, and ranks within the top four G20 nations for ease of starting and running a business. Over the past decade, rapid expansion has created a strong operating climate, marked by the G-7’s lowest net debt-to- GDP and its most pro-business tax regime. With advantages including swift, dependable access to the vast North American marketplace via the United States– Mexico– Canada Agreement ( CUSMA), modest operating costs and corporation tax, and a highly skilled, well-educated talent pool, Canada’s performance routinely surpasses that of many other industrialised economies. Businesses can be structured in several forms in Canada. This Practice Note sets out key issues a new business should weigh before commencing operations in Canada. It is not...
Virtually every organisation engages in some sort of hospitality with existing or prospective business partners or clients. Gifts and hospitality can cover a spectrum of activities, from handing out pens bearing company logos to arranging charter flights overseas, or hosting lavish (and costly) meals and entertainment. Although giving gifts and hospitality is not, in itself, an issue, it can be deployed as a bribe in breach of the Bribery Act 2010 ( BA 2010), so you must ensure your organisation has procedures to verify that any gifts and hospitality are proper and legitimate. The BA 2010 does not provide explicit exemptions or clear assistance on what is acceptable and what is not. Consequently, working out what you may properly do can be tricky. This Practice Note outlines the potential offences if you misjudge matters, summarises government guidance, and considers policy and...
This Practice Note outlines the corporate criminal offence of failing to prevent bribery under section 7 of the Bribery Act 2010 ( BA 2010). It was the first economic crime offence to attach culpability to a company’s failure to stop an offence carried out on its behalf. See Practice Note: Corporate criminal liability. For background on the evolution of corporate criminal liability, see Practice Note: Corporate criminal liability reform—tracker. Corporate criminal liability for bribery—section 7 of the Bribery Act 2010 The failing to prevent bribery offence applies only to relevant commercial organisations ( RCOs), not to individuals. BA 2010 defines RCOs as: bodies incorporated, or partnerships formed, under the law of any part of the UK, that conduct business anywhere, i.e. within the UK or abroad bodies incorporated, or partnerships formed, anywhere that carry on any business in the UK Business includes a trade or...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit affects the service of court papers within the EU when the UK leaves the EU. It reviews the present framework under Regulation ( EC) 1393/2007 (the Service Regulation), outlines the UK and EU stances respectively, and sketches probable scenarios on the basis of information available. It also looks at challenges that could surface on exit and the alternative regimes that might support service of judicial and extra-judicial documents within the EU when seeking to serve parties there. For insight into routes to a deal or no deal outcome, see the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal ( June to September 2018), paragraph [35], which includes a helpful...
ARCHIVED: This Practice Note is archived and is no longer maintained. The transition period created to enable the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. That point in time, referred to in this Practice Note as ‘ IP completion day’, resulted in an immediate and significant shift to the UK’s legal framework. This Practice Note outlines the implications of that shift for agency. How does Brexit impact agency? Agency law Agency law in the UK stems from the common law and, for the most part, was unaffected by IP completion day; see Practice Notes: Nature and types of agency and What does IP completion day mean for contract clauses? [ Archived]. Commercial agency arrangements in the UK are governed by the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053 (...
ARCHIVED : This Practice Note is archived and no longer maintained. It reviews how the settlement rules apply from the UK’s exit from the EU on 31 January 2020 through to the end of the implementation period, which the EU describes as the transition period. It also examines whether that period can be extended, whether the settlement framework in the Mediation Directive 2008/52/ EC and the European Directive 2013/11/ EU on ADR operates during the implementation period, and the position thereafter. For a quick-reference Brexit research aid answering key Brexit questions and offering useful updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note uses a number of definitions: European Union ( Withdrawal) Act 2018— EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020— EU( WA) A 2020 exit day—defined in EU( W) A 2018, s...
Commercial Brexit News Analysis Lexis Nexis® Commercial has issued News Analysis on a range of matters relating to the consequences of Brexit, summarised below. 16 October 2023 — Weekly round-up of HMRC import, export and customs guidance—16 October 2023, LNB News 16/10/2023 19: Details of alterations to HMRC import, export and customs guidance for 10–16 October 2023. 3 October 2023 — Weekly round-up of HMRC import, export and customs guidance—3 October 2023, LNB News 03/10/2023 32: Information on updates to HMRC import, export and customs guidance covering 26 September 2023–3 October 2023. 25 September 2023 — Weekly round-up of HMRC import, export and customs guidance—25 September 2023, LNB News 25/09/2023 32: Notes on changes to HMRC import, export and customs guidance for 20–25 September 2023. 19 September 2023 — Weekly round-up of HMRC import, export and customs...
ARCHIVED : This Practice Note has been archived and is not maintained. It examines the impact of Brexit on contractual boilerplate provisions ahead of IP completion day. For information on the effect of IP completion day on boilerplate clauses, see Practice Note: What does IP completion day mean for contract clauses? The United Kingdom’s departure from the European Union on exit day, the implementation period, and the period thereafter each carry implications for the drafting, negotiation, and enforcement of contracts governed by English law. This Practice Note focuses specifically on the effect of Brexit on boilerplate clauses. ‘ Boilerplate’ refers to those provisions within an agreement that govern its operation and address legal points relevant to most transactions. Such terms are typically found at the beginning and the end of an agreement. Although often viewed as standard or...
ARCHIVED This Practice Note is archived and is not maintained or updated. It examines how Brexit could affect businesses’ contractual rights and duties for a business, and explores what Brexit means for managing contract risk in advance of IP completion day. For further information and guidance on the impact of IP completion day on contracts and, more generally, on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? The Note evaluates the effects of Brexit on companies’ contractual rights and obligations and addresses the ramifications of Brexit for contract risk management in practice. It offers practical step-by-step guidance on identifying contractual risk to businesses arising from Brexit and on conducting a Brexit risk-management contract audit and contract review process. See also: Brexit risk management: contract...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s tailored proposals for allocating jurisdiction in disputes will be a central concern for UK practitioners. This Practice Note examines how Brexit will influence the identification of jurisdiction and the interpretation of choice of court agreements on the UK’s exit from the EU. It first explains the present regime under Regulation ( EU) 1215/2012, Brussels I (recast). It then outlines the respective approaches of the UK and the EU and weighs the likely outcomes, so far as the current information permits. The Practice Note highlights issues that may surface when the UK leaves the EU. It also reviews alternative frameworks that may assist with jurisdiction determinations, namely the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. Finally, it addresses the drafting of a...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how Brexit may affect the determination and settlement of disputes through mediation or other forms of Alternative Dispute Resolution ( ADR) when the UK leaves the EU. It reviews the current position: the Mediation Directive 2008/52/ EC, implemented in England and Wales by the Cross- Border Mediation ( EU Directive) Regulations 2011, SI 2011/1133; and the relevant ADR directive, European Directive 2013/11/ EU on ADR, which amends Regulation ( EC) 2006/2004 and Directive 2009/22/ EC. That latter directive was transposed into the law of England and Wales by the ADR for Consumer Disputes ( Competent Authorities) Regulations 2015, SI 2015/542. The note then summarises the respective positions of the UK and the EU, considers likely potential outcomes arising on the UK’s exit from the EU, and...
ARCHIVED: This Practice Note has been archived and is no longer maintained or updated. It examines the impact of Brexit on the relevant rules for identifying the applicable (governing) law and the competent jurisdiction in the context of consumer contracts and disputes. Background On 31 January 2020 (exit day), the UK left EU membership and forfeited its right to take part in the political institutions and governance structures of the EU itself. Consistent with the transition provisions in Part 4 of the Withdrawal Agreement, exit day triggered an eleven‑month implementation phase in duration, during which the EU continued to regard the UK as a Member State for many purposes. This phase lasted until 11 pm on 31 December 2020, a date and time known as IP completion day. Throughout the implementation period, the UK was required to continue to comply fully with its duties under EU law...
Updated in November 2025 Introduction This Practice Note outlines essential points a company should weigh before starting operations in Bolivia. In the 1990s, Bolivia—much like many nations—pursued a broad programme to privatise state enterprises and certain public services, introducing complementary legislation that encouraged significant foreign investment. This was especially evident across hydrocarbons, telecoms, railways, electricity, water provision and, to a lesser degree, mining. The new century began with public pushback and social unrest against these measures. In Cochabamba, privatising the water system alongside notable tariff rises sparked the so-called 'water war'. Civil and political opposition culminated in the cancellation of the concession held by a group of foreign investors. This, in turn, led to an international arbitration claim that was ultimately settled. A comparable episode followed with the water utility in the main city of La Paz. Resistance to...
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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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