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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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CASE HUB ARCHIVED – this archived case hub sets out the position as at the cancellation of the investigation on 21 May 2020 following the abandonment of the deal; it is no longer maintained. See also the timeline and commentary. Case facts Outline of the UK merger inquiry into the proposed purchase by Kingspan Holdings ( Panels) Limited of Building Solutions ( National) Limited. The transaction created horizontal overlaps in the UK supply of standard foam panels and single skin construction sheets. Latest developments On 21 May 2020, the CMA officially terminated its phase 2 probe after the parties chose to drop the planned transaction. Parties Kingspan Holdings ( Panels) Limited ( Kingspan): a building materials business, headquartered in Ireland and listed on the Irish Stock Exchange. Building Solutions ( National) Limited ( Building Solutions): a leading UK manufacturer and distributor of building envelope...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 8 August 2014; it is no longer maintained. See further, timeline. Case facts Outline A UK merger investigation into the anticipated acquisition by Omnicell Inc/ MTS Medication Technologies Inc of Surgi Chem Limited. The transaction features horizontal overlaps across the markets for supplying adherence packaging and other related products to pharmacies. Latest developments On 8 August 2014, the CMA issued its final decision and unconditionally cleared the merger in full. Parties Omnicell Inc is a US-based company that provides medication and supply management solutions to the healthcare industry. MTS Medication Technologies Inc ( MTS), a subsidiary of Omnicell, offers innovative medication adherence packaging solutions. Surgi Chem Limited supplies medication adherence packaging systems and solutions to the UK community and homecare sector. Surgi Chem is currently owned by...
CASE HUB ARCHIVED This archived case hub captures the position as at the decision date of 22/10/2025 and is no longer being updated. See the timeline for further information. Case facts Outline CMA DMCCA 2024 investigation into whether Google should be designated as having SMS in the provision of its mobile platform. Latest development On 22 October 2025, the CMA issued its final decision, designating Google as having SMS in relation to its mobile platform. Parties Google Background On 23 January 2025, the CMA released an investigation notice setting out its grounds for commencing the investigation. On the same day, it issued an invitation to comment ( ITC) outlining the scope of the investigation, the main avenues of investigation, and the potential issues and interventions it is considering. Between January to......
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision of 18 October 2022; it is not being updated any further. For more details, please see the timeline provided. Case facts An outline of the official UK remittal investigation into Facebook, Inc (now Meta Platforms, Inc)’s completed purchase transaction of Giphy, Inc. The deal features horizontal overlap within markets and sectors for the retail of sports fashion footwear and clothing. Latest developments On 18 October 2022, the CMA published its final report in its phase 2 investigation, again concluding the merger has led to an SLC in UK display advertising services due to horizontal effects, and in social media services globally (including the UK) owing to vertical effects. Consequently, the CMA determined that divesting Giphy to an appropriate buyer is the only available remedy that would be most...
CASE HUB Archived —this archived case hub sets out the position as at the decision date of 4 June 2021; it is not being updated at present. See further, timeline. Case facts Outline of the UK remittal concerning the completed purchase by FNZ ( Australia) Bidco Pty Ltd of GBST Holdings Limited. The deal features horizontal overlaps in the provision of solutions, specifically comprising software and/or servicing, for retail investment platforms in the UK. Latest developments On 4 June 2021, the CMA published its final report from the phase 2 inquiry, concluding that the merger has led to, or could be expected to lead to, an SLC in the supply of retail investments platform solutions in the UK. Consequently, the CMA determined that a full divestment of GBST, while allowing FNZ an option to repurchase specified assets of GBST’s capital markets business, is the most effective and...
CASE HUB NOTE—appeal lodged before the CAT in Sabre Corporation v CMA Archived This archived case hub captures the position as at the decision dated 9 April 2020 and is no longer updated. See also the timeline and commentary. Case facts Overview: a UK merger investigation into the anticipated acquisition by Sabre Holdings Corporation of Farelogix Inc. The deal features horizontal overlaps in the market for IT systems used by airlines and travel agents to sell airline tickets—namely, the provision of merchandising solutions and the provision of distribution solutions. Latest developments On 9 April 2020, the CMA issued its phase 2 final report, concluding the transaction has resulted, or could be expected to result, in an SLC within the supply of merchandising solutions worldwide and within the supply of distribution solutions worldwide. Accordingly, the CMA decided to prohibit the transaction in...
CASE HUB ARCHIVED This archived case hub records the position as at 2 November 2020, when the investigation was cancelled following the abandonment of the transaction; it is no longer updated. See the timeline for further details. Case facts Outline of the UK merger investigation into the anticipated acquisition by Yorkshire Purchasing Organisation of Findel Education Limited. The parties overlap in supplying a broad spectrum of educational resources, including stationery, furniture, and art and science materials, to various types of educational institutions across the UK. Latest developments On 2 November 2020, the CMA formally cancelled its phase 2 investigation after Yorkshire Purchasing Organisation chose to abandon the proposed transaction. Parties Yorkshire Purchasing Organisation ( YPO): A public sector buying organisation operating under the Local Authority ( Goods & Services) Act 1970 and governed equally by 13 ‘ Founder Member’ local authorities. The Council of the City of...
CASE HUB ARCHIVED —this stored case hub captures the status as at the decision date of 25 August 2022; it is not being updated any longer. See also the timeline and commentary for details. Case facts Outline UK merger probe concerning Veolia Environment S. A.’s completed purchase of a minority stake in Suez S. A., together with Veolia Environment S. A.’s planned public takeover offer for the balance of Suez S. A.’s share capital. The firms intersect in providing water treatment and waste management services to municipal and industrial clients across customer groups. Latest developments On 25 August 2022, the CMA published its phase 2 final report, concluding that the deal has led to, or could foreseeably lead to, an SLC across seven markets in total in the UK waste and water management services sector. To address the SLC, the CMA determined that the optimal remedy was the full...
CASE HUB NOTE—appeal lodged before the CAT in 1332/4/12/19 ARCHIVED —this archived case hub reflects the position at the data of the decision of 15 August 2019; it is no longer maintained. See further, timeline and commentary Case facts Outline UK merger probe into Tobii AB’s completed purchase of Smartbox Assistive Technology Limited and Sensory Software International Limited. Tobii AB and Smartbox Assistive Technology Limited and Sensory Software International Limited represent the two biggest developers and suppliers of augmentative and assistive communication ( ACC) technology that helps people with complex speech and language needs to express themselves. The portfolio covers specialist hardware and software, including alarm systems, speech‑generating devices and hearing technologies. Latest developments On 15 August 2019, the CMA published its phase 2 final report. It concluded the deal gave rise to significant competition concerns because Tobii AB and Smartbox Assistive Technology Limited and Sensory...
CASE HUB ARCHIVED This case hub, now archived, sets out the position as at the decision date of 22 November 2018 and is no longer maintained or updated. For more, see the timeline. Case facts Outline of the UK merger investigation into Nielsen Holdings PLC’s proposed purchase of Ebiquity PLC’s advertising intelligence arm. The deal creates horizontal overlaps within the markets for detailed advertising intelligence. Latest developments On 22 November 2018, the CMA published its final report and cleared the merger without conditions. Parties Acquirer: Nielsen Holdings PLC ( Nielsen) is a UK‑headquartered supplier of global information, data and measurement services, also delivering market research, insights and data on what people watch, listen to and purchase. Target: Ebiquity PLC (previously known as Thomson Intermedia) is a UK‑headquartered provider of independent marketing analytics to brands worldwide. Nielsen intends to buy Ebiquity’s advertising intelligence ( Ad Intel) business division...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 11 October 2018; it is no longer maintained. See further, timeline and commentary. Case facts Overview UK merger probe concerning the concluded purchase by Vanilla Group Ltd ( JLA) of Washstation Ltd. The deal comprises horizontal overlaps within markets for renting and servicing washing machines and tumble dryers supplied to universities, colleges, and providers of student accommodation for use by students. Latest developments On 14 March 2019, the CMA issued a notice (dated 8 March 2019) levying a penalty on JLA and Vanilla for breaching an initial enforcement order made by the CMA on 13 December 2017. The combined sanction totalled £120,000. For context, during the CMA’s phase 2 inquiry, the monitoring trustee (appointed by JLA) informed the CMA in June 2018 that JLA had sold several laundry machines to...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 16 June 2016; it is no longer maintained. See further, timeline and commentary. Case facts Outline of the UK merger investigation into Iron Mountain Incorporated’s anticipated acquisition of Recall Holdings Limited. The deal exhibits horizontal overlaps across markets concerned with the provision of records and information management services. Latest developments On 16 June 2016, the CMA issued its final report and cleared the merger subject to remedies, having concluded the transaction could give rise to an SLC in relation to the supply of both RMS and OSDP services in each of the Aberdeen and Dundee areas, as well as the supply of RIMS to the oil and gas sector in Aberdeen. Under the remedy imposed by the CMA, Iron Mountain must divest Recall’s existing operations in Aberdeen and Dundee, known as C21 Data...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 31 October 2017; it is not updated. For more, see the timeline. Case facts UK merger probe into the completed purchase by Euro Car Parts Limited of assets from the Andrew Page business, involving horizontal overlaps in markets supplying car parts to independent garages. Latest developments On 4 September 2018, the CMA issued its case closure summary, formally bringing the inquiry to a close. Parties Euro Car Parts Ltd ( ECP) is the UK subsidiary of LKQ Corporation ( LKQ). LKQ is a major supplier of alternative and speciality components to repair and accessorise automobiles and other vehicles, and it also designs, makes and supplies automotive glass to original equipment manufacturers. It operates in North America, Europe, China and Taiwan. The Andrew Page business ( AP Business) consists of...
CASE HUB ARCHIVED — this archived case hub reflects the position as at the decision date of 21 August 2023; it is no longer obtained. See the timeline and commentary for further details Case facts Outline UK merger investigation into the proposed acquisition by Broadcom Inc. of VMware, Inc. The deal features horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters, and storage adapters. Latest developments On 21 August 2023, the CMA published its final report, granting unconditional clearance. The CMA upheld its provisional view that: (i) any prospective financial gain to Broadcom Inc and VMware Inc from making competitors’ products operate less effectively with VMware Inc’s software would be outweighed by the financial downside from lost business; and (ii) the merger is unlikely to hinder innovation, particularly because information on new product adaptations only has to be shared with VMware Inc at a point when it is...
CASE HUB ARCHIVED This archived case hub captures the position as at the decision dated 12 March 2020; it is no longer maintained. See the timeline, commentary and the related case. Case facts Outline of the UK merger investigation into Bauer Media Group’s completed acquisitions of parts of Celador Entertainment Limited, Lincs FM Group Limited and Wireless Group Limited, together with the entire business of UKRD Group Limited. Latest developments On 12 March 2020, the CMA published its final report, granting conditional clearance following an in-depth phase 2 enquiry. Parties Bauer Media Group ( BMG): A German multimedia conglomerate based in Hamburg, managing a portfolio of more than 600 magazines, over 400 digital products and 50 radio and television stations worldwide. The portfolio also includes print shops, postal, distribution and marketing services. Celador Entertainment Limited ( Celador): Provides advertising services across radio, television and digital media;...
CASE HUB ARCHIVED This archived case hub sets out the position as at the decision date of 2 November 2016 and is not being updated. For more, see the timeline, commentary and related cases. Case facts Outline of the UK merger inquiry into Arriva Rail North Limited’s completed purchase of the Northern Rail franchise. The deal gives rise to horizontal overlaps across rail services in the North of England. Latest developments On 2 November 2016, the CMA published its final report, approving the deal subject to remedies. It concluded the merger may result in an SLC on three rail corridors: Leeds to Sheffield Wakefield to Sheffield Chester to Manchester Following additional evidence since the provisional findings, the CMA identified no competition concerns on other rail routes, nor on routes where Arriva’s bus services overlap with Northern rail franchise routes. To resolve the issues...
CASE HUB ARCHIVED This archived case hub sets out the status as at the decision date of 9 May 2023; it is not being updated. See further, timeline. Case facts Outline of the UK merger investigation into the anticipated acquisition by Viasat, Inc. of Inmarsat Group Holdings Limited. The deal features horizontal overlaps in the supply of in-flight connectivity for aircraft. Latest developments On 9 May 2023, the CMA published its final report, granting unconditional approval. It found that although the firms are close competitors (notably in supplying wi-fi connectivity on board flights), the deal would not lessen competition for services on flights used by UK customers because: (i) the satellite industry is growing quickly and changing in response to rising demand for satellite connectivity, largely fuelled by ever-increasing internet use by businesses and consumers; and (ii) the merged firm would face cumulative constraints from other...
CASE HUB ARCHIVED This archived case hub sets out the status as at the decision dated 16 March 2022; it is no longer updated. See timeline for more. Case facts Outline the UK merger probe into Sony Music Entertainment’s completed purchase of AWAL and the Kobalt Neighbouring Rights business from Kobalt Music Group Limited. Latest developments On 16 March 2022, the CMA published its final report, clearing the deal unconditionally. Parties Sony Music Entertainment ( SME): is a subsidiary within the Sony Group Corporation ( Sony) AWAL and Kobalt Neighbouring Rights ( KNR) Background On 1 February 2020, Sony and Kobalt Music Group Limited ( Kobalt) announced, in a joint announcement, that SME had signed a definitive deal to buy 100% of the shares and related assets of specific KNR subsidiaries, securing AWAL, Kobalt’s recorded music label and distribution business operation mainly serving independent recording artists, and KNR,...
CASE HUB ARCHIVED This archived case hub records the position as at the decision date of 3 June 2015; it is no longer maintained. See the timeline for more information... Case facts Outline UK merger inquiry into the completed purchase by Pork Farms Caspian Limited ( Pork Farms) of the chilled savoury pastry division of Kerry Foods Limited ( Kerry). The deal created a horizontal overlap in the manufacture and supply of branded and own‑label chilled savoury pastry pork products to the food retail market... Latest developments The CMA published its final report on 3 June 2016 and cleared the merger unconditionally, upholding its provisional conclusions... Parties Pork Farms specialises in producing and supplying branded and own‑label chilled pork products, with development and manufacturing carried out across four UK sites. It is owned by the private equity firm Vision Capital LLP. Kerry’s chilled savoury pastry business likewise...
CASE HUB ARCHIVED – this archived case hub reflects the position as at the decision date of 20 December 2017 and is no longer maintained. See timeline, commentary and related cases. Case facts Outline of the UK merger review into the expected acquisition of Booker Group plc by Tesco plc. The deal includes horizontal overlaps in grocery retailing alongside other non‑horizontal overlaps. Latest developments On 20 December 2017, following its phase 2 investigation, the CMA cleared the transaction unconditionally, confirming its provisional conclusions. Parties Tesco plc is a UK‑headquartered grocery and general merchandise retailer, the largest grocer in the UK, also selling general merchandise, clothing, petrol, mobile telephone services and banking services. In the UK it runs over 3,500 stores (covering supermarkets and convenience stores). Tesco has stores in 12 countries across Asia and Europe. It also owns Tesco Bank, Tesco Mobile (an MVNO operating in the UK) and...
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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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