Featured documents
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:
Most recent Practice notes
CASE HUB ARCHIVED This archived case hub captures the position as at the decision of 5 July 2018 and is no longer being maintained. For further materials, see the timeline, commentary, and related/relevant cases. Case facts Outline of Case C‑27/17 AB ‘fly LAL‑ Lithuanian Airlines’, in liquidation, v Starptautiskā lidosta ‘ Rīga’ VAS and ‘ Air Baltic Corporation A/ S’—a Lithuanian reference seeking clarification on how the Brussels Regulation applies to abusive behaviour under Article 102 TFEU, with a particular focus on identifying the place where the harm arose. Latest developments On 5 July 2018, the Court of Justice handed down its judgment in Case C‑27/17, following a reference from the Court of Appeal in Lithuania, addressing the application of Regulation ( EC) No 44/2001 (the Brussels Regulation) to anticompetitive and abusive behaviour under Article 102 TFEU......
This table provides an overview of all concluded probes by Belgium’s competition watchdog (the Belgian Competition Authority— BCA) concerning suspected cartels, anti-competitive agreements and abuses of dominant positions ( Articles 101/102 TFEU and domestic counterparts) from 2018 onwards. Note—only publicly available decisions appear here. 2026 Investigations under Article 101 TFEU/ Article IV.1 of the Code of Economic Law Newspaper distribution Companies: bpost; DPG media; Mediahuis; PPP Issue: Restrictive agreements—bid rigging Development: Infringement decision announced—13/02/20256; fines totalling €11,898,483 imposed Investigations under Article 102 TFEU/ Article IV.2 of the Code of Economic Law The BCA has not yet delivered any decisions under Article 102/ Article IV.2 in 2026. 2025 Investigations under Article 101 TFEU/ Article IV.1 of the Code of Economic Law ...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment dated 13 March 2015; it is no longer updated. See the timeline, commentary and related cases. Case facts Outline: An appeal brought by AXA PPP Healthcare Limited against the CMA’s final decision following the private healthcare market investigation ( CAT case number 1228/6/12/14). Parties AXA PPP Healthcare Limited ( AXA) — one of the UK’s largest providers of private medical insurance ( PMI). Competition and Markets Authority ( CMA). Market(s) The matter concerns privately funded healthcare services in the UK, covering independent private hospitals as well as private patient units in NHS hospitals. AXA supplies PMI in the UK and enters agreements with private hospital groups for medical services; the three largest private hospital groups were the principal parties in the CMA’s private healthcare market...
CASE HUB ARCHIVED This archived hub sets out the position as at the decision date of 20 July 2017 and is no longer updated. See the timeline and related cases. Case facts Outline of the European Commission’s Article 101 TFEU investigation into restrictive agreements in the credit default swaps ( CDS) market (case reference AT.39745). Latest developments On 20 July 2016, following market testing, the Commission approved commitments proposed by ISDA and Markit. These undertakings are designed to ease access to their respective intellectual property and data for exchange trading purposes, thereby making it easier to trade CDS on exchanges......
This Practice Note distils the EU Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union ( TFEU) to horizontal co‑operation agreements (the Horizontal Guidelines). It also cites the revised Research and Development Block Exemption Regulation ( R& D BER) and the Specialisation Block Exemption Regulation ( SBER), collectively called the Horizontal Block Exemption Regulations ( HBERs). The Horizontal Guidelines explain how to apply the HBERs and how to assess other forms of co‑operation agreements, such as R& D, production, purchasing, commercialisation, information exchange, standardisation, standard terms and sustainability arrangements. Covered categories span R& D, production, purchasing, commercialisation, information exchange, standardisation, standard terms, and sustainability agreements, as listed in these Guidelines. NOTE— This Practice Note does not examine the HBERs or sustainability agreements in full. See these separate Practice Notes: EU competition law and research and...
NOTE—to see whether notification thresholds in Albania and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Albanian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues in Albania? In June 2020, Albania incorporated Directive ( EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 into its legal framework, aiming to enhance the effectiveness of national competition authorities and safeguard the proper functioning of the internal market (the ECN+ Directive). Notably, the measure was implemented through a soft law guideline, while EU Member States would ordinarily amend existing competition acts or enact separate legislation. In February 2024, the Albanian competition authority initiated public consultations on proposed amendments to Law No. 9121 on Competition Protection, as amended (the...
CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 2 September 2013; it is no longer maintained. See further, timeline and related cases. Case facts Outline: Summary of a UK merger review into AEG’s completed acquisition of the management contract to run and operate the Wembley Arena in London. Latest developments The CC cleared the deal without conditions on 2 September 2013, upholding its provisional conclusions. Parties Parties are AEG Facilities UK ( AEG) and Wembley Arena. AEG currently runs three other indoor live entertainment venues in London—the O2 Arena, the Hammersmith Apollo and Indig O2. It was recently awarded a five‑year agreement to stage summer concerts in Hyde Park. Wembley Arena is among London’s leading live entertainment venues and, before AEG assumed the contract, it was run by Live...
Note—to check if notification thresholds in Romania and worldwide are satisfied, please refer to: Where to Notify. 1. Have there been any recent developments regarding the Romanian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Romania? Romania’s merger control framework last changed with the Romanian Competition Council Merger Regulation adopted on 20 July 2017 (the 2017 Merger Regulation), which marked the most recent amendments and remains the reference for current practice. By contrast, notable changes have occurred in the Foreign Direct Investment ( FDI) screening sphere which, while separate from classical merger control, is highly pertinent for deals in Romania, influencing pre-closing obligations and related filings. From April 2022, a new statute governing FDI screening took effect: Government Emergency Ordinance No. 46/2022 on foreign direct investments ( GEO 46/2022), which gives effect to...
1. What is the applicable legislation? The Wet veiligheidstoets investeringen, fusies en overnames ( Investments, Mergers and Acquisitions ( Security Screening) Act) ( Vifo Act 2023) took effect on 1 June 2023. That same day, two implementing decrees also commenced: Besluit Veiligheidstoets investeringen, fusies en overnames ( Investments, Mergers and Acquisitions ( Security Screening) Decree); and Besluit Toepassingsbereik Sensitieve Technologie ( Sensitive Technology Scope ( Vifo Act) Decree) ( Sensitive Technology Decree 2023). Alongside the Vifo Act, the Netherlands operates additional FDI-screening frameworks for the gas, electricity and telecommunications sectors, embedded in the following statutes: Gaswet ( Gas Act 2000); Elektriciteitswet ( Electricity Act 1998); Wet ongewenste zeggenschap telecommunicatie ( Telecommunications Sector ( Undesirable Control) Act 2020); and Wet windenergie op zee ( Offshore Wind Act 2015). This chapter will not discuss the Dutch...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 794/25 ARCHIVED — this case hub captures the position as at the decision of 5 September 2025; it is no longer maintained. See further, timeline and relevant/related cases. Case facts Outline European Commission Article 102 TFEU investigation into Google’s alleged restriction of competition in the advertising technology sector ( AT.40670). Latest development On 5 September 2025, the Commission adopted an infringement decision and imposed a €2.95m fine for abuse of a dominant position in adtech by favouring its own display adtech services, to the detriment of rival adtech providers, advertisers and online publishers. Parties Google: a US multinational technology company. Its leading service is the Google Search engine. Google also provides widely used services, such as the You Tube video platform and the Android mobile operating...
1. What is the applicable legislation? On 13 November 2025, the Act on Screening of Foreign Investments, Official Gazette No 136/2025 ( FDI Act 2025), took effect. 2. Which government or other body (or bodies) reviews foreign investments? Under the FDI Act 2025, foreign investments are examined through a two-tier process involving the Ministry of Finance and an FDI Commission. On 13 November 2025, the Act on Screening of Foreign Investments, Official Gazette No 136/2025 ( FDI Act 2025), took effect. The Ministry of Finance serves as the principal authority, issuing the ultimate administrative ruling on a notified foreign investment, based on the FDI Commission’s opinion. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (e.g. foreign or non- EU / non- WTO)? Are there specific rules for certain types of investors (e.g....
Note—to check whether notification thresholds in Oman and across the world are met, please see: Where to Notify. 1. Have there been any recent developments regarding the Omani merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Oman? Competition, anti-monopoly and merger control in Oman are governed by Royal Decree No. 67 of 2014 promulgating the Competition, Protection and Monopoly Prevention Law (as amended), together with its Executive Regulation issued by Ministerial Decision No. 18 of 2021 (collectively, the Competition Laws). Article 3 provides that the law applies to all economic or commercial activities practised in Oman, as well as any such activities undertaken outside Oman that have ‘consequences prevailing in Oman’. The Competition Protection and Monopoly Prevention Centre (now integrated into the Ministry of Commerce, Industry and Investment Promotion in Oman) (the CPMPC) is the...
NOTE—to see whether notification thresholds in the EU and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding and are any updates/developments expected in the coming year? Are there any other ‘hot’ issues? As of 12 January 2023, Regulation 2022/2560 on Foreign Subsidies ( FSR) came into force. With this instrument, the Commission aims to tackle potential distortions to competition within the EU arising from significant financial support granted by non- Member States. The FSR imposes compulsory notifications for concentrations and public procurement procedures that cross specified thresholds, and also authorises the Commission to open ex-officio inquiries into foreign subsidies in other settings. For mergers, from 12 October 2023, the FSR requires a separate, standalone filing—on top of any required merger control notification—for deals meeting the following criteria: (i) the target, joint venture, or at least one...
NOTE—to check whether notification thresholds in Cameroon, and across the globe, are satisfied, consult: Where to Notify. 1. Introduction Cameroon’s merger control framework is set out in Articles 14 to 20 of Law No. 98/013 dated 14 July 1998 (the Competition Law). Mergers and acquisitions must be filed on a mandatory basis where the relevant financial thresholds are met, with notification required to the National Competition Commission (the Commission). The Commission is an autonomous authority empowered under title 3 of the Competition Law and is the body authorised to investigate and approve a merger. Its determinations may only be reviewed, as both first and final instance, by the Yaoundé Court of First Instance......
The spreadsheet below provides details on merger-related penalties imposed by competition authorities worldwide as of 2014 onwards The table beneath outlines sanctions for mergers levied by global competition regulators from 2014 to the present......
Note—to check whether notification thresholds in Tanzania and globally are met, please refer to: Where to Notify. 1. Have there been any recent developments regarding the Tanzanian merger control regime and are any updates/developments expected? Are there any other ‘hot’ merger control issues in Tanzania? The Fair Competition ( Amendment) Act No.13 of 2024 ( Amendment Act) was enacted on 3 September 2024 and took effect on 11 October 2024. It brings reforms intended to create a more responsive and competitive market. A key update is the Fair Competition Commission’s ( FCC) discretion to approve mergers on broader public interest grounds, including technological progress, greater efficiency, and strategic investment. Spurred by the Chalinze Cement case—which highlighted the tension between monopoly control and economic expansion—the new section 11A enables the FCC to assess further elements such as: Efficiency in resource allocation and technical...
Note— To verify whether notification thresholds in Poland and throughout the world are met, please see: Where to Notify. 1. Have there been any recent developments regarding the Polish merger control regime? What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Poland? The most recent significant changes to the Polish merger control framework took effect in 2015, introducing a two-stage process ( Phase 1 and Phase 2). In most instances, where there are no notable horizontal or vertical overlaps between the participating undertakings on the relevant markets, filings are concluded at Phase 1. Where transactions are more intricate or give rise to competition doubts, the Polish Competition Authority ( OCCP) may launch an in-depth Phase 2 investigation. The latest figures released by the OCCP, covering 2024, indicate that Phase 2...
Prepared in collaboration with a partner and Zahrah Juman, legal executive, at the Mauritius office of global offshore law firm Appleby, covering key issues on merger control in Mauritius. Note—to check whether notification thresholds in Mauritius and worldwide are met, see: Where to Notify. Mauritius is also a COMESA member operating a supra-national merger control regime. 1. Have there been any recent developments regarding the Mauritian merger control regime and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Mauritius? No new legislation or major revisions are anticipated in the near term. Following the 2021 amendment to the Competition Act 2007 (the Act) introducing provisions (i) protecting the Competition Commission of Mauritius (the Commission) and its officers from liability and (ii) safeguarding informers, the Act was further amended in 2019 to provide that every person...
NOTE—to check whether filing thresholds in ECOWAS and across the globe are met, consult Where to Notify. 1. Have there been any recent developments regarding the ECOWAS merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in ECOWAS? The Economic Community of West African States ( ECOWAS) is a regional organisation comprising 12 member states (being, Benin, Cabo Verde, Côte d' Ivoire, Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Nigeria, Senegal, Sierra Leone, and Togo). Burkina Faso, Mali, and Niger withdrew from ECOWAS with effect from 29 January 2025. In May 2019, ECOWAS adopted a supra-national competition framework for its member states. The regional merger control system is anchored in Supplementary Act A/ SA.1/12/08 on Community Competition Rules and the Modalities of Their Application within ECOWAS ( Competition Rules Act 2008). In tandem, ECOWAS enacted the...
STOP PRESS : This guide is in the process of being revised after the COMESA Competition Commission issued a press statement confirming the revocation of the existing COMESA Competition Regulations and Rules and the introduction of replacement Regulations and Rules. The regime originally took effect on 14 January 2013. COMESA now consists of 21 African Member States: Burundi, Comoros, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Somalia, Sudan, e Swatini ( Swaziland), Tunisia, Uganda, Zambia and Zimbabwe. The COMESA Competition Commission (the COMESA Commission) administers regional competition policy and a supra-national merger control system founded on the COMESA Competition Regulations (the Competition Regulations) and the COMESA Competition Rules (the Competition Rules). NOTE—to check if notification thresholds in COMESA and worldwide are satisfied, consult: Where to Notify. 1. Have there been any recent...
Popular documents
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 ]...
Discover more from LexisNexis
