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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 archived Practice Note considers the competition implications of adopting agency as a route to market. It was produced with the former Vertical Restraints Block Exemption Regulation 330/2010 and the 2010 Guidelines in mind—now replaced by the Vertical Block Exemption Regulation 2022/720 ( VBER 2022) and the 2022 Guidelines on Vertical Restraints (2022 Guidelines). This Practice Note is not kept up to date and is supplied for background purposes only. For an assessment of agency under Article 101 TFEU, the VBER 2022 and the 2022 Guidelines, see the relevant sections within Introduction to the application of Article 101 TFEU to vertical agreements, The Vertical Block Exemption Regulation 2022/720 and Analysing vertical agreements outside the Vertical Block Exemption Regulation 2022/720... A supplier can choose from several methods to distribute its offering. A supplier may: sell products or services directly appoint a...
CASE HUB See further, timeline. Case facts Outline A Belgian reference seeks clarification on whether certain FIFA provisions on the Status and Transfer of Players are compatible with Articles 45 and 101 TFEU. Latest developments On 30 April 2024, Advocate General Szpuanr issued an opinion suggesting that aspects of FIFA’s transfer rules might be incompatible with EU law. These rules are restrictive in nature and can only be justified in particular circumstances. Parties Applicants: Federation Internationale de Football Association ( FIFA) Defendants: BZ Markets Football Background to reference Background FIFA is the governing regulator for football. Its purpose is to draft and apply rules for the sport and related matters, and to secure their enforcement. Under FIFA’s statutes, a national association charged with organising and supervising football within a country may join FIFA provided, inter alia, it is already a member of one of the six continental...
Aftermarkets Aftermarkets matter greatly to producers of sophisticated technical equipment and to businesses following a ‘razors and razor blades’ commercial model. Competition concerns in aftermarkets are not limited to a single sector. While many disputes feature the technology industry, similar issues have appeared across a broad range of other fields. a primary product (eg equipment, hardware or software), and an aftermarket good or service (eg parts, repair services, or software support) The decisive arena is the downstream aftermarket, which frequently delivers highly profitable, repeat revenues coveted by proprietary equipment manufacturers as a way to recoup significant research and development spend. Independent service organisations ( ISOs) and other third parties offering rival aftermarket goods or services often clash with manufacturers. Producers may seek to avoid enabling ISO competition, while ISOs operating solely in the aftermarket may view competition from...
CASE HUB ARCHIVED This archived case hub sets out the position as at the date the notification was withdrawn on 18 December 2023; it is no longer updated and is not maintained any more. See the timeline for more. Case facts Outline European Commission merger review into the planned acquisition of Figma, Inc. by Adobe Inc ( M.11033). The deal features horizontal overlaps concerning the supply of screen design software. Latest developments On 18 December 2023, Adobe Inc and Figma, Inc. announced they had jointly decided to abandon Adobe Inc’s proposed purchase of Figma, Inc., in light of the Commission’s objections to the deal. The notification was withdrawn the same day. Parties Adobe Inc ( Adobe): Adobe is a US company headquartered in San Jose. It is a significant supplier of creative design software. Creative design software is used to create media assets such as photos,...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment dated 12 May 2015; it is no longer being maintained. See further: timeline, commentary and related/similar cases Case facts Outline Appeal to the General Court against the Commission’s decision of 18 September 2013 refusing full access to specific documents relating to two Spanish national competition proceedings, exchanged between the Commission and the national competition authority under the cooperation mechanism in Regulation ( EC) No 1/2003. On 12 May 2015, the General Court dismissed the action in full. Any EU citizen, or any natural or legal person resident in a Member State (or with its registered office there), enjoys a right of access to documents held by the EU’s institutions, bodies, offices and agencies—irrespective of format. Regulation ( EC) No 1049/2001 (the ‘ Transparency Regulation’) sets out the principles and...
Private claims in the English courts alleging breaches of competition law often run alongside inquiries by national and/or European competition authorities, even where they are not strictly follow-on from those investigations. Claimants frequently pursue disclosure of documents and/or information submitted to the competition authorities, or generated by them (‘regulatory material’). The passage of the Damages Directive, implemented in the UK through The Claims in respect of Loss or Damage arising from Competition Infringements ( Competition Act 1998 and Other Enactments ( Amendment)) Regulations 2017, SI 2017/385 (the Regulations), narrowed the opportunities for claimants to obtain regulatory material for use in future damages claims. What do we mean by ‘regulatory material’? This section briefly sets out the different kinds of regulatory material that may be sought and how they might be pertinent to a private enforcement...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 136/19 See further timeline, commentary and related/relevant cases. Case facts Outline European Commission Article 102 TFEU inquiry into Bulgarian Energy Holding ( BEH), Bulgargaz and Bulgartransgaz (gas infrastructure) (case AT.39849). Latest development On 17 December 2018, the Commission delivered its infringement decision. The Commission imposed a fine of €77,068,000 on BEH, Bulgargaz and Bulgartransgaz, for which they are jointly and severally liable......
Where to Notify What is the Where to Notify tool? The Where to Notify tool streamlines determining where a merger may require notification, performing all currency conversions and cross-checking against every live notification threshold applicable across relevant regimes, consistently and automatically. It forms part of our multi-jurisdictional merger offering, which also features local merger guides (spanning more than 150 jurisdictions), a notification service (see below), an MJ merger control news feed, a grid setting out jurisdictional issues, as well as a separate grid setting out procedural issues. How does Where to Notify work? Where to Notify takes the data you enter and applies algorithms built for each country around the world with notification thresholds, then identifies jurisdictions where those thresholds are satisfied in full. Currency conversions rely on official European Central Bank ( ECB) rates, with Open Exchange rates used for currencies the ECB does not track. All...
1. What is the applicable legislation? On 11 August 2025, Saudi lawmakers promulgated the Saudi Investment Law 2024. It took effect on 7 February 2025, superseding Royal Decree M1/1421H on Foreign Investment in the Kingdom of Saudi Arabia (the Foreign Investment Law 2000). Unlike the 2000 law, which applied solely to foreign investment, the 2024 statute governs investment by both foreign and domestic investors across the Kingdom. The Executive Regulations to the 2024 law have not yet been issued, so uncertainties remain over how the FDI framework it creates will operate in practice. Under the Foreign Investment Law, Saudi Arabia followed a traditional FDI model, largely using sector-specific incentives while restricting or barring foreign participation in other areas to guide inflows. The 2024 law contains wording that could support an FDI screening mechanism comparable to those used in the US or Europe and...
NOTE—to check whether notification thresholds in Kazakhstan and across the globe are satisfied, please refer to: Where to Notify. 1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Kazakhstan? The principal law regulating economic merger matters in Kazakhstan is the Business Code dated 29 October 2015 (the Business Code)......
Businesses commonly rely on joint ventures to break into fresh markets and to design, develop, and launch new products. This notion spans a wide array of scenarios and arrangements, including: structural setups that establish or alter the economic control of a given legal entity: joint venture companies themselves partnerships between participants alterations to existing shareholder control non-structural joint ventures: contract-based joint projects informal (not documented) collaborations For many joint venture arrangements, the extent of 'control' each party holds is often pivotal—though its meaning can be understood differently in varying contexts. This is...
Note— to verify whether notification thresholds in Serbia and across the globe are satisfied, please refer to Where to Notify. 1. Have there been any recent developments regarding the Serbian merger control regime and are any updates/developments expected in the coming year? Also, are there any other ‘hot’ merger control issues or points of interest regarding the Serbian merger control regime? Stronger enforcement is anticipated, as the President of the Commission for Protection of Competition has delivered several public statements pointing clearly in that direction. In the area of merger control, the overall level of work carried out by the Commission for Protection of Competition (the Competition Commission) has grown during the past year, with a visible uptick in activity. Beyond announcing the planned adoption of a series of by-laws, the authority has been engaged in preparing the draft of the new Law on...
1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Myanmar? In general, merger oversight in Myanmar is set out in the Competition Law 2015 (the Law) and the Competition Rules (the Rules). The Competition Commission (the Commission), established in Yangon, comprises a chair and members of the intelligentsia, being individuals holding the rank of Union Minister, together with other qualified persons from relevant ministries and government departments. As stipulated in the Rules, the Commission also includes one representative from the Ministry of Commerce, the Union Attorney General’s Office, the Ministry of Home Affairs, the Ministry of Transport and Communications, the Ministry of Industry, and the Union of Myanmar Federation of Chambers of Commerce and Industry ( UMFCCI) along with its affiliated...
Note—to check whether notification thresholds in Madagascar and worldwide are triggered, see: Where to Notify. Madagascar is also part of COMESA, which operates a supra-national merger control regime. 1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Madagascar? Madagascar’s merger control is regulated by Law No. 2018-020 of 23 August 2018, which overhauls the Competition Law. Decree No. 2008-771 of 28 July 2008 remains in force until new implementing texts are issued. Enforcement rests with members of the Conseil de la Concurrence (the Authority). The implementing decree for the Competition Law is presently moving towards adoption. Articles 39.2, 47.5 and 84 of the Competition Law were found unconstitutional by the High Constitutional Court in Decision No. 023- HCC/ D3 of 14 August 2018 (not...
The notion of ‘single and continuous infringement’ ( SCI) allows the European Commission ( Commission), and national competition authorities more broadly, to treat a chain of breaches of Article 101 TFEU as one and the same cartel conduct, on the basis that they form part of a unified overall scheme... Rationale behind the SCI concept When a long-running and intricate cartel is under scrutiny, its reach, shape and participants can vary over time. This creates, among other things, the following challenges for the Commission: a heavier evidential burden, because the Commission would have to establish and substantiate: that there were multiple discrete anti-competitive agreements and/or concerted practices, and which undertakings took part in each instance a possible limitation issue in relation to the more...
NOTE— On 25 April 2023, the Government unveiled the Digital Markets, Competition and Consumers Bill ( DMCC Bill), proposing major updates to UK competition law spanning merger control, antitrust, market studies/investigations and digital markets. The DMCC Bill will take effect once it has cleared Parliament. This Practice Note will be amended to capture the pertinent revisions when the DMCC Bill becomes law. For the principal changes introduced by the DMCC Bill, see further, The Digital Markets, Competition and Consumers Act 2024: key provisions from a competition and digital markets perspective. This Practice Note outlines the main procedural steps for bringing or resisting an appeal under section 46 or 47 of the Competition Act 1998 before the Competition Appeal Tribunal ( CAT or the Tribunal). Sections 46 and 47 of the Competition Act 1998 allow appeals to be made against decisions of the...
This grid outlines the circumstances in which foreign direct investment ( FDI) notifications might be necessary across selected jurisdictions globally, and sets out if those filings are compulsory and if completion must be paused until approval is obtained. Note—additional jurisdictions will follow in due course, with more detail on each regime to be summarised later also. Jurisdiction Thresholds for FDI review Mandatory or suspensory regime?......
Overview This Practice Note outlines the principal distinctions between the UK’s vertical block exemption, the Competition Act 1998 ( Vertical Agreements Block Exemption) Order 2022 ( UK VABEO), and the EU’s Vertical Block Exemption Regulation 2022/720 ( EU VBER). On 1 June 2022, both the UK VABEO and the EU VBER took effect, displacing the earlier vertical block exemption, EU Regulation 330/2010 ( VBER 2010), which had remained part of UK law after Brexit until it lapsed. The UK VABEO is accompanied by the CMA’s Vertical Agreements Block Exemption Order Guidance ( VABEO Guidance), and the EU VBER is accompanied by the Commission’s Guidelines on Vertical Restraints ( Commission Guidelines)......
NOTE—to verify whether notification thresholds in Sudan and worldwide are satisfied, please kindly consult: Where to Notify. Sudan is likewise a COMESA member, which administers a supra-national merger control regime for mergers. 1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Sudan? By Decree No. 513 dated 15 November 2020, the Prime Minister established the Council for Competition and Prevention of Monopolistic Practices (the Council). This body serves as Sudan’s competition authority. At present, it remains unclear whether the team within the Council tasked with merger control is functioning. In 2021, the Council stated that it intended to revise the Regulation of Competition and Prevention of Monopoly Act, 2009 (the Act), so that it aligns with regional conventions. Among the projected changes was the...
NOTE—to check whether notification thresholds in South Africa and worldwide are satisfied, please consult: Where to Notify. 1. What recent changes have affected the South African merger control regime, and are any further updates anticipated in the next year? Are there any other pressing merger control issues in South Africa? Amendments to the South African Competition Act On 12 July 2019, President Cyril Ramaphosa issued a notice in the Government Gazette, which immediately brought into operation selected provisions of the Competition Amendment Act 18 of 2018 ( Amendment Act 2018). Provisions dealing with matters such as buyer power and price discrimination were excluded. These measures amend the Competition Act, No. 89 of 1998 ( Competition Act 1998) and, taken together, form the Competition Act 1998 (as amended). Key changes now in force include: administrative penalties: section 59 of the Competition Act 1998 has been revised 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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