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
Police Scotland and the Crown Office and Procurator Fiscal Service Police Scotland (the Police) is the national policing body for Scotland, formed in April 2013. The service reports directly to the Crown Office and Procurator Fiscal Service ( COPFS), Scotland’s sole public prosecutor, charged with prosecuting crime in the public interest and investigating all sudden or suspicious deaths. See Practice Note: The investigation and prosecution of criminal offences in Scotland. Investigations into health and safety incidents in Scotland Under section 18 of the Health and Safety at Work etc Act 1974 ( HSWA 1974), the Health and Safety Executive ( HSE) is tasked with putting in place adequate arrangements to enforce health and safety legislation, thereby securing workers’ health, safety and welfare and protecting others, including the public, in meeting that duty. See Practice Notes: Health and safety investigations in Scotland and Powers of health and safety...
This Practice Note provides an overview of the law, guidance and practice concerning the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 ( BPR 2008), which govern business-to-business advertising in the UK. It outlines what constitutes misleading advertising, the parameters for comparative advertising, and the offences and due diligence defence under BPR 2008. For fuller guidance on the rules for comparative advertising, see Practice Note: Comparative advertising. Background BPR 2008 came into effect on 26 May 2008, implementing Directive 2006/114/ EC, the EU Misleading and Comparative Advertising Directive, into UK law. The regulations concentrate on business-to-business activity, forbid misleading business-to-business advertising, and set the conditions that comparative claims must satisfy to be lawful. At the same time, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008) took effect, implementing Directive 2005/29/ EC, the EU Unfair Commercial Practices Directive ( EU UCPD) into UK law....
This Practice Note sets out an outline of the enhanced or specific sanctions that may apply where a person is involved in non-compliance, avoidance or evasion with an offshore element, and covers the following measures: the offshore penalties for non-compliance regime requirement to correct past offshore tax non-compliance 12 year time limit for offshore non-compliance publishing details of deliberate tax defaulters civil sanctions for enablers of offshore evasion penalty for UK facilitators of offshore promoters of tax avoidance schemes criminal offences for offshore tax evaders corporate offence of failure to prevent the criminal facilitation of tax evasion For further information on the current general penalties regime, see the Tax penalties, interest and time limits—overview subtopic. See also: the Timeline of penalties, sanctions and criminal offences in relation to offshore tax matters. The offshore penalties for...
This conduct constitutes an offence under section 3A of the Road Traffic Act 1988 ( RTA 1988). It is an indictable only offence and therefore can be tried solely in the Crown Court. The elements of the offence A person commits the offence where they: cause the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using that road or place and, in addition, any of the following applies: at the time of driving they were unfit to drive through drink or drugs the level of alcohol or drugs in their blood exceeds the legal limit they refuse to provide a...
The Sentencing Council ( SC) issues detailed offence-specific guidance on sentencing for courts in England and Wales, to be applied in both the magistrates’ court and the Crown Court jurisdictions. This Practice Note closely examines how sentencing is approached in cases involving sexual offences. The SC has developed an extensive range of offence-specific guidelines for particular sexual offences. These are available here. There are also specific guidelines explaining how courts in England and Wales should sentence those convicted of arranging or facilitating sexual offences against a child. In addition, the SC publishes several important overarching guidelines that must be taken into account in every sentencing exercise, see Practice Note: Sentences imposed following conviction. Among them, the General guideline—overarching principles (the General guideline) is intended to be used alongside offence-specific guidelines and addresses seriousness, together with expanded advice on aggravating and...
This Practice Note addresses restitution and deprivation orders following conviction under the Sentencing Act 2020 ( SA 2020). It sets out the court’s authority in criminal proceedings to order the return of stolen property to victims, and the means of appealing a restitution order. It also outlines the courts’ power to order the forfeiture of property connected with the commission of an offence by making a deprivation order, together with the procedure for obtaining such an order and its effect. Restitution orders A restitution order allows the court to restore to a victim the goods, or the value of goods, that were stolen or otherwise unlawfully taken, using money found in the offender’s possession on arrest. On conviction, the magistrates’ court or the Crown Court before which the defendant is convicted may order restitution of goods. The court may make such an order of its own...
ARCHIVED: This Practice Note is no longer being updated Repeal of foreign travel orders and transitional provisions Foreign travel orders have now been superseded by (a) sexual harm prevention orders and (b) sexual risk orders, both of which allow for bans on overseas travel. For more information, see the Practice Notes on Sexual harm prevention orders and Sexual risk orders. This change follows the repeal of section 114 of the Sexual Offences Act 2003 ( SOA 2003) by the Anti- Social Behaviour, Crime and Policing Act 2014 ( ABCPA 2014)......
Consent by a requested person to extradition Consent by a requested person to extradition refers to an individual agreeing to their own surrender following a request made under Parts 1 or 2 of the Extradition Act 2003 ( EA 2003), and doing so before any order is issued or an extradition decision is taken. Ability to consent to extradition The capacity to consent applies where the requested person has been arrested pursuant to: a warrant under EA 2003, Part 1 a warrant under EA 2003, Part 2, or a provisional warrant obtained at the request of a category 1 or 2 territory the power of provisional arrest under EA 2003, s 74A The individual may consent whether the extradition request is founded on an accusation or follows a conviction. A requested person cannot consent in proceedings that arise from the UK entering into a special extradition arrangement under EA 2003, s 194 with a...
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
