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
ARCHIVED: This archived Practice Note is not being maintained. Today, most global businesses work with third parties, tapping into vital capabilities that help them operate across markets. Yet those relationships can also carry significant corruption exposure, potentially resulting in breaches of the Foreign Corrupt Practices Act ( FCPA). With the right diligence, tailored contractual terms, targeted training, and robust oversight, organisations can manage FCPA risk while still benefiting from third-party contributions to their operations. The FCPA bars corrupt payments made through intermediaries when a company is ‘knowing’ that some or all of the money will be passed to a foreign government official. It is not necessary to have actual knowledge of a third party’s conduct; wilful blindness can be enough to attribute knowledge. In practice, businesses cannot look the other way or disregard indications of possible bribery by those they engage. Agents,...
ARCHIVED: This archived Practice Note is not being maintained. When is a parent corporation liable for the acts of its subsidiaries under the Foreign Corrupt Practices Act ( FCPA)? Under long-standing principles of US corporate law, a parent may be held to account for a subsidiary’s conduct when courts pierce the corporate veil on limited grounds. Two recognised theories support veil piercing, each demanding exacting proof, and judges emphasise that this power should be used reluctantly and with caution. Alter ego Agency Worryingly, the Securities and Exchange Commission ( SEC) has indicated that a parent could face liability for a subsidiary’s misconduct even where the parent lacked awareness of the wrongdoing or did not exercise an improper degree of control over that entity. In the 2013 Ralph Lauren Corporation ( RLC) resolution, the Department of Justice ( DOJ) aligned itself with the SEC’s broader conception of parental...
This Practice Note offers an introduction and addresses matters concerning its scope of application. It sets out best practice guidance on helping your clients meet FCPA requirements, including establishing and running an effective anti‑corruption compliance programme within their organisations. The Practice Note also outlines current FCPA enforcement patterns. For organisations operating across borders, it is crucial that they grasp their duties and constraints under the FCPA. As enforcement intensifies and regulators gain unprecedented visibility into the transactions themselves, informing organisations about the FCPA is a highly valuable professional service lawyers can deliver. For further detail on the FCPA, see Practice Notes: Practical steps in a bribery investigation— UK and US perspectives and The US Foreign Corrupt Practices Act 1977 ( FCPA 1977) and Bribery Act 2010 ( BA 2010) comparison table, as well as: Best practices in FCPA...
This Practice Note presents a comparison table outlining the differences and similarities between the US Foreign Corrupt Practice Act 1977 ( FCPA 1977) and the UK Bribery Act 2010 ( BA 2010). For details on the UK BA 2010, see Practice Note: The Bribery Act 2010—an introductory guide. For material on the US FCPA, see Practice Note: US Foreign Corrupt Practices Act ( FCPA). For information on international co-operation and co-ordination between the US and the UK, together with the main considerations when investigating and enforcing potential FCPA breaches, see Practice Note: FCPA internal investigations and enforcement proceedings ( US)... Key aspects US Foreign Corrupt Practice Act 1977 Who does the Act apply to? US companies (incorporated or not), US residents and non-residents acting within the US, US...
ARCHIVED : This Practice Note is archived and is no longer being updated. For information on the US Foreign Corrupt Practices Act, see Practice Note: The US Foreign Corrupt Practices Act 1977 ( FCPA 1977) and Bribery Act 2010 ( BA 2010) comparison table. As organisations move into new markets to capture growth, caution is vital, as fresh opportunities also carry fresh challenges. Multinational companies, in particular, face exposure where a subsidiary, affiliate, employee, or agent engages in misconduct that breaches the US Foreign Corrupt Practices Act ( FCPA). The Department of Justice ( DOJ) and the Securities and Exchange Commission ( SEC) are prioritising FCPA enforcement and show no sign of easing their pursuit of FCPA actions. To prevent, detect, and remediate behaviour that may violate the FCPA, in-house counsel and compliance professionals should identify business areas at risk and understand the conduct the FCPA...
The unexplained wealth order ( UWO) Unexplained wealth orders ( UWOs) are an investigative tool available to enforcement bodies in High Court civil recovery proceedings brought under Part 5 of the Proceeds of Crime Act 2002 ( POCA 2002). Introduced on 31 January 2018 with retrospective effect, they apply irrespective of whether the respondent obtained the property before that date. For a detailed discussion of UWOs and the reasons behind their introduction, see News Analysis: Criminal Finances Act 2017—unexplained wealth orders. A UWO requires a person suspected of involvement in, or association with, serious criminality to justify the source of assets that seem disproportionate to their known income. In short, the order compels the respondent to provide a ‘statement’ outlining the nature and extent of their interest in the property identified in the order, together with an explanation of how it was acquired. Failure to give a...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
The Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) Established after Brexit, SAMLA 2018 sets out a UK‑centric system for putting sanctions in place and policing them domestically as well. The core UK sanctions regimes have been brought in via secondary legislation, and SAMLA 2018 permits regulations to be made covering the enforcement of any ban or obligation created by a regulation. See Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. Under sanctions regulations, SAMLA 2018 authorises the imposition of trade sanctions. Such trade measures curb the direct or indirect import or export of goods, non‑financial services, or technology connected to, intended for use in, or used in or by, a specified country, region, or person. Note that trade sanctions intersect with export controls but are not the same. See Practice Note:...
What are trade sanctions? Trade sanctions are restrictions that curb, whether directly or indirectly, the import or export of goods, non-financial services, or technology, where these relate to, or are intended for use in or by, a specified country, region, or individual. The UK applies sanctions to fulfil several aims: supporting foreign policy and national security goals, safeguarding international peace and security, and countering terrorism. These sanctioning regimes are established under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) and cover the entirety of the UK, including Northern Ireland. For further information on SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force......
Trade sanctions Trade sanctions are restrictions on the direct or indirect import and export of goods, non-financial services, or technology connected to, intended for, or used in or by a specified country, region, or person. The UK imposes sanctions to achieve multiple aims: advancing foreign policy and national security priorities, safeguarding international peace and security, and countering terrorism. UK sanctions regimes operate under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) and extend across the whole UK, including Northern Ireland. As a result, UK trade sanctions apply to: all individuals and businesses within the territory and territorial sea of the UK; and all UK nationals or UK-incorporated businesses, wherever they are located worldwide This Practice Note outlines how trade sanctions are enforced in the UK. For broader detail on trade sanctions, see the Practice Notes:...
Appeals before 2 December 2024 This Practice Note governs appeals to the Supreme Court in which either an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, being the date on which the SCR formally came into force ( SCR 1). The SCR 2009 (described in this Practice Note as the ‘old SCR’) are revoked on that day ( SCR 62(2)). However, the old SCR will continue to apply to the following matters: appeals already underway before 2 December 2024 rule 11 permission applications under the old SCR (filing of application for permission to appeal) lodged before 2 December 2024, and rule 19 notices of appeal under the old SCR (filing of notice where permission not required) lodged before 2 December 2024 ( SCR...
This Practice Note sets out guidance on using the Supreme Court portal and on filing and serving documents for appeals lodged on or after 2 December 2024. Appeals before 2 December 2024 It applies to Supreme Court appeals where an application for permission to appeal or a notice of appeal was submitted on or after 2 December 2024, the date on which the SCR took effect ( SCR 1). The Supreme Court Rules 2009 (described here as the ‘old SCR’) are revoked on that date ( SCR 62(2)). Nonetheless, the old SCR still govern: appeals already on foot before 2 December 2024 applications for permission to appeal under rule 11 of the old SCR (filing of application for permission to appeal) filed before 2 December 2024 notices of appeal under rule 19 of the old SCR (filing of notice where...
This Practice Note outlines how to initiate and manage an appeal in the Supreme Court ( UKSC) where no permission to appeal is required. It explains the Notice of Appeal, detailing what must be included, the required format, and the processes for filing and service. It further covers the notice of intention to proceed after permission has been granted, together with the respondent’s acknowledgement of a notice of appeal or notice of intention to proceed. It also addresses the documents for the appeal hearing, including the agreed statement of relevant facts and issues and any appendix, as well as arranging the date for the substantive hearing. Finally, it prescribes the rules governing the form, content, filing and service of the appellants’ and respondents’ cases for the appeal hearing. Appeals filed before 2 December 2024 This Practice Note applies only to: appeals to the Supreme Court which were...
This Practice Note offers an overview of international sanctions regimes. It clarifies what sanctions mean, differentiates between financial sanctions and trade sanctions, and outlines the distinct legal frameworks through which international sanctions are imposed, including UN sanctions, UK domestic sanctions and EU sanctions. It also describes how sanctions are enforced and how, in the UK, penalties for breaching sanctions are applied. What are sanctions? Sanctions are temporary restrictions or bans put in place by governments that govern how their nationals and entities deal with sanctioned states or regimes. They may, for instance, forbid particular categories of goods from being exported to, or imported from, a sanctioned country, or designate individuals, companies or vessels in that jurisdiction with whom business is prohibited. In some situations, specific activities can be authorised under a licence issued by the competent...
Legislative and policy framework At the international level, the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal (the Basel Convention) sets out the system for overseeing how hazardous and specified other wastes are moved and managed. Waste must be moved and recovered in an environmentally sound way to prevent pollution or risks to human health. The UK is a party to the Basel Convention. See Practice Note: The Basel Convention—snapshot. Decision III/ I ( Amendment to the Basel Convention) bars the transboundary transfer of hazardous waste to countries that are not members of the OECD or the EU and Liechtenstein. This restriction took effect in the UK on 1 January 1998 through the amendment of Council Regulation ( EEC) No 259/93 by Council Regulation ( EC) No 120/97. At the European level, Waste Shipment Regulation ( EC) No...
Introduction to UK REACH REACH refers to Regulation ( EC) No 1907/2006 of the European Parliament and the Council, covering the registration, evaluation, authorisation and restriction of chemicals. Before REACH, there were significant concerns that risks from chemicals placed on the EU market were not being properly controlled or investigated, with the entire burden falling on public authorities. REACH sought to remedy this by moving the responsibility for evidencing understanding of chemical risks and managing them appropriately to those manufacturing and/or importing chemicals and goods containing them—that is, industry. In addition, REACH aims to: ensure a high level of protection of human health and the environment permit the free movement of substances within the EU market enhance the competitiveness and innovation of the EU chemicals industry promote alternative methods for assessing hazardous properties, such as quantitative structure–activity relationships At 11 pm ( UK time) on 31 December 2020, REACH was copied onto the UK...
ARCHIVED: This archived Practice Note offers a practical guide to running and resisting investigations and prosecutions under the UK’s former corruption framework that applied before the Bribery Act 2010 ( BA 2010) commenced (the pre‑ BA 2010 regime). It addresses: how to frame charges for common law bribery (ie under the relevant statutes), including charge selection for conduct straddling both regimes case law defining a public body the need for a corrupt intent the presumption of corruption and associated human rights ramifications the requirements of secrecy and corruption, and what companies can do to minimise historic exposure to prosecution This Practice Note also considers: the offence of bribery at common law the Public Bodies Corrupt Practices Act 1889 ( PBCPA 1889) the Prevention of Corruption Act 1906 ( PCA 1906), and the Prevention of...
Role of the Pensions Regulator Statutory objectives The Pensions Regulator’s core function is to meet the statutory objectives set out in section 5 of the Pensions Act 2004 ( Pe A 2004). These are: to safeguard the benefits due to, or on behalf of, members of occupational pension schemes to safeguard the benefits due to, or on behalf of, members of personal pension schemes who are: employees for whom there are 'direct payment arrangements' (defined below), and where the scheme is a stakeholder pension scheme, any other members to reduce the likelihood of circumstances that could lead to compensation from the Pension Protection Fund for defined benefit scheme funding, to minimise any adverse effect on an employer’s...
ARCHIVED: This Practice Note has been archived and is not maintained. For details on government bills pertinent to corporate crime in 2023, see Corporate Crime bills tracker—2023 [ Archived]. This Practice Note monitors the progress of government bills concerning corporate crime that have been introduced in the House of Commons or the House of Lords in the UK Parliament. It additionally covers private members’ bills (mainly ballot bills) relating to business crime/white‑collar crime which, given their advanced passage through Parliament, appear likely to secure Royal Assent. It also provides links to further material on each item of legislation. For key secondary legislation of interest to corporate crime lawyers, see Practice Note: Corporate Crime horizon scanner 2022— Key secondary legislation. This bills tracker is intended to help corporate crime practitioners stay up to date with primary legislation and bills affecting their specific corporate crime...
The Office of Trade Sanctions Implementation ( OTSI) The Office of Trade Sanctions Implementation ( OTSI) sits within the Department for Business and Trade ( DBT). It helps businesses to navigate UK trade sanctions and holds civil enforcement powers in respect of certain trade sanctions breaches. OTSI also acts as the licensing authority for specified trade sanctions licences—covering permissions to provide (and procure) particular standalone sanctioned services, as well as some export-related prohibitions concerning goods and their associated ancillary services. In the UK, responsibility for trade sanctions licensing is divided between different licensing bodies, depending on whether the activity concerns standalone services, goods, ancillary services or imports. If the planned activity falls under more than one body’s remit, you may need to submit separate licence applications. See also Practice Note: Licences and exceptions in trade sanctions. OTSI performs licensing functions granted by the relevant...
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
