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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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Key information EU Landfill Directive Official title: Council Directive 1999/31/ EC of 26 April 1999 on the landfill of waste (the Landfill Directive) Entry into force: 16 July 1999 Transposition deadline: 16 July 2001 National implementation: See Eur- Lex information on national transposition measures as provided by Member States Key amendments: Directive 2011/97/ EU (5 December 2011) modifying the Landfill Directive on specific criteria for storing metallic mercury deemed waste. In force from 13 December 2011; Member States’ transposition deadline: 15 March 2013. Directive ( EU) 2018/850 (30 May 2018) amending the Landfill Directive. In force from 4 July 2018; Member States’ transposition deadline: 5 July 2020. Directive ( EU) 2024/1785 of the European Parliament and of the Council (24 April...
Regulation ( EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/ EEC Latest consolidated version - September 2016 Entry into force: 20 May 2004 Transposition deadline: n/a Amendments Council Regulation ( EC) No 1195/2006 of 18 July 2006, updating Annex IV to Regulation ( EC) No 850/2004 on persistent organic pollutants (text with EEA relevance) Council Regulation ( EC) No 172/2007 of 16 February 2007, revising Annex V to Regulation ( EC) No 850/2004 on persistent organic pollutants (text with EEA relevance) Commission Regulation ( EC) No 323/2007 of 26 March 2007, adjusting Annex V to Regulation ( EC) No 850/2004 on persistent organic pollutants and revising Directive 79/117/ EEC (text with EEA relevance) Regulation ( EC) No 219/2009 of 11 March 2009, aligning various...
Key information AEI Directive title: Directive 2003/4/ EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information ( AEI Directive) In force from: 14 February 2003 Transposition deadline: 14 February 2005 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Repeals: Council Directive 90/313/ EEC (the 1990 Directive) Subject: Access to environmental information; Access to justice Purpose of the Access to Environmental Information ( AEI) Directive In 1990, the EU introduced Council Directive 90/313/ EEC on ‘free access’ to information (the 1990 Directive). This was subsequently replaced by Directive 2003/4/ EC (the AEI Directive) when the EU became a party to the 1998 UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in...
EU ETS content—overview This Practice Note outlines the principal provisions of Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003, which creates a greenhouse gas emission allowance trading scheme, the EU Emissions Trading System ( EU ETS), as applied to the maritime transport sector. Directive ( EU) 2023/959, published in the Official Journal on 16 May 2023, expands the EU ETS to maritime transport activities on a phased basis from 1 January 2024. The note explains the EU ETS scope for maritime transport, and sets out the core obligations for shipping companies, including monitoring, reporting and verification duties, as well as the process of surrender for shipping allowances. It also describes how the EU ETS operates alongside Regulation ( EU) 2015/757 (the EU Ship Emissions Monitoring ( MRV) Regulation). For further practical guidance on different elements of the EU...
EU ETS content—overview This Practice Note sets out a summary of the EU emissions trading system ( EU ETS), previously referred to as the EU emissions trading scheme. It outlines the legal framework that underlies the ETS and the history of its staged roll-out, and gives a high-level view of its coverage, the principal duties on operators, the mechanisms for auctioning, free allocation, transfer and surrender of allowances, and how ETS proceeds are used. It also describes supporting legislation beyond Directive 2003/87/ EC that enables the operation of the EU ETS, including the Regulation creating the EU carbon border adjustment mechanism ( EU CBAM), the Market Stability Reserve Decision, the Union Registry Regulation, and market supervision measures. For further practical guidance on specific aspects of the EU ETS, see the following Practice Notes: EU Emissions Trading System ( ETS) Phase IV—...
EU ETS content—overview This Practice Note summarises the principal elements of Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003, which established the greenhouse gas emission allowance trading scheme known as the EU Emissions Trading System ( EU ETS) (formerly the EU emissions trading scheme), as it pertains to the aviation sector. It explains the application of the EU ETS to aviation activities, highlighting significant exclusions and derogations, and outlines the main responsibilities of aircraft operators, including monitoring, reporting and verification, alongside the mechanisms for auctioning, free allocation, and surrender of allowances. It also describes how the EU ETS aligns with the International Civil Aviation Organisation ( ICAO) Carbon Offsetting and Reduction Scheme for International Aviation ( CORSIA). For further practical guidance on different aspects of the EU emissions trading system, refer to these Practice...
Key information EU ETS Directive Official title: Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ EC ( EU ETS Directive) Entered into force: 25 October 2003 Transposition deadline: 31 December 2003 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Amended by: For a complete list of amendments, consult EUR- Lex. Key related directives include: Directive 2004/101/ EC (entry into force 13 November 2004; transposition deadline 13 November 2005) Directive 2008/101/ EC (2008 Aviation Directive) (entry into force 2 February 2009; transposition deadline 31 December 2012) Directive 2009/29/ EC ( ETS Phase III Directive) (entry into force 25 June 2009; transposition deadline 31 December 2012) Directive ( EU) 2018/410 ( ETS Phase IV...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
Scope of this Practice Note This Practice Note sets out the Eurosystem’s policy for the future of European payments, covering the comprehensive payments strategy published in March 2026, the Eurosystem cash strategy and the Eurosystem retail payments strategy. It assesses how these strands interact with the EU legal framework for payment services, electronic money, cryptoassets and the digital euro, including the recast Payment Services Directive ( Directive ( EU) 2015/2366) ( PSD2), the proposed third Payment Services Directive ( PSD3), the proposed Payment Services Regulation ( EU PSR), the Markets in Cryptoassets Regulation ( Regulation ( EU) 2023/1114) ( Mi CA), the Instant Payments Regulation and the proposed digital euro regime. This Practice Note concentrates on strategy and policy direction. For more detail, see: the payment services perimeter, authorisation, conduct, transparency, security and strong customer authentication requirements: Practice Note: EU regulation of payment...
This Practice Note This Practice Note reviews the suite of EU design measures that refreshes the EU design framework and makes securing protection for industrial designs in the EU cheaper, faster, more predictable and consistent across the Union. The core package consists of the following instruments set out below: Regulation ( EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation ( EC) 6/2002 on Community designs and repealing Commission Regulation ( EC) 2246/2002 (the Amending Regulation) Directive ( EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (the Directive) The Amending Regulation updates the unitary EU design system by revising Regulation ( EC) 6/2002. Beyond changes to the way the system currently functions in practice, it also refreshes the...
STOP PRESS: Amendments to the EU Water Framework Directive will take effect on 10 May 2026 via Directive ( EU) 2026/805, published in the Official Journal on 20 April 2026. Member States must transpose these changes into national law by 21 December 2027. This Practice Note is being updated to reflect the revisions. Key information Water Framework Directive title: Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy ( WFD) Entry into force: 22 December 2000 Deadline for transposition: 22 December 2003 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Subject: Water; water pollution; nature restoration Purpose and objectives The WFD sets a legal framework for safeguarding inland surface waters,...
This Practice Note is designed to monitor the progress of EU cases relevant to the life sciences industry. For earlier life sciences materials, see Practice Note: Life sciences tracker [ Archived]... Judgments- Supplementary protection certificates For archived supplementary protection certificate ( SPC) judgments, see Practice Note: Life sciences tracker [ Archived]- Judgments- Supplementary protection certificates... Court of Justice of the European Union What's happening? When? Find out more Teva BV and Teva Finland Oy v Merck Sharp & Dohme LLC; Merck Sharp & Dohme LLC v Clonmel Healthcare Limited - Joined Cases C-119/22 and C-149/22 19 December 2024: preliminary ruling of the Court of Justice ( Third Chamber) issued. 6 June 2024: Opinion of the Advocate General ( AG). 21 February 2022: reference made to the Court of...
This Practice Note This Practice Note monitors the development of amending legislation, implementing acts, core guidance and initiatives introduced to help stakeholders apply the EU regime for medical devices and in vitro diagnostic medical devices ( IVDs) contained in Regulation ( EU) 2017/745 (the Medical Devices Regulation, MDR) and Regulation ( EU) 2017/746 (the In Vitro Diagnostic Medical Devices Regulation, IVDR) (together, the MD Regulations) across all EU Member States as well as Norway, Iceland, Liechtenstein and Turkey. For a high-level overview of the MD Regulations and their obligations, see Practice Note: Introduction to the EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation. This tracker draws on material hosted on the European Commission— Public Health website— Medical Devices sector, comprising: guidance documents endorsed by the Medical Device Coordination Group ( MDCG) MDCG guidance in progress the rolling plan of implementing measures under the MDR and IVDR (the...
This Practice Note reviews the principal provisions and the measures businesses should adopt to comply with the EU Geo-blocking Regulation (also known as the Geoblocking Regulation), and covers: background to geo-blocking and its impact the Regulation’s scope bans on unjustified geo-blocking prohibitions on varying general conditions of access prohibitions on discrimination when accepting payments limits on passive sales confirmation of key commercial areas not affected by the Regulation actions traders should take to achieve compliance enforcement the European Commission’s review of the EU Geo-blocking Regulation Key information EU Geo-blocking Regulation title: Regulation ( EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market, and...
Integrating artificial intelligence ( AI) into the workplace is reshaping organisational processes, presenting both benefits and risks. AI can take over routine tasks—such as filtering CVs or drafting job descriptions—freeing people to focus on higher‑value work, yet it also prompts concerns about bias and discriminatory outcomes, notably in human resources ( HR) decision-making (for example, task allocation and promotion). This practice note highlights the main legal considerations under Regulation ( EU) 2024/1689, the EU AI Act, and Regulation ( EU) 2016/679, the EU General Data Protection Regulation ( EU GDPR), and offers direction on achieving compliance. For an overview of the EU AI Act, see Practice Notes: The EU AI Act—snapshot and The EU AI Act and Requirements under the EU AI Act—checklist. For a catalogue of AI materials, see Practice Note: Artificial intelligence ( AI) resource kit. AI...
EU designs This Practice Note addresses the infringement of EU designs. The registered Community design ( RCD) and the unregistered Community design ( UCD), together termed ‘ Community designs’, were established under Regulation ( EC) 6/2002. They constitute unitary design rights that extend across the entire EU and can be enforced throughout. In November 2022, the European Commission proposed two initiatives to update design legislation at both EU and national Member State level, aiming to make EU-level registration cheaper and simpler and to harmonise procedures between EU and national frameworks. The legislation was published in the Official Journal in November 2024 as: Regulation ( EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation ( EC) 6/2002 on Community designs and repealing Commission Regulation ( EC) 2246/2002 (the Amending...
This tracker is designed to monitor key consumer law cases. It compiles relevant Court of Justice opinions and judgements, organised by date, and spanning advertising and labelling, e-commerce, product liability and safety, provision of services, contracts, consumer disputes and enforcement. For further detail on the principal EU regulations and directives that protect consumer interests, see Practice Note: Key EU consumer legislation—summary. This tracker does not cover data protection cases. For EU data protection case law, see Practice Notes: EU GDPR—data protection case law tracker and Data protection cases before the Court of Justice of the European Union—tracker. 2026 Case Powszechna Kasa Oszczędności Bank Polski S. A. v MS et MS, Case C-753/24, ECLI: EU: C:2026:308 Date: 16 April 2026 Find out more: Court of Justice rules on unfair terms concerning supplier restitution. The Court held that Article 7(1) of...
This Practice Note provides a concise overview of Regulation ( EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services, which amends Directive 2000/31/ EC, called the EU Digital Services Act ( EU DSA). It was published in the Official Journal of the EU ( OJEU) on 27 October 2022 and applies from 17 February 2024, except for certain provisions for very large online platforms ( VLOPs) and very large online search engines ( VLOSEs) and other specified measures that take effect earlier. Alongside the Digital Markets Act ( EU DMA), the EU DSA was crafted as part of a broader legislative package to regulate digital markets. Its principal objective is to keep users safe from unlawful goods, content or services and to protect their fundamental rights online. This Practice Note sets out the background, scope and...
Practice Note This Practice Note monitors and distils EU regulatory law, guidance and wider policy activity across the agriculture and food arena. Specifically, it captures every open, concluded and forthcoming consultation, evaluation and proposal linked to guidance, code of practice and legislation in the agriculture and food sphere. Priority files include overhauls of the EU Geographical Indications regime for wine, spirits and agricultural products; updates to EU marketing standards for agricultural products; changes to the EU Food Information to Consumers ( FIC) Regulation; and a review of promotion policy for EU agri-food products. It further tracks Court of Justice matters relevant to agriculture and food. EU food policy seeks to deliver robust food safety and strong animal and plant health across the EU. Through the Common Agricultural Policy ( CAP), agricultural policy likewise supports food safety, affordable food for EU citizens, fair incomes for farmers and the...
This Practice Note acts as a practical guide for evaluating vertical agreements that sit beyond the scope of the Vertical Agreement Block Exemption Regulation 2022/720 ( VBER 2022). It includes, amongst other elements, a synopsis of the Commission’s 2022 Guidelines on vertical restraints (2022 Guidelines), which provide detailed direction for parties in this setting. The Note proceeds on the basis that readers are already conversant with VBER 2022. For comprehensive discussion of its availability, including how the 30% market share thresholds operate and the treatment of hardcore and excluded restrictions, see Introduction to the application of Article 101 TFEU to vertical agreements and The Vertical Block Exemption Regulation 2022/720. It likewise presumes knowledge of Articles 101(1) and (3) TFEU; see Article 101(1) TFEU-the prohibition on restrictive agreements and Individual exemptions under Article 101(3) TFEU. Starting position Where a vertical agreement lies outside VBER 2022’s safe...
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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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