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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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The European Green Deal serves as the European Commission’s framework for sustainable growth across Europe. It embodies the Commission’s answer to existential dangers of climate change and biodiversity decline. It sets out a plan for action within the EU and for international cooperation to avert the gravest effects of a warming planet, while enabling citizens to adjust to unavoidable climate change and helping businesses to shift towards sustainability. Introduction to the European Green Deal The European Green Deal Communication (the Green Deal) appeared on 11 December 2019. It outlined a series of overarching aims to steer EU legislation and policy in the years after publication. An initial European Green Deal roadmap (the Roadmap), listing the principal measures to be adopted in fulfilment of the Green Deal’s objectives, was issued at the same time. A central ambition of the Green Deal is to make Europe the first...
This Practice Note looks at EU environmental, social and governance ( ESG) (also termed sustainability) integration steps, which revise the delegated acts underpinning the Alternative Investment Fund Managers Directive 2011/61/ EU ( AIFMD), the Undertakings for Collective Investment in Transferable Securities ( UCITS) Directive 2009/65/ EC and the recast Markets in Financial Instruments Directive 2014/65/ EU ( Mi FID II), and considers their industry impact and the new concepts introduced. What were the ESG integration measures? In August 2021, a package of measures (the Delegated Acts) appeared in the Official Journal of the EU (see Application of the ESG measures below). These changes applied to UCITS management companies, alternative investment fund managers ( AIFMs) and Mi FID investment firms (together, managers). For practical guidance for managers, see Practice Notes: EU Undertakings for Collective Investment in Transferable Securities (...
The Technology Transfer Block Exemption ( TTBE, Regulation 316/2014) offers a safe harbour for certain intellectual property rights ( IPRs) licences—technology transfer agreements—that might otherwise restrict competition (see also: The technology transfer block exemption). If an IP-related arrangement falls outside the TTBE, this does not automatically imply a breach of Article 101 TFEU. First, other block exemption regulations may still apply. Accordingly, consider whether the following block exemptions are relevant: the Research and Development ( R& D) Block Exemption Regulation (the R& D Block Exemption, Regulation 2023/1066) the Specialisation Block Exemption Regulation (the Specialisation Block Exemption, Regulation 2023/1067) the Vertical Block Exemption Regulation ( VBER 2022, Regulation 2022/720) If none of these fit, the IP-related agreement will then be examined on an individual basis under Articles 101(1) and 101(3) TFEU to determine whether there is an...
State action in the economy can intersect with EU Treaty duties, in particular the principle of loyalty in Article 4(3) TEU and Article 106 TFEU. A state may face responsibility under Article 4(3) TEU or Article 106(1) TFEU where its conduct brings about, or is liable to cause, an undertaking to breach the competition provisions in Articles 101 or 102 TFEU. Article 106(2) TFEU provides a narrow derogation from the TFEU rules for undertakings tasked with services of general economic interest ( SGEI) or possessing the features of a revenue‑producing monopoly. There are instances too in which the public authority is itself carrying on economic activity, so that it amounts to a relevant ‘undertaking’ for competition law purposes. State intervention in the economy and liberalisation The ownership and provision of public services, including energy, postal services,...
STOP PRESS : On 30 April 2026, the European Commission approved an updated Technology Transfer Block Exemption Regulation ( TTBER) together with accompanying Guidelines, supplanting the 2014 framework. The updated TTBER took effect on 1 May 2026. This Practice Note cites the TTBER and the Guidelines and is in the process of being refreshed to mirror these amendments. Finding equilibrium between intellectual property rights ( IP/ IPRs) and competition law is a longstanding issue. At a glance, the objectives of IPRs and competition law can seem at odds. In broad terms, IPR owners are entitled to govern access to, and seek payment for, exploitation of their exclusive rights. By contrast, competition law pursues open markets and restrains the misuse of market power. The Commission has acknowledged that the interplay of IPRs and competition law can raise concerns and create apparent friction. It has equally...
Context European Green Deal In December 2019, the Commission unveiled the ‘ European Green Deal’, characterising it as a roadmap to make the EU’s economy sustainable by turning climate and environmental challenges into opportunities across every policy area, and ensuring a just, inclusive transition for all. The Green Deal set out an ambitious package of ‘deeply transformative’ laws and policies across: climate action — notably, it underpinned legally binding targets for a 55% cut in carbon emissions by 2030 and net-zero by 2050 (see Practice Note: EU Climate Regulation—snapshot) biodiversity restoration water, air and soil pollution energy industry built environment transport agriculture For progress on the Green Deal’s objectives, see Practice Note: The European Green Deal—tracker. Significant advances were achieved between 2019 and 2024 in new legislation and policy under the European Green Deal banner, but as the 2024...
The Bank Recovery and Resolution Directive 2014/59/ EU ( EU BRRD) The Bank Recovery and Resolution Directive 2014/59/ EU ( EU BRRD) provides the EU-wide architecture for the recovery and orderly resolution of credit institutions and investment firms, creating a common resolution regime that empowers authorities to address failing entities and fosters dialogue and co-operation between home and host authorities. This Practice Note reviews a number of technical standards and guidelines issued by the European Banking Authority ( EBA), under mandates in the EU BRRD as amended by Directive 2019/879 ( EU BRRD II). A package of legislation aimed at reducing risks in the EU banking sector, the ‘banking package’, was published in the Official Journal of the EU on 7 June 2019. It included revised bank recovery and resolution rules set out in EU BRRD II, which amended the EU BRRD. EU BRRD II...
Objectives Batteries are a crucial power source and an essential technology enabling the worldwide transition to carbon neutrality and a circular economy. Consequently, global demand is rising swiftly and is projected to grow fourteenfold by 2030. This acceleration is chiefly fuelled by the expansion of the digital economy, the necessity to store energy from renewable generation, and the shift to low-carbon transport. The increasing adoption of battery-powered electric vehicles will make this market strategically important at the global scale. In light of this, the Commission unveiled plans for significant reforms to the EU batteries framework, originally set out in Directive 2006/66/ EC (the Batteries Directive), under the 2020 Circular Economy Action Plan. The resulting Regulation ( EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries (the Sustainable Batteries Regulation) was published in the...
The Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD) establishes a comprehensive regime for the oversight of alternative investment fund managers ( AIFMs) that market or manage alternative investment funds ( AIFs) in the EU, including hedge funds, private equity funds and real estate investment funds. This Practice Note reviews core aspects of AIFMD and outlines its scope, available exemptions, the regulatory framework, the authorisation process and measures for small AIFs. It also examines the amendments introduced by Directive ( EU) 2024/927 ( AIFMD II), which took effect on 15 April 2024 and applies from 16 April 2026, save for certain reporting updates that commence 12 months later, from 16 April 2027... AIFMD regulatory framework AIFMD was published in the Official Journal of the EU ( OJ) on 1 July 2011, entered into force on 21 July 2011 and was required to be...
What does EIOPA do? The European Insurance and Occupational Pensions Authority ( EIOPA) is one of the three European Supervisory Authorities ( ESAs), set up to reinforce the EU supervisory framework and to curb the risk and harm of any future financial crisis. Operating as an independent advisory body, it counsels the European Parliament, the Council of the European Union (the Council) and the European Commission (the Commission). Serving as the EU’s micro‑prudential supervisor for insurance and occupational pensions, it was established by Regulation ( EU) No 1094/2010 (the EIOPA Regulation), replacing the Committee of European Insurance and Occupational Pensions Supervisors ( CEIOPS) in January 2011. EIOPA is based in Frankfurt, Germany. EIOPA’s main goals are: safeguarding consumers and restoring confidence in the financial system ensuring a high, effective and consistent level of regulation and supervision, reflecting the varied interests of all EU Member...
This Practice Note outlines the principal elements of the Deposit Guarantee Schemes Directive 2014/49/ EU ( DGSD), which obliges Member States to create a deposit guarantee scheme ( DGS) to safeguard depositors and bolster financial stability by mitigating the threat of a run on the bank. The recast DGSD superseded and repealed Directive ( EC) 94/19/ EC (the original DGSD) for clarity after substantial amendments over the years. As the UK was an EU Member State when the DGSD began to apply, the recast EU DGSD was implemented in the UK; accordingly, this Practice Note addresses both the EU requirements and the UK’s implementation. Background and introduction to the DGSD The DGSD is one of two existing EU guarantee scheme directives. The other, the Investor Compensation Schemes Directive 97/9/ EC ( ICSD), is discussed in Practice Note: Investor Compensation Schemes Directive. The original DGSD,...
Glasgow Summit ( COP26/ CMP16) Location: Glasgow, United Kingdom Date: 31 October–12 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change ( UNFCCC) is a global treaty adopted at the 1992 ‘ Earth Summit’ in Rio de Janeiro. Its purpose is to stabilise greenhouse gas ( GHG) levels in the atmosphere at a point that avoids dangerous human-driven climate change. There are 197 signatories—known as Parties—to the Convention. At the outset, the UNFCCC aimed to set national reference levels for GHG emissions, using 1990 as the base year. The Conference of the Parties ( COP) serves as the Convention’s decision-making body, convening annually, unless Parties agree otherwise, to evaluate progress on climate action. For additional detail, see Practice Note: United Nations Framework Convention on Climate Change...
Digital Business— Austria— Q& A guide [ Archived, 2021 edition] This Practice Note presents a country-focused Q& A on e‑commerce in Austria, issued within the Lexology Getting the Deal Through series by Law Business Research ( January 2020). Authors: DORDA— Axel Anderl; Andreas Zahradnik; Bernhard Müller; Paul Doralt; Christian Schöller; Elisabeth König; Nino Tlapak 1. How can the government’s attitude and approach to internet issues best be described? The newly elected Austrian administration has stated it will: extend its broadband agenda, including 5G deployment; uphold the EU’s net neutrality; create and back an Austrian Cloud aligned with the GDPR and data protection norms; bolster the Austrian Data Protection Authority; endorse the PSI Directive and the Open Data Directive; prioritise AI and blockchain; and advance digitalisation and technological...
Article 101(1) TFEU Article 101(1) TFEU outlaws agreements and concerted practices that may influence trade between EU Member States and that have the aim or effect of preventing, restricting, or distorting competition. Although the boundary between the two infringement categories has become somewhat indistinct, object infringements generally stem from conduct that is inherently anti-competitive and sit at the more serious end of the spectrum. In such instances, a competition authority or claimant need not prove an actual impact on competition, as this is presumed. By contrast, arrangements that are less clearly anti-competitive call for an analysis of their actual effects before condemnation under competition law. Any adverse impact on competition must be appreciable to be caught by Article 101 TFEU. It is unnecessary to demonstrate specific, realised restrictive effects; it is enough, on a realistic and credible analysis, to show the agreement is capable of...
ARCHIVED : This Practice Note has been archived and is not maintained . This EU employment and social policy tracker outlines significant cases from 2021 to 2023 across the following themes: working conditions—working hours, part-time and fixed-term arrangements, and posting of workers informing and consulting employees on collective redundancies and company transfers equal treatment and discrimination in the workplace social policy rules and social security coordination The most recent notable employment and social policy developments are available in Practice Note: EU employment and social policy tracker. 2023 Cases Case C‑148/22, OP v Commune d’ Ans Judgement date: 28 November 2023 Key facts/analysis: The Court of Justice examined bans on employees wearing visible signs that could reveal ideological or philosophical affiliation or political or religious beliefs. It held that Article 2(2)(a) of Council Directive 2000/78/ EC, establishing a general framework for equal treatment in...
Intellectual Property Rights ( IPRs) give proprietors the practical ability to bar others from exploiting the protected subject matter. Blocking, or even threatening to block, third parties in this manner usually raises no issues under competition rules. Yet, in the relatively rare scenario where the IPR holder occupies a ‘dominant position’—that is, economic strength allowing it to operate, to a large degree, without effective competitive constraints—use of such exclusionary powers can sit uneasily with competition law. IPRs appear in several guises (eg trade marks, copyright, patents) and frictions may surface in multiple settings. Flashpoints most often involve patents and software copyright. Abuse of dominance under Article 102 TFEU EU case law recognises that dominance carries a special responsibility for the dominant undertaking. That responsibility obliges it to avoid forms of rivalry that are not ‘on the merits’. Because the contours of this notion are...
This Practice Note monitors matters presently before the Court of Justice of the European Union concerning the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the earlier Directive 95/46/ EC ( Data Protection Directive). Updated monthly. For an overview of the EU GDPR, see: UK data protection law collection and Practice Note: The EU’s General Data Protection Regulation ( EU GDPR). Name and case reference Main Articles at issue Developments Groupe Canal + SAS ( Case C-317/25) — EU GDPR: Article 7 16 March 2026: Application ( OJ) 6 May 2025: Request for a preliminary hearing Whats App Ireland v EDPB ( Case C-97/23 P) — EU GDPR: Article 65(1) 10...
This Practice Note monitors significant rulings of the Court of Justice of the European Union on data protection, notably the construction of the General Data Protection Regulation ( EU) 2016/679 ( EU GDPR). The list below includes only final determinations, and should be read alongside Practice Note: Data protection cases before the Court of Justice of the European Union—tracker, for further details on the progress of matters presently before the court. For an overview of the EU GDPR, consult Practice Note: The EU’s General Data Protection Regulation ( EU GDPR). Cases Case name and date Commission v Hungary, Case C-769/22 — 21 April 2026 Key theme: Criminal offence data— Access and safeguards— Article 10 Summary The Court of Justice ruled that Hungary breached Article 10 of the EU GDPR by broadening access to personal data concerning criminal offences without laying down clear, specific rules defining who could view that...
This Practice Note outlines how the EU and the wider EEA assess whether to recognise the equivalence of third country insurance regulatory regimes. Introduction Regulation of insurance places obligations on firms and groups (insurance groups). Those obligations can be duplicated where an insurer operates across several countries and legal systems at the same time in parallel. When one state, A, recognises another, B, as equivalent, that duplication may, to a greater or lesser extent, be reduced for affected firms. The EU equivalence regime Within the EU, insurance equivalence arises only in respect of prudential supervision, and, even there, its practical reach is notably narrow. There is no EU insurance equivalence covering conduct of business rules (ie dealings with customers) or the work of brokers or other insurance distributors. To make sense of the regime, it helps to look first at the prudential background and what the regime is not,...
This Practice Note examines the rules governing systematic internalisers ( SIs) within the recast Markets in Financial Instruments Directive ( Directive 2014/65/ EU) ( Mi FID II), as updated by Directive ( EU) 2024/790 (the Mi FID II Review), and the Markets in Financial Instruments Regulation ( Regulation ( EU) 600/2014) ( Mi FIR), as revised by Regulation ( EU) 2024/791 (the Mi FIR Review), collectively referred to as the Mi FID II framework. For further detail on trading venues under the Mi FID II framework—regulated markets ( RMs), multilateral trading facilities ( MTFs) and organised trading facilities ( OTFs)—see Practice Note: Mi FID II: EU trading venues. What are systematic internalisers and why are they regulated? Funds, insurers and other major investors typically choose between two routes when trading securities. They may transact on a trading venue where many...
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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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