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
Key information IAS Regulation title: Regulation ( EU) 1143/2014 on preventing and managing the introduction and spread of invasive alien species (the IAS Regulation) Entry into force: 01/01/2015 Transposition deadline: N/ A; as a directly applicable Regulation, no national transposition is required Amendments: Regulation ( EU) 2016/2031 on protective measures against pests of plants, amending Regulation ( EU) 228/2013, Regulation ( EU) 652/2014 and Regulation ( EU) 1143/2014, and repealing Council Directive 69/464/ EEC, Directive 74/647/ EEC, Directive 93/85/ EEC, Directive 98/57/ EC, Directive 2000/29/ EC, Directive 2006/91/ EC and Directive 2007/33/ EC Applicable from: 14 December 2019 Subject: Invasive species Background The EU Biodiversity Strategy to 2020, adopted in May 2011, announced a dedicated law to address invasive alien species. Its fifth target sought that, by 2020, IAS would be identified, priority species controlled or removed, and...
This Practice Note gives a high-level summary of the reach and principal provisions of Directive ( EU) 2016/97, the Insurance Distribution Directive ( IDD), which superseded the Insurance Mediation Directive (2002/92/ EC) ( IMD) with effect from 1 October 2018. It concentrates on the regulation of firms and explains who is in scope of the IDD, the regulated activities it covers and the exclusions. It also describes the IDD’s authorisation and registration requirements, passporting rights and sanctions. For further detail on the IDD, see: EU Insurance Distribution Directive ( IDD)—essentials EU Insurance Distribution Directive ( IDD)—organisational and conduct of business requirements EU Insurance Distribution Directive ( IDD)—insurance-based investment products EU Insurance Distribution Directive ( IDD)— Insurance Product Information Document requirements Scope of the Insurance Distribution Directive Who is affected? Any person or business engaged in distributing insurance and/or...
This Practice Note provides an overview of the aims, scope and principal elements of the Insurance Distribution Directive, Directive 2016/97/ EU ( IDD). For guidance on the UK insurance distribution framework, refer to Practice Note: UK insurance distribution regime—essentials. Background and objectives of the IDD After the Insurance Mediation Directive, Directive 2002/92/ EC ( IMD), took effect, divergences emerged in the way Member States interpreted the IMD. There were also worries about sales of life insurance and insurance-based investment products ( IBIPs), which seemed to deliver weaker consumer protection than sales of non‑insurance investment products. Following a series of public hearings, reviews, consultations and reports, the IMD was repealed and replaced by the IDD. The IDD was published in the Official Journal of the EU on 2 February 2016 and came into force on 23 February 2016. EU Member States were required to...
Why harmonisation is needed Divergence across Member States’ laws affects multiple outcomes, notably: the recovery rates available to creditors in different jurisdictions investment choices the restructuring of corporate groups A more consistent EU-level framework would enhance creditor recoveries and the flow of cross-border investment, while also supporting entrepreneurship, employment and innovation. The World Bank has previously produced substantial reports showing that improved insolvency regimes drive greater investment in a country (see Practice Note: Table of advantages and disadvantages of restructuring in various jurisdictions worldwide and News Analysis: Coronavirus ( COVID-19)— A nucleus for significant reform), and uneven national frameworks increase costs and create uncertainty when judging the risks of investing in another Member State (as noted by the European Systemic Risk Board ( ESRB); see: LNB News 12/05/2025 17). Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast...
What is ‘carbon management’ and why is it necessary? Under Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation), the EU is legally bound to cut carbon emissions by 55% versus 1990 levels by 2030 and to achieve carbon neutrality by 2050. Meeting these milestones demands substantial reductions in greenhouse gas emissions. At EU level, the principal driver is the Fit for 55 legislative package, brought forward under the 2019 European Green Deal. In parallel with EU and Member State measures to abate emissions, the EU acknowledges the contribution of carbon management to delivering its climate objectives. This Practice Note surveys EU initiatives on carbon management, concentrating on the principal legislative incentives and enabling frameworks intended to accelerate deployment of industrial carbon capture for use and storage, as well as industrial carbon removals. Carbon management encompasses a suite of...
The Aarhus Convention—introduction The European Union formally ratified the United Nations Economic Commission for Europe ( UNECE) Convention on Access to Information, Public Participation in Decision‑ Making and Access to Justice in Environmental Matters (the Aarhus Convention) in February 2005. In May 2005, the EU, together with its 27 Member States, became Parties to the Convention. The Aarhus Convention requires that each Party secure for the public three fundamental rights: access to environmental information, including details on the state of the environment, policies or measures affecting it, and public health and safety where these are affected by the state of the environment participation in the environmental decision‑making process, enabling the public to be involved when environmental choices are made access to justice in environmental matters Non-compliance with the Aarhus Convention Article 15 of the Aarhus Convention obliges the Parties to establish arrangements of a...
This EU tracker covers case law in the following areas: EU immigration policy Free movement of EU citizens New Pact on Migration and Asylum with a special focus on legal immigration Case law Case: A. B. v Ministerstvo vnitra, Odbor azylové a migrační politiky, Case C-349/24 Judgment date: 5 June 2025 Key facts/ Analysis: An application arose in litigation between a non- EU national and the Czech Ministry of the Interior’s Department of Asylum and Migration Policy, challenging a decision refusing that person international protection. The reference asks how Article 3 of Directive 2011/95/ EU should be construed. That provision concerns the scope for Member States to introduce more generous rules within the EU framework setting qualification standards for third‑country nationals or stateless persons as beneficiaries of international protection, establishing a uniform status for refugees or those eligible for subsidiary...
This Practice Note outlines the requirements for insurance-based investment products ( IBIPs) under Directive ( EU) 2016/97, the Insurance Distribution Directive ( IDD), which superseded the Insurance Mediation Directive (2002/92/ EC) ( IMD) effective 1 October 2018. It concentrates on the rules applying to IBIPs on conflicts of interest, information provided to customers, and suitability and appropriateness, including those found in Commission Delegated Regulation ( EU) 2017/2359 ( IDD IBIPs Regulation), which supplements the IDD. For more on the IDD framework, refer to Practice Notes: EU Insurance Distribution Directive ( IDD)—essentials EU Insurance Distribution Directive ( IDD)—organisational and conduct of business requirements EU Insurance Distribution Directive ( IDD)—scope, registration, passporting and sanctions EU Insurance Distribution Directive ( IDD)— Insurance Product Information Document requirements What are insurance-based investment products? Under the IDD, an IBIP is defined as ‘an insurance product which offers a maturity or surrender value, where that...
Context Under the European Green Deal, the EU has set out bold milestones to curb greenhouse gas emissions steadily through 2030 and beyond, with the overarching objective of achieving net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) creates a legally binding duty on the Union to secure a 55% cut in carbon emissions against 1990 levels by 2030, and to reach complete carbon neutrality by 2050. The European Commission estimates that producing and using energy generates more than 75% of the EU’s greenhouse gas ( GHG) emissions. Rapid decarbonisation of the energy system is therefore a critical requirement for meeting the 2030 and 2050 targets. To deliver this, the EU is designing and implementing a legal and policy framework for a climate-neutral, 'clean' energy system, centred around renewable energy and renewable hydrogen, together with improved energy...
Context Under the European Green Deal, the EU has established ambitious milestones to cut greenhouse gas emissions incrementally through 2030 and beyond, with the end goal of net-zero emissions by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) imposes a statutory duty on the EU to deliver a 55% cut in carbon emissions relative to 1990 baselines by 2030 and to attain full carbon neutrality by 2050. According to the European Commission, producing and using energy generates more than 75% of the EU’s GHG emissions. Swift decarbonisation of the energy system is therefore essential to meet the 2030 and 2050 objectives. To that end, the EU is designing and implementing a regulatory and policy framework for a climate-neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, alongside enhanced energy efficiency. The shift to a...
This Practice Note This Practice Note considers the practical aspects of product withdrawal, recall and other remedial measures for ordinary consumer goods in the EU from the standpoint of economic operators under Regulation ( EU) 2023/988, the EU General Product Safety Regulation ( EU GPSR). That instrument repeals Directive 2001/95/ EC, the EU General Product Safety Directive, with effect from 13 December 2024. The EU GPSR came into force on 12 June 2023 and has applied since 13 December 2024. It brings in fresh obligations designed to make recalls more effective. Under the EU GPSR, economic operators must alert the competent national authorities when an item they have placed on the market is identified as dangerous, and must also act to address the risk found. According to the level and type of risk, national authorities may oblige businesses to take additional steps, such as...
This Practice Note provides a concise overview of the legal safeguards available for geographical indications ( GIs) and designations of origin, including appellations of origin, protected designations of origin ( PDOs) and protected GIs ( PGIs) under international and EU law. It explains the global framework grounded in the Paris Convention for the Protection of Industrial Property and the Agreement on Trade- Related Aspects of Intellectual Property Rights (the TRIPS Agreement), alongside the protection afforded by EU regulations, with particular focus on the regimes applied to different product categories. It also outlines the enforcement routes open to rights holders, and finally reviews how appellations of origin, PDOs and PGIs interface with trade mark law. For guidance on GI protection under UK law, see Practice Note: Protection of geographical indications— UK. International protection of geographical...
ARCHIVED : This Practice Note has been archived and is not maintained . This Practice Note charts the historical progress of the European Commission’s proposal for a new EU General Product Safety Regulation replacing Directive 2001/95/ EC on general product safety, also known as the EU General Product Safety Directive ( EU GPSD). The EU General Product Safety Regulation ( Regulation ( EU) 2023/988) was adopted on 10 May 2023 and published in the OJEU on 23 May 2023. It entered into force on 12 June 2023 and will start to apply on 13 December 2024. For more details on the EU General Product Safety Regulation, see Practice Note: The EU General Product Safety Regulation. Background The EU GPSD establishes a general product safety obligation, requiring producers to place only safe products on the EU market. For further guidance on the EU GPSD, see: ...
This Practice Note provides guidance on Regulation ( EU) 2023/988 on general product safety, known as the EU General Product Safety Regulation ( EU GPSR). Under the EU GPSR, economic operators may place on the market only products that are safe. With effect from 13 December 2024, the EU GPSR repealed Directive 2001/95/ EC, the EU General Product Safety Directive ( EU GPSD). This Practice Note summarises the Regulation’s objectives and scope, sets out the main obligations, and examines how product safety is assessed under the EU GPSR. It also considers enforcement aspects. This Practice Note does not address product liability legislation. For further details on EU product liability, see Practice Note: The Revised EU Product Liability Directive. Background and objectives The EU GPSR aims to strengthen the functioning of the internal market while safeguarding consumers’ health and safety. It establishes essential...
ARCHIVED: This Practice Note has been archived and is no longer updated or supported. STOP PRESS: The General Product Safety Directive ( GPSD) has been revoked by Regulation ( EU) 2023/988, referred to as the General Product Safety Regulation ( GPSR). For further details on the GPSR, please consult Practice Note: The EU General Product Safety Regulation. This Practice Note offers additional practical guidance on Directive 2001/95/ EC, commonly called the General Product Safety Directive ( GPSD). Under the GPSD, producers must place on the market only products that are safe. It also obliges Member States to carry out market surveillance in order to ensure producers and distributors fully meet their duties. This Practice Note sets out a summary of the key objectives, scope and recent developments of the GPSD. It also outlines producer and distributor...
ARCHIVED This Practice Note is archived and no longer updated. STOP PRESS Directive 2001/95/ EC, the EU General Product Safety Directive ( EU GPSD), has been repealed by Regulation ( EU) 2023/988, also called the EU General Product Safety Regulation ( EU GPSR). For further details on the EU GPSR, see the Practice Notes: The EU General Product Safety Regulation and Product safety notifications and corrective actions in the EU—general consumer goods (a new PN). The EU GPSD will be repealed by Regulation ( EU) 2023/988, the General Product Safety Regulation ( EU GPSR), with effect from 13 December 2024. Until then, products that meet the GPSD may continue to be placed on the EU market. For additional information on the EU GPSR, refer to Practice Note: EU General Product Safety Regulation—tracker [ Archived]. This Practice Note considers the practical aspects of product recall and other...
This flowchart shows how to execute a product recall in the EU when a company finds evidence of a hazardous product. The initial stage is to design the recall plan, followed by the next stage, which is to carry out the recall. It outlines the key actions clearly......
ARCHIVED: This archived Practice Note summarises the 2001 and 2004 controller to controller and the 2010 controller to processor standard contractual clauses (often known as Model Clauses or SCCs) approved by the European Commission for use under Chapter V of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). In this Practice Note, these are collectively described as the pre-2021 SCCs. A Commission decision published in the Official Journal of the EU on 7 June 2021 led to the following: the introduction of new Commission-approved SCCs (the 2021 SCCs), available for use from 27 June 2021 the repeal of all pre-2021 SCCs mentioned in this Practice Note with effect from 27 September 2021, thereby removing the ability of organisations to use the pre-2021 SCCs in new contracts from that date permission for contracts concluded before 27 September 2021 on the basis of the...
This Practice Note examines the overarching ban in Chapter V of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), on sending personal data beyond the EEA or to an international organisation. It addresses how to recognise a restricted international transfer, onward disclosures, export limitations, adequacy decisions, standard contractual clauses ( Model Clauses or SCCs), Binding Corporate Rules ( BCRs), other appropriate safeguards (ie Article 46 tools) and derogations. It also offers direction on revising SCCs and provides links to further practical materials on deploying SCCs. In brief Across the EEA, data protection law aims to ensure information about living persons (ie within the meaning of ‘personal data’) is handled fairly and responsibly. To achieve this, the EU GDPR places extensive duties on those carrying out or determining the ‘processing’ of personal data. In short, ‘processing’ covers virtually any...
FORTHCOMING CHANGE: This Practice Note describes the present legal landscape as currently applicable; however, be aware that aspects of it will be affected by the Digital Omnibus proposals issued on 19 November 2025 under the European Commission’s ‘simplification’ programme. For further detail, consult Practice Note: EU Digital Omnibus—tracker. In short, data protection regimes across the EEA (the EU together with Iceland, Norway, and Liechtenstein) aim to ensure information about natural persons (within the meaning of ‘personal data’) is handled fairly and responsibly. To achieve that aim, EEA data protection laws place numerous duties on those who ‘process’ personal data (and on the controllers that determine such processing). Core safeguards within EEA data protection law include limits on automated individual decision-making (that is, decisions taken by automated means, with these laws providing notable extra protections for data subjects where such decisions are made without any...
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
