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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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This Practice Note sets out the responsibilities of manufacturers, authorised representatives, importers and distributors under Regulation ( EU) 2024/2847, the EU Cyber Resilience Act ( CRA). It further considers enforcement and sanctioning under the CRA and explains what the new obligations mean for organisations in practical terms. For additional background and scope on the CRA, see the following Practice Notes: The EU Cyber Resilience Act—overview and regulatory framework The EU Cyber Resilience Act—scope and classification of products The CRA is landmark EU legislation introducing mandatory cybersecurity requirements for ‘products with digital elements’ across the EU. Any product that fails to meet those requirements will be ineligible for placement on the EU market from December 2027. Accordingly, adherence to the CRA will be critical for securing access to the EU market for both hardware and software products....
This Practice Note reviews Regulation ( EU) 608/2013 (the Customs Regulation). This Practice Note: explores the obligations under the Customs Regulation assesses how the framework differs from the earlier EU customs regime offers practical pointers for shaping a border detention plan and completing the ‘application for action’ ( AFA) The requirements of the Customs Regulation and changes from the previous system The Customs Regulation broadened and refined many aspects of its forerunner, Regulation ( EC) 1383/2003, while leaving core principles largely intact. In brief, it empowers customs authorities across all EU Member States to seize and destroy goods found to infringe specified IP rights. See below for which IP rights are in scope. Customs officials may detain items they suspect breach the IP rights of rights holders who have recorded those rights with customs. Once goods are held, responsibility rests with the rights holder to confirm that the items are...
This Practice Note outlines details of the Central Securities Depositories Regulation ( EU) 909/2014 ( EU CSDR). Development of the EU CSDR Central securities depositories ( CSDs) safekeep securities in dematerialised form and deliver clearing and settlement services to market participants. They underpin infrastructure and are integral to smooth market functioning. Recognising their systemic role in securities markets, and in the wake of the financial crisis, the Commission tabled a draft Regulation in March 2012 to strengthen securities settlement and establish rules for CSDs. The proposal aimed to enhance settlement efficiency and bring CSDs under a clear regulatory framework throughout the Union. Building on that initiative, EU CSDR appeared in the Official Journal of the EU on 28 August 2014 and took effect on 17 September 2014. EU CSDR seeks to make sure that securities transactions are cleared and settled securely and within appropriate...
This FLASHCARD aids you in taking in or recalling the key points on the EU CSDR settlement discipline regime, covering, in particular, reporting, allocation and confirmation requirements as well as the mandatory buy-in and cash penalty procedures in scope. What is the EU CSDR settlement discipline regime? The settlement discipline regime under the EU CSDR ( Regulation ( EU) 909/2014) is a suite of measures intended to prevent settlement fails and to deal with them when they do occur. The measures set out below include: central securities depositories ( CSDs) reporting settlement fails to the competent authorities investment firms obliging their professional clients to supply, on the business day the trade is concluded (or, for late trading, or where time zones differ by over two hours, by 12.00 CET on the following business day), an allocation of securities or cash to the trade, specifying the accounts to be...
What is clearing of derivatives? Clearing is the mechanism that removes the usual risk that a counterparty to a derivatives trade might default. The key participants in the clearing process are: a financial institution known as a clearing house or central counterparty ( CCP) other financial institutions, typically banks or brokers, that enter a clearing agreement with the clearing house—these are the clearing members, or simply clearing firms In cleared transactions: all trades are undertaken by clearing members, either for their own books or on behalf of their clients the clearing house inserts itself between the members to each trade, becoming party to every contract—each side, therefore, bears the CCP’s risk rather than the other party’s The manner in which the clearing house sits between the clearing members depends on whether it uses: the principal model—in this arrangement the clearing members ( Clearing Member A and Clearing Member B) enter into a...
Scope of this Practice Note This Practice Note examines EU supervision of crowdfunding platforms from a financial services angle, centring on Regulation ( EU) 2020/1503 (the ECSP Regulation). It summarises the actions taken by EU institutions in this field and notes the UK government’s response. It also outlines the subordinate level 2 measures the European Commission must adopt under PSD2, and provides a concise overview of the level 3 material released by the European Securities and Markets Association ( ESMA). The Note additionally highlights which forms of crowdfunding fall within, and which lie outside, the scope of regulation, with further detail in Practice Note: The UK regulation of crowdfunding platforms—essentials. Types of crowdfunding There are three main forms of crowdfunding, each defined by what the funder receives: Investment model — individuals invest in return for a share of the profits or revenue generated by the...
This Practice Note summarises Directive 2008/52/ EC of the European Parliament and of the Council of 21 May 2008 concerning particular aspects of mediation in civil and commercial matters. It explains the Directive’s application and terminology, and explores the mediation framework it establishes, including access to quality mediation, the European Code of Conduct for Mediators, confidentiality, and the handling of limitation and prescription periods. It also considers the enforceability of settlement agreements reached through mediation. For details on the Directive’s implementation and evaluation, see Practice Note: —implementation. Definitions Article 3 of the Directive sets out two key definitions: mediation—refers to a structured process, whatever its label, in which two or more parties to a dispute, acting voluntarily, seek to agree terms to resolve their dispute with the support of a mediator. The process may begin at the parties’ initiative, be proposed or ordered by a...
STOP PRESS : This Practice Note sets out the current legislative landscape; please note, however, that parts will be affected by the Digital Omnibus proposals released on 19 November 2025 under the Commission’s ‘simplification’ agenda. For further details, see Practice Note : EU Digital Omnibus—tracker. This Practice Note outlines the main features of Directive ( EU) 2022/2557 on the resilience of critical entities—the EU Critical Entities Resilience Directive ( CER Directive)—covering its scope, principal duties for critical entities, the sanctions framework and what the new obligations mean for organisations in practice. The CER Directive forms part of the EU’s wider drive to bolster the resilience of critical infrastructure across sectors. It is not chiefly a cybersecurity instrument, yet it overlaps with cybersecurity because cyber incidents can endanger the resilience of critical entities, alongside other risks such as natural hazards, terrorism, insider threats,...
Purpose of the Credit Institutions ( Reorganisation and Winding Up) Directive The Credit Institutions ( Reorganisation and Winding Up) Directive 2001/24/ EC ( CIWUD) was introduced to guarantee that a credit institution, together with its branches in other Member States, is reorganised or wound up in line with the principles of unity and universality, meaning there is a single set of insolvency proceedings in which the credit institution is handled as one single entity. Accordingly, the CIWUD therefore ensured that the institution’s assets, wherever they are found, are captured within a single, unified winding‑up procedure, thereby removing the confusion and uncertainty associated with any secondary proceedings. The CIWUD sought to prevent the separation of assets of the credit institution so that creditors outside of the......
This Practice Note outlines the principal elements of the EU’s prudential rulebook: the Capital Requirements Directive IV ( Directive 2013/36/ EU) ( CRD IV) and the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR) (together, the CRD IV package or CRD IV), which implemented the Basel III global capital adequacy framework within the EU. For concise background on the Basel Accords, including Basel III, see Practice Note: Introduction to the Basel Framework— Basel III and Basel 3.1. Background to CRD IV and EU CRR Basel III is a worldwide suite of reforms establishing international standards for capital adequacy in the aftermath of the 2008 financial crisis. The G20 Declaration of 2 April 2009 on ‘ Strengthening the Financial System’ urged consistent global action to enhance transparency, accountability and regulation by raising both the quantity and quality of capital held by banks. It also called for a...
The Court of Justice of the European Union Headquartered in Luxembourg, the Court of Justice of the European Union is made up of two courts: the Court of Justice and the General Court (the Civil Service Tribunal was integrated into the General Court in September 2016) overall......
The table below collates and summarises all appeals presently pending before the Court of Justice concerning the EU’s Digital Markets Act ( DMA) (ie applications seeking annulment of Commission decisions). For appeals pending before......
EU mandatory corporate sustainability reporting—core legal framework Corporate sustainability—meaning performance against ‘environmental, social and governance’ ( ESG) criteria—has grown markedly in importance for investors, customers and employees in recent years. Reflecting this shift, the range of ESG criteria (also known as ESG metrics or factors) has expanded quickly, creating standards by which a, typically corporate, entity’s performance can be judged. The central purpose of the mandatory and voluntary ESG reporting frameworks emerging within the EU and worldwide is to gather quantifiable information that demonstrates whether corporate entities are genuinely ‘sustainable’ in relation to each ESG metric relevant to their operations, and to make that information as transparent as possible for investors and other stakeholders. Within the EU, the principal legislation governing compulsory sustainability reporting is Directive 2013/34/ EU on annual financial statements, consolidated financial statements and related reports of certain types of...
Sustainability and ESG—key principles Corporate sustainability—understood as performance against environmental, social and governance ( ESG) standards—has risen sharply in significance for investors, customers and employees. In turn, ESG criteria (often called metrics or factors) have expanded quickly, providing benchmarks by which the performance of, typically, corporate entities can be assessed... Common ESG metrics or factors Across the EU and worldwide, emerging mandatory and voluntary ESG reporting frameworks aim to capture quantifiable information that demonstrates whether companies are genuinely “sustainable” against each ESG measure relevant to their operations, and to ensure that data is as transparent as possible for investors and other stakeholders. For more on how ESG principles have developed and how they work in practice, see the following Practice Notes: ESG—new starter guide Sustainable business and environmental, social, governance ( ESG)—introduction for companies and advisers For a central resource on...
EU mandatory corporate sustainability reporting—core legal framework In recent years, corporate sustainability—meaning performance against ‘environmental social governance’ ( ESG) criteria—has grown in importance for investors, customers and employees. As a result, ESG criteria (also known as ESG metrics or factors) have developed rapidly, offering measures against which the performance of an entity, most often a company, can be assessed. The overarching purpose of the EU and global mandatory and voluntary ESG reporting frameworks is to compile quantifiable information that demonstrates whether corporate entities are genuinely ‘sustainable’ in relation to each ESG metric relevant to their operations, and to make that information as transparent as possible for investors and other stakeholders. In the EU, the central legislation governing compulsory sustainability reporting is Directive 2013/34/ EU on the annual financial statements, consolidated financial statements and related reports of certain types of...
Introduction Directive ( EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence, which also amends Directive ( EU) 2019/1937 and Regulation ( EU) 2023/2859 (abbreviated to CS3D or CSDDD), was published in the Official Journal on 5 July 2024. CS3D sits within the EU framework for sustainable corporate governance, alongside the EU Corporate Sustainability Reporting Directive ( Directive ( EU) 2022/2464, CSRD), and aligns with measures in the EU Sustainable Finance Disclosure Regulation ( Regulation ( EU) 2019/2088, EU SFDR) and the EU Taxonomy Regulation ( Regulation ( EU) 2020/852). This legislative suite originates from the 2019 European Green Deal policy roadmap and is intended to support the EU’s ambition to reach climate neutrality by 2050. CS3D recognises that ‘the behaviour of companies across all sectors of the economy is the key to success with...
STOP PRESS This Practice Note reflects the present legislative landscape; however, be aware that some aspects will be affected by the Digital Omnibus proposals issued on 19 November 2025 under the Commission’s ‘simplification’ programme. For further details, see Practice Note: EU Digital Omnibus—tracker. This Practice Note explores the law governing the use of cookies and related technologies in the EU, covering the following: Types of cookies and related technologies e Privacy Directive and cookies Responsibility for compliance Consent Clear and comprehensive information Exemptions EU GDPR and cookies Territorial scope Intranets Sanctions and enforcement Cookie audits Reform Resources and guidance Cookies are small data files placed on a user’s computer, phone or tablet. They enable an online service, such as a website, to recognise an individual user and retain particular information about them, such as login credentials, the contents of shopping baskets and site preferences. They are also widely used to direct advertising at a user based on their...
This document monitors and distils significant new and forthcoming EU legislation (regulations and directives), guidance, and other ongoing policy activity. In particular, this tracker covers all live, closed and upcoming consultations, evaluations and proposals linked to guidance, codes of practice and legislation in the EU consumer protection space. The tracker is organised as follows: new legislation horizon scanning other materials consultations key dates This tracker excludes EU cases. To follow EU consumer cases, see Practice Note: EU consumer protection cases tracker. For a general overview of EU consumer legislation, see Practice Note: Key EU consumer legislation—summary. Some initiatives are maintained in separate trackers, including: EU e Privacy Directive—tracker EU Digital Services Act—progress tracker EU Digital Markets Act—progress tracker Media, digital and telecoms tracker— EU Travel/ Transport— EU Regulatory tracker ...
Addressing the triple planetary crisis (ie the interlinked challenges of climate change, pollution and biodiversity loss) requires producers and purchasers to make and use goods far more sustainably. EU product rules are progressively shaped and updated so that sustainability is embedded across every stage of the product lifecycle. This Practice Note sets out EU measures aimed at securing product sustainability, with a specific emphasis on provisions that enable and promote product ‘repairability’. Core instruments include Regulation ( EU) 2024/1781 (the EU Ecodesign Regulation), Directive 2011/83/ EU (the EU Consumer Rights Directive ( EU CRD)), as amended by Directive ( EU) 2024/825 (the EU Empowering Consumers Directive), and Directive ( EU) 2024/1799 (the EU Right to Repair Directive). Policy context—transition towards a fully circular economy in the EU On 11 March 2020, within the framework of the European Green Deal, the Commission adopted a Circular Economy Action Plan. This...
This Practice Note summarises Directive ( EU) 2020/1828 (the EU Representative Actions Directive or EU Collective Redress Directive), which provides a mechanism across all EU Member States to safeguard the collective interests of consumers. The legislation is designed to better enable collective proceedings for European consumers and obliges Member States to ensure at least one procedural route that permits qualified entities to bring representative actions not only for injunctive measures but also for effective remedies on consumers’ behalf. This covers claims for compensation for infringements of consumer rights in sectors including financial services, travel and tourism, energy, health, telecommunications and data protection, as permitted under EU or national law. The Directive took effect on 24 December 2020; Member States were required to transpose it by 25 December 2022, and the measures have applied from 25 June 2023. It repealed Directive 2009/22/ EC, the EU...
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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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