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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 Climate Regulation Official title Regulation ( EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 laying down the framework for attaining climate neutrality (the EU Climate Regulation) Date of entry into force 29 July 2021 Transposition deadline N/ A— Regulations apply directly to Member States and do not require transposition Amending — Regulation ( EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action (the Governance Regulation) — Regulation ( EC) 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (the Agency and Network Regulation) Amendments — Regulation ( EU) 2026/667 of the European Parliament and of the Council of 11 March...
Context—what’s next for the European Green Deal? In December 2019, the Commission unveiled its ‘ European Green Deal’, framed as a roadmap to make the EU’s economy sustainable by turning climate and environmental challenges into opportunities across every policy field, and ensuring the transition is fair and inclusive for all. The Green Deal set out an ambitious suite of ‘deeply transformative’ legislative and policy actions in the following areas: climate action — notably, it underpinned legally binding targets to cut carbon emissions by 55% by 2030 and reach 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 details on progress towards the Deal’s objectives, see Practice Note: The European Green Deal—tracker. From 2019 to 2024 there was substantial movement on new laws and policies under the European Green Deal banner, yet as the 2024 European election...
Context Under the European Green Deal, the EU has committed to progressively lowering greenhouse gas emissions up to and beyond 2030, aiming ultimately for net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding requirement for the EU to cut carbon emissions by 55% from 1990 levels by 2030 and to achieve full carbon neutrality by 2050. The European Commission estimates that energy production and consumption account for over 75% of the EU’s greenhouse gas emissions. Rapid decarbonisation of the energy system is therefore vital to meet the 2030 and 2050 goals. To deliver this, the EU is designing and putting in place a legal and policy framework for a climate‑neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, together with improved energy efficiency. The shift to a low‑carbon energy system has long...
ARCHIVED : This Practice Note has been archived and is not maintained . Purpose In late November 2016, the European Commission formally issued a Communication titled ‘ Clean Energy for All Europeans’ as part of the Energy Union, intended to support and accelerate the shift to a low-carbon economy (see Practice Note: EU 2050 low-carbon economy—snapshot). The Clean Energy Package—also referred to as the EU ‘ Winter Package’ or ‘ Winter Energy Package’—brought forward eight new legislative measures, designed to comprehensively reshape the electricity market, in practice, bolster security of energy supply, set governance rules and frameworks for the Energy Union, put energy efficiency first, secure global leadership in renewables, on a global stage, and ensure a fair deal for consumers. The Energy Union, one of the Juncker Commission’s ten priorities, long served as the EU’s principal vehicle for, and...
This Practice Note explores collective trade marks and certification trade marks in the EU. It outlines their purpose, how they differ from conventional trade marks, and the extent of their protection. It also clarifies who may own and use each type of mark, together with the requirements for registration. For guidance on the UK position, see Practice Note: Collective marks and certification marks in the UK. What are collective trade marks and certification trade marks? Like traditional trade marks, certification and collective marks serve to inform consumers’ purchasing decisions. A certification mark signals that goods bought, or services supplied, under the sign comply with a defined standard. A collective mark, by contrast, indicates that the goods or services come from an undertaking belonging to a specified association. In a consumer’s mind, the link between that undertaking and the association may communicate particular...
Key information Carbon Capture and Storage Directive Official title: Directive 2009/31/ EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide ( Carbon Capture and Storage ( CCS) Directive) In force since: 25 June 2009 Transposition deadline: 25 June 2011 Amendments: Directive 2011/92/ EU of the European Parliament and of the Council of 13 December 2011 on assessing the effects of certain public and private projects on the environment Decision ( EU) 2018/853 of the European Parliament and of the Council of 30 May 2018 amending, among others, Directive 2009/31/ EC regarding procedural rules for environmental reporting Regulation ( EU) 2018/1999 of the European Parliament and of the Council of 11...
This Practice Note provides an overview of Directive 2019/1160/ EU and Regulation ( EU) 2019/1156, introduced as part of the Cross- Border Distribution of Funds ( CBDF) package Their central purpose was to ease and standardise the cross-border rollout of collective investment funds within the EU, with a focus on alternative investment funds ( AIFs) and undertakings for collective investment in transferable securities ( UCITS). Core aspects of the CBDF initiative include: Before these changes, managers of funds encountered regulatory fragmentation when offering funds across EU Member States; for example, the notion of ‘marketing’ under the Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD) was construed differently from one jurisdiction to another In March 2018, the European Commission put forward a draft regulation to facilitate the cross-border distribution of collective investment funds, amending the European Venture Capital Funds Regulation ( EU) 345/2013 ( Eu VECA...
The European Commission’s ( Commission) leniency programme This scheme incentivises undertakings involved in cartels (contrary to Article 101 TFEU) to provide evidence and information that enables the Commission to open an investigation. Leniency is available only to undertakings that have participated in a cartel; it does not apply to other breaches of EU competition law. Two core principles underpin the Commission’s leniency programme: The sooner an applicant contacts the Commission, the greater the reward, potentially amounting to immunity from the fine or a reduction in the fine; The extent of any reward depends on the added value of the information supplied over and above what the Commission already possesses. ......
ARCHIVED: This Practice Note is archived, and is no longer maintained. What is the Capital Markets Union? The Capital Markets Union ( CMU) is a flagship political initiative of the European Commission, unveiled on 30 September 2015 with the publication of the Action Plan for Capital Markets Union. The CMU agenda was subsequently realigned and broadened in the Commission’s Communication on the Mid- Term Review of the Capital Markets Union Action Plan, issued on 8 June 2017, and elements of the programme are periodically refined and advanced as CMU work progresses and EU and industry bodies react to evolving economic and political conditions. On 24 September 2020, the European Commission released a new CMU action plan. For information, see September 2020 CMU action plan. For information on CMU developments, see Practice Note: The Capital Markets Union—recent news [...
ARCHIVED: This document has been archived and is no longer maintained. 21 October 2021 – AFME highlights surge in European capital markets activity— LNB News 21/10/2021 27 12 October 2021 – EBF publishes paper reviewing EU securitisation framework— LNB News 13/10/2021 71 28 September 2021 – ESMA work programme sets 2022 priorities— LNB News 28/09/2021 48 22 September 2021 – ICMA AMIC answers Commission consultation on EU Securitisation Regulation— LNB News 22/09/2021 72 7 September 2021 – EBA and ECB urge full, timely and faithful EU Basel III implementation— LNB News 07/09/2021 61 2 August 2021 – European Commission seeks ESMA and EIOPA advice on retail investor protection— LNB News 02/08/2021 67 15 July 2021 – Commission staff working document: ‘ Monitoring progress towards a capital markets union: a toolkit of...
What is bioenergy? Bioenergy refers to turning biomass into practical energy carriers such as heat, power, and transport fuels. It operates effectively at small, medium, and large scales, making it suitable for numerous resource types and a range of processing and utilisation approaches and deployment options......
This Practice Note sets out the delegated acts, implementing decisions and guidance issued under the Benchmarks Regulation ( EU) 2016/1011 (the EU Benchmarks Regulation). For background on the EU Benchmarks Regulation, consult these Practice Notes: EU Benchmarks Regulation—essentials EU Benchmarks Regulation—one minute guide EU Benchmarks Regulation—timeline EU Benchmarks Regulation— Level 2 measures RTS/ ITS Commission Implementing Regulation ( EU) 2016/1368 sets the list of critical benchmarks in accordance with Article 20(1) of the Benchmarks Regulation. It was later amended by: Commission Implementing Regulation ( EU) 2017/1147 Commission Implementing Regulation ( EU) 2017/2446 Commission Implementing Regulation ( EU) 2018/1106 Commission Implementing Regulation ( EU) 2019/482 Commission Delegated Regulation ( EU) 2018/66 defines how to assess the nominal amount of financial instruments other than derivatives, the notional amount of derivatives, and the net asset value of investment funds for the purposes of Article 20(1) of the Benchmarks...
EU Benchmarks Regulation—background and purpose Benchmarks underpin pricing for a wide array of financial instruments and for both commercial and non-commercial agreements. After revelations of manipulation affecting certain benchmarks, including the London Interbank Offered Rate ( LIBOR), confidence in benchmark integrity was severely shaken. Regulators launched investigations and took enforcement action across multiple benchmarks. Against this backdrop, on 18 September 2013 the Commission tabled a draft Regulation on indices employed as benchmarks in financial instruments and financial contracts. Regulation ( EU) 2016/1011 (the EU Benchmarks Regulation) appeared in the Official Journal of the EU on 29 June 2016 and took effect on 30 June 2016. Its objectives are to safeguard investors and restore trust in indices used as benchmarks in financial instruments and financial contracts, and in the assessment of investment fund performance and the methodology for setting benchmarks. The Regulation also targets greater...
Background The financial and economic turmoil that started in 2007 exposed the growing danger of financial fragmentation within the EU’s internal market for banking services. In response, the EU created the European Banking Union, founded on a single rulebook governing financial services across the internal market as a whole, creating uniform rules across the Union consistently. This framework deepens the integration of EU banking systems, seeking to safeguard the stability and integrity of the EU internal market. Within the European Banking Union, a Single Supervisory Mechanism ( SSM) was set up by Council Regulation ( EU) 1024/2013 (the EU SSM Regulation), aligning the supervision of credit institutions across the internal market on a consistent basis. All banks overseen by the SSM also participate in the Single Resolution Mechanism ( SRM) (established by Council Regulation ( EU) 806/2014, the EU SRM...
ARCHIVED: This Practice Note has been archived and is not maintained. A package of legislation designed to reduce risks in the EU banking sector, the ‘banking package’, was published in the Official Journal of the EU on 7 June 2019. It sets out updated rules on capital requirements and resolution through: Directive ( EU) 2019/878 ( CRD V), amending the fourth Capital Requirements Directive 2013/36/ EU ( CRD IV); Regulation ( EU) 2019/876 ( EU CRR II), amending the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR); Directive ( EU) 2019/879 ( EU BRRD II), amending the Bank Recovery and Resolution Directive 2014/59/ EU ( BRRD); Regulation ( EU) 2019/877 ( EU SRMR II), amending the Single Resolution Mechanism Regulation ( EU) 806/2014 ( EU SRMR). This Practice Note reviews each of these instruments in turn, outlines the...
ARCHIVED This Practice Note is archived and not maintained. This flashcard supports absorption and recall of the key points on implementing the EU’s 2021 proposals to revise the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR) and Directive 2013/36/ EU ( EU CRD IV), referred to as EU CRR III and CRD VI, alongside the separate ‘daisy chain’ proposal. The measures are intended to complete the EU’s implementation of the internationally agreed Basel III standards, enhancing banks’ resilience to potential economic shocks. What were the proposals? The European Commission’s ‘banking package 2021’, adopted on 27 October 2021, comprised: a proposed directive amending EU CRD IV on supervisory powers, sanctions, third‑country branches, and environmental, social and governance risks, and amending the Bank Recovery and Resolution Directive 2014/59/ EU ( EU BRRD) ( EU CRD VI) a proposed regulation updating the EU CRR on...
This Practice Note offers a general overview of the Bank Recovery and Resolution Directive 2014/59/ EU ( EU BRRD), which established a minimum, harmonised framework for handling failing financial institutions across the EU. The EU BRRD sets out a uniform, staged approach to supporting credit institutions that are failing or likely to fail, through the use of preventative tools and early intervention measures developed to avert failure and avoid an automatic resort to public funding. Background to the EU BRRD As a result of the financial crisis, a number of shortcomings were identified in the way public authorities responded to failing banks. Although substantial injections of public money prevented a major bank failure within the EU, they created considerable strains on public finances and taxpayer-funded bail-outs. The EU BRRD entered into force on 2 July 2014, arising from the need to ensure that, in future,...
This Practice Note offers guidance on the consolidated EU Audiovisual Media Services ( AVMS) Directive ( Directive 2010/13/ EU). The EU AVMS Directive sets out rules that govern content and advertising for AVMS. The Original EU AVMS Directive applied to traditional television (linear services) and on‑demand programmes (non‑linear services). This Practice Note also addresses the later amendments introduced by the Revised EU AVMS Directive ( Directive ( EU) 2018/1808). Throughout, ‘ EU AVMS Directive’ is used to describe the overall EU AVMS regulatory framework first set in Directive 2010/13/ EU and then updated by Directive ( EU) 2018/1808. Where the text refers only to Directive 2010/13/ EU, it uses ‘ Original EU AVMS Directive’; where it refers solely to Directive ( EU) 2018/1808, it uses ‘ Revised EU AVMS...
This tracker outlines key dates and details on the evolution of automated (autonomous) and driverless vehicles in the EU, spanning consultations, legislative shifts, guidance and announcements. For fuller coverage of core EU legal issues linked to the development and deployment of automated vehicles, see Practice Notes: Automated vehicles—key legal issues in the EU and Automated vehicles—data, privacy and cybersecurity issues in the EU. To monitor progress on EU rules governing access to vehicle data, see Practice Note: EU data initiatives—tracker. To keep pace with UK activity, see: UK automated vehicles—tracker. 2025 12 September 2025 — Guidelines: The Commission issued guidance on how players in the automotive ecosystem should apply Chapter II of the EU Data Act to vehicle data sharing. It gives concrete implementation advice for original equipment manufacturers, suppliers, aftermarket service providers and insurers, and clarifies data access requirements and duties under the Act,...
Carbon trading agreements While the contractual framework for trading carbon resembles that for other products, it also has several distinctive aspects. This note outlines those characteristics, concentrating on issues arising in compulsory regimes, chiefly the European Union’s Emissions Trading System ( EU ETS). After Brexit, the UK created a separate, self-contained UK Emissions Trading Scheme ( UK ETS). For further detail, refer to the section below on Brexit, the EU ETS, and the UK ETS. For context on the operation and rationale of cap and trade schemes, see Practice Notes: Carbon markets—international emissions trading schemes and Carbon markets—price of Carbon. Carbon trading—who and how? The range of actors permitted to join an emissions trading scheme, the market participants, is a key driver of market liquidity. Certain regimes, for instance the South Korean Emissions Trading Scheme ( ETS), confine trading to regulated entities or...
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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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