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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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What is an equity derivative? An equity derivative is a financial instrument whose price or value is linked to the performance of an equity asset or another equity‑related variable. Such instruments may trade on an exchange or over the counter (see more below). They can be structured as funded or unfunded. Equity derivatives are used chiefly by funds and investors for speculative exposure, and by end users and banks as commercial hedges. They also serve a range of additional purposes that will be explored further below. Further applications are noted below, with additional context to be provided in subsequent sections for readers there. Types of equity derivative instruments Equity derivative instruments fall into the following seven principal categories: Options — the two primary forms are put options and call options. A put option holder is entitled to sell an underlying asset (for example, shares) to a...
The European Free Trade Association ( EFTA) Founded in 1960 by Denmark, Norway, Portugal, Switzerland, Sweden, the UK and Austria, the European Free Trade Association ( EFTA) is a trading organisation. It was set up as an intergovernmental body to advance free trade and economic integration among its Convention States, thereby offering an alternative to the newly formed European Economic Community ( EEC), which later evolved into the European Community ( EC) and ultimately the European Union ( EU). Finland acceded in 1961, Iceland in 1970, and Liechtenstein in 1991 respectively. By then, Denmark, Portugal and the UK had departed EFTA to enter the EEC. In 1989, EC and EFTA Member States together agreed to negotiate a free trade pact creating ‘a single market’ spanning the EC (now EU) and the EFTA States. The European Economic Area ( EEA) Agreement formally came into effect on 1...
This Practice Note follows European Data Protection Board ( EDPB) guidance and opinions on the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), as well as Directive 2002/58/ EC (the e Privacy Directive), and any Article 29 Working Party ( WP29) materials under the earlier Directive 95/46/ EC ( Data Protection Directive), which the EU GDPR superseded, that have been endorsed by the EDPB. The EDPB and Article 29 Working Party Created by Article 68 of the EU GDPR, the EDPB succeeded the WP29, an independent advisory body originally set up under the Data Protection Directive. Before being replaced by the EDPB on 25 May 2018—the date the EU GDPR took effect—the WP29 was instrumental in developing and aligning data protection policies and practices across the EU. At its first plenary session, the EDPB formally endorsed a number of...
This Practice Note sets out the principal amendments to the environmental impact assessment ( EIA) regime introduced by Directive 2014/52/ EU in 2014. For the complete, amended framework, see Practice Note: EU Environmental Impact Assessment Directive—snapshot. Evolution of the EIA regime At EU level, environmental impact assessment was first regulated by Council Directive 85/337/ EEC of 27 June 1985, which came into force on 3 July 1985, with a transposition deadline of 3 July 1988. From 1997 to 2009, the 1985 Directive underwent a series of major amendments. Following a 2009 review of the regime’s effectiveness, those changes were codified and consolidated for clarity and coherence in Directive 2011/92/ EU (the EU EIA Directive). Directive 2014/52/ EU (the 2014 Amending Directive) took effect on 15 May 2014 and made significant revisions to the EU EIA Directive. It sought to: enhance...
Portability of online content services under Regulation ( EU) 2017/1128 (the EU Portability Regulation) This Practice Note explores portability of online content services within the internal market pursuant to Regulation ( EU) 2017/1128. It explains the central requirement on certain service providers to make content accessible to European citizens who are temporarily in another Member State, and considers implications for copyright and enforcement. It also outlines the rules governing cross-border portability of online content services in the internal market. It covers: Background The mandatory portability obligation Residency verification Application to free services Contractual provisions Copyright and rights holder issues Information requirements Enforcement Note The EU Portability Regulation was amended in 2017 (see Corrigendum). The Corrigendum did not amend the Recitals. Although the consolidated version on EUR- Lex does not include them, they have not been removed or revised by the Corrigendum, so they remain in force and are cited in this Practice Note. The...
This Practice Note summarises the issues raised in relation to the English law and EU choice of law rules relating to the voluntary assignment of receivables (also known as debts) in the context of receivables financing whether by way of an outright assignment or an assignment by way of security. For ease, this Practice Note considers only outright transfers, though the same analysis applies to security assignments. Historically, exposure to overseas debts has been limited through diversification, relatively modest receivable sizes and export debt concentration covenants. As receivables financiers expand cross-border and enter larger, more significant facilities, these traditional measures should be adjusted to guard against potentially material exposures to non- UK receivables. Assigning export debts carries hazards, the clearest being that, in a collect-out, a debtor may contest the effectiveness of the transfer. Between parties operating across borders, suitable local law advice is...
Any breach of EU law by a Member State undermines the effectiveness of that law. In addition, the non-compliant State may face consequences at EU level, being held to account by the European Commission and the Court of Justice. Individuals may likewise bring claims in the domestic courts against the Member State where an infringement of EU law limits their rights... Infringements of EU law can arise in several different ways: complete failure to give effect to an EU measure, eg not transposing a Directive by the deadline set within the Directive (see Francovich v Italian State) incorrect transposition of a Directive by a Member State (see R v Secretary of State for Transport, ex parte Factortame) failure by a Member State to adjust existing legislation so it complies with the requirements of an EU measure (see Commission v Germany ( Beer...
STOP PRESS : This Practice Note reflects the current legislative position, however please note that certain elements will be impacted by the Digital Omnibus proposals published on 19 November 2025 pursuant to the Commission’s ‘simplification’ agenda. For more detail, see Practice Note : EU Digital Omnibus—tracker. This Practice Note sets out an overview and comparison of four core EU digital laws: Regulation ( EU) 2022/1925, the EU Digital Markets Act ( EU DMA)—see Practice Note: The EU’s Digital Markets Act Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA)—see Practice Note: The EU Digital Services Act Regulation ( EU) 2023/2854, the EU Data Act—see Practice Note: The EU Data Governance Act and EU Data Act Regulation ( EU) 2024/1689, the EU AI Act—see Practice Note: The EU AI Act Pursuing its aim to digitally transform the EU and deliver ‘ A Europe Fit for the Digital Age’, the...
What is a CDO? Core concepts Collateralised debt obligations ( CDOs) are sophisticated, high-value arrangements that span multiple parties, heavy documentation and, commonly, more than one jurisdiction. In a typical CDO, an orphan shell entity — a special purpose vehicle ( SPV) set up by the investment bank structuring the deal — issues newly minted structured finance instruments, being debt securities in the form of bonds or notes, referred to in this Practice Note as ' CDO securities', which are: split into several classes or tranches with differing size, credit ratings and priority of payment (categorised as senior, mezzanine or subordinated); and backed — that is, funded by and secured over — a diversified portfolio of financial assets acquired by the SPV, typically comprising commercial loans, corporate bonds and/or structured finance securities (including asset-backed securities,...
This Practice Note distils the EU Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union ( TFEU) to horizontal co‑operation agreements (the Horizontal Guidelines). It also cites the revised Research and Development Block Exemption Regulation ( R& D BER) and the Specialisation Block Exemption Regulation ( SBER), collectively called the Horizontal Block Exemption Regulations ( HBERs). The Horizontal Guidelines explain how to apply the HBERs and how to assess other forms of co‑operation agreements, such as R& D, production, purchasing, commercialisation, information exchange, standardisation, standard terms and sustainability arrangements. Covered categories span R& D, production, purchasing, commercialisation, information exchange, standardisation, standard terms, and sustainability agreements, as listed in these Guidelines. NOTE— This Practice Note does not examine the HBERs or sustainability agreements in full. See these separate Practice Notes: EU competition law and research and...
This Practice Note outlines the requirements for reporting suspicious orders and transactions under Regulation ( EU) 596/2014 (the EU Market Abuse Regulation) and Commission Delegated Regulation ( EU) 2016/957... Definition of suspicious transaction and order reports A suspicious transaction and order report ( STOR) is a notification concerning suspect orders or trades—including any withdrawal or amendment—that might amount to insider dealing, market manipulation, or attempts at either, submitted in accordance with Articles 16(1) and 16(2) of the EU Market Abuse Regulation, as appropriate. For insider dealing, see Practice Note: EU Market Abuse Regulation ( MAR)—essentials — Insider dealing. For market manipulation, see Practice Note: EU Market Abuse Regulation ( MAR)—essentials — Market manipulation... Obligation to prevent and detect market abuse Persons who professionally arrange or execute transactions must put in place and maintain arrangements, systems and procedures that ensure: effective, ongoing...
The transposition of EU Directives The transposition of EU Directives is the means by which Member States give legal effect to Directives within their own national systems. Unlike EU Treaty provisions and EU Regulations, which apply directly, Directives require domestic implementation, typically through primary or secondary legislation. They are the preferred legislative tool where national rules must be adjusted. Putting a Directive into national law ensures EU citizens can fully access the relevant rights and obligations. While Directives are binding as to the outcome, states remain free to select the form of implementation, but may not change the Directive’s substance. They must also implement within the specified deadline. The Council of the EU The Council together with the European Parliament The European Commission Obligation to transpose EU Directives Under Article 4(3) TEU, Member States owe a duty of loyal or sincere...
Scope of this Practice Note Following an October 2008 European Commission review concluding that the original Electronic Money Directive was restraining growth in the e-money market, a second Electronic Money Directive ( Directive 2009/110/ EC) (2EMD) was adopted by the European Parliament and the Council on 16 September 2009, revoking the first directive. European Member States were obliged to transpose the new regime by 30 April 2011. This Practice Note gives an overview and highlights the key provisions of 2EMD. It also examines changes to 2EMD introduced by the recast Payment Services Directive ( Directive 2015/2366/ EU) ( PSD2). Background to the second Electronic Money Directive The first Electronic Money Directive ( Directive 2000/46/ EC) was to be implemented by EU Member States by 27 April 2002. In October 2008, the European Commission found that the framework created by the EMD was impeding...
The legal framework This Practice Note sets out EU trade mark rules on parallel trade. Parallel imports—also called ‘grey market’ goods—are authentic products first put on the market by, or with the approval of, the rights holder, but then brought into a specific market for sale without that holder’s permission. They are not fakes or ‘black market’ items. For guidance on counterfeit products, see Practice Note: IP enforcement and the EU customs regime. Much of the applicable doctrine derives from the Treaty on the Functioning of the European Union ( TFEU). The principle concerning exhaustion of trade mark rights is codified in Article 15 of Directive ( EU) 2015/2436, which regulates national trade mark registrations across Member States. Regulation ( EU) 2017/1001 (the EU Trade Mark Regulation) governs EU trade mark ( EUTM) registrations and gives effect to the relevant rules for EUTMs. The...
This Practice Note reviews the European Union’s Sixth Money Laundering Directive ( EU) 2024/1640 ( MLD6), also referred to as AMLD6 or 6MLD. MLD6 repeals Directive ( EU) 2015/849 ( MLD4), as amended by the Fifth Money Laundering Directive ( EU) 2018/843 ( MLD5). It outlines the context for MLD6, key milestones, and principal measures, including national supervision of anti-money laundering ( AML) and counter terrorist financing ( CTF), beneficial ownership registers, and Member State Financial Intelligence Units ( FIUs). The timetable for Member States to transpose MLD6 varies by provision, running from 10 July 2025 to 10 July 2029. Overview MLD6 seeks to enhance consistency in practice and strengthen cooperation between national supervisors and FIUs. Accordingly, its rules concern supervision at both EU and national levels of the EU’s AML/ CTF legal and regulatory framework (including elements relating to financial...
Basic principles Carbon markets sit within the discipline of economics—the analysis of how limited resources are apportioned among rival uses, as set out by Lionel Robbins ( An Essay on the Nature & Significance of Economic Science, 2nd ed., revised and extended, 1949, Ch 1.3). Through this lens, a decent environment counts as a scarce resource. The central proposition is that by conferring property rights over greenhouse gas ( GHG) emissions—by ‘pricing carbon’—market participants can allocate this resource in a cost‑effective way. Consequently, a stated emissions goal (for instance, cutting emissions by 100% by 2050) can be achieved at the lowest overall cost. Setting a carbon price creates climate‑aligned incentives: it discourages carbon‑intensive behaviour and spurs investment in the low‑carbon economy, so that when actors face the social cost of high‑carbon goods and services, they switch to lower‑carbon...
This Practice Note examines Article 25 of Regulation ( EU) 1215/2012, Brussels I (recast) and sets out the conditions that must be satisfied to persuade the court that the parties have concluded an effective choice of court agreement. It also summarises the stance already taken by the Court of Justice of the European Union ( CJEU) on such arrangements, identifies the amendments made by the recast instrument, and explains what those developments are likely to entail in day-to-day practice. Text equivalent to Article 25 was previously contained in Article 17 of the Brussels Convention and in Article 23 of Regulation ( EC) 44/2001, Brussels I. Accordingly, the authorities discussed in this Practice Note include rulings delivered under that convention and that regulation, since they remain pertinent when construing the requirements of Article 25. For general material on choice of court...
ARCHIVED : Following the UK’s exit from the EU, UK courts can no longer refer questions to the Court of Justice. Such references were formerly governed by old Part 68 and its associated practice direction; both instruments were revoked on IP completion day (31 December 2020 at 11 pm). The old Part 68 and accompanying practice direction are accessible here. For guidance, see: Practice Note: Brexit post implementation period— CPR changes [ Archived], especially the main section: Part 68— References to the European Court News Analysis: Brexit next steps: The Court of Justice of the European Union and the UK Definitions and rules The CPR provisions addressing references to the Court of Justice were contained in old Part 68 and the former associated practice direction 68. Rules This Practice Note cites the following: old Part 68 and old practice direction 68 Rules of...
ARCHIVED This Practice Note is archived and is no longer maintained. It compiles notable EU competition law cases spanning September 2022 to December 2024. The EU competition law cases tracker is divided into the following sections: Antitrust cases Merger cases Private action cases State aid cases For the latest cases, see Practice Note: EU competition law 2026—cases tracker. For EU competition law legislation, guidance and policy updates, see Practice Notes: EU competition law—legislation and policy tracker EU block exemptions revision—tracker EU Digital Markets Act—progress tracker Antitrust cases This table monitors significant antitrust matters from September 2022 to December 2024. Entries appear in reverse chronological sequence. 2024 — AT.40642 Pierre Cardin — licensed clothing — 5 December 2024: The Commission adopted an infringement decision against Pierre Cardin and its licensee Ahlers for violating Article 101 TFEU by limiting cross-border sales of Pierre Cardin-licensed apparel ( AT.40642). Fines totalling €5.7m were imposed on the two parties. The...
Background The European Economic Area ( EEA) emerged in 1990, driven by then European Commission President Jacques Delors to forge the world’s largest internal market, culminating in the EEA Agreement and the EEA’s creation. The EEA links 27 EU Member States: Austria Belgium Bulgaria Croatia Cyprus Czech...
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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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