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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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Intellectual property laws grant exclusive entitlements to holders of patents, copyright, design rights, trade marks and other protected rights. Owners of intellectual property rights ( IPRs) may stop unauthorised use of their IP and may exploit it, for instance by granting licences to third parties. However, the ability to commercialise does not shield IPRs from scrutiny under competition law. Like any other arrangement, deals involving IPRs (e.g., licences enabling a licensee to use the licensor’s IPRs) must comply with Article 101(1), TFEU. For many would-be licensees and licensors, the initial task in checking whether their arrangements accord with EU competition rules is to consider if a block exemption regulation can apply. The block exemption most commonly relevant to an IP licence is the Technology Transfer Block Exemption Regulation ( TTBE, Regulation 316/2014), the latest iteration of which took effect on 1 May 2014 and...
ARCHIVED: The revised Horizontal Guidelines appeared in the Official Journal on 21 July 2023. This Practice Note was prepared with the earlier Horizontal Guidelines in mind. It is no longer maintained. For up-to-date content, please refer to the relevant section in Analysing horizontal co-operation agreements under EU competition law. What is a joint commercialisation agreement? Joint commercialisation agreements entail co-operation between rivals concerning the sale, distribution, or promotion of interchangeable products. Such arrangements span from deals that jointly set every commercial element of selling the products (including price) to narrower pacts tackling a single commercialisation task (for example, distribution, after-sales support, or advertising). These agreements can produce substantial advantages derived from economies of scale or scope, notably for smaller manufacturers. Yet, in some situations they may trigger serious competition law issues, especially where the parties hold a meaningful degree of market power, the...
Introduction Block exemption regimes provide widely applicable safe harbours from the EU prohibition on anticompetitive agreements as set out in Article 101(1) TFEU, so long as the arrangement satisfies the requirements of the relevant block exemption. Each such instrument rests on the presumption that any restrictive deal within its compass fulfils the four criteria in Article 101(3) TFEU that are needed for an individual exemption from the application of Article 101(1) TFEU (see further, Article 101(1) TFEU—the prohibition on restrictive agreements and Individual exemptions under Article 101(3) TFEU). Accordingly, every block exemption establishes a safe harbour that shields restrictive arrangements from legal challenge under Article 101 TFEU. The former Specialisation Block Exemption Regulation ( EU) 1218/2010 ( SBER 2010), which expired on 30 June 2023, had been in force since 1 January 2011. Following a review process and consultation with...
is widely acknowledged as an ‘exclusionary’ abuse under Article 102 TFEU: behaviour by a dominant undertaking that deliberately targets competitors and seeks to remove them or erode their viability as rivals (either by driving them out of the market or by deterring entry). In essence, a dominant firm forgoes profit in the short term to oust or discourage competitors. Once the dominant firm has effectively shut out current competitors or potential entrants, the dominant undertaking will have reinforced its position and be able, at least in theory, to levy supra-competitive prices and/or diminish its downstream offerings without facing consequences as a result of exclusion......
European Commission investigations The European Commission ( Commission) examines indications or allegations of anti-competitive behaviour by companies that affect more than one EU Member State—for instance, international price-fixing cartels and other collusive practices prohibited by Article 101(1) TFEU, or situations where a company seems to misuse a dominant position contrary to Article 102 TFEU. Note—criminal action against individuals can be pursued in some Member States, but not by the Commission... Investigations may begin in one of four ways: an implicated party coming forward as a whistleblower, a complaint submitted by a third party, the Commission obtaining market intelligence suggesting a breach of competition law—for example, press reports or informal customer complaints, or the Commission identifying suspected infringements during a sector inquiry (see EU Sector...
STOP PRESS : This Practice Note mirrors the current legislative position; nonetheless, note that specific aspects will be influenced by the Digital Omnibus proposals released on 19 November 2025 under the Commission’s ‘simplification’ agenda. For more, see Practice Note: EU Digital Omnibus—tracker. Introduction High-profile security lapses affecting the internet, technology, and dependent services in recent years have brought the need for effective cybersecurity into sharp relief. As a result, cybersecurity has become increasingly important for both enterprises and individuals. On 16 December 2020, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy set out an EU Cybersecurity Strategy. It spans the protection of essential EU services (eg hospitals, energy grids and railways) and the security of connected devices in homes, offices and factories. The strategy emphasises developing collective capacity to counter major cyber-attacks and engaging...
Public procurement describes how public bodies, including central government departments and local councils, buy works (for example, construction), goods or services from private sector providers. Each year, more than 250,000 contracting authorities across the EU allocate about 14% of GDP (approximately €2 trillion annually) to acquiring services, works and supplies. The EU public procurement Directives At EU level, a number of institutions take part in shaping and enforcing public procurement law. The European Commission prepares legislative initiatives, implements decisions of the European Parliament and of the Council of the European Union, and ensures that public procurement Directives are upheld. The Court of Justice of the European Union ( CJEU) examines whether Member States satisfy their obligations under the Treaty of the Functioning of the European Union ( TFEU) and under EU law. Both the Council of the EU and the European Parliament legislate jointly, while the...
Context and adoption Rapidly increasing packaging output, together with low rates of re-use, limited collection, and weak recycling, creates major obstacles to achieving a low-carbon circular economy in the EU. Packaging consumes large quantities of virgin resources and makes up 36% of the EU’s municipal solid waste. The Commission reports that 40% of plastics and 50% of paper used within the EU goes into packaging. On 11 March 2020, the Commission set out a new Circular Economy Action Plan. As a pillar of both the European Green Deal and the EU’s Industrial Strategy, the Plan unveiled actions to make sustainable products standard in the EU and to ensure less waste. In line with these commitments, on 30 November 2022 the Commission tabled a proposal for a new regulation on packaging and packaging waste, to amend Regulation ( EU) 2019/1020 (the Market...
Context and adoption Escalating volumes of packaging production, coupled with limited re-use, inadequate collection and weak recycling, are major obstacles to delivering in practice a low‑carbon circular economy across the EU. Packaging relies heavily on virgin inputs and accounts for 36% of the EU’s municipal solid waste overall. The Commission reports that 40% of plastics and 50% of paper consumed in the EU are dedicated to packaging. On 11 March 2020, the Commission unveiled a new Circular Economy Action Plan for the EU. This plan, embedded in both the European Green Deal and the EU’s Industrial Strategy, set out measures to make sustainable products standard in the EU and to cut waste. On 30 November 2022, in line with the plan’s commitments, the Commission tabled a draft regulation on packaging and packaging waste, among other things to amend Regulation ( EU) 2019/1020 (the Market...
EU corporate governance centres on the ties linking a company’s management, its board, shareholders and wider stakeholders, and thus on how the undertaking is directed and controlled. 2003 EU Corporate Governance Action Plan In 2003, the Commission launched a formal action plan to improve corporate governance across Europe, entitled ‘ Modernising Company Law and Enhancing Corporate Governance in the European Union— A Plan to Move Forward’ (the 2003 Action Plan). It drew on the 2002 report of the High Level Group of Company Law Experts, chaired by Jaap Winter (the Winter Report), tasked with devising a modern regulatory framework for company law in Europe. The principal aims of the 2003 Action Plan were to: bolster shareholders’ rights and protections for employees, creditors and other counterparties, while tailoring company law and corporate governance rules to different categories of company promote business efficiency and...
Every website should be accessible, particularly to people with disabilities. Access to websites is regulated by Directive ( EU) 2016/2102 on the accessibility of websites and mobile apps of public sector bodies, the EU Web Accessibility Directive. Firms operating in the EU should also assess whether Directive ( EU) 2019/882, the European Accessibility Act, applies; it has a wider scope than the EU Web Accessibility Directive and covers products and services introduced to the market after 28 June 2025. See below for more, alongside Practice Note: The European Accessibility Act. Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA), foresees EU-level codes of conduct so that in-scope service providers offer accessible services. Further information appears below, together with Practice Note: The EU Digital Services Act. This Practice Note mainly highlights relevant EU rules and guidance on web...
EU Methane Regulation—introduction On 14 October 2020, the Commission unveiled the EU Methane Strategy, expressly intended to steer temperature pathways towards 2050 whilst also boosting overall air quality. The Strategy targets, in particular, the reduction of methane emissions within the energy, agriculture and waste sectors, as these areas together account for virtually the whole of anthropogenic methane output. In line with the commitments contained in the EU Methane Strategy, the Commission, on 15 December 2021, presented a proposal for a new regulation to govern methane emissions. The ensuing Regulation ( EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024, concerning the reduction of methane emissions in the energy sector (the EU Methane Regulation), was published in the Official Journal on 15 July 2024. It subsequently entered into force on 4 August 2024. For the fossil energy sector, the EU Methane...
Context What do methane emissions do? Methane ( CH4) ranks behind only carbon dioxide ( CO2) in its overall impact on climate change, accounting for roughly a third of present warming. While methane persists in the atmosphere for a shorter average period than CO2-around 10 to 12 years versus several hundred-its warming influence across a 20-year timespan is more than 80 times stronger than CO2. Over the past decade, global atmospheric methane levels have climbed steeply, prompting intensified international demands for action. International action On 20 September 2021, the EU and the USA unveiled the Global Methane Pledge, aiming to curb worldwide methane emissions by committing participating nations to cut them by at least 30% by 2030. Meeting this ambition could lower global warming by 0.2 o C by 2050. The Global Methane Pledge was officially introduced at COP26 in November 2021, with over 100...
This Practice Note summarises Directive ( EU) 2024/2831 on improving conditions in platform work (the EU Platform Work Directive). It sets out core definitions of platform work, establishes a rebuttable legal presumption, and lays down requirements governing algorithmic management. It also considers the rights of individuals undertaking platform work, together with routes for enforcement and possible sanctions. The Directive focuses on three strands: accurate classification of the employment status of those working via platforms; greater transparency and accountability for algorithmic decision-making; and stronger enforcement, plus enhanced transparency and traceability of work carried out through online platforms. Timeline Publication in the Official Journal of the EU: 11 November 2024 Entry into force: 1 December 2024 Transposition deadline: 2 December 2026 Background to the EU Platform Work Directive Platform work involves matching demand with the supply of paid work through an online platform that relies on an...
Directive ( EU) 2022/2041 on adequate minimum wages, commonly known as the EU Directive on Adequate Minimum Wages, is a central EU initiative to guarantee fair and sufficient minimum pay for all workers across its Member States. What’s happening Publication in the Official Journal of the EU — 25 October 2022 Entry into force — 14 November 2022 Transposition deadline — 15 November 2024 To track the implementation of the Directive in the Member States, see the ( Eur-lex website). Background, legal bases, and objectives of the Directive The Directive’s core aim is to ensure wages are sufficient to secure a decent standard of living for all workers, while confronting the rise of in-work poverty and narrowing wage inequalities between Member States. It stresses that minimum pay should be reviewed on a regular basis to reflect economic developments, inflation, and living...
This Practice Note outlines the obligations of cryptoasset service providers ( CASPs) under the EU’s Recast Wire Transfer Regulation 2 ( Recast EU WTR2), also known as the Recast Funds Transfer Regulation 2 ( Recast EU FTR2), together with the European Banking Authority’s ( EBA) Travel Rule Guidelines, effective from 30 December 2024. It delivers practical direction on addressing core hurdles for CASPs, including self-hosted addresses and the absence of a standardised messaging framework. Background On 20 July 2021, the Commission unveiled an ambitious set of legislative proposals to reinforce the EU’s anti-money laundering ( AML) and countering the financing of terrorism ( CTF) regime. The objective of this AML package was to enhance the detection of suspicious transactions and activities, and to seal gaps exploited by criminals to launder illicit proceeds or fund terrorist activities through the financial system. The AML package...
Spectrum, mobile network operators and mobile virtual network operators Spectrum (ie the range of wavelengths or frequencies across which electromagnetic radiation exists and extends) is the foundation of wireless communications, eg both mobile voice and data services and wi-fi services for users. A mobile network operator ( MNO) is ordinarily allocated particular spectrum bands in order to operate within the telecoms industry and thereby provide the network that allows customers to send and receive calls and texts and to access the internet. Yet spectrum is a limited resource, and questions can arise regarding its utilisation. Accordingly, spectrum licensing, assignment and management are regulated nationally and also at an EU level in practice today. A mobile virtual network operator ( MVNO) is a mobile communications service provider that contracts with an MNO so that the MNO supplies wholesale mobile electronic...
Background to the Single Supervisory Mechanism In the wake of the 2008 financial crisis, heightened concern spread across the EU about threats to the stability of the single currency and the integrated market for banking services. To tackle these issues, strengthen financial stability and aid economic recovery, the EU has been building a European Banking Union, anchored in a single regulatory rulebook for financial services, to advance the integration of banking supervision across the EU. At its core sits the Single Supervisory Mechanism ( SSM), created by Council Regulation ( EU) 1024/2013 and complemented by the SSM Framework Regulation, Regulation ( EU) 468/2014. The SSM seeks to ensure that oversight of credit institutions is coherent and effective, and consistent with the functioning of the internal market for financial services and the free movement of...
Background to the Single Rulebook The European Council coined the term Single Rulebook in 2009, with the aim of creating a prudential regulatory framework applied consistently across the EU financial sector, thereby boosting coherence, transparency and efficiency. The objective was to remove regulatory gaps and help the Single Market function more effectively. Single Rulebook—core provisions The core provisions of the Single Rulebook are as follows, alongside their associated delegated and implementing acts, regulatory technical standards ( RTS), implementing technical standards ( ITS), guidelines and recommendations, and related Q& As: the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR) and the Capital Requirements Directive 2013/36/ EU ( EU CRD IV)......
RED II—overview The recast Renewable Energy Directive ( Directive ( EU) 2018/2001, RED II) took effect on 24 December 2018, with a deadline for transposition of 30 June 2021. Its main objective is to set a common framework to advance the use of energy from renewable sources. Directive ( EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, concerning the promotion of renewable energy and amending RED II, Regulation ( EU) 2018/1999 (the Governance Regulation) and Directive 98/70/ EC, appeared in the Official Journal on 31 October 2023 and came into force on 20 November 2023. The transposition deadline is 21 May 2025, save for the following items which had to be enacted in national law by 1 July 2024: the new Article 15(e) of Directive ( EU) 2018/2001 (covering the designation of dedicated...
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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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