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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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Starting the process of translating policy to legislation At European level, the creation and application of rules by supranational institutions is directed by the Lamfalussy process. It was crafted by the ' Committee of Wise Men' on the Regulation of European Securities Markets (the Lamfalussy Committee) and set out in its final report of 15 February 2001. The four-level Lamfalussy framework is presented in diagrammatic form in Appendix 1, while Levels 1 and 2 receive fuller treatment in Appendices 2 and 3. It is, nevertheless, vital to keep in view who constitutes the component parts of each of the supranational bodies in question. Understanding their roles and membership remains a constant consideration throughout. European Parliament The European Parliament is the European Union's directly elected parliamentary body. Its members ( MEPs) are chosen by the citizens of every member state. Together with the Council of the...
ARCHIVED: This Practice Note is archived and no longer updated. It charts the advancement of the European Commission’s draft Regulation creating a shared framework for media services within the internal market—known as the European Media Freedom Act ( EMFA)—as it moves through the ordinary legislative route. Background In 2020, via the European Democracy Action Plan, the Commission underlined the necessity of bolstering media freedom and pluralism. In 2021, during her State of the Union address, Commission President Ursula von der Leyen unveiled an initiative to safeguard media independence across the EU. That initiative was included in the Commission’s 2022 Work Programme. On 10 January 2022, a public consultation was launched. On 16 September 2022, the Commission issued a proposal for a Regulation setting a common framework for media services in the internal market—the European Media Freedom Act ( EMFA)—seeking to safeguard and promote media independence and pluralism in the EU...
Key information EU PIC Regulation title: Regulation ( EU) 649/2012 of the European Parliament and of the Council of 4 July 2012 on the export and import of hazardous chemicals (recast) Entry into force: 16 August 2012 Applicable from: 1 March 2014 Transposition deadline: N/ A— Regulations apply directly to Member States and do not require national transposition Amendments: Commission Delegated Regulation ( EU) No 1078/2014 (7 August 2014) updating Annex I to Regulation ( EU) 649/2012 on the export and import of hazardous chemicals. In force: 4 November 2020; application: 1 December 2014 Commission Delegated Regulation ( EU) 2015/2229 (29 September 2015) revising Annex I to Regulation ( EU) 649/2012 on the export and import of hazardous chemicals. In force: 23 December 2015;...
A Block Exemption Regulation ( Block Exemption) is a measure issued by the European Commission ( Commission) that furnishes a legal footing for restraints which would otherwise fall foul of the ban in Article 101(1) TFEU, provided such restraints sit within that Block Exemption’s scope. Every Block Exemption rests on the assumption that any restrictive arrangement within its reach satisfies the four criteria in Article 101(3) TFEU required to obtain an individual derogation from Article 101(1) TFEU (see also, Introduction to the application of Article 101 TFEU to vertical agreements, Article 101(1) TFEU—the prohibition on restrictive agreements, and Individual exemptions under Article 101(3) TFEU). Accordingly, each Block Exemption Regulation establishes a safe harbour, shielding restrictive practices from legal challenge under Article 101 TFEU. The previous Vertical Agreement Block Exemption Regulation 330/2010 ( VBER 2010), which lapsed on 31 May 2022 (as well as...
Context Under the European Green Deal, the EU has outlined bold goals to cut its greenhouse gas emissions steadily each year up to and beyond 2030, with the ultimate objective of reaching net zero emissions by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding and enforceable duty on the EU to deliver a 55% drop in carbon emissions from 1990 levels by 2030, and to attain full carbon neutrality by 2050. The European Commission estimates that producing and using energy is directly responsible for over 75% of the EU’s greenhouse gas output. Rapid, far-reaching decarbonisation of the energy system is therefore essential to meeting both the 2030 and 2050 emissions goals respectively. To this end, the EU is designing and applying a comprehensive legal and policy framework for a...
This Practice Note monitors live European Commission ( EC) trade remedy investigations. The Directorate General for Trade Defence within the EC examines dumping, subsidies and safeguards, and advises when anti-dumping, countervailing or safeguard measures should be applied to protect the EC’s domestic industries. It also undertakes numerous reviews of measures already imposed. Live EC trade remedy investigations and reviews. Citric acid— Case R851, People’s Republic of China: Expiry Review, Article 11(2); Notice of Initiation—14/04/2026. Grain-oriented flat-rolled products of silicon-electrical steel— Case SAFE011, Erga Omnes: Initial investigation SFG, Article 00; Notice of Initiation—27/03/2026. Aluminium extrusions— Case R850, People’s Republic of China: Expiry Review, Article 11(2); Notice of Initiation—27/03/2026. Copper tubes— Case AD750, Uzbekistan, Mexico, Vietnam, People’s Republic of China: Initial Investigation, Article 5; Notice of...
This Practice Note outlines Directive ( EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (the EU UTP Directive). It sets out the background, scope and enforcement of the EU UTP Directive. It also clarifies which practices are permissible where the supplier and buyer have clearly agreed them in advance, and identifies those trading behaviours deemed unfair in all circumstances. The EU UTP Directive was adopted on 17 April 2019, Member States had to transpose it by 1 May 2021 and apply the measures by 1 November 2021. The Directive’s purpose is to protect weaker suppliers in the agriculture and food supply chain from stronger buyers. Background Over the last three decades, the business-to-business ( B2B) food and non-food supply chain across the EU has been shaped by increased...
This Practice Note reviews Directive ( EU) 2019/1937 of the European Parliament and of the Council, dated 23 October 2019, on safeguarding persons who disclose breaches of Union law (the Whistleblowing Directive). It lays down rules and procedures to shield ‘whistleblowers’—people who, in a work-related setting, report information on violations of EU law in key policy fields—and, in defined circumstances, certain associated third parties. Member States had to transpose Directive ( EU) 2019/1937 into domestic law by 17 December 2021. Although implementation at national level began slowly, every Member State has now adopted at least one implementing measure. For further details, see: National implementation, below. The Directive is not part of retained EU law after IP completion day (31 December 2020) and therefore has no application in the UK. In October 2019, the UK government confirmed it would not take steps to transpose the...
This Practice Note monitors the ongoing revision of EU block exemption rules and related guidance, including: the Vertical Block Exemption Regulation ( VBER) and its Vertical Guidelines; the Research and Developments Block Exemption Regulation ( R& D Block Exemption Regulation) and the Specialisation Block Exemption Regulation, together known as the Horizontal Block Exemption Regulations ( HBERs), with the accompanying Horizontal Guidelines; the Motor Vehicles Block Exemption Regulation ( MVBER); the Liner Shipping Consortia Block Exemption Regulation ( CBER); and the Technology Transfer Block Exemption Regulation ( TTBER). It does not address block exemption regulations for State aid. For UK legislation on block exemptions and live policy work, see Practice Note: UK block exemptions revision—tracker. For EU competition law legislation, guidance and other policy developments in train, see Practice Note: EU competition horizon scanning—2025 and...
ARCHIVED : This Practice Note has been archived and is not maintained. Directive 2009/28/ EC of the European Parliament and of the Council, dated 23 April 2009, concerns the promotion of energy from renewable sources and also amended, then repealed, Directives 2001/77/ EC and 2003/30/ EC (the Renewable Energy Directive, RED). In force from: 25 June 2009 ( Article 28 of Directive 2009/28/ EC, RED). Transposition deadline: 5 December 2010 ( Article 27 of Directive 2009/28/ EC, RED). Amendments Council Directive 2013/18/ EU of 13 May 2013 adapted the RED following the Republic of Croatia’s accession. Note: it solely added Croatia’s renewable targets to Annex I, Part A. Directive ( EU) 2015/1513 of 9 September 2015 amended Directive 98/70/ EC on the quality of petrol and diesel fuels and revised the RED (text with EEA...
This Practice Note offers an overview of the European Council, its make-up and powers. Composition and work organisation Recognised as an EU institution in 2009, the European Council indeed brings together the heads of state or government of the EU Member States, the President of the European Council and also the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in its activities. It meets twice every six......
This Practice Note sets out a concise overview of the European Parliament, describing its make-up and functions. As one of the EU’s institutions, it wields legislative, supervisory and budgetary authority, shaping laws, overseeing other bodies and agreeing the EU budget... Composition and organisation The European Parliament is the EU’s only directly elected institution. EU citizens choose Members of the European Parliament ( MEPs) every five years. Each Member State elects a number of MEPs proportionate to its population; for the 2024–2029 term there are 720 MEPs in total. The Parliament must adopt its Rules of Procedures, which set out how it is organised and how it operates, as well as the statute that defines the rules governing the performance of MEPs’ duties. Within the Parliament, MEPs form groups based on political alignment rather than nationality......
This Practice Note This Practice Note examines the debtor’s position where a creditor seeks to enforce a judgment, court settlement, or authentic instrument concerning an uncontested claim under Regulation ( EC) 805/2004—the European Enforcement Order Regulation (the EEO Regulation)—by relying on an EEO. References to “judgments” in this Note should be understood to include court settlements and authentic instruments. A core requirement for an EEO is that the claim was uncontested, as described in Recital (5) of the EEO Regulation: this covers situations where, after verified absence of any challenge by the debtor to the nature or amount of a pecuniary claim, the creditor has obtained either a court decision against the debtor or an enforceable document requiring the debtor’s express consent, whether a court settlement or an authentic document. Once a judgment is certified as an EEO, for enforcement it is treated as if...
This tracker monitors the EU’s negotiated trade deals that are already in force. It covers provisional arrangements that facilitate commerce whilst talks on a definitive free trade agreement are underway, or until a final free trade agreement enters into force. It also lists agreements with a trade element, even where these do not amount to a comprehensive free trade agreement. Country Agreement Albania — Stabilisation and Association Agreement Algeria — Euro- Mediterranean Association Agreement Andorra — Customs Union Antigua and Barbuda — Economic Partnership Agreement Armenia — Comprehensive and Enhanced Partnership Agreement Azerbaijan — Partnership and Cooperation Agreement Bahamas — Economic Partnership Agreement Barbados — Economic Partnership Agreement Belize — Economic Partnership Agreement Bosnia and Herzegovina — Stabilisation and Association......
This overview charts the principal steps of EU legislative procedures concerning data across the Union. On 19 February 2020, the European Commission launched its ‘ European Strategy for data’, with the objective of creating a single market for data that will strengthen the EU’s global competitiveness and enable innovative processes, products and services within the European Union. This tracker highlights non-personal data initiatives and features the following key initiatives: EU Data Governance Act EU Data Act EU Open Data Directive European Health Data Space European Mobility Data Space European Tourism Data Space Access to vehicle data Data collection for short-term rentals Please note this tracker does not include the proposal for a Regulation on a framework for Financial Data Access, issued on 28 June 2023, at present. For further details on other elements of the EU digital...
Key information EU Single Use Plastics Directive Official title: Directive ( EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on reducing the impact of certain plastic products on the environment Commencement: 2 July 2019 Transposition deadlines: 3 July 2021, subject to: Member States must put in place measures to meet Article 6(1) (design requirements) from 3 July 2024 Member States must put in place measures to meet Article 8 (extended producer responsibility) by 31 December 2024. For extended producer responsibility schemes set up before 4 July 2018, and for single-use plastic products listed in section III of Part E of the Annex, Article 8 should have applied by 5 January 2023 National...
Introduction to EU REACH ‘ EU REACH’ refers to Regulation ( EC) 1907/2006 of the European Parliament and the Council on the registration, evaluation, authorisation and restriction of chemicals. Taking effect on 1 June 2007, it consolidated various EU chemical Directives and Regulations into a single regime, directly applicable in all EU Member States. REACH places the onus on those manufacturing and/or importing goods that contain chemicals to understand and manage the risks of substances placed on the EU market and how they are used. The key aims of REACH are to: deliver a high level of protection for human health and the environment enable the free movement of substances within the EU market strengthen the EU chemicals industry’s competitiveness and drive innovation support alternative methods for assessing hazardous properties, such as quantitative structure-activity relationships This Practice Note is part of a broader suite of guidance on EU REACH. For...
Introduction to EU REACH EU REACH is the shorthand for Regulation ( EC) 1907/2006 of the European Parliament and the Council, which addresses the registration, evaluation, authorisation and restriction of chemicals. Taking effect on 1 June 2007, EU REACH consolidated various EU chemical Directives and Regulations into a single legislative framework that applies directly across all the EU Member States. Under EU REACH, the duty to identify and control risks linked to chemicals placed on the EU market, and how they are used, falls on those who manufacture and/or import goods that contain such substances. It applies directly to all the Member States of the EU. It replaced many EU Directives and Regulations with one law. The core objectives of REACH are to: secure a high standard of protection for human health and the...
Introduction to EU REACH ‘ EU REACH’ denotes Regulation ( EC) 1907/2006 of the European Parliament and of the Council, addressing the registration, evaluation, authorisation and restriction of chemicals. Effective from 1 June 2007, it replaced multiple EU chemical directives and regulations with a single, coherent regime, directly applicable across all EU Member States. Under EU REACH, the obligation to understand and manage the risks of chemicals placed on the EU market—and how they are used—falls on those who manufacture and/or import goods containing such substances. The regulation seeks to: secure a high level of protection for human health and the environment enable the unrestricted movement of substances within the EU market strengthen the EU chemicals industry’s competitiveness and drive innovation encourage methods other than vivisection and/or animal testing to assess hazardous...
Introduction to EU REACH ' EU REACH' is the short form for Regulation ( EC) 1907/2006 of the European Parliament and the Council, addressing the registration, evaluation, authorisation and restriction of chemicals. Effective from 1 June 2007, EU REACH merged multiple EU chemical Directives and Regulations into a single legal framework, applying directly in every EU Member State. The system puts the onus on those manufacturing and/or importing goods that contain chemicals to understand and manage the risks of chemicals placed on the EU market and their use. The core objectives of EU REACH are to: secure a high level of protection for human health and the environment enable the free circulation of substances within the EU market boost the competitiveness and innovation of Europe’s chemicals sector encourage assessment methods other than vivisection and/or animal testing for...
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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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