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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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Objectives Batteries are vital power sources and an essential technology underpinning the worldwide shift towards climate neutrality and a more circular economy. As a result, worldwide battery demand is surging and is projected to be 14 times higher by 2030. This trend is chiefly fuelled by the expansion of the digital economy, the requirement for storage of energy produced from renewables, and low‑carbon transport. The proliferation of battery‑powered electric vehicles will render this market strategically important at a global scale. On this footing, the Commission set out proposals for substantial changes to the batteries framework, largely created by Directive 2006/66/ EC (the Batteries Directive), within the EU’s 2020 Circular Economy Action Plan. The ensuing Regulation ( EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries (the Sustainable Batteries Regulation) appeared in the Official Journal of the EU on 28...
Below is a record of every Commission preliminary probe concluded under the Foreign Subsidies Regulation ( EU) ( Regulation 2022/2560) (the FSR). For details on all live Commission FSR enquiries, see: Foreign Subsidies Regulation—ongoing cases tracker. For information on all finalised Commission in‑depth reviews, see: FSR in‑depth investigations—closed cases tracker. For updates on challenges before the General Court and the Court of Justice, see: General Court FSR appeals—ongoing cases tracker and Court of Justice FSR appeals—ongoing cases tracker. 2026 Case ( Case number) Type of assessment Industry sector Latest development Salzgitter Mannesmann/ Hüttenwerke Kruppe Mannesmann ( FS.100311) Concentration Manufacture of basic iron and steel and of ferro‑alloys • Deadline has passed—13/05/2026 • Notification—07/04/2026 Orange/ Masorange ( FS.100292) Concentration Wired, wireless, and satellite telecommunications activities • Deadline passed—13/05/2026 •...
Sharm el- Sheikh Summit ( COP27/ CMP17/ CMA4) ARCHIVED: This Practice Note is archived and not being maintained. Location: Sharm el- Sheikh, Egypt Date: 6 November–20 November 2021 Subject: Climate change, international environmental law, climate targets Background on the UNFCCC The United Nations Framework Convention on Climate Change ( UNFCCC), concluded at the 1992 ‘ Earth Summit’ in Rio de Janeiro, seeks to stabilise greenhouse gas ( GHG) levels in the atmosphere at a point that avoids dangerous human-caused climate change. There are 198 Parties to the Convention. At the outset, the UNFCCC focused on setting national GHG baselines, using 1990 as the reference year. The Conference of the Parties ( COP) is the Convention’s governing forum, meeting each year-unless Parties agree otherwise-to review progress in addressing climate change. For further detail, see Practice Note: United Nations Framework Convention on Climate Change...
The EU has set ambitious goals to realise ‘ A Europe Fit for the Digital Age’, steering the Union’s digital transformation. Counted among the six European Commission priorities for 2019–2024, this Practice Note outlines the principal measures advanced by the Commission to meet this aim. For fuller detail on headline EU digital actions, see Practice Note: Key EU digital initiatives-summary. Timeline On 19 February 2020, the European Commission adopted ‘ Shaping Europe’s Digital Strategy’, a policy roadmap for the Union’s digital overhaul. This was followed on 9 March 2021 by the Communication ‘2030 Digital Compass: the European way for the Digital Decade’ ( Digital Compass Communication), which set out a vision to secure a successful EU digital transition by 2030. The 2030 targets rest on four cardinal points: digital skills digital infrastructures digitalisation of businesses ...
What are CCPs and what do they do? A central counterparty ( CCP) is a form of financial institution, often called a clearing house, that enables the clearing of both over-the-counter ( OTC) derivatives and exchange-traded derivatives ( ETDs). CCPs are recognised as financial market infrastructures ( FMIs). A derivative is a financial instrument whose value is set by reference to, and therefore derived from, an underlying asset, index, rate, reference point or risk (known as the underlying asset or simply the underlying). Derivatives are bi-lateral agreements that shift some or all of the risk and reward linked to the underlying from one party to another, without any immediate delivery of the underlying item. The terms of OTC derivatives are negotiated directly between the counterparties, or in certain instances arranged via a broker. OTC derivatives are distinct from derivatives, typically futures or options, that are...
This Practice Note sets out a summary of Directive 2011/83/ EU, the EU Consumer Rights Directive ( EU CRD), together with changes brought in by Directive ( EU) 2019/2161, the EU Omnibus Directive, Directive ( EU) 2024/825, the EU Empowering Consumers Directive, and Directive ( EU) 2023/2673, the Revised EU Distance Marketing of Consumer Financial Services Directive. It outlines the reach of the EU CRD, core definitions distinguishing distance, off-premises and other contracts, the information that must be given to consumers, and consumers’ cancellation rights (the right of withdrawal). It also addresses rules on additional payments, payment surcharges, help-lines, delivery, and the transfer of risk. This Practice Note does not deal with UK legislation. For details on UK legislation, see Practice Notes: Distance, doorstep and on-premises sales Consumer Rights Act 2015—summary Consumer Rights Act 2015—goods Payment...
This Practice Note This Practice Note monitors and distils significant new and forthcoming EU regulatory guidance, legislation and related policy activity (for example, consultations and communications) tied to the transport and travel sector in the EU. In particular, the tracker spans every open, closed and future consultation, evaluation and proposal concerning guidance, code of practice and legislation across the transport and travel sector. Priority files comprise revisions to rail passengers’ rights and obligations, the Eurovignette Directive, the Trans- European transport network ( TEN- T), Intelligent Transport Systems ( ITS), and the Single European Sky ( SES). EU transport policy seeks to deliver efficient, safe and environmentally friendly mobility for people in the EU. For example, the EU sets rules on traffic congestion, innovation, gas emissions, security and safety, the intelligent transport system, passenger rights and infrastructure funding. Travel and tourism...
Background and aims At EU level, a range of Directives on gender equality and working conditions have already dealt with matters linked to work–life balance, notably: Directive 2006/54/ EC on enforcing the principle of equal opportunities and equal treatment for women and men in employment and occupation (recast) Directive 2010/41/ EU on applying equal treatment between women and men engaged in self‑employed activities Directive 92/85/ EEC introducing measures to improve workplace safety and health for pregnant workers and for those who have recently given birth or are breastfeeding Directive 97/81/ EC concerning the Framework Agreement on part‑time work Directive 2010/18/ EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, the Parental Leave Directive The principles of gender equality and work–life balance are reiterated in Principles 2 and 9 of the European Pillar of Social...
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 principal aim is to establish a unified framework to advance energy derived from renewable sources. Directive ( EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, relating to the promotion of energy from renewable sources and amending RED II, Regulation ( EU) 2018/1999 (the Governance Regulation) and Directive 98/70/ EC, was published in the Official Journal on 31 October 2023 and entered into force on 20 November 2023. Its general transposition deadline is 21 May 2025, save for the following measures which had to be reflected in national law by 1 July 2024: the new Article 15(e) of Directive ( EU) 2018/2001 (covering the designation of dedicated...
Background European Green Deal and the EU Biodiversity Strategy for 2030 The European Green Deal was unveiled in December 2019 as a blueprint to make the EU’s economy sustainable by reframing climate and environmental hurdles as opportunities across every policy domain, and ensuring a fair, inclusive transition for everyone. As a component of the Green Deal, the Commission adopted the EU Biodiversity Strategy for 2030 on 20 May 2020. From this Strategy emerged the principal legislative initiative: the first EU‑level ‘ Nature Restoration Act’. Until 2024, the EU’s biodiversity law rested chiefly on three pillars: Habitats Directive ( Directive 92/43/ EEC) Birds Directive ( Directive 2009/147/ EC) Water Framework Directive ( Directive 2000/60/ EC) Collectively, these Directives require Member States to take suitable steps to conserve and revive natural habitats, wild fauna and flora, and aquatic ecosystems, and to guard them against...
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
Urban wastewater is a major driver of water contamination, frequently carrying bacteria, viruses, hazardous chemicals including micropollutants, and surplus nutrients. When released without treatment, these pollutants can threaten human health and harm ecosystems in rivers, lakes and coastal waters... Background to the original Urban Wastewater Treatment Directive ( Directive 91/271/ EEC) The original Urban Wastewater Treatment Directive (91/271/ EEC) took effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, along with the monitoring, treatment and discharge of wastewater from specific industrial sectors listed in Annex III. Milk processing Meat and fish processing Manufacturing of fruit and vegetable products Manufacturing and bottling of soft drinks Etc. Its objective was to protect the environment from the negative impacts of these discharges. A 2019 evaluation concluded the Directive had boosted wastewater collection and treatment across the EU, yet determined that a thorough overhaul was...
This Practice Note summarises the applicability and scope of Directive 2014/24/ EU (the EU Public Sector Directive) to specific procurements. To establish whether the Directive applies, a contracting authority should consider four principal questions: does the contract fall within the definitions of public works, services or supply contracts? is the contract being awarded by a contracting authority? is the relevant EU threshold exceeded? is the contract, on an exceptional basis, excluded from the Directive’s scope? Does the contract fall within the definition of public works, services or supply contracts? Public works contract A public works contract is a public contract the subject-matter of which comprises any of the following: the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II the execution, or both the design and...
Key information Floods Directive Official title: Directive 2007/60/ EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (the Floods Directive) In force from: 26 November 2007 ( Art 18) Transposition deadline: 25 November 2009 ( Art 17) National implementation: See Eur- Lex information on national transposition measures, as provided by Member States Amendments: None Subject: Flooding Purpose of the Floods Directive The Directive sets a common approach to evaluate, manage and lessen the risk of floods—particularly along rivers and in coastal zones—to protect human health, the environment, property and economic activity across the EU. It calls for the assessment of flooding risk within river basins, the creation of flood hazard and risk maps wherever serious flood risk is present, and the preparation of flood risk...
Purpose Directive 91/271/ EEC on urban wastewater treatment (the UWTD) came into effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, as well as the oversight, treatment and release of effluent from specified industrial sectors named in Annex III. The UWTD’s aim is to shield the environment from the harmful impacts of such discharges. milk processing meat and fish processing manufacturing of fruit and vegetable products manufacturing and bottling of soft drinks etc European Green Deal—recast of the Urban Wastewater Treatment Directive A 2019 assessment of UWTD implementation found it had raised collection and treatment rates across the EU, yet concluded a comprehensive update was necessary to confront ongoing and emerging pollution (for example pharmaceuticals and microplastics), to build climate resilience, to align with the circular economy via better resource...
EU external border governance has been in continual flux, driven in particular by the exceptional influx of refugees, irregular migration, and the digitalisation of control mechanisms. A closer look at amendments to the Schengen Borders Code also makes clear how lessons from the coronavirus ( COVID-19) pandemic have shaped its evolution over recent years. The EU’s principal aims here include progressively creating an integrated management framework for the external frontiers, strengthening backing for migration management, intensifying action against cross-border crime, and bolstering national authorities to improve internal security. The ‘ EU Migration and Asylum’ policy forms a significant strand of external border control more broadly. Nevertheless, this Practice Note does not examine that policy; instead it concentrates on the general Schengen visa regime, the core instruments and platforms already deployed—the Visa Information System ( VIS) and the Schengen Information System ( SIS)—and those still...
This tracker is designed to monitor developments in EU design judgments, legislative proposals, and ongoing EU consultations, guidance and reports concerning designs. For details on UK design judgments, legislative proposals, and current UK consultations, guidance and reports relating to designs, see Practice Note: Designs tracker— UK. For archived design materials, see Practice Note: Designs tracker 2017–2022 [ Archived]. Legislation, consultations, guidance and reports For archived designs legislation, see Practice Note: Designs tracker 2017–2022 [ Archived]— Legislation. For archived design consultations, see Practice Note: Designs tracker 2017–2022 [ Archived]— Consultations. What's happening? When? Find out more EU design legislation reform package 9 December 2027: Transposition deadline for Member States for Directive ( EU) 2024/2823 (the Directive) 1 July 2026: Regulation ( EU) 2026/715 (the EU Design Regulation (codified)) enters into force and related secondary legislation applies 30 March 2026: EU Design Regulation...
This Practice Note is a forward-looking scanner mapping upcoming developments in EU IP law. It sets out key dates for your diary (including indicative timings where the precise date is not yet confirmed) and offers commentary on: Legislation and consultations: Regulations and Directives not yet in force, partly in effect, or subject to phased implementation Open consultations and consultations awaiting a response Case appeals: European Patent Office ( EPO) Enlarged Board of Appeal ( EBA) This horizon scanner excludes past developments, such as legislation that has commenced or judgments already delivered. For coverage of previous EU IP developments, see Practice Notes: Copyright and databases tracker— EU ...
This note’s initial iteration was authored by the late Professor Alexander Türk. Definition of proportionality Under the principle of proportionality, action taken by the EU and by member states must not extend beyond what is strictly necessary to secure the objectives sought, and should be confined to measures needed to achieve those aims. The Court of Justice of the European Union has affirmed proportionality as a general principle of EU law. The court’s test for reviewing a measure’s proportionality stems from continental law, with particular roots in the German legal tradition. Use of the principle of proportionality against EU member states The principle of proportionality can be invoked against member states when they act within the scope of EU law, notably where they restrict the free movement rights conferred by EU law. For background reading, see Practice Note: The four...
Article 102 TFEU Across the EU, behaviour by single-firm or otherwise dominant businesses is controlled under Article 102 TFEU and applies throughout the Union. That clause bars undertakings that, alone or together, enjoy a dominant position in the internal market, or a material portion of it, from exploiting that power—absent objective justification—where such conduct may influence trade between Member States. Equivalent rules appear in Member States’ national competition regimes and closely mirror Article 102’s approach. Article 102 imposes a special responsibility on dominant undertakings, intended to ensure that powerful companies do not skew markets, deal unfairly with customers, or blunt competitive pressure by shutting out rivals, notably by: setting, directly or indirectly, unfair purchase or selling prices, or imposing other unjust trading terms, restricting output, markets, or technological progress to the detriment of consumers, applying unequal terms to...
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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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