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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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Tying and bundling Within EU competition law, tying and bundling are chiefly examined as forms of abusive dominance. Article 102(d) TFEU expressly refers to tying, describing it as requiring counterparties to accept supplementary obligations that, by their nature or according to commercial usage, are unconnected with the subject of the contract. Numerous EU investigations have flagged tying and bundling by firms holding market power (i.e., dominance). These include prominent matters in traditional goods and services, and in newer technology markets, exemplified by cases concerning Microsoft’s integration of its media player and browser with its operating system. In recent years, the free provision of digitised, internet-based products and services has increasingly been cast as anti-competitive tying or bundling, particularly in complaints aimed at Google and Meta. This trend has prompted questions over whether the established approach of competition authorities to tying and bundling is...
This Practice Note centres on supply chain sustainability within the EU and the implementing legislative measures of the European Green Deal. It offers a practical outline of the principal laws across core themes such as supply chains, product-specific regimes, and sustainability-linked due diligence obligations for trading in the EU. Note that wider, product‑specific rules should likewise be taken into account when evaluating due diligence duties. This Practice Note does not address UK legislation. For further information on legislation in the UK, see Practice Note: Supply chain sustainability— UK. What is supply chain sustainability in the EU and why is it important? During the last ten years, the EU has shifted supply chain sustainability from a voluntary strand of corporate social responsibility to a core element of regulatory compliance under the European Green Deal. This embodies the view that sustainable supply networks are essential to...
Omnibus I (sustainability simplification package)—introduction The Commission issued a Communication on Simplification and Implementation on 12 February 2025, which sets out how it intends to make applying EU rules easier in practice over its 2024–2029 mandate, and elaborates further on the Commission’s plan to streamline a range of EU legislative measures. As highlighted in that Communication, a principal objective for this period is to cut administrative burdens (including reporting obligations) by at least 25% for all companies, and by at least 35% for small- and medium-sized enterprises ( SMEs). As an immediate priority, in particular, the Commission aims to address what it regards as overlapping, needless, or disproportionate requirements that weigh on EU businesses and which may, as a result, stifle growth and hinder development. This ambition is to be delivered chiefly through the adoption of omnibus...
EU mandatory corporate sustainability reporting—core legal framework Corporate sustainability—understood as performance against environmental, social and governance ( ESG) standards—has risen sharply in importance among investors, consumers and employees in recent years. In parallel, there has been swift expansion of ESG criteria (also called ESG metrics or factors) used to assess how a, typically corporate, undertaking performs. The central aim of the EU and worldwide mandatory and voluntary ESG reporting regimes is to gather quantifiable information demonstrating whether corporate bodies are genuinely ‘sustainable’ for each ESG measure pertinent to their operations, and to make those data as open and accessible as possible for investors and other stakeholders. Within the EU, the principal legislation setting out compulsory sustainability reporting is Directive 2013/34/ EU on annual financial statements, consolidated financial statements and related reports of certain categories of undertakings (the EU Accounting Directive), as updated...
This Practice Note sets out the essentials of Regulation ( EU) 2024/2847, the EU Cyber Resilience Act ( CRA): its background, timeline, aims, and how it aligns with other EU laws. For details on the CRA’s scope or core duties for economic operators, see the following Practice Notes: The EU Cyber Resilience Act—scope and classification of products The EU Cyber Resilience Act—obligations, compliance and enforcement Regulation ( EU) 2024/2847, known as the CRA, is the first EU measure to set mandatory cybersecurity requirements for ‘products with digital elements’ across the EU. From December 2027, products that do not satisfy these requirements cannot be placed on the EU market. Accordingly, compliance will be crucial for market entry for both hardware and software. Manufacturers, importers and distributors will have extensive cybersecurity responsibilities and risk significant fines for...
Applicant seeking service This Practice Note explains the procedure for serving documents through transmitting and receiving agencies under Regulation ( EU) 2020/1784, the Service Regulation (recast), Chapter II, section 1. It addresses what each agency requires, how service is carried out, and when an addressee may decline service. It also outlines how the date of service is fixed, which can be crucial where limitation could arise, and it discusses the costs of using this route. For details of the transmitting and receiving agencies appointed by the EU Member States, see the Europa e-justice portal— Serving documents (recast). The portal lists the EU Member States; select a country to display the relevant information. This Practice Note should be read alongside Practice Note: The Service Regulation (recast). In practice, this route of service can be time-consuming: build in time for delay, or consider using more than one...
ARCHIVED This Practice Note is archived and no longer maintained. It brings together closed legislative proposals, published judgments and completed consultations from 2023–24, which are no longer listed in the current Trade marks tracker— EU as they are not from the present year. To monitor ongoing legislative proposals, relevant judgments, consultations, guidance and reports on EU trade marks, see Practice Note: Trade marks tracker— EU. For archived material before 2023, see Practice Note: Trade marks tracker 2017–2022 [ Archived]. Legislation, consultations, guidance and reports For current legislation, consultations, guidance and reports, see: Trade marks tracker— EU— Legislation, consultations, guidance and reports. For archived developments before 2023, see Practice Note: Trade marks tracker 2017–2022 [ Archived]. What's happening? When? Find out more Commission Implementing Regulation ( EU) 2024/2399 of 12 September 2024 amending Commission Implementing Regulation ( EU) 1352/2013 establishing the forms provided for in Regulation ( EU)...
This Practice Note is designed to monitor progress on European Health Data Space ( EHDS) developments, spanning legislative changes, stakeholder feedback (for example, the European Federation of Pharmaceutical Industries and Associations ( EFPIA) and Med Tech Europe), core regulatory guidance and initiatives, and relevant consultations... Overview of the European Health Data Space Regulation As the first sector-specific strand within the broader European strategy for data—alongside Regulation ( EU) 2023/2854, the EU Data Act, and Regulation ( EU) 2022/868, the EU Data Governance Act—the EHDS establishes a harmonised legal framework for accessing, exchanging, and using electronic health data ( EHD) across the EU. The European Commission presented the Proposal for a Regulation on the EHDS on 3 May 2022, and on 25 March 2025 Regulation ( EU) 2025/327 on the European Health Data Space, amending Directive 2011/24/ EU and Regulation ( EU) 2024/2847, entered into force,...
The EU has long championed fairness and equality in the workplace. Across the years, meaningful progress has been made to address the enduring challenge of equal treatment and the gender pay imbalance, which continues to be a pressing concern. Against this backdrop, Directive ( EU) 2023/970 — the EU Pay Transparency Directive ( EU PTD) — is a pivotal statute intended to shrink the gender pay gap, increase openness in pay frameworks and secure effective remedies for discrimination. This Practice Note reviews the EU legal framework on equal treatment and equal pay, charting the development of the principal measures since the late 1970s, the updates introduced by the EU Pay Transparency Directive and what these mean for both employers and workers. Principles of equality in the EU Treaties Equality is a foundational element of EU law and societal values, firmly embedded in the...
We have created a compendium that brings together a body of essential practical guidance on the particular legal and operational implications of data protection law within the EEA. The compendium centres on the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) regime. Regarding the collection’s subject matter, there are notable similarities between the EU......
Also prepared in partnership, with contributions from Marylis Clerc of Bird & Bird and Sapna Palla of White & Case LLP. What are paediatric medicines and why do we need them? Paediatric medicines are medicinal products intended for children from birth up to, but not including, 18 years of age. Over recent decades, very limited research and development in this area occurred. Numerous medicines were neither studied nor authorised for paediatric use, compelling clinicians to modify dosage and presentation of adult medicines according to their own judgement. Unsurprisingly, such widespread off-label practice carried a higher likelihood of poor efficacy and adverse reactions in children. A report by the European Medicines Agency ( EMA) states that, despite scarce data, harm did occur and was frequently underreported. Multiple factors explain the shortfall in paediatric R& D, including the perception that enrolling children in clinical trials was...
This Practice Note considers the continued right of residence for EU citizens beyond the initial three-month period when they are not engaged as workers or self-employed. Throughout, ‘ EU citizens’ denotes nationals of EU Member States. Nationals of the European Economic Area— Norway, Iceland and Liechtenstein—likewise benefit from EU free movement law under Directive 2004/38/ EC, the Citizens’ Directive. Accordingly, references to EU citizens in this Practice Note also include EEA nationals. Students EU national students obtain a right to reside for more than three months under the Citizens’ Directive if they: are registered at a public or private institution, accredited or financed from public funds in accordance with the host state’s law or administrative practice, for the principal purpose of pursuing a course of study, including vocational training hold comprehensive sickness insurance cover in the host Member State provide a...
Intellectual property ( IP) protection for plant-related inventions Protection for plant-focused inventions is available through the patent system and through plant variety protection. Plant variety rights ( PVRs) are an IP right granting the owner exclusive control over commercialisation of propagation material and permitting the collection of royalties, for example by granting licences to propagate and market the variety. This Practice Note sets out the IP protection for specific plant varieties, referred to as plant variety rights ( PVRs) or plant breeders’ rights. It covers the EU framework for the Community plant variety right ( CPVR). It details the validity criteria for PVR protection, the standards for infringement, and the compulsory licensing of PVRs. This Practice Note also considers patent protection for plant-related inventions, including groups of plants exhibiting a shared characteristic and plant protection products such as pesticides. For guidance...
This Practice Note offers detailed guidance on the European Commission’s June 2021 set of the standard contractual clauses ( SCCs) for cross-border international transfers of personal data (the 2021 EU SCCs). It delivers a deeper examination of international transfers under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), than the introductory Practice Note: EU GDPR—transfers of personal data internationally and to international organisations, and proceeds on the basis that readers already understand core concepts within the EU GDPR framework and its international transfer rules. If this area is new to you, you may prefer to consult those Practice Notes first. For basic orientation and context on the EU GDPR more generally, see Practice Note: The EU’s General Data Protection Regulation ( EU GDPR). In brief Within the EEA, data protection law aims to ensure information about living people (ie falling within the...
Copyright Copyright denotes a bundle of rights granted to creators of creative works, including: literary, dramatic, artistic and musical works broadcasts databases sound recordings typographical arrangements It encompasses economic rights that initially vest in the creator or author, and can also extend to additional, personal entitlements for authors and performers—moral rights or neighbouring rights. Moral rights are not generally harmonised at EU level and are not specifically addressed in this Practice Note. Protection arises automatically within the EU and does not require registration. Subsistence concerns the conditions for protection to come into being and apply to a work, typically relating to the nature of the work, the process of its creation, and its creator. Copyright is a national right, with domestic regimes setting out the particular formalities for subsistence in that jurisdiction. Some elements of subsistence are harmonised concepts under EU law and are...
The EU has put in place an extensive legal framework so that consumers obtain accurate, clear and consistent details about food bought within the EU. Regulation ( EU) 1169/2011 on the provision of food information to consumers ( FIC) sets out the core principles, requirements and duties governing food information—particularly food labelling—across the EU. This Practice Note summarises the obligations placed on food business operators ( FBOs) under the FIC. It describes the legislation that dictates how food labelling content and presentation must be delivered in the EU, outlines the distinct responsibilities along the food supply chain, and flags the potential revision of the FIC. For details on UK rules for food information and food labelling, see Practice Note: Food information and food labelling law. Key information FIC title: Regulation ( EU) 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the...
UK status As of 31 January 2020 (exit day), the UK ceased to be a Member State of the EU. For a limited period under the Withdrawal Agreement, there was an implementation phase during which EU law continued to apply to the UK. From 1 January 2021, however, the principal operative elements of Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [ EU Recast Regulation on Insolvency] concerning automatic recognition no longer extend to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Other Member States nevertheless keep applying the EU Recast Regulation on Insolvency where its conditions are fulfilled, and this note considers its operation between those Member States... Recast Regulation on Insolvency The EU Recast Regulation on Insolvency introduced major changes to the EC Regulation on Insolvency, Regulation ( EC) 1346/2000 ( EU...
The breadth of the European Commission’s ( Commission) authority to pursue antitrust breaches by undertakings based outside the EEA, for conduct taking place beyond its borders, has been hotly debated, especially after the Commission’s cartel decisions in the LCDs and CRTs matters. The question of extraterritorial scope also features in unilateral conduct, as shown by Case C-413/14 Intel v Commission. Although the EU treaties do not spell out the territorial limits of EU competition law, the Court of Justice has over time crafted tests to assess whether, in a given instance, the Commission has the requisite jurisdiction... Extraterritorial jurisdiction Single economic entity: permits the Commission to hold a parent to account where its EEA-based subsidiary engages in unlawful conduct. Implementation: considers the degree to which the anti-competitive behaviour was carried out within the EEA. Qualified effects: requires that the conduct was capable of producing...
Trend towards environmental, social governance or sustainability reporting The phrases sustainable business, corporate responsibility ( CR), corporate social responsibility ( CSR) and environmental, social, governance ( ESG) are used across business and legal settings. Broadly, they describe organisations embedding responsible conduct into everyday operations. CSR has traditionally focused on accountability, yet its outcomes were difficult to quantify. That is shifting under the ESG lens, where impacts are increasingly measurable—and therefore simpler to disclose—with CSR often viewed as a forerunner to ESG. Growing numbers of companies recognise that mere legal compliance may no longer suffice to guard against legal, regulatory or reputational exposure; aligning with voluntary standards and reporting frameworks can help mitigate these risks. The drive for transparency and accountability through corporate governance and sustainability disclosures has reignited attention on the ‘triple bottom...
Practice Note This Practice Note assists with identifying the applicable law for harmful events occurring on or after 1 January 2009. It outlines the special rules for particular heads of claim under Regulation ( EC) 864/2007 on the law governing non-contractual obligations ( Rome II). These include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property ( IP) rights, industrial action, unjust enrichment, negotiorum gestio (agency without authority), culpa in contrahendo (fault in forming a contract), and insurance. See also the Practice Notes: Rome II—scope, exclusions and general provisions, and Rome II—the general rule and its displacement. For UK application, consult Determining applicable law in non-contractual disputes—overview. Aids to interpretation judgments of the Court of Justice recitals at the start of Regulation ( EC) 864/2007 ( Rome II), offering explanations and additional information such as definitions; where uncertain, the relevant Article...
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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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