Featured documents
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:
Most recent Practice notes
Vitiation of an insurance policy An insurance contract can be vitiated (rendered invalid) if the insured: misstates or withholds any material fact before the policy is placed, or fails to meet obligations imposed during the policy term These obligations are typically framed as warranties. In the event of: 'deliberate or reckless' non-disclosure or misrepresentation, the policy is void from inception (ab initio) a breach of warranty, cover is suspended (rather than finally discharged) and revives once the breach is remedied Where the breach is deliberate or reckless, the insurer is not required to refund any premiums paid. A breach of warranty must be linked to the particular loss at issue; the insurer cannot decline a claim where the insured’s failure to comply with the term could not have increased the risk of the loss that actually occurred in the...
This Practice Note reviews the duty of fair presentation under the Insurance Act 2015 ( IA 2015), which applies to non-consumer insurance. For practical guidance on disclosure in the consumer context, see Practice Note: A guide to the Consumer Insurance ( Disclosure and Representations) Act 2012. For fuller coverage of IA 2015, see Practice Note: Insurance Act 2015 ( IA 2015)—essentials... Duty of ‘fair presentation’ Under IA 2015, s 3, an insured must give a fair presentation of the risk to the insurer. This duty comprises three distinct elements: disclosure: the insured must comply with either the ‘primary’ or ‘secondary’ disclosure obligation: primary duty: the insured must reveal every material circumstance it knows or ought to know. For what is ‘known’, the relevant knowledge is that of those tasked with arranging the insurance on the...
This Practice Note examines the main forms of policies or guarantees (excluding standalone latent defects insurance products) currently available to shield homeowners and developers from faults in newly built and newly converted properties. It reviews several of the most common warranties: those offered by the National House Building Council ( NHBC Buildmark or Buildmark Choice), Premier Guarantee and Local Authority Building Control ( LABC). These providers jointly launched the Consumer Code for Home Builders (the Code) in April 2010. The Code sets out standards of good practice, processes and information that registered homebuilders must follow... What are new home warranties? A new home warranty is an insurance contract that provides purchasers of a new-build or newly converted dwelling with cover for certain categories of building defects. Such warranties have been in place for many years. Cover applies up to defined limits and for a defined...
The outcome of most road traffic matters depends on their own circumstances. There are rarely absolute rules. Yet, over the past century, a body of case law has developed that offers useful guidance across many familiar situations. Rulings reached on the facts of individual cases should not be taken as statements of law. Even so, earlier judgments often provide a sound indication of how questions of liability are likely to be decided. Roundabouts Rules 184–190 of the Highway Code explain what drivers should do when approaching, and while negotiating, a roundabout. Motorists must give way to traffic coming from the right unless told otherwise, for example by traffic lights. They should also adapt their speed and road position to suit prevailing traffic conditions. Rule 186 of the Highway Code sets out guidance on correct signalling, but motorists should bear in mind that road users already on a...
Within this Practice Note, the Road Traffic Act 1988 is abbreviated to RTA 1988. Types of insurer and MIB liability In most claims, a motor insurer will extend complete indemnity to their insured under a valid policy. This signifies that the insurer accepts a contractual responsibility to discharge all damages imposed on the defendant driver. However, where the insured breaches the policy (whether before or after the event), the insurer may, under the contract, avoid liability to the insured. In that event, the insurer owes no duty to indemnify the insured thereafter......
NOTE This Practice Note concerns the MIB Uninsured Agreement 2015 and covers accidents occurring on or after 1 August 2015. For the previous 1999 agreement (which applies to road traffic accidents between 1 October 1999 and 31 July 2015), see MIB Uninsured Agreement 1999. For accidents taking place on or after 1 March 2017, clauses 7 (vehicle damage) and 9 (terrorism) are omitted from the MIB Uninsured Agreement 2015. These clauses were removed by the Supplementary MIB Agreement 2017, but they remain applicable to accidents that occurred on or after 1 August 2015 and before 1 March 2017. When an uninsured driver causes an accident, they will frequently lack the resources to pay compensation themselves. As a result, the claimant seeks compensation from the Motor Insurers’ Bureau ( MIB). Subject to certain conditions and exclusions, the MIB must satisfy any...
ARCHIVED: This Practice Note is archived and is not maintained. NOTE: The Untraced Drivers’ Agreement dated 2003 applies to accidents on or after 14 February 2003 but before 1 March 2017. Before then, claims involving untraced motorists were governed by the Untraced Drivers’ Agreement 1996. Supplementary agreements were issued in 2008, 2011, 2013 and 2015. The most recent Untraced Drivers’ Agreement, dated 2017, applies to accidents occurring on or after 1 March 2017—see Practice Note: Untraced drivers and the role of the MIB. The untraced driver Where the driver responsible for a collision cannot be identified, for example after a ‘hit and run’, the claimant should apply directly to the Motor Insurers' Bureau ( MIB). Under the relevant agreement, the MIB will compensate victims of accidents involving an untraced driver...
What is marine cargo insurance? To determine whether cargo cover amounts to marine insurance, one must look to the Marine Insurance Act 1906. Under MIA 1906, s 1, a marine insurance contract is one in which the insurer promises, on the agreed terms and within the agreed limits, to indemnify the assured for marine losses, meaning losses arising out of a marine adventure. MIA 1906, s 3 describes maritime perils as risks caused by, or linked to, the navigation of the sea. These encompass perils of the seas, fire, war perils, pirates, rovers, thieves, capture, seizure, restraint and detention by princes and peoples, jettison, barratry, and any other hazards of a similar character or identified by the policy. Accordingly, whether a policy is marine insurance turns on whether the insured risks are those consequent on, or incidental to, going to sea......
Defining life insurance trusts A life insurance trust commonly takes one of two routes: an assignment of an insurance policy alongside a declaration of trust, or establishing a trust that contains an express assignment of the policy Reasons to consider using a life insurance trust The principal motives are to ensure that: the policy proceeds are excluded from the deceased’s estate the funds are accessible before a grant of representation to the life assured’s estate Structure Where a trust is set up with an express assignment of the policy, the typical arrangement is that: the insurance policy is assigned into a trust the terms governing how the trustees hold the trust assets are specified the trustees are conferred overriding powers there is an ultimate trust Assignment An appropriate clause assigning the insurance policy could read, for example: ‘2 Assignment The Settlor, as...
Overview of the use of life insurance in estate planning Life insurance—also called life assurance—often plays a significant role in estate planning. This Practice Note outlines the principal policy types offered in the market, examines how they can support an estate plan, and reviews the key tax implications. A central difficulty in many estates is finding cash to settle the inheritance tax ( IHT) that arises on death where no spousal exemption is available and the estate is made up, to a meaningful degree, of hard‑to‑realise assets. These can include land, shares in a business that may fail to attract business property relief, and chattels, for example works of art that fall outside the conditional exemption regime. Although IHT instalment property relief can, for illiquid assets, allow the liability to be spread over ten years with interest charged, the obligation to pay IHT...
Notification provisions in liability insurance policies This Practice Note offers direction on notification clauses in liability insurance. It outlines the function of these provisions and explains how to notify claims or relevant circumstances to insurers—covering what should be reported and when. It also discusses the possible outcomes where notification obligations are not properly observed. In addition, it addresses the respective rights and duties of insurers and insureds in relation to the insured’s duty to mitigate its losses and the defence and settlement of claims. For information about liability insurance generally, see Practice Note: Liability insurance. The related documents pod on the right contains links to further guidance on liability insurance and to guidance on its specific forms. Liability policies almost always contain a term (frequently a condition precedent) requiring the insured to notify the insurer within a specified period of any claims brought against them....
This Practice Note sets out the defining features of liability insurance and the range of liability insurance types available. It further reviews the breadth of cover provided by liability policies and offers guidance on determining liabilities and assessing the reasonableness of loss settlements, alongside notes on recurring issues in liability insurance, such as joint and composite insurance and how the Third Parties ( Rights Against Insurers) Act 2010 ( TP( RAI) A 2010) applies... The related documents pod on the right supplies links to more detailed guidance on particular aspects of liability insurance, including the notification of claims and circumstances, the defence of claims, and resources addressing specific forms of liability insurance... What is liability insurance? Liability insurance is a class of cover that protects the insured against the risk of becoming liable to a third party. In the same way as property...
Beyond motor vehicles, the highway is used by many others, including: motorcyclists cyclists e-bikes e-scooters emergency vehicles learner drivers Every highway user owes a duty to take reasonable care in the circumstances to avoid causing injury to their neighbour. Looking at the leading authorities for each type of road user, together with the Highway Code rules, offers practitioners the general approach adopted by courts when determining the relative culpability of parties in road traffic accidents. It should be noted that motorcycles and cyclists are far more likely than cars to overtake and to filter past stationary traffic. Cyclists and motorcyclists also face a higher risk of harm in a collision than car drivers and therefore occupy a higher place in the ‘hierarchy of road users’, which has appeared in the introductory sections to the Highway Code since January...
Insurance & Reinsurance resources in Lexis+® UK The key Insurance & Reinsurance resources outlined below sit within Lexis+® UK and are cross-referenced throughout the Insurance & Reinsurance materials in Lexis+® UK, offering practical commentary, legislation, rules and guidance for insurance and reinsurance practitioners in private practice or in-house. These titles are available only with the appropriate Lexis+® UK subscription(s). The cases source in Lexis+® UK is fully searchable and includes the All England Law Reports Commercial Cases. Halsbury’s Laws of England, Insurance, Volume 60 — Halsbury’s Laws of England delivers the only complete narrative statement of the law of England and Wales, covering every proposition of English law. Its titles are arranged alphabetically, making it easy to navigate and enabling fast, efficient research across any legal field......
Landfills in the UK Historically, landfills across the UK followed a dilute and disperse principle, whereby contaminants were allowed to seep gradually into the environment. The introduction of the Waste Framework Directive (2008/98/ EC) and the Landfill Directive (1999/31/ EC), along with other statutory measures, brought about major changes: the need for landfill has declined due to landfill tax, diversion goals and recycling targets design, construction standards and containment practices have advanced tighter controls now apply to active sites, including pre-treatment of waste and a prohibition on liquid waste environmental permits can only be given up when a site no longer presents risks to the environment or human health operators must provide financial bonds to cover aftercare duties Consequently, the number of operational contained landfills is falling, though many thousands of older dilute and disperse sites still exist...
This Practice Note This Practice Note examines the incorporation of a jurisdiction clause into a contract by reference to either: standard terms and conditions the wording of a separate contract It offers a general overview of the position in relation to charter-parties and bills of lading, as well as insurance and reinsurance. It also includes examples of provisions that courts have found did not succeed in importing jurisdiction clauses from one agreement into another. The Note refers to decisions under the Brussels Convention, Regulation ( EC) 44/2001, Brussels I, and Regulation ( EU) 1215/2012, Brussels I (recast) (the Brussels Regime), where those authorities give broad guidance on how the courts approach the incorporation of jurisdiction agreements. For detailed guidance on the courts’ approach to whether a jurisdiction clause has been incorporated into a...
IMPORTANT NOTE: The provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) are being introduced in stages. You should therefore check whether the specific provision in question has been commenced by the relevant commencement regulation. This Practice Note outlines the core data protection considerations for insurers when handling personal data under the UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 ( DPA 2018) and DUAA 2025. It highlights the data protection principles, lawful bases for processing, data subject rights and applicable exemptions. For a fuller overview of the UK GDPR, see Practice Note: The UK General Data Protection Regulation ( UK GDPR). The insurance market is notably rich in data. Insurers depend on collecting and processing personal data for key operations such as pricing premiums, detecting fraud and...
This Practice Note looks at the insurance provisions in the main forms of JCT contract. It examines the Contractor’s liabilities and insurance obligations under the JCT Design and Build Contract ( DB) 2024 and the JCT Standard Building Contract ( SBC) 2024. Where clause numbering differs between the two forms, this Practice Note draws attention to it; otherwise, clause references apply to both DB and SBC. The 2024 and 2016 editions made adjustments to the insurance provisions compared with the 2011 editions, including updates to professional indemnity insurance in the 2024 version and, in 2016, relocating much of the text from Schedule 3 into the main conditions and introducing the C.1 Replacement Schedule, see Practice Note: JCT contracts 2016—what's changed? [ Archived] and News Analysis: The JCT Design and Build Contract 2024—what’s changed? For how insurance and risks are addressed in the NEC3/ NEC4...
An insurance premium is the amount paid for insurance or reinsurance protection and is the consideration the (re)insured gives in return for the (re)insurer’s contractual undertaking to indemnify it for risks set out in the policy. Premium funds are used by (re)insurers mainly to: build reserves for both reported and unreported losses settle claims generate investment returns purchase reinsurance meet regulatory solvency margin obligations pay Insurance Premium Tax ( IPT) to HMRC For more on IPT, see Practice Note: tax. Calculating the insurance premium Underwriters and actuaries determine the premium in line with their assessment of risk, and the method varies by class of business. Life and health pricing is largely a mathematical exercise performed by actuaries using extensive longevity and morbidity data, reflecting current and long-term inflation and expected investment returns. Some general lines, such as motor, can also be...
Insurance Insurance is a cornerstone of trade and commodity finance. Although many embedded risks in trade funding can be reduced through careful structuring, including taking security where appropriate, insurance delivers an extra safeguard for the lender. For instance, collateral over financed goods offers no value to a financier if part of those goods are damaged or destroyed. Putting in place suitable insurance against the peril of damage or destruction of the goods preserves the financier’s position should that risk materialise. Moreover, a financial institution may procure insurance against an obligor’s default to achieve capital relief on its exposure, or to permit the financing of deals that would otherwise be barred by internal obligor or country limits. Insurance arrangements ought to be addressed from the very start of a deal, during the structuring stage. Matters to assess include: which categories of risk can, and ought to, be...
Popular documents
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 ]...
Discover more from LexisNexis
