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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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What is the World Trade Organization ( WTO)? The WTO oversees trade agreements that regulate commerce between states. It is also a venue for governments to negotiate bilateral or multilateral trade agreements and to settle trade disputes, helping countries trade with as little friction and disruption as possible. For background reading on the WTO, see: WTO— Who we are and WTO— In brief. The WTO came into being on 1 January 1995, though its trading rules are older. The General Agreement on Tariffs and Trade ( GATT) has provided a framework for global trade in goods since 1948, amended through successive negotiating rounds. Talks in the mid-1980s and early 1990s, known as the Uruguay Round, sought to extend the system to services and intellectual property. That round concluded with an agreement signed on 15 April 1994 by most of the 123...
This Practice Note offers practical guidance on how to read a General Agreement on Trade in Services ( GATS) schedule of commitments. It explains how to interpret a Member State’s specific schedule of commitments on trade in services. Introduction When Member States undertake commitments on trade in goods—whether at the World Trade Organization ( WTO) through the General Agreement on Tariffs and Trade 1994 ( GATT), or within a free trade agreement—their meaning is relatively clear. To interpret goods commitments fully, readers should still consider the relevant treaty text, yet the obligation is largely straightforward: a defined tariff is levied on a product entering that Member State’s market. Commitments on trade in services are more involved. For their proper interpretation, one must look not only at the governing treaty text, such as the WTO’s GATS or a free trade agreement, but also at the detailed...
Introduction to the Agreement on Trade-related Investment Measures The Agreement on Trade-related Investment Measures (the TRIMs Agreement) addresses investment rules that bear upon trade in goods. Early proposals to embed disciplines on foreign investment were contained in the Havana Charter, which aimed to create the International Trade Organisation in 1948. As that Charter was never ratified, no comparable clause emerged under the General Agreement on Tariffs and Trade ( GATT) 1947. During the Uruguay Round, while the World Trade Organisation ( WTO) Agreements were being negotiated, a GATT Panel reviewed how investment conditions interact with trade in goods. In the case at hand, Canada obliged overseas investors to undertake to buy specified Canadian products (local content obligations) and to export a set proportion of their output. These undertakings were imposed as prerequisites for approving the foreigners’ investments. The Panel decided that mandating...
This Practice Note offers practical, hands-on and accessible guidance on absorption and circumvention reviews carried out in anti-dumping inquiries and investigations. It sets out the legal foundations underpinning these reviews, explains how applications are made and how reviews are initiated, and outlines their conduct together with the range of possible outcomes that may follow. Introduction Once anti-dumping duties are in place, some exporters may attempt to sidestep them in practice, in real terms. One scenario is the imposition of an ad valorem anti-dumping duty, as an illustration. For direction on ad valorem duties, see Practice Note: An introduction to Trade in Goods. Typically, an ad valorem anti-dumping duty is stated as a percentage, commonly of the Free on Board ( FOB) price at export. Exporters can then blunt the duty’s effect by cutting their FOB prices further. This shows that an exporter can absorb the impact of a...
Introduction to anti-dumping duties Anti-dumping measures have featured in cross-border trade long before the World Trade Organisation ( WTO) came into being. Domestic anti-dumping laws trace back to the early 20th century. Before the WTO existed, the 1947 General Agreement on Tariffs and Trade ( GATT) included Article VI, which addressed dumping. That provision laid down rules on dumping and the levying of anti-dumping duties. The WTO’s Anti- Dumping Agreement takes its name from GATT 1947 Article VI, and is formally titled the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. Article VI of GATT 1947 was debated extensively and negotiated during several negotiating rounds ahead of the WTO’s creation. Among the outcomes was an Anti- Dumping Code concluded in the 1967 Kennedy Round, later updated in the 1979 Tokyo Round. These efforts ultimately led to the WTO’s Anti-...
This Practice Note offers practical guidance on the WTO Agreement on Trade Facilitation. It explains the obligations undertaken by Member States and the flexibility available to developing and least developed Members when putting those obligations into effect. Introduction The Agreement on Trade Facilitation is the first multilateral accord concluded since the WTO’s creation on 1 January 1995. It is also unprecedented in permitting developing and least developed Member States to decide when they will have the capacity to implement specific provisions. The Agreement seeks to accelerate the movement, release and clearance of goods, including goods in transit. It entered into force on 22 February 2017 after two-thirds of Member States completed their domestic ratification processes. Obligations The obligations assumed by Member States are set out in section 1. Section 1 contains 12 articles, each of which establishes a distinct set of...
Introduction The plurilateral accords of the World Trade Organisation ( WTO) are set out clearly in Annex 4 to the Marrakesh Agreement. These agreements address situations where certain Member States consent to rules on trade in particular subjects that others are unwilling to accept. Consequently, plurilateral arrangements arise whenever multilateral consent is absent across the full membership. They therefore bind solely those Members that opt to participate in them. At present, there are just two plurilateral agreements, namely the Agreement on Government Procurement and the Agreement on Trade in Civil Aircraft, while the International Dairy Agreement and the International Bovine Meat Agreement came to an end at the close of 1997. Member States have also negotiated a plurilateral pact concerning trade in services, the Trade in Services Agreement, which has not yet been concluded. The WTO’s Agreement on Government Procurement...
This Practice Note offers practical guidance on the multi‑party interim appeal arbitration arrangement used by certain World Trade Organisation ( WTO) Member States while the Appellate Body is unable to operate. It explains which Member States are party to the interim appeal arbitration arrangements, the legal basis, its existence, who may invoke it, what it can be used for, how to make use of it, and the procedure governing the arbitration... Introduction The WTO Appellate Body comprises seven members, with three required to sit on any appeal. Appellate Body Members are appointed for a maximum term (see Practice Note: Introduction to World Trade Organisation Appellate Body Dispute Settlement for guidance on the maximum duration). Consequently, vacancies must be regularly filled when individuals leave office. On 11 December 2019, the Appellate Body ceased to function after the United States of America blocked the...
This Practice Note offers practical guidance on deploying trade remedies under the UK– Eastern and Southern Africa States ( ESA) Economic Partnership Agreement ( UK- ESA EPA). It explains how anti-dumping duties, countervailing measures and safeguard measures can be applied within the framework of the UK- ESA EPA. Introduction The UK- ESA EPA is a free trade agreement between the UK and the ESA states. Agreed in the wake of Brexit, it largely replicates the Economic Partnership Agreement that operated when the UK was part of the EU. It took effect on 1 January 2021. The agreement focuses mainly on trade in goods; for further details, see Practice Note: Trade in goods under the UK- ESA EPA. It also sets out trade remedy provisions relevant to goods, with particular attention to safeguard...
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...
Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...
This Practice Note provides practical, hands-on guidance on sanitary and phytosanitary ( SPS) measures under the UK and India Comprehensive Economic and Trade Agreements ( UK‑ India CETA). Introduction The UK‑ India CETA spans commerce in goods and services, along with a range of matters directly associated with such trade activities too. For example, in the sphere of trade in goods, it specifically covers the following: origin rules customs processes and trade facilitation technical barriers to trade, and trade remedies Chapter 6 of the UK‑ India CETA addresses SPS measures explicitly. Chapter 6 aims to: safeguard human, animal and plant life and health within each party’s own territory while also enabling trade between them ensure the parties’ SPS measures do not impose any unwarranted obstacles to trade reinforce and build upon implementation of the World Trade...
This Practice Note sets out the guidance for the EXW Ex works Incoterm under the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. You can obtain the Incoterms® 2020 rules and further ICC titles from ICC Publishing SA, 38 Cours Albert 1er, 75008 Paris, France, and from ICC United Kingdom, 12 Grosvenor Place, London, SW1X 7HH, UK, as well as www.iccbooks.com. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to mirror market developments over the preceding decade. For the EXW term applicable up to that date, consult Practice Note: Incoterms® 2010 Rules— EXW Ex works [ Archived]. EXW (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Ex Works’ signifies that the seller delivers the goods to the buyer when it makes the goods available to the buyer at a specified place (such as a...
This Practice Note sets out the guidance relating to the FOB Free on Board Incoterm within Incoterms® 2020, reproduced with the consent of ICC Publishing SA and presented with acknowledgement. Incoterms® 2020 and other ICC titles can be obtained directly from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, as well as at www.iccwbo.org too. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 set to mirror market developments witnessed over the preceding decade. For the FOB term applicable until then, see Practice Note: Incoterms® 2010 Rules— FOB Free on board [ Archived]. FOB (insert named port of shipment) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free on Board’ signifies the seller completes delivery to the buyer when the goods...
This Practice Note offers practical direction on completing an export declaration for goods leaving Great Britain. It explains when a declaration is required, what information a customs declaration must contain, how to lodge it, and what happens once it has been sent. Introduction Customs declarations enable government to: monitor the movement of goods across borders ensure tariffs and duties are settled secure compliance with import and export requirements confirm that goods are safe and lawful Accordingly, declarations are required both when goods enter the UK (an import declaration) and when they leave it (an export declaration). When is an export declaration needed? An exporter must make an export declaration when: goods depart from Great Britain the shipment is commercial rather than personal the goods are controlled, restricted, or excise items Check before you submit Before submitting, check whether the location from which the goods are...
This Practice Note offers practical guidance on using trade remedies under the Comprehensive and Progressive Agreement for Trans‑ Pacific Partnership ( CPTPP). It therefore sets out practical direction on applying anti‑dumping duties, countervailing measures and safeguard measures within the CPTPP framework. As such, it guides the practical application of those measures within the CPTPP context in practice. Introduction THE CPTPP is a free trade agreement comprising 11 countries: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It builds on the earlier Trans‑ Pacific Partnership Agreement ( TPP), to which the United States was also a negotiating party. In substance, the CPTPP carries across all TPP provisions except those concerning accession, entry into force, withdrawal and what constitutes the authentic texts of the TPP. A number of other countries have applied to join the CPTPP, including China, Costa Rica,...
This Practice Note offers practical guidance on the rules of origin relevant to trade in goods under the Australia United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction Rules of origin set the criteria for determining where a product is from. Establishing origin is crucial for trade between Australia and the UK, as only goods treated as originating in either territory benefit from preferential tariffs, which are predominantly zero-rated. For further guidance on trading in goods and the tariff commitments under the Aus- UK FTA, see Practice Note: Trade in goods under the Aus- UK FTA. Goods that are not originating are subject to tariff treatment under the World Trade Organisation ( WTO) framework and will attract the Most Favoured Nation ( MFN) rate that applies to all WTO Member States. For guidance on MFN, see Practice Note: An...
This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom ( UK) and the European Union ( EU). Introduction On 19 May 2025, at the inaugural UK– EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK– EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK– EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK– EU Trade and Cooperation Agreement. For guidance on trade in services under the UK– EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK– EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet...
This Practice Note offers practical guidance on the Trade and Cooperation Agreement ( UK‑ EU TCA). It explains when goods are treated as originating in either Party’s territory, whether because they are wholly obtained or because non‑originating materials have received an adequate degree of processing in a Party. It also sets out practical guidance on how to claim origin... Introduction to Rules of Origin Rules of Origin set the tests used to establish a product’s origin. Under the UK‑ EU TCA they matter greatly for UK‑ EU trade, as only goods that qualify as originating in either territory may enter duty‑free. Goods that do not qualify are subject to tariff treatment, which may arise under: a comparable regional trade agreement, which might not be zero‑rated the WTO framework, under which the goods attract the Most Favoured Nation ( MFN) rate applying to all WTO...
This Practice Note explains how the UK Trade Remedies Authority ( TRA) determines whether a subsidy is present for countervailing action. It outlines the legal framework and describes how the TRA has construed the existence of a subsidy in the investigations it has undertaken. Introduction To open and pursue a countervailing investigation, confirming that a subsidy exists is essential. In doing so, the TRA must take into account the World Trade Organization’s Agreement on Subsidies and Countervailing Measures (the SCM Agreement), alongside the Taxation ( Cross‑border Trade) Act 2018 (the Act) and the Trade Remedies ( Dumping and Subsidisation) ( EU Exit) Regulations 2019 ( Subsidy Regulations). Determination of a subsidy— SCM Agreement For guidance on how the existence of a subsidy is assessed under the SCM Agreement, including a helpful flowchart, see Practice Note: An introduction to the Agreement on Subsidies and...
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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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