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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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This Practice Note presents an overview of the key features of the UK‑ EU Trade and Cooperation Agreement ( UK‑ EU TCA) that pertain to trade in services between the UK and the EU. It explains the TCA’s scope for services and the generally applicable principles, including Market Access, National Treatment, Most Favoured Nation ( MFN), Domestic Regulation, performance requirements, recognition of professional qualifications, entry and temporary stay of persons for business purposes, and the nationality of senior management and boards. It also outlines disciplines tailored to delivery services, telecommunications services, financial services, international maritime transport services, and legal services. Introduction to the UK- EU Trade and Cooperation Agreement On 24 December 2020, UK and EU negotiators reached a deal defining their future relationship. The UK‑ EU TCA is a comprehensive accord responding to the UK’s withdrawal from the EU’s internal market ( Brexit)....
This Practice Note offers practical guidance on implementing and enforcing the World Trade Organization’s ( WTO) panel and Appellate Body reports and recommendations. It sets out the norm of prompt compliance and what follows if that prompt compliance is disputed. It also outlines surveillance of compliance and how Member States may pursue compensation for non-compliance or seek authorisation to suspend concessions or obligations under covered agreements. It further explains how disagreements over the meaning of prompt compliance are handled. Introduction The effectiveness of the WTO dispute settlement system depends on the concrete implementation of any finding or recommendation issued by a panel or the Appellate Body. The Understanding on Rules and Procedures Governing the Settlement of Disputes ( DSU) lays down rules to ensure panel and Appellate Body findings and recommendations are carried out. Those rules are intended to ensure it functions as an...
The Modern Slavery Act 2015 ( MSA 2015) The Modern Slavery Act 2015 ( MSA 2015) gained Royal Assent on 26 March 2015. Under Section 54, certain firms are required to prepare and make public a statement addressing modern slavery and human trafficking, for each and every financial year of the organisation. The government has issued guidance (the Guidance), which was updated on 27 March 2025. The 2025 revision marks the first wholesale replacement of the Guidance since its initial issue in October 2015, displacing earlier incremental updates. The Guidance states plainly that organisations ought to release their statement as soon as is reasonably practicable after the close of their financial year, and preferably no later than six months after the organisation’s year end. Accordingly, a company with a 31 March year end should, in effect, have its statement available by 30...
Introduction This Practice Note sets out hands-on guidance on interim review investigations concerning countervailing measures. It outlines the key elements of such reviews. the legal footing for an interim review the application and commencement of an interim review the conduct of an interim review The World Trade Organisation’s ( WTO) Agreement on Subsidies and Countervailing Measures (the ‘ SCM Agreement’) allows for various reviews that may take place during the lifespan of countervailing measures. One such process is often called an interim review or a changed circumstances review. The aim of an interim review is to address situations where countervailing measures are no longer required, or where those measures need to be adjusted. This covers, first, circumstances where either no subsidy exists or injury is no longer present and, secondly, circumstances where the subsidy and the related injury have altered since the measures were first imposed. It...
This Practice Note offers practical guidance on exporting goods from the UK to any destination outside the UK... Introduction This Practice Note sets out guidance on the permanent export of goods from: England, Wales or Scotland to any country beyond the UK, or Northern Ireland to any country outside the UK and the EU Obtain an EORI number When the UK was part of the EU, it followed the Union Customs Code. By virtue of the European Union ( Withdrawal) Act 2018, the UK continues to apply that Code and its regulations. The Code established a system under which traders interacting with customs and tax were assigned a unique identification number, enabling them to lodge declarations or apply for customs simplifications, approvals or decisions. From 11 pm on 31 December 2020, the UK uses the EORI number. EORI numbers have a ‘ GB’ prefix for...
This Practice Note offers practical guidance on trade and the environment within the WTO. It outlines the relevant WTO agreements that touch on aspects of environmental protection, the pertinent ministerial decisions, and the ongoing talks on an Environmental Goods Agreement within that context. Introduction Since its creation in 1995, the WTO has recognised the interplay between commerce and the natural environment. The Marrakesh Agreement establishing the WTO lists among its aims the optimal utilisation of the world’s resources in pursuit of sustainable development. This objective is to be realised by striving both to safeguard and conserve the environment and to strengthen the tools for doing so, in a way that aligns with each Member States’ particular needs and priorities across varying stages of economic development. Historically, Members have tended to view the trade–environment nexus through the lens of how environmental policies may affect trade flows. As a...
This Practice Note offers practical guidance on the World Trade Organisation’s ( WTO) Agreement on Trade in Pharmaceutical Products (the Pharma Agreement). Introduction During the 1994 Uruguay Round, certain WTO Member States concluded a plurilateral arrangement on pharmaceutical products, known as the Pharma Agreement. Those participating committed to eliminate and/or reduce tariffs in defined sectors. These obligations operate solely between the Member States that are party to the Pharma Agreement. Consequently, only those Member States may rely on the Most Favoured Nation ( MFN) principle. For guidance on the MFN principle, see Practice Note: An introduction to Trade in Goods. Which Member States are part of the Pharma Agreement Currently, the following Member States are party to the Pharma Agreement: Canada The EU Japan Macao ( China) Norway Switzerland The UK The...
This Practice Note offers practical guidance on the stabilised text of the Joint Statement Initiative on Electronic Commerce. It examines the themes of enabling e-commerce, openness and e-commerce, trust and e-commerce, transparency, cooperation and development, and telecommunication. Introduction E-commerce has a longstanding presence within the World Trade Organization ( WTO). For further background, see Practice Note: E-commerce and the WTO. At the 11th Ministerial Conference, a group of WTO Members agreed to begin exploratory work towards future WTO negotiations on trade-related aspects of e-commerce, set out in the Joint Statement on Electronic Commerce (the Joint Initiative). The Joint Initiative aimed for a high-standard outcome that builds on existing WTO agreement and frameworks, with the widest possible participation of Member States. On 26 July 2024, the co-conveners— Australia, Japan and Singapore—announced that, after five years of talks, participants had reached a stabilised text. The Joint...
This Practice Note offers practical guidance on the World Trade Organization ( WTO). Introduction The WTO’s Investment Facilitation for Development ( IFD) Agreement seeks to strengthen the investment and business climate of Member States that are party to it, by setting rules and disciplines on investment facilitation that improve the transparency, efficiency and predictability of the regulatory environment for investment. Background Talks on the IFD Agreement began in December 2017, launched by 70 Member States that issued a Joint Statement on Investment Facilitation for Development. These 70 Members recognised the dynamic interlinkages between investment, trade and development in the global economy, and the need for deeper international cooperation at the global level to build a more transparent, efficient and predictable setting for facilitating cross-border investment. Accordingly, they called for negotiations on investment facilitation for development and for a concrete outcome by the 12th...
This Practice Note offers practical guidance on the WTO’s Information Technology Agreement ( ITA), the 2015 expansion of its product scope, the commitments undertaken under the ITA, the Members that have acceded, and the range of goods it covers. Introduction At the Singapore Ministerial in December 1996, around 29 Members committed to the Ministerial Declaration on Trade in Information Technology Products, commonly known as the ITA. Only certain Members have accepted it, so it is plurilateral; however, it diverges in a fundamental way from the better-known plurilateral arrangements—the Agreement on Trade in Civil Aircraft and the Agreement on Government Procurement. For guidance on those two agreements, see Practice Note: An introduction to plurilateral agreements of the WTO. The Civil Aircraft and Government Procurement agreements are exclusive, meaning their advantages are confined to the Members that have signed up to them. By contrast, the ITA differs from these in a key...
This Practice Note offers practical guidance on the institutional arrangements of the World Trade Organization ( WTO), addressing the Ministerial Conference, the General Council, the WTO Secretariat and the individual divisions within the Secretariat... Introduction The WTO does not operate through formal institutions as such; instead it relies on a network of councils, bodies, committees and working groups. Decision-making is conducted by consensus among its Member States under Article IX of the Marrakesh Agreement Establishing the WTO ( Marrakesh Agreement), see Practice Note: An introduction to the World Trade Organization. Accordingly, most outcomes are reached by consensus, although the Marrakesh Agreement permits voting where consensus proves unattainable. In this way, the WTO contrasts with other international organisations, such as the World Bank, as no authority is delegated to a board or to a single head of organisation. The WTO’s...
Introduction This Practice Note offers practical, practitioner-focused guidance on the trading of financial services. It considers the Annex and Second Annex on financial services, together with the Decision on financial services and the Understanding on commitments in financial services. These instruments are considered collectively. Trade in financial services is governed by the World Trade Organisation’s ( WTO) General Agreement on Trade in Services ( GATS). Accordingly, our materials on the GATS apply to trade in financial services. See Practice Note: An introduction to Trade in Services. However, two annexes on financial services to the GATS, as well as an understanding and a decision, are key to understanding trade in financial services. The annexes are titled the Annex on Financial Services and the Second Annex on Financial Services. The understanding is the Understanding on commitments in financial services. The decision is the Decision on Financial...
This Practice Note offers guidance on trading in telecommunications services. It centres on the Annex on Telecommunication Services and should be considered alongside our practical guidance on the General Agreement on Trade in Services. It explains the scope of the Annex on Telecommunication Services and the commitments taken on by Member States. Those commitments concern rights of access to, and use of, telecommunication transport networks and services, together with any applicable conditions. The note is comprehensive, addressing all remaining obligations set out in the Annex on Telecommunication Services. It should be read in conjunction with the practical guidance on the General Agreement on Trade in Services noted above. Introduction Trade in telecommunication services is governed by the World Trade Organisation’s ( WTO) General Agreement on Trade in Services ( GATS). Accordingly, our GATS guidance applies to trade in...
This Practice Note sets out practical, hands-on guidance on electronic commerce (e‑commerce) at the World Trade Organization ( WTO). Introduction E‑commerce has been a priority at the WTO almost from its creation in 1995. In May 1998, the Second Ministerial Conference held in Geneva approved the declaration on global electronic commerce (the ‘ Declaration’). The Declaration acknowledged that e‑commerce is rapidly expanding and creating fresh opportunities for trade, and it called on the WTO General Council to put in place a comprehensive work programme to study all trade‑related issues arising from global e‑commerce. For guidance on the General Council, see Practice Note: Institutions of the World Trade Organization. In September 1998, the General Council accordingly duly adopted the Work Programme on Electronic Commerce. The General Council sets the work programme and keeps it under continuous and regular review, as it remains a standing item on its...
This Practice Note sets out hands-on guidance on World Trade Organization ( WTO) dispute settlement at the panel phase. It explains the key steps to undertake, including consultations and the requesting, establishment and composition of panels. It further outlines matters such as third-party participation rights, the panel’s remit, its working procedures, the drafting of the panel report and the Dispute Settlement Board’s ( DSB) adoption of that report. It is intended for practitioners seeking concise, actionable direction at this key procedural stage. Introduction The resolution of international trade disputes within the WTO is governed by the Understanding on Rule and Procedures Governing the Settlement of Disputes (the Dispute Settlement Understanding or DSU). For practical guidance on the WTO’s Dispute Settlement Understanding, see Practice Note: Introduction to the World Trade Organization Dispute Settlement. The DSU is directed at securing a positive resolution of disputes. In this light,...
This Practice Note offers practical guidance on Appellate Body reviews of World Trade Organization ( WTO) panel rulings. It explains the role of the Appellate Body, its membership, and the composition of each division hearing a dispute. It also sets out who may lodge an appeal, which parts of a panel report are appealable, how an appeal is filed, and who hears the appeal. It outlines the steps in the appellate process and the applicable time limits. Finally, it covers the possible results of an appeal, the adoption of the Appellate Body report, and any recommendations made by the Appellate Body. Introduction All WTO disputes begin with consultations. If those talks fail to settle the issues, the matter may move to adjudication before a WTO panel constituted for the specific dispute. For practical direction on consultations and dispute settlement at the panel stage, see...
This Practice Note offers practical guidance on the initiative at the World Trade Organization ( WTO). Introduction During the Hong Kong Ministerial Conference (the 6th Ministerial Conference) in 2005, the initiative was unveiled. For guidance on Ministerial Conferences in general, see Practice Note: Institutions of the World Trade Organization. The Hong Kong Ministerial Conference recognised that the initiative should aim to support developing countries, particularly least developed countries ( LDCs), to build supply-side capacity and trade-related infrastructure needed to implement and benefit from the WTO Agreements and, more broadly, expand their trade. It should therefore help developing countries to boost exports of goods and services, to integrate into the multilateral trading system, and to benefit from liberalised trade and greater market access. The Ministerial Conference also invited the WTO Director- General to set up a task force to recommend to the General Council how the...
Introduction On 27 February 2023, UK Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen agreed new arrangements governing Northern Ireland’s post‑ Brexit regime. Branded the Windsor Framework, it revises the Northern Ireland Protocol, a component of the Withdrawal Agreement concluded between the UK and the EU when the UK departed the bloc. The UK government has issued a Command Paper detailing the Framework’s measures. The corresponding legal instruments, embodying the political accord, have also been released. Decision No 1/2023 of the Joint Committee gives the Framework legal force, and the Northern Ireland Protocol is now referred to as the Windsor Framework. For practical guidance on Decision No 1/2023 of the Joint Committee, see Practice Note: Joint Decision for Windsor Package to commence. The purpose of the Windsor Framework is to secure the seamless movement of goods between the UK and...
This Practice Note offers an introduction and addresses matters concerning its scope of application. It sets out best practice guidance on helping your clients meet FCPA requirements, including establishing and running an effective anti‑corruption compliance programme within their organisations. The Practice Note also outlines current FCPA enforcement patterns. For organisations operating across borders, it is crucial that they grasp their duties and constraints under the FCPA. As enforcement intensifies and regulators gain unprecedented visibility into the transactions themselves, informing organisations about the FCPA is a highly valuable professional service lawyers can deliver. For further detail on the FCPA, see Practice Notes: Practical steps in a bribery investigation— UK and US perspectives and The US Foreign Corrupt Practices Act 1977 ( FCPA 1977) and Bribery Act 2010 ( BA 2010) comparison table, as well as: Best practices in FCPA...
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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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