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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 sets out the World Trade Organization ( WTO) dispute settlement mechanism. It offers guidance on the dispute settlement body and its constituent elements, the scope of the dispute settlement understanding, the participants in a dispute, the legal basis for a dispute, and the principal stages of a dispute. Introduction Disagreements stemming from international trade were governed by a legal framework before the WTO came into force on 1 January 1995. Under the General Agreement on Tariffs and Trade ( GATT) 1947, two provisions dealt with disputes, yet they did not deliver a comprehensive system of settlement. This was because the GATT 1947 did not create an international organisation, but merely regulated trade in goods. As a result, the GATT lacked a complete set of dispute settlement rules. Article XXII of the GATT 1947 provides that parties to the GATT 1947 must consult one...
This Practice Note offers practical guidance on the World Trade Organization’s ( WTO) accession process. Introduction To become a member of the World Trade Organization, a state or customs territory must hold full autonomy over the conduct of its trade policy. Once that independence is in place, the applicant begins negotiating accession, as entry requires agreement by all existing WTO Members and the terms are settled through negotiations with them. This accession route applies to states or customs territories seeking to join after the WTO’s creation. By contrast, the original contracting parties to the General Agreement on Tariffs and Trade 1947 became original WTO Members under Article XI of the Marrakesh Agreement Establishing the World Trade Organization ( Marrakesh Agreement). Legal basis for accession Article XII of the Marrakesh Agreement sets out the legal basis for accession to the WTO......
This Practice Note sets out practical guidance on invoking the security exception in the General Agreement on Tariff and Trade 1994 ( GATT) for a World Trade Organisation ( WTO) Member State to raise tariffs unilaterally. It explains the principles governing bound tariffs and the security exception, illustrated by the United States of America ( US) unilateral duties on steel and aluminium. Introduction In February 2025, the President of the United States of America announced that the US will: reinstate the full 25% tariff on steel imports. This follows the 2018 imposition of a 25% duty on steel, although exemptions were then available for Argentina, Australia, Brazil, Canada, Japan, Mexico, South Korea, the EU, Ukraine and the UK. The reinstatement applies to all steel products, regardless of origin. increase the tariffs on aluminium imports to 25%. This follows the 2018...
This Practice Note sets out pragmatic guidance on trade in services under the United Kingdom– India Comprehensive Economic and Trade Agreement ( UK– India CETA) framework. It sets out the scope of services covered by the UK– India CETA and the commitments as they pertain to, among others, most‑favoured‑nation ( MFN) treatment, national treatment, market access, and domestic regulatory disciplines applicable to trade. Introduction The UK– India CETA spans not just commerce in goods, but also services trade, financial services trade, temporary movement of natural persons, and telecommunications trade, alongside numerous chapters addressing matters including government procurement and cooperation on trade and development as well as related cooperation topics too. This Practice Note focuses on trade in services, namely chapter 8 of the UK– India CETA exclusively. Scope of UK- India CETA The General Agreement on Trade in Services ( GATS) governs measures that influence the supply of a...
This Practice Note sets out practical guidance on the 16 May 2024 amendments to the Joint Committee’s Decision No 1/2023. In particular, it explains how those amendments apply in Northern Ireland, concentrating on the change under which Northern Ireland now benefits from the UK’s tariff rate quotas rather than the EU’s tariff rate quotas. Introduction Following Brexit, the EU and the UK concluded the EU‑ UK Withdrawal Agreement. Within that accord, the parties adopted the Northern Ireland Protocol. The Protocol was intended to protect the EU’s internal market; however, it gave rise to a variety of challenges for Northern Ireland which, had it remained unchanged, would have become unworkable. Accordingly, the EU and UK entered talks with the aim of identifying remedies to the problems the Northern Ireland Protocol created. In February 2023, the EU and UK reached an agreement known as the Windsor...
This Practice Note offers practical guidance on the arrangements created by the Windsor Framework, as follows. The guidance addresses the movement of retail goods from the UK to Northern Ireland. Introduction Under the UK– EU Trade and Cooperation Agreement, the UK and the EU agreed the Protocol on Ireland/ Northern Ireland. The protocol covered trade matters intended to protect the Good Friday agreement. In particular, it acknowledged that Northern Ireland forms part of the UK’s customs territory. Nevertheless, many traders encountered difficulties moving goods between the UK and Northern Ireland even where those goods were traded duty free. This arose because, in practical terms, the goods were otherwise treated as crossing an international frontier. Put differently, such goods came under customs supervision, which brought with it requirements for multiple declarations, inspections and, where relevant, rules of origin obligations. For guidance on the protocol, see...
This Practice Note sets out pragmatic guidance on moving goods among the UK, Northern Ireland and the Republic of Ireland (and between these territories and other EU Member States). It also explains what to do where consignments could be deemed at risk of entering the EU, and outlines how companies can seek authorisation to move goods into Northern Ireland. Introduction During negotiations over the United Kingdom’s withdrawal from the European Union ( Brexit), both sides recognised the need to safeguard the 1998 Northern Ireland peace settlement (the Good Friday Agreement). The challenge was devising a workable answer to the reality that the Republic of Ireland would stay within the EU single market, while Northern Ireland would leave the EU alongside the UK. The initial approach proposed that the UK, including Northern Ireland, would continue within the EU customs union until a...
This Practice Note sets out practical guidance on conducting a mid-term review within safeguard investigations. It explains the legal footing for such reviews, how they are initiated and carried out, and the range of potential results that may follow. Introduction The World Trade Organization’s ( WTO) Agreement on Safeguards provides for multiple reviews that may take place during the life of a safeguard measure. One of these is often called an interim or mid-term review. Its role is to reassess the circumstances that led to the imposition of safeguard measures and to decide whether the measure should continue in force or whether the pace of liberalisation ought to be accelerated. For background on situations that may lead to safeguard measures, see Practice Note: An introduction to the Agreement on Safeguards. Legal basis for mid-term review The Agreement on Safeguards states that safeguard measures must apply only for the...
This Practice Note outlines the law on marketing authorisations ( MAs) for medicinal products intended for the UK market following the close of the Brexit transition period (11 pm ( GMT) on 31 December 2020, termed in UK law ‘ IP completion day’). It covers: exemptions from the need to hold an MA (eg ‘specials’, investigational medicinal products ( IMPs), and the Early Access to Medicines Scheme ( EAMS)) the various categories of MA the licensing pathways to secure an MA in the UK, Great Britain ( GB), or Northern Ireland ( NI) (eg Northern Ireland Medicines and Healthcare products Regulatory Agency ( MHRA) Authorised Route ( NIMAR), Innovative Licensing and Access Pathway ( ILAP), unfettered access, the 150‑day accelerated national procedure, rolling review, the reliance routes on EU authorisations now integrated into the...
This Practice Note sets out practical direction on completing a full import declaration for goods entering Great Britain. It explains when an import declaration is required, what information a customs declaration must contain, how to lodge the declaration, and what happens once it has been submitted. It further clarifies the circumstances triggering a filing obligation and the procedural route for making that declaration in practice. Introduction Customs declarations enable government to: monitor the movement of goods across borders ensure tariffs and duties are paid confirm compliance with import or export obligations, and verify that goods are safe and lawful Accordingly, customs declarations are required both for goods imported into the UK (an import declaration) and for goods exported from the UK (an export declaration). Before a customs declaration is lodged, the trader should first: obtain an Economic Operators...
This Practice Note This Practice Note provides a concise summary, setting out the procedure for applying for and registering international trade marks ( IRs). It highlights the role of WIPO, the Madrid Agreement 1891 and the related Madrid Protocol. The Madrid System enables trade mark proprietors to obtain protection in numerous countries via a single process. It is founded on two separate treaties: the Madrid Agreement 1891 (the Agreement) the Protocol Relating to the Madrid Agreement (which took effect on 1 April 1996) (the Protocol) Each treaty provides for the international registration of trade marks for goods or services and operates, essentially, as a filing system. Relying on a home registration or application, a trade mark owner can file with WIPO in Geneva for an IR, designating the jurisdictions where protection is required. The mark is then recorded and published by the...
This Practice Note offers an overview of investment treaty arbitration. In essence, investment treaty arbitration concerns resolving, usually, a foreign investor’s claim against a respondent state, alleging violations of investor safeguards set out in an investment treaty concluded between two states or a bloc of states, under an arbitration agreement embedded in the treaty’s investor–state dispute settlement clauses. Such claims are brought pursuant to the arbitration agreement set within the treaty’s investor–state dispute settlement provisions. ' Investment treaty arbitration' is often contrasted with 'international commercial arbitration'; both are frequently grouped under 'international arbitration'. See Practice Note: International arbitration—an introduction to the key features of international arbitration, for discussion of the term 'international commercial arbitration'. Investment treaties Bilateral investment treaties ( BITs) and multilateral investment treaties ( MITs) are central to any consideration of investment treaty...
This Practice Note offers practical guidance on investment and the World Trade Organisation ( WTO). It outlines the three strands addressing investment within the WTO: the Agreement on Trade-related Investment Measures ( TRIMs), the Working Group on the Relationship between Trade and Investment, and the General Agreement on Trade in Services ( GATS). Introduction The WTO does not yet address trade and investment comprehensively. Rather, three current avenues cover this field at the WTO. First, the WTO’s TRIMs was negotiated during the Uruguay Round of negotiation and entered into force when the WTO was created. For practical guidance on the Uruguay Round and how the WTO was set up, see Practice Note: An introduction to Trade in Goods. Second, the Working Group on the Relationship between Trade and Investment was formed after the WTO’s establishment, at the 1996 Ministerial Conference in Singapore, following the...
This new starter guide serves as an entry point to International Trade for trainee solicitors and individuals new to the area. It outlines the practice area, introduces core themes and principles, and signposts further Lexis+® UK sources and materials... an introduction to international trade key topics in international trade further reading materials key external links The guide is designed to help you make the most of the Lexis+® UK International Trade materials by showing you how to locate them and how to subscribe to email alerts. If something is not covered in this basic guide, use the Topics tab or the Topics dropdown to explore additional practice area content. To view new starter guides for other practice areas, see Practice Note: New starter collection... An introduction to international trade International trade relates to the international legal framework that governs commerce between...
Intellectual property law is predominantly national in scope. Nevertheless, multiple international conventions and treaties require states to uphold minimum standards of IP protection and to recognise IP generated by nationals of other countries worldwide. The World Intellectual Property Organization ( WIPO) oversees more than twenty treaties and conventions dealing with the registration, classification and safeguarding of IP. Details of those instruments, and their contracting parties, are available in full on its website for reference. This Practice Note outlines, in brief, several of the principal conventions and treaties that WIPO administers. It does not include all treaties and conventions concerning European patents. Paris Convention for the Protection of Industrial Property (1883) This was the earliest accord to harmonise the IP laws of the contracting states. Its scope extends to patents, trade marks, industrial designs, utility models, trade names and geographical indications. A list of...
This Practice Note offers practical guidance on what amounts to a change in circumstance for an interim review, or a changed circumstances review, of anti-dumping duties. Introduction Among the reviews an investigating authority may undertake during anti-dumping duties is an interim review or a changed circumstances review. They are conducted while the measures remain in effect. They operate alongside existing anti-dumping duties. An interim review is intended to address situations where the duties are no longer required, or where the duties ought to be increased. These arrangements cater, in the first instance, for situations where there is either no dumping or no injury and, in the second, for circumstances where dumping and injury have increased. For guidance on interim reviews of anti-dumping duties, see Practice Note: Interim reviews in anti-dumping investigations. This Practice Note considers what constitutes a change in...
This Practice Note provides the introduction to the Incoterms® 2020 rules, reproduced here with the permission of ICC Publishing SA. The Incoterms® 2020 rules, together with other ICC titles, can be obtained 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 via www.iccwbo.org. Taking effect on 1 January 2020, the Incoterms® 2020 rules superseded the Incoterms® 2010 rules to mirror developments in the marketplace over the past ten years. For an overview of the Incoterms® 2010 rules, see Practice Note: Incoterms® 2010—introduction [ Archived]. Foreword By John W. H. Denton, AO, ICC Secretary General Expansion of the global economy has offered most companies unprecedented access to markets worldwide. As a consequence, goods are now traded in more jurisdictions, in larger volumes, in wider...
Article by article comparison of Incoterms® 2020 rules This Practice Note offers an article-by-article comparison of the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. Other ICC works are obtainable from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 rules to reflect market shifts over the past decade. For an overview of Incoterms® 2010, applicable until that date, see Practice Note: Incoterms® 2010—introduction [ Archived]. This Practice Note presents an article-by-article analysis of the Incoterms® 2020 rules, with each article examined separately across all Incoterms. For a comparison table that considers all Incoterms® 2020 articles together, see: General obligations This table contrasts the seller’s general obligations under A1 General...
This Practice Note contains the guidance for the FAS Free Alongside Ship Incoterm within the Incoterms® 2020 rules, reproduced here with the permission of ICC Publishing SA. Incoterms® 2020 rules and other ICC publications can be obtained from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. Incoterms® 2020 took effect on 1 January 2020, updating the Incoterms® 2010 rules to reflect market changes over the preceding ten years. For the FAS Incoterm applicable until that date, see Practice Note: Incoterms® 2010 Rules— FAS Free alongside ship [ Archived]... Explanatory notes for users 1. Delivery and risk ‘ Free Alongside Ship’ indicates that the seller effects delivery to the buyer: when the goods are set alongside the vessel (eg on a quay or a barge) ...
This Practice Note sets out the guidance to the FCA Free Carrier Incoterm within the Incoterms® 2020 rules, reproduced here with permission from ICC Publishing SA. Incoterms® 2020 rules and other ICC publications are available from ICC Publishing SA, 33–43 avenue du Président Wilson, 75116 Paris, France, from ICC United Kingdom, 1st Floor, 1–3 Staple Inn, London, WC1V 7QH, United Kingdom, and at www.iccwbo.org. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to reflect market developments over the last decade. For the FCA Incoterm that applied until then, see Practice Note: Incoterms® 2010 Rules— FCA Free Carrier [ Archived]. FCA (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free Carrier (named place)’ indicates that the seller provides the goods to the buyer in one of two ways: First, where the named place is the...
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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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