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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 clear, practical guidance on how an exporter can claim preference under the rules of origin when trading internationally under the Comprehensive and Progressive Trans‑ Pacific Partnership ( CPTPP). Introduction For goods sent abroad to access the preferential tariff treatment available under the CPTPP, the exported item must meet the rules of origin criteria specified in the CPTPP. For detail on the preferential treatment that goods receive under the CPTPP, see Practice Note: UK’s trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership. For guidance on the rules of origin criteria that goods must satisfy to obtain such preferences, see Practice Note: Rules of origin under the CPTPP. Claiming preferential treatment for goods Each CPTPP party must permit an importer to lodge a claim for preferential tariff treatment on the basis of a certificate of origin completed by the...
This Practice Note offers practical guidance on the temporary entry of business persons under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership ( CPTPP). Introduction The CPTPP is a wide-ranging free trade agreement. Consequently, it goes beyond goods alone and spans several other trade areas, including: Trade in goods. For advice on trade in goods under the CPTPP, see Practice Note: UK’s trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership Trade in services. For advice on trade in services under the CPTPP, see Practice Note: Trade in services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement Trade in financial services. For advice on trade in financial services under the CPTPP, see Practice Note: Trade in financial services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement Sanitary and...
This Practice Note sets out practical guidance on the commitments on trade in financial services undertaken by Member States under the Comprehensive and Progressive Trans- Pacific Partnership Agreement ( CPTPP). It covers National Treatment, Most- Favoured- Nation ( MFN), market access, Member State-specific commitments, non-conforming measures and exceptions. Introduction The Comprehensive and Progressive Trans- Pacific Partnership Agreement regulates various trade-related matters for participating Member States. In the area of trade in services, the approach is that all services are liberalised unless a Member State has expressly excluded them from liberalisation due to stated non-conforming measures. For guidance on this, see Practice Note: Trade in services under the Comprehensive and Progressive Trans- Pacific Partnership Agreement. Chapter 10, which governs trade in services, does not apply to financial services. Chapter 11 specifically governs trade in financial services. Scope of financial services The commitments in financial services under Chapter 11 apply to...
This Practice Note sets out practical, hands-on guidance on the steps in a typical countervailing investigation. It spans every stage, from the initial application through to the final determination in the investigation. Introduction There are multiple phases in a countervailing inquiry. This Practice Note explains these phases as framed by the Agreement on Subsidies and Countervailing Measures. Variations at national level may arise depending on the approach of the competent investigating authority. A flow chart mapping these phases appears below, and, immediately beneath that, practice-focused guidance on each phase is provided. Both items are set out directly below for ease of use too. Submission of written complaint Ordinarily, an investigating authority will commence a countervailing investigation only where a written complaint (application) is lodged by the affected domestic industry. For our guidance on the criteria for such an application, and on the obligation on the...
This Practice Note offers practical direction on applying for a countervailing investigation with the UK’s Trade Remedies Authority ( TRA). It sets out who may apply, what to do before applying, how to obtain and file the form, the information required, how to prepare a non-confidential version, guidance for completing the form, and how the application will be assessed. Who can apply? Only the UK industry may submit an application, whether directly or through a representative. For these purposes, the UK industry means either: all UK manufacturers of the like product; or those UK manufacturers whose combined output of the like product amounts to a major proportion of total UK production of those products The application must also show the extent of UK industry support for, or opposition to, the request, including: the total volume and value of UK production of the like...
This tracker helps monitor the progress of disputes at the World Trade Organisation. For ease of reference, it is arranged by the year in which consultations are requested. Consultations requested—2025 DS644 India— Measures Concerning Trade in Goods in the Solar Cell, Solar Module, and Information Technology Sectors — China Consultations sought: 19 December 2025 Press release: 23 December 2025 DS643 Canada— Tariff Rate Quotas and Surtax on Imports of Certain Steel Goods and Global Tariff on Certain Steel Derivative Goods — Chinese Taipei Consultations sought: 15 December 2025 Press release: 18 December 2025 DS642 India— Measures Concerning Trade in the Automotive and Renewable Energy Technology Sectors — China Consultations sought: 15 October 2025 Press release: 20 October 2025 ...
This Practice Note offers practical direction on establishing injury margins in anti-dumping and countervailing inquiries. It outlines the process and provides an illustration for each of the two approaches commonly applied by investigating authorities: price undercutting and price underselling. Introduction Both the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ( Anti-dumping Agreement) and the Agreement on Subsidies and Countervailing Measures ( SCM Agreement) permit the application of a duty lower than the calculated dumping margin or subsidy amount. Article 9.1 of the Anti-dumping Agreement and Article 19.2 of the SCM Agreement enable this option. That said, the Agreements merely encourage, rather than require, the imposition of a lesser duty, even though many investigating authorities choose to apply one. Neither Agreement sets out any detailed guidance. Below, we consider two techniques most frequently used by...
This Practice Note offers practical guidance on assessing serious injury in safeguard investigations. Introduction Under the World Trade Organisation’s ( WTO) Agreement on Safeguards, a Member State may impose safeguard measures only where: imports have increased as a result of unforeseen circumstances in conditions that cause or threaten to cause serious injury, and to domestic producers of like or directly competitive products All four criteria must be satisfied before an investigating authority can recommend the imposition of safeguard measures. For guidance on these requirements and the Agreement on Safeguards, see Practice Note: An introduction to the Agreement on Safeguards. For advice on the application procedure, see Practice Note: How to apply for a safeguard investigation. The most difficult element to demonstrate is often whether the increased imports are causing, or threatening to cause, serious injury to the domestic...
ARCHIVED : This Practice Note is archived and no longer maintained. It previously set out how the US Department of Justice ( DOJ) and the Securities and Exchange Commission ( SEC) approached enforcement of bribery and corruption offences under the Foreign Corrupt Practices Act 1977 ( FCPA 1977). Its coverage pertained to the period before the February 2025 Executive Order pausing all investigations and prosecutions under the Foreign Corrupt Practices Act ( FCPA), and prior to the subsequent publication of revised DOJ guidelines for FCPA investigations and enforcement. For further information, see: DOJ FCPA Guidelines News Analyses: Foreign countries have strong foundation to fill FCPA void DOJ signals major shift in white collar enforcement priorities Feds reboot FCPA agenda with narrower enforcement focus The US Foreign Corrupt Practices Act of 1977 ( FCPA) is part of US federal law and...
This Practice Note offers practical direction on pursuing a safeguard investigation with the UK’s Trade Remedies Authority. It explains who may apply, what to consider before applying, how to obtain and lodge an application, the required content of the application, how to prepare a non-confidential version, guidance on completing the form, and how the application will be evaluated. Who can apply? Only the UK industry, acting itself or on its behalf, may submit an application for an investigation. The UK industry is either: all UK producers of the like product, or those UK producers whose combined output of the like product represents a major proportion of total UK production of such products The application must also show, within the document itself, the extent of UK industry support for, or opposition to, the request, including: the total UK volume and value of...
This Practice Note sets out practical guidance for exporters on how to claim preference under the rules of origin when trading under the Australia and United Kingdom Free Trade Agreement ( Aus‑ UK FTA). Introduction For exports of goods to access the preferential tariff treatment offered by the Aus‑ UK FTA, the shipped product must meet the rules of origin requirements laid down in the Aus‑ UK FTA, as set out in that agreement. For guidance on the preferential treatment available to goods under the Aus‑ UK FTA, see Practice Note: Trade in goods under the Aus‑ UK FTA. For guidance on the rules of origin requirements that goods must satisfy to obtain the preferential treatment, see Practice Note: Rules of origin of the Aus‑ UK FTA. Claiming preferential treatment for goods Both parties must permit an importer to lodge a claim for...
This Practice Note offers hands-on guidance for exporters on securing preference under the rules of origin when trading textile products within the Comprehensive and Progressive Trans- Pacific Partnership ( CPTPP)... Introduction To access the preferential tariff rates available under the CPTPP, exported goods must satisfy the agreement’s rules of origin requirements. For an overview of the preferential treatment available to goods under the CPTPP, see Practice Note: UK’s trade in goods under the Comprehensive and Progressive Agreement for Trans- Pacific Partnership. For detailed help on the rules of origin that products must meet to qualify for those preferences, see Practice Note: Rules of origin under the CPTPP. This Practice Note focuses on claiming preferential tariff treatment specifically for textile products under the CPTPP. For advice on claiming preferences for all other categories of goods under the CPTPP, see Practice Note: How to claim...
This Practice Note offers practical guidance on working out the amount of a subsidy that provides a benefit to the recipient. It also gives applied direction on government provision of equity, loans and guarantees, the provision of goods and services by government, and the government purchase of goods... Introduction The WTO’s Agreement on Subsidies and Countervailing Measures ( SCM Agreement) requires the investigating authority to establish first whether a subsidy exists before assessing if it causes material injury to the domestic industry. Under the SCM Agreement, a subsidy exists where: there is a financial contribution by a government or any public body that confers a benefit on the recipient In addition, the subsidy must be specific. Even where there is a financial contribution, it must still confer a benefit on the recipient. For further guidance, see Practice Note: An...
This Practice Note sets out practical guidance on the use of trade remedies under the Australia– UK Free Trade Agreement ( Aus‑ UK FTA). It therefore explains the application of anti‑dumping duties, countervailing measures and safeguard measures within the Aus‑ UK FTA... Introduction The Aus‑ UK FTA is a comprehensive free trade agreement. Consequently, it covers more than trade in goods and extends to a range of other trade matters such as: rules of origin. For guidance on the rules of origin under the Aus‑ UK FTA, see Practice Note: Rules of origin of the Aus‑ UK FTA. For guidance on how to claim preferential tariff treatment, see Practice Note: How to claim preference under the Aus‑ UK FTA technical barrier to trade. For guidance on technical barriers to trade under the Aus‑ UK FTA, see Practice Note: Sanitary and...
This Practice Note offers practical guidance on technical barriers to trade ( TBT) under the Australia United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction As a free trade agreement, the Aus- UK FTA not only sets tariffs on goods exchanged between the two parties, it also covers other matters required to trade in goods or viewed as non-tariff barriers to trade. This includes: rules of origin. For guidance on rules of origin under the Aus- UK FTA, see Practice Note: Rules of origin of the Aus- UK FTA. For guidance on claiming origin under the Aus- UK FTA, see Practice Note: How to claim preference under the Aus- UK FTA customs procedure and trade facilitation technical barriers to trade, and trade remedies Chapter 7 of the Aus- UK FTA addresses TBT. The objective of chapter 7 is to ease trade by: ...
This Practice Note sets out practical guidance on the temporary entry of business persons under the Australia and United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction The Aus- UK FTA is a wide-ranging free trade agreement. Accordingly, it covers more than trade in goods and extends to several other aspects of trade, including: rules of origin. For advice on the rules of origin under the Aus- UK FTA, see Practice Note: Rules of origin of the Aus- UK FTA. For help on claiming preferential tariff treatment, see Practice Note: How to claim preference under the Aus- UK FTA technical barriers to trade. For guidance on technical barriers to trade under the Aus- UK FTA, see Practice Note: Technical barriers to trade under the Aus- UK FTA sanitary and phytosanitary measures. For guidance on sanitary and...
This Practice Note offers practical guidance on the WTO and the UK’s approach to a particular market situation in anti-dumping investigations. It outlines the legal provisions, supplemented by case law and recent practices of the United Kingdom’s Trade Remedies Authority. Introduction The World Trade Organization’s Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade ( Anti-dumping Agreement) provides that, when assessing whether dumping has occurred, the investigating authority must compare the export price with a comparable normal value. Likewise, the Taxation ( Cross-border Trade) Act 2018 ( T( CT) A 2018) reflects this by stating that normal value is the comparable price in the ordinary course of trade, or another price determined in accordance with regulations. Investigating authorities therefore have a duty to employ a comparable normal value. The preferred route is to rely on the domestic...
Introduction This Practice Note sets out guidance on the stages in a typical anti-dumping investigation. It covers all phases from application through to final determination. Anti-dumping inquiries involve many steps; a flow chart appears below, followed by practice notes on each stage. Application for investigation Generally, investigating authorities open an anti-dumping duty case only when the affected domestic industry has filed an application. For guidance on this, see Practice Notes: An introduction to anti-dumping duties and How to apply for an anti-dumping investigation. However, an authority may commence an investigation without a written application from the domestic industry, though this tends to occur only in special circumstances. To justify self-initiation, the authority must hold sufficient information on dumping, injury, and the causal link between them. Specifically, the authority must have information on: prices at which the product concerned is sold in the exporting Member State’s...
This Practice Note sets out clear, practical direction on the verification visit that may arise during an anti-dumping investigation. It explains the types of information likely to be examined, as well as the material that will in fact be reviewed. Introduction In the World Trade Organization’s Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the ‘ Anti-dumping Agreement’), investigating bodies must, in essence, assure themselves of the accuracy of data supplied by interested parties. Article 6.7 describes one means by which authorities can effectively confirm the reliability of such submissions. Under Article 6.7, an investigating authority, if it so chooses, may carry out a verification visit. For guidance on the legality of verification visits and the procedures involved, see Practice Note: Evidence in anti-dumping...
This Practice Note offers direct access to the actual bound and applied tariff rates for every World Trade Organization ( WTO) Member State, together with pragmatic direction on how to navigate and use the tariff schedules. Bound rates Bound rates represent the ceiling on duties that Member States levy on imported goods on a Most Favoured Nation ( MFN) basis. For practical guidance on bound rates and MFN treatment, please refer to Practice Note: An introduction to Trade in Goods. A Member State’s bound duties appear in its own schedule of commitments. Each such schedule is specific to the Member concerned. These schedules form an integral component of the General Agreement on Tariffs and Trade ( GATT) 1994 and, accordingly, are legally binding instruments......
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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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