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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 provides an overview of the law, guidance and practice on executing simple contracts and deeds in Ireland. It sets out the principal distinctions between simple contracts and deeds and the formalities for execution. It also addresses counterparts and virtual closings, electronic signatures, powers of attorney, deed of variation, Irish Collective Asset-management Vehicles ( IVACs) and property transactions. Creating a contract A contract is a legally binding agreement conferring rights and imposing obligations between two or more parties. In essence, four core requirements must be met before a contract arises: an offer has been made that offer has been accepted valuable consideration is provided for performance of the contract the parties intend to be legally bound Contracts can be: oral written a mixture of oral and written by deed The general rule is that writing is not...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
The below tracks live European Commission merger investigations. For details on closed investigations, see EU phase I mergers—closed cases tracker and EU phase II mergers—closed cases tracker. For details of closed EU merger enforcement actions, see EU mergers enforcement actions—closed cases tracker. NOTE—completed merger investigations are removed from this document to the closed-case trackers within seven days of the final decision of the Commission. For details of appeals before the General Court, see the General Court appeals—ongoing cases tracker. For details of appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker......
Ireland— Determining jurisdiction in civil litigation—checklist For a checklist explaining how to assess whether an Irish court can take jurisdiction over particular civil disputes, see Ireland— Determining jurisdiction in civil litigation—checklist. This Practice Note outlines the rules that govern when the Irish civil courts may hear claims with an international dimension. It includes guidance on international jurisdiction under Brussels I (recast), the Lugano Convention and the Hague Convention. It also addresses the position where proceedings are commenced in more than one jurisdiction. Finally, the Practice Note offers practical pointers when evaluating jurisdictional issues in Ireland. For guidance on: which specific court a claim should be brought in, see Practice Note: Ireland— Starting a civil action other matters to weigh up before issuing a civil claim in an Irish court and how to commence and advance a civil claim in Ireland, see Practice Notes: Ireland— Starting a civil action and...
Introduction Statute and a company’s constitution regulate the allotment and issue of shares. This Practice Note explains the process for a private company limited by shares to allot shares, including conferring rights to subscribe for shares or to convert a security into shares. Both the statutory framework and the constitution govern how those steps are implemented. The provisions on share allotment must be considered alongside the rules that govern existing shareholders’ pre-emption rights. A pre-emption right gives a shareholder a right of first refusal on any allotment of shares. Definitions of allotment and issue The expressions ‘allotment’ and ‘issue’ are commonly treated as if they were the same when referring to new share capital, yet they carry different legal implications that should be appreciated. Shares are regarded as allotted when an individual gains the unconditional entitlement to be placed on the company’s register of members for those...
This Practice Note explores the function and significance of boilerplate provisions within a contract. It highlights those boilerplate terms most frequently appearing in agreements connected with transactions, and considers the approach that ought to be adopted when reviewing or drafting any agreement that contains them. Lawyers handle an enormous range of transactions, yet each, in one form or another, relies on written contracts. Every one of those contracts ought to incorporate certain boilerplate terms. In practice, transaction documents should not be issued without them. What is boilerplate? There is no universally accepted meaning of a ‘boilerplate’ clause. These clauses are often regarded as routine, miscellaneous provisions. They are frequently signed off with minimal thought or bargaining, but treating them this way is a risky course to take. It is more precise to view ‘boilerplate’ as the label for the clauses included in an...
ARCHIVED This archived corporate horizon scanner monitors the progress of Irish legislation—covering Bills in progress, Acts in force and Statutory Instruments—alongside consultations, inquiries and dates relevant to corporate lawyers. It spans Irish and EU legislation, rules and guidance, and tracks developments linked to international policy‑setting and regulatory bodies. From an Irish standpoint, it includes legislative and rule updates, guidance and other notices from the Corporate Registration Office ( CRO) and the Corporate Enforcement Authority ( CEA). Other key Irish regulators featured are the Office of the Director of Corporate Enforcement, the Law Reform Commission, the Company Law Review Group ( CLRG) and the Competition and Consumer Protection Commission ( CCPC). To follow legal and regulatory change on specific themes, see: UK, EU and International Corporate reporting and audit—environmental sustainability and climate change tracker EU environment tracker...
UK status From 31 January 2020 (exit day), the UK ceased to be an EU Member State. Under the Withdrawal Agreement, there was an implementation period when EU law continued to apply in the UK. As of 1 January 2021, the principal operative elements on automatic recognition in Regulation ( EU) 2015/848 ( OJ L141/19), the Recast Regulation on Insolvency, no longer apply to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Other Member States still give effect to the EU Recast Regulation on Insolvency where its criteria are met. EU Recast Regulation on Insolvency The EU Recast Regulation on Insolvency made substantial changes to Regulation ( EC) 1346/2000 (the EC Regulation on Insolvency). For the full text of the EU Recast Regulation on Insolvency, click here. Although the EU Recast Regulation on Insolvency entered into force on 26 June 2015, most...
ARCHIVED: This Practice Note is archived and not maintained. It outlines the principal dates and legal developments expected to affect corporate lawyers in Ireland in 2025 and beyond. The entries cover Irish and EU legislation, rules and guidance, plus movements among international policy-makers and regulatory bodies. Please propose topics for our horizon scanner at: irelandcurrentawareness@lexisnexis.com. From an Irish viewpoint, the scanner reflects legislative and rules updates, guidance and announcements from the Corporate Registration Office ( CRO) and the Corporate Enforcement Authority ( CEA). Other Irish bodies featured include the Office of the Director of Corporate Enforcement, the Law Reform Commission, the Company Law Review Group ( CLRG) and the Competition and Consumer Protection Commission ( CCPC). To follow legal and regulatory changes by topic, see Practice Notes: for UK developments, Corporate horizon scanning—2025 and beyond EU 2024–2029...
Legal advice on environmental matters in the context of a corporate transaction demands a commercial review of the environmental obligations the client has accepted, or will assume, and the actual or contingent risks and liabilities that may arise from them, including: any potential effect on the value of assets (for instance arising from remediation in respect of environmental issues, or from other clean-up obligations and related expenditure) any likely operational implications (for example triggered by the transfer, suspension, or revocation of an environmental permit or necessary licence required to carry on the business) any consequential costs of compliance (for example the need to upgrade plant and machinery, or procure equipment, to achieve compliance with environmental obligations) any reputational risks (for example pollution events, or perceptions of poor environmental or sustainability performance, which could negatively influence share prices) any risk of enforcement action or legal...
Practice Note This Practice Note sets out the practical considerations that arise when handling cross-border litigation in Ireland. It reviews questions of applicable law and jurisdiction within the boundaries of the EU’s legal regime. It also surveys the position after Brexit and the consequences this shift has had for cross-border disputes. This Practice Note is intended to clarify the real-world issues practitioners should weigh when proceedings involve international elements in or connected to Ireland. It examines choice of law and forum within the structure of EU rules, and reflects on the post- Brexit environment and its effects on cross-border disputes. Where a claim has a cross-border dimension - whether because parties are based in different states or because material events occurred in another country or countries - parties and their advisers must focus on three central questions: jurisdiction - in which country should the claim be...
This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention. Does the Convention...
UK status As of 31 January 2020 (exit day), the UK ceased to be a Member State of the EU. For a limited period under the Withdrawal Agreement, there was an implementation phase during which EU law continued to apply to the UK. From 1 January 2021, however, the principal operative elements of Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [ EU Recast Regulation on Insolvency] concerning automatic recognition no longer extend to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Other Member States nevertheless keep applying the EU Recast Regulation on Insolvency where its conditions are fulfilled, and this note considers its operation between those Member States... Recast Regulation on Insolvency The EU Recast Regulation on Insolvency introduced major changes to the EC Regulation on Insolvency, Regulation ( EC) 1346/2000 ( EU...
Practice Note This Practice Note assists with identifying the applicable law for harmful events occurring on or after 1 January 2009. It outlines the special rules for particular heads of claim under Regulation ( EC) 864/2007 on the law governing non-contractual obligations ( Rome II). These include product liability, unfair competition and restraints on free competition, environmental harm, intellectual property ( IP) rights, industrial action, unjust enrichment, negotiorum gestio (agency without authority), culpa in contrahendo (fault in forming a contract), and insurance. See also the Practice Notes: Rome II—scope, exclusions and general provisions, and Rome II—the general rule and its displacement. For UK application, consult Determining applicable law in non-contractual disputes—overview. Aids to interpretation judgments of the Court of Justice recitals at the start of Regulation ( EC) 864/2007 ( Rome II), offering explanations and additional information such as definitions; where uncertain, the relevant Article...
NOTE—to check if notification thresholds within the Republic of Ireland and across the world are satisfied, see also: Where to Notify. 1. Have there been any recent developments regarding the Irish merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Ireland? The Irish Competition ( Amendment) Act 2022 (the 2022 Act) broadened the merger control remit of the Competition and Consumer Protection Commission ( CCPC). A key reform introduced a ‘call-in’ mechanism empowering the CCPC to demand notification of sub-threshold deals where the transaction could harm competition in markets for goods or services within the Republic of Ireland/the State. Although the CCPC has not yet, to date, exercised this tool, it has stepped up scrutiny of non-notifiable deals by sending formal requests for information ( RFIs), with a view to the...
This Practice Note assists in identifying the governing law for harmful events occurring on or after 11 January 2009. It reviews Regulation ( EC) 864/2007 concerning the law governing non-contractual obligations, commonly called Rome II. It addresses the default position in Article 4(1), the shared habitual residence carve-out in Article 4(2), and the displacement mechanism in Article 4(3). Within this Practice Note, the regulation is referred to as Rome II. Throughout, Rome II is the shorthand used for the Regulation in this Note. It is intended for use when a court in an EU Member State is applying Rome II to such non-contractual disputes arising from harmful events. It does not examine how UK courts apply the instrument. For guidance on how Rome II is applied by UK courts, see Practice Note: Rome II—the general rule ( UK only). For guidance on: the...
This Practice Note is intended to assist with identifying the governing law for events that result in damage, where those events occurred on or after 11 January 2009. It explains when and why Regulation ( EC) 864/2007 on the law applicable to non-contractual obligations—known as Rome II—was brought in, and outlines the situations in which it applies and those in which it does not. In this Practice Note, the regulation is referred to as Rome II. For guidance on other aspects of Rome II, see the Practice Notes: Rome II—the general rule and its displacement, and Rome II—special rules. When did Rome II come into force? There was some doubt about the date from which Regulation ( EC) 864/2007, Rome II should be applied. Article 31 of Regulation ( EC) 864/2007, Rome II, headed ‘ Application in time’, states that the Regulation applies to events giving rise to...
This Practice Note is for use when determining applicable law where the contract was entered into on or after 17 December 2009. It examines how Regulation ( EC) 593/2008 on the law applicable to contractual obligations— Rome I—operates where the parties have made no choice of governing law. Coverage includes which law governs particular contract types, for example sales of goods, service agreements and distribution arrangements. It also addresses contracts outside those categories, including the operation of the so‑called ‘escape clause’. For these scenarios, the key concepts are ‘characteristic performance’, ‘habitual residence’, and ‘more closely connected’. The Note explores each term and explains how the escape clause contrasts with Rome I’s forerunner, the Rome Convention. Rome I caters for cases where parties select the governing law—see Practice Note: Rome I—applicable law chosen by the parties—as well as where no selection is made. Where no choice...
This Practice Note explores the operation of the Hague Convention on Choice of Court Agreements when jurisdictional questions arise in practice. It reviews the varieties of jurisdiction clauses and assesses whether they fall within the Convention’s scope. It then explains the duties placed on the court named in an exclusive jurisdiction clause (the chosen court), together with the responsibilities of courts seised where they are not the designated forum (non‑chosen courts). The Practice Note also addresses the availability of anti‑suit injunctions under the Convention and how the Convention is applied in disputes involving multiple parties and interests. It should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)— Brexit considerations. An explanatory report on the Hague Convention on Choice of Court...
Cross-border tools By its very nature, the EU Recast Regulation on Insolvency is binding in law and directly applicable across all EU Member States, except Denmark (which opted not to participate in this regulation). Following Brexit, the principal operative provisions on automatic recognition under the EU Recast Regulation on Insolvency are no longer applicable in the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency [ Archived]). However, other Member States continue to apply the EU Recast Regulation on Insolvency where its requirements are met. The UNCITRAL Model Law on Cross- Border Insolvency (the UNCITRAL Model Law on Cross- Border Insolvency) has no direct effect; nonetheless, countries around the world may decide to adopt it, in whole or in part, with or without modifications (see Practice Notes: List of countries which have adopted the UNCITRAL Model Law on insolvency or are...
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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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