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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...
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...
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...
This Practice Note This Practice Note is a retrospective tracker that charts the progress of Irish legislation (including Acts and Statutory Instruments in force), published judgments of the Supreme Court and Court of Appeal, and concluded consultations in the sphere of property law in Ireland during 2026. It offers a digest of the latest key legal developments expected to affect Irish property practitioners in 2026 and beyond. Please propose issues for inclusion in our horizon scanner at: irelandcurrentawareness@lexisnexis.com. To monitor forthcoming legal and regulatory changes for Irish property lawyers, see Practice Note: Ireland— Property—horizon scanner—2026. For developments covered previously, see Practice Notes: Ireland— Property horizon scanner 2025 [ Archived] and Ireland— Property horizon scanner 2024 [ Archived]. This Practice Note is designed to sit alongside Practice Note: Ireland— Property—horizon scanner—2026, which tracks future developments, including Bills in progress. When a date in the Horizon...
This Practice Note delivers a forward-looking horizon scan of forthcoming developments in Irish property law. It sets out key diary dates (including indicative timings where exact dates are pending) and offers relevant commentary across the areas below. Legislation: Bills in progress Acts not in force, partially in force or introduced in stages Other key developments: Consultations This scanner excludes past developments, such as legislation fully commenced or final judgments. For earlier developments in 2026 within Irish property law, see Practice Note: Ireland— Property Tracker 2026. It also does not cover matters outside Ireland. For UK and EU updates, see: Practice Notes: Tracker & horizon scanning...
In cross-border finance transactions, legal opinions are almost always required. They typically operate as a condition precedent to funding or to the execution of the finance documents. Their function is to inform the addressee about the legal risks inherent in the deal. Although they feature across numerous forms of financing, they can be difficult to handle from both legal and practical angles and should, therefore, be discussed and settled as early as possible in the process. This Practice Note explains: what legal opinions are when they are used who can rely on them what they cover how legal opinions are used in cross-border transactions the structure of a typical opinion letter For more information, see Practice Notes: Conditions precedent; Ireland- How to instruct and manage local counsel in a finance transaction; and How to draft and review legal opinions in loan transactions. For an example of an Irish law legal...
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...
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...
Loan market and developments Kindly give a short synopsis of the current position of the loan markets in your jurisdiction and any material recent shifts. Ireland’s retail banking landscape now centres on three principal institutions— AIB, Bank of Ireland and Permanent TSB—following the departures of KBC and Ulster Bank in 2022. Alongside them, various non-bank lenders are active in the Irish arena. Some hold Central Bank of Ireland ( CBI) authorisation as retail credit firms, as they provide credit to individuals; others are authorised by the CBI as credit servicing firms. For the Irish credit servicing regime, in-scope credit agreements include those with individuals (with limited exceptions) and, where a loan was originated by a regulated financial services provider ( RFSP) and subsequently sold, lending to a small or medium-sized enterprise. In 2024, domestic banks increased overall lending to Irish...
The European Green Deal serves as the European Commission’s framework for sustainable growth across Europe. It embodies the Commission’s answer to existential dangers of climate change and biodiversity decline. It sets out a plan for action within the EU and for international cooperation to avert the gravest effects of a warming planet, while enabling citizens to adjust to unavoidable climate change and helping businesses to shift towards sustainability. Introduction to the European Green Deal The European Green Deal Communication (the Green Deal) appeared on 11 December 2019. It outlined a series of overarching aims to steer EU legislation and policy in the years after publication. An initial European Green Deal roadmap (the Roadmap), listing the principal measures to be adopted in fulfilment of the Green Deal’s objectives, was issued at the same time. A central ambition of the Green Deal is to make Europe the first...
This Practice Note offers a concise outline of Regulation ( EU) 910/2014 (the e IDAS Regulation), as updated by Regulation ( EU) 2024/1183 (the European Digital Identity Regulation, or EUDI Regulation). The updated regime is commonly known as e IDAS 2.0. The revised e IDAS framework establishes the legal basis for electronic signatures, digital identities and other ‘trust services’ across the EU. It clarifies who may rely on electronic signatures and digital identities, and in what circumstances. It also sets specific obligations for providers of ‘trust services’ and brings in a European Digital Identity Wallet ( EUDI Wallet), scheduled to be available in 2026. This Practice Note focuses solely on EU law; for the general position on electronic signatures under the law of England and Wales, see Practice Note: Electronic...
Context Under the European Green Deal, the EU has committed to progressively lowering greenhouse gas emissions up to and beyond 2030, aiming ultimately for net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding requirement for the EU to cut carbon emissions by 55% from 1990 levels by 2030 and to achieve full carbon neutrality by 2050. The European Commission estimates that energy production and consumption account for over 75% of the EU’s greenhouse gas emissions. Rapid decarbonisation of the energy system is therefore vital to meet the 2030 and 2050 goals. To deliver this, the EU is designing and putting in place a legal and policy framework for a climate‑neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, together with improved energy efficiency. The shift to a low‑carbon energy system has long...
ARCHIVED: This Practice Note has been archived and is not maintained Stop press: On 30 April 2024, Regulation ( EU) 2024/1183, the European Digital Identity Framework ( EUDI Regulation), was published in the Official Journal of the EU (see: LNB News 30/04/2024 39). The Regulation took effect on 20 May 2024 and amended Regulation ( EU) No 910/2014, the EU e IDAS Regulation. This Practice Note has therefore been archived—for further details on the EU e IDAS Regulation as amended by the EUDI Regulation (also called the Revised EU e IDAS Regulation or EU e IDAS 2.0), see Practice Note: The revised EU e IDAS Regulation ( EU e IDAS 2.0). This archived Note summarises Regulation ( EU) 910/2014 (the e IDAS Regulation), which establishes the legal framework for electronic signatures within the EU. It sets out who may use electronic signatures and the contexts in which they are...
This guide explains the use of e-signatures across a range of international jurisdictions. A comprehensive table provides a quick-reference overview of whether, and in what ways, e-signatures are deployed in different countries. More extensive detail on every overseas jurisdiction listed is provided in the sections that follow. For detailed information on executing contracts in multiple jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For guidance on the execution of deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For insight into how contracts are formed across various jurisdictions, see Practice Note: Contract formation—jurisdictional guide. For information concerning the execution of documents under Scots law, see Execution— Scotland—overview. Please note that this is an introductory resource only, and that local advice from suitably qualified legal professionals in the relevant country should be obtained where...
Guide to executing simple contracts across jurisdictions This guide explains the requirements for signing simple contracts in a range of international jurisdictions. A table gives a quick-reference snapshot of the execution formalities for companies, individuals and partnerships in different countries. Fuller commentary for each overseas jurisdiction listed in the table appears in the sections below. For guidance on the execution of deeds in various jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For electronic signatures, see Practice Note: E-signatures—jurisdictional guide. For the formation of contracts, see Practice Note: Contract formation—jurisdictional guide. For executing documents under Scots law, see: Execution— Scotland—overview. Please note: this is an introductory resource only, and local advice from suitably qualified legal professionals in the relevant country should be obtained where appropriate. Summary table What are the requirements for companies when executing contracts? What are the requirements for...
This guide outlines the rules and requirements for the execution of deeds across multiple international jurisdictions. A table offers a quick-reference overview and summary of the execution formalities for companies, individuals and partnerships in a range of countries. Further detail on each overseas jurisdiction listed in the table appears in the sections that follow, including any variations in limitation periods for claims under contracts made as a deed. Each section corresponds to the overseas jurisdictions shown in the table for reference. For the execution of contracts across jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For electronic signatures in different jurisdictions, consult Practice Note: E-signatures—jurisdictional guide. For the formation of contracts across jurisdictions, refer to Practice Note: Contract formation—jurisdictional guide. For the execution of documents under Scots law, see Execution— Scotland—overview. Note that this is an introductory resource only; seek local advice from...
This Practice Note reviews the Hague Convention on Choice of Court Agreements, which governs both jurisdiction and the recognition and enforcement of judgments. It outlines the scope of the Hague Convention on Choice of Court Agreements and the need for an international case anchored by an exclusive choice of court agreement. It also examines issues lying outside the Convention’s reach, whether by specific exclusions within the text or through declarations made by contracting states. The Practice Note considers how the Hague Convention on Choice of Court Agreements applies in the UK. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi supplies detailed commentary on each article. When did the Convention come into force? The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico, followed by the EU. In...
Guarantees are commonly deployed in banking arrangements as a type of security for a debt obligation. In these situations, they comprise a contractual commitment by which one party (the guarantor) undertakes to be responsible for the obligations of another (the principal) that are owed to a third party. They do not confer proprietary rights over property. In this sense, guarantees are regarded as quasi-security. This Practice Note considers: the core legal features of guarantees how guarantees operate in financing transactions why lenders favour documents that combine a guarantee with an indemnity which obligations are typically covered-duties under a particular deal or on an ‘all monies’ basis? whose liabilities are usually supported in finance transactions the application and scope of limited guarantees, and why lenders must understand guarantor rights and available guarantor protections This Practice Note does not address on demand...
What is a certificate of title? A certificate of title is a distinct form of title report produced by a solicitor for a party other than their own client. Within commercial property deals, solicitors are commonly asked to examine the title (for example, where land is being bought or put forward as security) on behalf of their client. They then provide a report to the client on the overall character and/or soundness of the title, setting out in detail what their enquiries uncovered, eg any defects or encumbrances affecting the title (such as charges or easements), together with any rights that materially benefit the property. In some situations, the client instructs the solicitor to prepare this report for a person other than the client, for instance a mortgagee or a buyer of shares in a company that holds the land. This specific variant of a title...
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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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