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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 monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
Under English law, binding agreements may arise orally, in writing, or by deed. This Practice Notice explores when a deed is required or preferable, and the formalities that must be observed to ensure validity. What is a deed? When a deed is required Formalities (1): in writing Formalities (2): face value Formalities (3): execution Formalities (4): delivery Escrow Witnessing Variation Failure to comply with formalities and other defects Reform For details on executing deeds in jurisdictions outside England and Wales, see Practice Note: Execution of deeds—jurisdictional guide. We have created a comprehensive, interactive collection to help users identify and navigate concepts and common issues in executing documents, including deeds. Each phase includes practical guidance, precedent clauses and Q& As relevant to that stage. For further information, see: Execution...
Introduced in 2023, the Financial Conduct Authority’s ( FCA) Consumer Duty (the Duty) signalled a major change in the FCA’s regulation of the retail sector, setting higher expectations for the level of care firms owe to consumers. The Duty forms part of the FCA’s shift to an outcomes‑based regime, prompted by worries that many firms took a reactive, ‘tick‑box’ approach to compliance. The FCA was dissatisfied with the consumer outcomes achieved under existing Handbook provisions, including the Principles for Businesses Sourcebook ( PRIN), the Product Intervention and Product Governance Sourcebook ( PROD), and the pre‑existing client best interest rules within the Conduct of Business Sourcebook ( COBS) and the Insurance: Conduct of Business Sourcebook ( ICOBS). Consequently, the FCA expects firms to raise their standards to meet the Duty’s requirements... Key points on the Consumer Duty are as follows: It took effect on 31 July 2023 for...
This Practice Note Provides practical guidance for trustees, as well as sponsoring employers, on operating a defined benefit ( DB) pension scheme that has been closed to future accrual, ie with no ‘active’ members accruing pensionable service in the scheme. It does not address the act of closing itself, nor the factors considered in reaching a decision to run a closed scheme rather than proceed to wind-up. It likewise excludes the steps involved in winding up a scheme or managing a scheme in preparation for entry to the Pension Protection Fund ( PPF). For details on these topics, refer to the following Practice Notes: Closing a pension scheme to future accrual—trustee considerations Closing a pension scheme to future accrual—employer considerations Trustee decisions and the Pension Protection Fund Winding up a defined benefit ( DB) occupational pension...
Although trustees of defined benefit ( DB) schemes are typically not signatories to sale and purchase agreements in corporate deals, they still have a crucial part to play. To properly grasp the implications of any transaction, they must also possess a solid grasp of scheme funding, so they can see the full picture. Their responsibilities include safeguarding members’ accrued promises and, as encouraged by the Pensions Regulator, taking a proactive stance on addressing funding shortfalls—this involves evaluating the employer’s financial robustness (the employer covenant) and, where suitable, seeking improved funding terms from the sponsoring employer. In line with this, the Pensions Regulator requires trustees to maintain up-to-date insight into covenant strength by undertaking routine employer covenant reviews. This regular assessment keeps trustees’ understanding current during corporate activity and supports informed, timely engagement with the sponsoring employer when appropriate. While trustees owe...
FORTHCOMING CHANGE : The Department for Work and Pensions ( DWP) is preparing to introduce a secondary notifiable events regime under section 69A of the Pensions Act 2004, which was inserted by the Pension Schemes Act 2021. Under this new framework, employers will be required to notify both the trustees and the Pensions Regulator of certain defined benefit ( DB) scheme events, and to provide an ‘accompanying statement’ (a declaration of intent) setting out the details and the mitigation steps for any potential detriment to the scheme. In a 2021 DWP consultation it was proposed that three events should trigger notification: (i) an intended disposal by the employer of a material part of the employer’s business or assets; (ii) the intended granting or extension of security over assets that would give priority to other creditors—a decision in principle by the employer to grant or...
STOP PRESS : On 18 March 2026, the Pension Protection Fund ( PPF) issued its levy policy statement and the final rules for 2026/27, together with guidance for pension schemes on meeting the levy rule requirements, and setting out how the PPF intends to operate in areas where the rules allow discretion. The accompanying guidance explains how schemes should demonstrate compliance with the levy requirements and clarifies the PPF’s expected approach wherever discretion applies. The PPF’s policy statement and final rules for 2026/27 implement its earlier announcement confirming that no PPF levy will be charged to conventional schemes for 2026/27, while a proportionate, risk-based Alternative Covenant Schemes ( ACS) levy will be retained. The existing ACS framework is largely unchanged; however, the PPF has committed to accelerate its review of the ACS levy methodology to ensure it remains...
Key pensions resources are available in Lexis®Library and are referenced throughout the Pensions materials in Lexis+® UK, delivering practical commentary, legislation, rules and guidance for pensions professionals in private practice or in-house. The titles below require the appropriate Lexis®Library subscription(s) for access... Tolley’s Pensions Law Service A comprehensive commentary setting out clear guidance on the legal and technical running of pension schemes, with explanations across a wide range of topics, including: types of pension provision; establishing and amending an occupational scheme; membership and benefits; investment, assets, funding and surplus; acquisitions, mergers, transfers and winding-up; Scottish law and overseas aspects. Ideal for pensions professionals carrying out research into these areas... Halsbury's Laws of England volumes relevant for pensions professionals: Halsbury's Laws of England, Personal and Occupational Pensions, Volume 80 (2020) Halsbury’s Laws of England provides the only...
ARCHIVED: This tracker is archived and no longer maintained. It presents a selection of notable pensions judgments from 2022 arranged by topic. It also lists key pension rulings from 2022 in chronological order. Use the Table of Contents on the left to browse entries. December 2022 Case details | Citations | Further information Green and others v Metropolitan Police Commissioner - 21 December 2022. Citations: [2022] EWCA Civ 1686; [2022] All ER ( D) 77 ( Dec). Sources: Caselaw; judgment from Courts & Tribunals Judiciary. News analyses: Stopping pension benefits and human rights ( Green v Police Commissioner); Widows lose challenge to cut-off rules for police pensions. Court of Appeal Civil Division live hearings: Green & ors (claimants/appellants) v The Commissioner of Police of the Metropolis (respondent) & anr. R (on the...
ARCHIVED This tracker is archived and is not being updated. It gathers significant pensions judgments from 2022, arranged by topic. The entries are organised by subject, with the topics listed in the Table of Contents on the left-hand side. Construction of scheme rules-revaluation De La Rue plc v De La Rue Pension Trustee Ltd Case information Full name: (1) De La Rue Plc (2) De La Rue Holdings Ltd (3) De La Rue International Ltd v (1) De La Rue Pension Trustee Ltd (2) Mark Crickett Citation: [2022] EWHC 48 ( Ch), [2022] All ER ( D) 50 ( Jan) Court: High Court Judgment date: 14 January 2022 (hearing dates 15–16 December 2021) Representation: Keith Rowley QC and Elizabeth Ovey (instructed by Hogan Lovells International LLP) for the Claimants Henry Day...
Statutory framework Pension liberation, notably Hughes v Royal London, highlighted that trustees are unable to block a member from exercising their statutory right to transfer, even where there is a strong suspicion that the receiving scheme is fraudulent. In 2016, the government first proposed narrowing the statutory transfer right to particular types of schemes to help protect members from scams. After two consultations and years of delay, the following legislation finally took effect on 30 November 2021: Section 125 of the Pension Schemes Act 2021 ( PSA 2021), which allows regulations to be made restricting the statutory right to transfer, including by imposing conditions linked to a member’s employment or place of residence. The Occupational and Personal Pension Schemes ( Conditions for Transfers) Regulations 2021, SI 2021/1237 (the Conditions for Transfer Regs), which require trustees of the...
Prosecution by The Pensions Regulator ( TPR) Occupational pension schemes operate within a dense regulatory regime, primarily supervised by The Pensions Regulator ( TPR). Numerous duties imposed on individuals-such as trustees and scheme managers-carry criminal liability. Although TPR is central to policing these standards, criminal pension matters are not confined to its jurisdiction. Other bodies, including the Financial Conduct Authority ( FCA) and the Crown Prosecution Service ( CPS), also possess authority to bring prosecutions in the pensions arena. In Scotland, this function sits with the Crown Office and Procurator Fiscal Service ( COPFS). This Practice Note summarises the principal pension-related offences for which TPR acts as the lead enforcement body, together with any statutory defences. It also covers the offences introduced by the Pension Schemes Act 2021 ( PSA 2021). For comprehensive detail on TPR’s regulatory, investigatory and enforcement toolkit, see Practice Note: The powers of the...
ARCHIVED : This case tracker has been archived and is not maintained. This archive sets out a date-ordered list of significant pensions judgments handed down in 2019. The entries are arranged chronologically and can be navigated using the Table of Contents to the left of the page. This Practice Note includes references to case law of the Court of Justice of the European Union. Broadly, EU judgments delivered on or before 31 December 2020 remain binding on UK courts and tribunals (even if the EU courts subsequently depart from them) until UK courts use their powers to diverge. Generally, EU case law made after that date is not binding in the UK, although UK courts and tribunals may still have regard to later EU decisions where relevant. For more detailed guidance on the treatment of EU case law, see Practice Note: Retained EU law and...
Since 26 June 2020, companies have been able to use Part 26A restructuring plans under the Corporate Insolvency and Governance Act 2020 ( CIGA 2020). Implementation is underpinned by the applicable Practice Statement (see Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)) and by Explanatory Notes issued by the Department for Business, Energy and Industrial Strategy (now the Department for Business and Trade). These provisions represent a permanent reform of the UK’s restructuring and insolvency regime and a valuable addition to its toolkit. What are the practical implications? The Part 26A restructuring plan equips distressed, yet fundamentally viable, businesses with the means to pursue a rescue. It enables a company to bind all creditor classes-junior as well as senior-even where they vote against, by deploying the cross-class cram down ( CCCD) mechanism. The court may impose that cram down so long as...
ARCHIVED This case tracker is archived and no longer maintained. It sets out a list of notable pensions judgments from 2020, grouped by topic. The entries are ordered by date and can be navigated via the Table of Contents on the left of the page. This Practice Note includes references to case law of the Court of Justice of the European Union. Broadly, EU judgments issued on or before 31 December 2020 remain binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts use their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although UK courts and tribunals may continue to have regard to relevant EU judgments. For more detailed information on the treatment of EU case law, see Practice Note: Retained and...
ARCHIVED : This case tracker has been archived and is not maintained. This resource offers a catalogue of key pensions judgments from 2021, set out by topic and also by date. Use the Table of Contents on the left to move through the entries. December 2021 Case details: R (on the application of Police Superintendents' Association) v HM Treasury Citations: [2021] EWHC 3389 ( Admin) Further information: News Analysis: No relief granted in challenge to public service pensions reform ( R ( PSA) v HM Treasury); Judgment Alert: R (on the application of Police Superintendents’ Association) v His Majesty's Treasury [2021] EWHC 3389 ( Admin); LNB News 15/12/2021 55 November 2021 Case details: Prudential Assurance Company Ltd and another company, 24 November 2021 Citations: [2021] EWHC 3152 ( Ch), Bailii Further information: News Analysis: High Court approves Part VII...
Practice Note: Pension sharing orders on divorce in Scotland (defined benefit schemes) This Practice Note offers a concise overview of how pension sharing orders on divorce in Scotland apply to defined benefit pension schemes. It is not designed to address every detail of the pension sharing framework. Key legislation and regulations Family Law ( Scotland) Act 1985 ( FL( S) A 1985) Part IV of the Welfare Reform and Pensions Act 1999 ( WRPA 1999) Pensions on Divorce etc ( Pension Sharing) ( Scotland) Regulations 2000, SI 2000/1051 There are also other pertinent regulations, some of which are mentioned within this Practice Note. Following the divorce of a marriage or the dissolution of a civil partnership, a pension may constitute part of the matrimonial property. The court may order a redistribution of the pension between the spouses or civil partners, or the parties may reach an...
FORTHCOMING CHANGE : On 3 December 2025, Torsten Bell set out intentions to produce guidance on fiduciary obligations, clarifying how broader considerations can be incorporated within existing duties, including system-wide threats like climate change and the long-term effects of investments on members’ outcomes. It will also cover the ways trustees might reflect members’ views and will restate the requirement to weigh all financially material factors, while still aligning with acting in members’ best interests. Efforts to place the guidance on a statutory basis via the Pension Schemes Act 2026 did not succeed, yet the government restated its resolve to develop the guidance. For more detail, see the DWP Parliamentary response of 19 January 2026 and the Hansard debate in the House of Lords (26 March 2026). It is frequently said that pension scheme trustees owe a duty to act for the...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
This guide is chiefly intended for trainees, newly qualified lawyers and anyone new to or unfamiliar with pensions law. THIS PRACTICE NOTE APPLIES TO TRUST- BASED OCCUPATIONAL PENSION SCHEMES This beginners’ guide reviews the Pensions Ombudsman’s remit to handle occupational and personal pension complaints and disputes, covering: the Ombudsman’s role who can submit a complaint to the Ombudsman and the method for doing so the kinds of complaints/disputes that are outside scope the Ombudsman’s remedies how to appeal the Ombudsman’s determinations What is the role of the Pensions Ombudsman? The Pensions Ombudsman investigates and determines: specified authorised complaints about injustice resulting from maladministration by trustees, managers and employers involved in occupational and personal pension schemes disputes of fact or law between specified authorised complainants and trustees, managers and employees connected with occupational and personal pension schemes any question about...
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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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