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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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Consideration of the proposal What is the process of considering of the proposal? The nominee is required to call a company meeting to examine the proposal at a specified time, date and place, and must invite creditors to consider it through a decision procedure. The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024 apply to CVAs. The creditors’ decision date may take place on the same day as the company meeting, or on different days; in all cases, the creditors must reach their decision before the members, and the members’ decision must occur no later than five business days after the creditors’ decision. The decision date must be set not less than 14 days from delivery of the notice under IR 2016, SI 2016/1024, r 2.25, and not more than 28 days after the nominee’s report is filed with the court. To...
Under section 15 of the Bankruptcy Act 1914 (which preceded the Insolvency Act 1986 ( IA 1986)), a public examination was mandatory whenever a debtor was adjudged bankrupt. The IA 1986 provisions remove the obligation to hold a public examination in each and every case, but permit the official receiver ( OR) to apply to the court for the bankrupt’s public examination before the bankrupt is fully discharged. This route is commonly taken where the bankrupt has not co-operate d with the OR, for instance by failing to fulfil his/her duty to supply the OR with an inventory of their estate or any other information the OR reasonably requires, or by failing to attend on the OR. Although a public examination is not intended as a fishing exercise, it does enable the gathering of material that will aid the OR and/or any trustee in...
Key steps and timetables The restructuring plan ( RP) broadly follows the framework applied to schemes. In matters where Cross Class Cram- Down ( CCCD) or valuation points are likely to be challenged, or where valuation specialists may need to be cross-examined, it is sensible to inform the court at the convening hearing and to build sufficient time into the court timetable so these issues can be properly considered by the affected parties and the court. Although the court accepts that a distressed company cannot, and does not need to, negotiate bilaterally with every creditor impacted, there should be genuine efforts to engage at least with those with the greatest exposure. For reference, see Poundland (sanction) and News Analysis: Cross-class cramdown successfully used against nine dissenting classes ( Re Poundland Ltd)......
Waldorf Production UK Plc (the Company) seeks approval for a second Part 26A restructuring plan ( RP) at a convening hearing set for February 2026. Key points are outlined below (capitalised terms not defined here have the meanings given in the convening judgment). This renewed proposal follows the court’s refusal to sanction the first plan on fairness grounds and the potential leapfrog appeal to the Supreme Court, which the Company opted not to pursue in light of this second RP (see Waldorf Production UK Plc (sanction) and Practice Note: Part 26A restructuring plan deal debrief— Waldorf Production UK Plc). The second plan enables a sale to Harbour Energy PLC ( Harbour). This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of core metrics from RPs filed in 2024 and commentary from leading figures in...
Rationale for the UNCITRAL guidance Following the 2008 credit crunch and the rise in cross‑border insolvency cases, the United Nations Commission on International Trade Law ( UNCITRAL) issued guidance addressing directors’ duties for standalone companies in the period before insolvency, set out as Part Four of its Legislative Guide (the Legislative Guide, Part Four). It addresses expected conduct in the run‑up to insolvency for company directors. The initiative was tabled by the UK, INSOL International and the International Insolvency Institute ( III). UNCITRAL’s mandate is to advance the unification of international trade law and to promote harmonisation, and also Part Four of the Legislative Guide was crafted to progress that objective. Notably, stronger alignment of domestic approaches enhances certainty and predictability for creditors, across national systems. The Legislative Guide, Part Four received formal approval from UNCITRAL on 18 July 2013 (see Report of...
2025: Key Restructuring & Insolvency cases [ Archived] ARCHIVED: This Practice Note is archived and no longer maintained. Re Argo Blockchain PLC [2025] EWHC 3395 ( Ch) Judgment date: 23 December 2025 Subject: Part 26A restructuring plans—sanction, meeting, definition, retail advocate Further reading: A meeting of one? Class meetings and restructuring plans ( Argo Blockchain Plc, Re) Nexedge Markets Ltd v Trex Global Ltd [2025] EWHC 3425 ( Comm) Judgment date: 19 December 2025 Subject: International restructuring and insolvency— Gibbs rule, no submission to the jurisdiction Taqa Bratani Ltd v Fujairah Oil and Gas UK LLC (formerly known as Rockrose UKCS8 LLC) [2025] EWCA Civ 1669 ...
Duties of an office-holder to realise property Insolvency processes (such as administration, liquidation or bankruptcy) involve appointing an insolvency office-holder whose principal duty (for a liquidator or trustee in bankruptcy) is to collect in the insolvent company’s or bankrupt individual’s assets and realise them for the ultimate benefit of creditors. Their central function is to maximise returns to creditors by turning property into cash or value as efficiently as practicable, consistent with their statutory remit. An administrator has authority to do this whilst pursuing one of the three statutory purposes of administration (see Practice Notes: Role, powers, functions and duties of an administrator, Role, powers, functions and duties of a liquidator and Role, powers, functions and duties of a trustee in bankruptcy). In this context, insurance claims—being choses in action—are property capable of realisation for the estate. This Practice Note considers the...
This Practice Note This Practice Note sets out selected hearing dates that are proposed or publicly listed in the High Court, Insolvency and Companies Court ( Chancery Division) daily cause list from 1 January 2026 onwards, shown with the most recent first, for: Part 26 schemes of arrangement, including creditor/member schemes (see: Schemes of arrangement—overview) Part 26A restructuring plans ( RPs) (see Practice Note: Part 26A restructuring plans) From 1 January 2026, the revised Practice Statement takes effect (see Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)). For details of hearings......
Rationale In some cross-border restructuring or insolvency situations, a protocol agreed by the relevant parties in each distinct jurisdiction can help co-ordinate the wider process more effectively, cut costs and thus meaningfully raise overall returns for creditors as a group, wherever they are based across jurisdictions. Protocols are typically set out in writing (though may on occasion be oral), addressing existing and/or potential areas of dispute, and are also referred to as: cross-border insolvency agreement (see the UNCITRAL Practice Guide) compromise agreement memorandum of understanding There is no fixed template for protocols and a key advantage is their ability to be tailored to the facts of each matter. UNCITRAL has issued a practical Practice Guide (2010) for practitioners and judges on co-operation and communication in cross-border insolvency cases, which includes example clauses for protocols. It is not intended to be...
Fossil ( UK) Global Services Ltd Fossil ( UK) Global Services Ltd sought a Part 26A restructuring plan ( RP), with the convening hearing in October 2025 and the sanction hearing following in November 2025. Key points are set out below; unless stated, capitalised terms have the meanings in the sanction judgment. Refer to Re Fossil ( UK) Global Services Ltd [2025] EWHC 2741 ( Ch) (convening) (not reported by Lexis Nexis®). This Deal Debrief sits within our Restructuring plans toolkit. For an in‑depth look at data from 2024 RPs and insights from leading figures in restructuring, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024......
Practice Note: key derivatives cases and analysis This Practice Note outlines significant authorities and related commentary of interest to derivatives practitioners, grouped by subject area. Topics covered include: Derivatives cases relating to capacity to enter into transactions Derivatives cases relating to classification of swaps Derivatives cases relating to wagering or gaming Derivatives cases relating to constructing ISDA master agreements Derivatives cases relating to payments and close-out amounts Derivatives cases relating to disputes on jurisdiction Derivatives cases relating to the mis-selling of derivatives or LIBOR manipulation Derivatives cases relating to tax issues Derivatives cases relating to regulatory issues Derivatives cases relating to capacity to enter into transactions Uni Credit Sp A v EUR Sp A ( CL-2021–000263), Commercial Court, King’s Bench Division of the High Court of Justice of England and Wales. Uni Credit brought...
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...
Preference claim under section 239 of the Insolvency Act 1986 ( IA 1986) A preference claim under section 239 of the Insolvency Act 1986 ( IA 1986) exists to stop a creditor being elevated for historic debts ahead of others, thereby frustrating pari passu distribution to creditors on insolvency. For more detail on pari passu distribution, see Practice Note: The pari passu principle and collection remedies for the office-holder. For a transaction to amount to a preference under IA 1986, s 239, the following must be satisfied: the company is in liquidation or administration the transaction occurred at the relevant time, namely: within six months before the onset of insolvency, or if the respondent is connected with the company, within two years before the onset of...
Out-of-court appointments This Practice Note covers: the out-of-court process for appointing an administrator by either the company or its directors, and the documents needed to complete the appointment in practice The core provisions governing administrator appointments by a company or its directors via the out-of-court route appear in paragraphs 22–34 of Schedule B1 to the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, rr 3.23–3.26. In outline, the appointment unfolds in three stages, namely: Pre-appointment Notice of intention to appoint Notice of appointment For a step-by-step checklist, see: Appointment of an administrator using the out-of-court procedure by the director(s) or the company—checklist and timeline. For who may use this route and the circumstances in which it is available, see Practice Note: Out-of-court administrator appointments—who can appoint and in what circumstances? For guidance on electronic filing (e-filing) of...
This Practice Note examines section 235 of the Insolvency Act 1986 ( IA 1986), which establishes an informal route for office-holders to obtain information about the company, including its promotion, formation, business, dealings, affairs or property. For key authorities and related material, see Practice Note: Duty to co-operate with office-holder under section 235 of the Insolvency Act 1986—key cases. Where needed, having sought to obtain information under IA 1986, s 235, an office-holder may apply to the court for an order requiring the provision of information and/or documents under IA 1986, s 236. For further information, see Practice Notes: Basic principles—the delivery-up of information and property to the insolvency office-holder Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986 Scope of the duty Under IA 1986, s 235, the duty is to: provide the...
Obtaining information about the company’s affairs On appointment, a liquidator, provisional liquidator, administrative receiver or administrator (the office-holder) will typically possess no first-hand knowledge of the company’s affairs. To grasp the circumstances behind the company’s insolvency, identify and recover assets, rebuild business and accounting records where required, examine possible claims and bring the estate’s matters into order, the office-holder must secure information regarding: the promotion, formation, business, dealings and affairs of the company the company’s property, along with details enabling the office-holder to claim or safeguard that property Such information may exist in documents or reside in the knowledge of some or all of the company’s directors, employees and/or others. Although the office-holder will commonly try to obtain it informally, the law recognises that persons holding relevant records and information may fail to co-operate with the office-holder. Accordingly, the Insolvency Act 1986 ( IA 1986) places duties on...
The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, which took effect on 6 April 2017, introduced deemed consent and creditors’ decision procedures as the default means for insolvency practitioners ( IPs) to engage with creditors, in place of holding physical meetings. Creditors can still seek a physical meeting if they reject the deemed consent or decision procedure proposed by the IP. Such a request must be made by 10% in value of creditors, 10% in number of creditors, or any ten creditors. Accordingly, the rules on proxies remain relevant where a physical meeting is held. For further reading on the available decision-making routes, see Practice Note: The decision-making procedures and deemed consent. What is a proxy? A proxy is a document completed by a creditor, member or contributory that directs or authorises a proxy-holder to represent them at a meeting or...
Impact of appointment The consequences of appointing a receiver under the Law of Property Act 1925 ( LPA 1925), or following a fixed charge (described in this Practice Note as an LPA/fixed charge receiver), differ markedly from the appointment of an administrator, liquidator, or a trustee in bankruptcy. This should not be conflated with those appointments. Putting in place an LPA/fixed charge receiver is a mortgagee’s remedy. It is not an insolvency process and does not, of itself, indicate that the mortgagor is insolvent. It does not, as such, amount to insolvency. Subject to the lease terms, landlord/lessor remedies—such as forfeiture—available when a lessee enters an insolvency process may not be engaged merely because an LPA/fixed charge receiver is appointed. That said, the appointment does simply affect the property, though the consequences are less severe than where insolvency procedures are actually underway. The...
Part VII transfer schemes This Practice Note logs key hearing dates, either proposed or listed, in the High Court, Insolvency and Companies Court ( Chancery Division) daily cause list from 1 January 2026 onwards, prioritising the most recent first, for Part VII transfer schemes: transfer schemes under Part VII of the......
Practice Statement for schemes and RPs 2025 On 18 September 2025, Sir Julian Flaux, the Chancellor of the High Court, unveiled an updated Practice Statement— Companies: Schemes of Arrangement and Restructuring Plans under Parts 26 and 26A of the Companies Act 2006 ( CA 2006)—replacing the 26 June 2020 Practice Statement ( Companies: Schemes of Arrangement under Part 26 and Part 26A of the Companies Act) after a public consultation (see Article: The law of unintended consequences? A new Practice Statement for Schemes and Plans: (2025) 4 CRI 111). From 1 January 2026 (see: LNB News 19/09/2025 33), it sets the procedural framework for Part 26 schemes of arrangement (schemes; see Practice Note: Schemes of arrangement—process and statutory framework) and Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans—process) between a company and its creditors and/or members. The update follows a period of...
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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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