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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 refers to: the Companies Act 2006 ( CA 2006) the Insolvency Act 1986 ( IA 1986) What is a restructuring plan? A restructuring plan ( RP) is a court-approved settlement between a company and its creditors and/or members. It was created as a fresh rescue mechanism by the Corporate Insolvency and Governance Act 2020 ( CIGA 2020). Under CIGA 2020, s 7 and Sch 9, CA 2006, Pt 26A— Arrangements and Reconstructions for Companies in Financial Difficulty—was introduced. RPs have much in common with schemes of arrangement under CA 2006, Pt 26. A key differentiator, however, is the cross class cram down ( CCCD), allowing a class of creditors or members to be bound by the plan even without a favourable vote from that class, where specified tests are met. For insights into metrics from RPs reviewed by the courts in 2024,...
Our annual round-up reflects on the key developments of 2017 and signals what to expect in 2018. Highlights include the commencement of The Insolvency ( England and Wales) Rules 2016 and the Recast Regulation on Insolvency, anticipation of the replacement Practice Direction on Insolvency Proceedings, and the General Data Protection Regulation with its effect on the insolvency profession. We also provide updates on Lexis Nexis® content, sharing notable advances from the past year and what is planned over the next twelve months. Reviewing 2017 The Insolvency ( England and Wales) Rules 2016 What happened? From 6 April 2017, the Insolvency ( England and Wales) Rules 2016, SI 2016/1024 ( IR 2016) took effect, repealing the Insolvency Rules 1986, SI 1986/1925 ( IR 1986) and delivering the most significant overhaul of insolvency law in thirty years. What are the key...
This Practice Note sets out the various options available to a landlord in recovering rent arrears and the factors to be considered before any action is taken. It addresses the Pre- Action Protocol for Debt Claims; court-based recovery of debt; drawing on a rent deposit; issuing statutory demands ahead of bankruptcy or winding-up; pursuing former tenants, sub-tenants or guarantors; service of section 17 notices under the Landlord and Tenant ( Covenants) Act 1995; Commercial Rent Arrears Recovery ( CRAR); and the effect of insolvency on rent recovery. Before moving to recover arrears, landlords should weigh up: whether to forfeit the lease for non-payment whether the tenant is subject to any insolvency process and, if so, how that constrains the recovery options available whether any limitation period issues arise No claim can be brought to recover rent arrears once six years have passed from the date the...
STOP PRESS ECCTA 2023 introduces identity verification for anyone submitting filings at Companies House. This is expected to become mandatory from November 2026. See: Registering Security at Companies House—changes under ECCTA 2023 for further details and timing. STOP PRESS On 16 March 2026, Companies House announced that on Friday 13 March it had been alerted to a security issue. A logged-in Web Filing user could, after following a specific sequence of actions, potentially view and amend certain elements of another company’s information without consent. Companies House has said that existing filed documents—such as accounts or confirmation statements—could not have been changed. There is, however, a risk that some personal data may have been accessed and that unauthorised submissions may have been made. Although information is currently limited, this could include, for example, a satisfaction of charge filing. Companies House has advised companies to review their...
There are three recognised professional bodies ( RPBs): the Institute of Chartered Accountants in England and Wales ( ICAEW), the Insolvency Practitioners’ Association ( IPA) and the Institute of Chartered Accountants of Scotland. With effect from 1 June 2025, following its own request, the Institute of Chartered Accountants in Ireland had its recognition as an RPB revoked. While these RPBs act as licensing authorities that oversee, discipline and regulate their members, the Insolvency Service supervises the regulators to ensure that rigorous professional standards are upheld. This Practice Note examines the application process for RPB recognition, their regulatory aims, the framework for oversight, the withdrawal of recognition and the future of insolvency regulation. Recognition The Secretary of State may, by order, designate a body as an RPB able to provide its insolvency specialist members (being members who are permitted by or under the rules of the body to act as...
Introduction to the legislation The Economic Crime ( Transparency and Enforcement) Act 2022 ( EC( TE) A 2022) gained Royal Assent on 15 March 2022. Its aims are: to stop the UK property market being used to shelter, hide or launder criminal proceeds and wealth; to secure greater openness about the ultimate owners of assets and property held in the UK; and to make it simpler for enforcement bodies to deprive owners of assets acquired unlawfully. It sat alongside proposals to reform and better resource Companies House to enhance transparency of UK corporate entities, which culminated in the Economic Crime and Corporate Transparency Act 2023 (see Practice Notes: The Economic Crime and Corporate Transparency Act 2023—tracker and The Economic Crime and Corporate Transparency Act 2023—what Banking & Finance lawyers need to know). Sections 1–44 ( Part 1) of EC( TE) A 2022 created the...
ARCHIVED : This archived Practice Note summarises a number of key and/or illustrative cases relevant to reflective loss. It is not maintained and is for background information only. For guidance on the background to and principle underpinning this rule, as well as details of the key practical issues that it is sensible to have in mind should you have a case in which the rule might be relevant, see Practice Note: Reflective loss. Case details and analysis Court of Appeal Burnford v Automobile Association Developments Ltd [2022] EWCA Civ 1943 News Analysis: Right to strike out a claim because reflective loss is not recoverable ( Burnford v Automobile Association Developments Ltd) 14 November 2022 This appeal considered whether the judge had correctly decided—by the judgment of 28 February 2022, referenced below—to strike out a claim by former...
Rationale for adopting UNCITRAL model laws The government is eager for England to be among the first jurisdictions to explore implementation, as this would demonstrate its continuing commitment to mutual co‑operation and international best practice. Global co‑operation enables international businesses to choose to restructure here, confident this will deliver the best outcome for creditors, shareholders and management, and that results will be recognised both in their local courts and around the world. Following Brexit, the Insolvency Service wants England to remain well placed to continue to lead in this area... The Insolvency Service highlights these advantages in adopting UN Commission on International Trade Law ( UNCITRAL) Model laws: co‑operation between nations on insolvency matters is typically mutually beneficial preventing unnecessary insolvency proceedings and the piecemeal break‑up of viable businesses preserves value throughout the process, increases returns to creditors and protects...
Administrative receivership The position of employees following the appointment of an administrative receiver As a general position, employees are not immediately affected by the appointment of an administrative receiver, and there is no automatic cessation of their contracts. For further guidance, see Practice Note: How a company's insolvency affects its employees. That principle is, however, displaced in three specific situations, each of which results in automatic termination: where the appointment occurs alongside an immediate sale of the business; where, at the time of appointment or shortly afterwards, the administrative receiver and the employees agree a new contract that is inconsistent with the previous terms; where continuing the employment of a particular individual would conflict with the administrative receiver’s role and functions (for example, if the appointment renders the managing director’s position...
This Practice Note makes reference to: the Insolvency Act 1986 as IA 1986 the Law of Property Act 1925 as LPA 1925 the Senior Courts Act 1981 as SCA 1981 the County Courts Act 1984 as CCA 1984 the Enterprise Act 2002 as En A 2002 the Proceeds of Crime Act 2002 as POCA 2002 Scope Receivership is notably intricate because numerous variants exist. This overview distils the principal forms of receivership and considers their effect on litigation from a dispute resolution standpoint. It outlines the key categories of receivership and their implications for legal actions, reflecting the dispute resolution angle and reinforcing how appointments can significantly affect ongoing or contemplated proceedings. What is receivership? Appointing a receiver is a remedy enabling creditors and specified third parties to safeguard their interest in a company’s assets. Several categories arise depending on...
Receivers—background In English law, receivers have long functioned as a remedy for creditors and others seeking to safeguard their interests in assets, with origins reaching back to the fifteenth century. In a report from 1868, Vice‑ Chancellor Griffiths observed that appointing a receiver ranked among the oldest remedies known in this country... Law of Property Act 1925 ( LPA Receivers) The Law of Property Act 1925 ( LPA 1925) confers on a mortgagee the power to appoint a receiver when the mortgage monies fall due. A receiver is an individual appointed by a mortgagee, or by the court, whose function is to gather income from, and protect, the property over which they are appointed. In practice, a mortgagee may turn to a receiver to deal with the asset more efficiently than the mortgagee would itself, particularly where specialised expertise is required. Typical...
Speciality Steel UK Ltd submitted an application for a Part 26A restructuring plan ( RP) at convening hearings held in December 2024 and again in March 2025. The RP, however, did not proceed to the sanction hearing and was instead the subject of a compulsory winding-up order on 29 August 2025, with the Official Receiver appointed as liquidator and Teneo as Special Managers. The principal points are outlined below (unless stated otherwise, capitalised terms carry the definitions used in the convening judgments). This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of headline metrics from the RPs lodged in 2023, together with commentary from leading figures in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]... Name of plan...
Prezzo Investco Limited sought court approval for a Part 26A restructuring plan ( RP), with the convening hearing in May 2023 and the sanction hearing in June 2023. The highlights are outlined below (capitalised terms not otherwise defined have the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For a fuller review of key metrics from RPs submitted in 2023, together with commentary from leading figures in the restructuring field, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]... Name of plan company Prezzo Investco Limited (the Company) Industry sector Restaurants Place of debtor’s incorporation and jurisdictional factors England & Wales On 2 May 2023, the Company executed a deed poll and thereby assumed all obligations of Prezzo Trading Limited......
Deal Debrief Outside Clinic Ltd submitted an application for a Part 26A restructuring plan ( RP), with the convening hearing held in February 2025 and the sanction hearing in March 2025. Headline points follow (capitalised terms not defined here take the meanings set out in the sanction judgment). This Deal Debrief sits within our Restructuring plans toolkit. For in-depth analysis of key metrics from RPs filed in 2023, and commentary from leading lights across the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023......
Deal Debrief Nasmyth Group Ltd sought a Part 26A restructuring plan ( RP), with a convening hearing in February 2023 and a sanction hearing on 24–26 April 2023. The court refused sanction. The terms are set out ( Capitalised expressions not defined here take meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For a review of key metrics from RPs filed in 2023 and commentary from leading lights in the restructuring world, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
At the February 2025 convening hearing and the March 2025 sanction hearing, Enzen Global Ltd and its subsidiary, Enzen Ltd, put forward two inter-conditional Part 26A restructuring plans ( RPs). The principal points are set out below ( Capitalised terms not defined here bear the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of key metrics from RPs filed in 2023, together with commentary from leading figures in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan companies Enzen Global Ltd (the Parent) and its subsidiary, Enzen Ltd (the Company), collectively referred to as the Plan Companies......
Who are R3? R3 is the trade association for the UK’s insolvency, restructuring, advisory and turnaround community. It represents insolvency practitioners, lawyers, turnaround and restructuring specialists, students, and others across the profession. This profession is crucial to the UK economy: it rescues companies and jobs, rebuilds confidence to trade and lend by returning funds fairly to creditors after insolvency, investigates and disrupts fraud, and supports indebted individuals to regain stability. Creditor guides R3 has developed a series of guides for unsecured creditors that set out creditors’ rights during an insolvency process. These are available below. To understand the role of a committee formed mainly of creditors during insolvency proceedings, see Creditors’ Committees: A Guide for Creditors ( E& W) ( March 2023). Insolvency process Administration In what situations might a company enter administration? How can a company be put into...
Quistclose trusts operate as a proprietary remedy. This Practice Note examines when a court will recognise a Quistclose trust over money or property misappropriated by, or found in the hands of, the defendant. For general guidance on proprietary remedies, see Practice Note: Proprietary remedies—what, when and why. What is a Quistclose trust? The term ‘ Quistclose’ comes from Barclays Bank Ltd v Quistclose Investments Ltd. A Quistclose trust may arise where money or other property is transferred to another for a specified purpose. The critical element is that the transfer is for that purpose; if that particular objective fails to materialise, the property is treated as held on a resulting ( Quistclose) trust. In Quistclose itself, the respondent advanced funds to a company to finance a dividend, and a separate bank account was opened to receive the loan. The company then went into...
ARCHIVED: This Practice Note is archived and no longer maintained. It outlines the potential options and remedies available to a landlord when dealing with a tenant in default, how these were affected or curtailed during the coronavirus ( COVID-19) pandemic, and the period for which those limitations applied. For more on rent recovery, see Practice Note: Rent arrears recovery under the Commercial Rent ( Coronavirus) Act 2022 [ Archived]. Normal remedies Coronavirus ( COVID-19) remedies How long is the coronavirus ( COVID-19) remedy in force? Possession notices ( residential tenancies ) The two principal routes for ending assured shorthold tenancies ( ASTs) under the Housing Act 1988 ( HA 1988) are: section 8—requiring between two weeks’ and two months’ notice, depending on the possession ground relied upon (note that assured tenancies ( AT) must be brought to an end via section 8); or...
This Practice Note considers the ability of persons to act as insolvency practitioners ( IPs) in relation to a company, individual or insolvent partnership and court sanction of IPs in public interest cases. It excludes all actions carried out by the official receiver, who is not required to hold IP qualification under the regime. Restrictions on unqualified persons acting A person is taken to act as an IP for a company (meaning a company registered under the Companies Act 2006, or an unregistered company capable of winding up under Part V of the Insolvency Act 1986 ( IA 1986)) when acting in any of the following capacities: as its liquidator, provisional liquidator, administrator, administrative receiver or monitor; or as nominee or supervisor where a company voluntary arrangement is proposed or approved A person acts as an IP in relation to an individual by acting in any of the...
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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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