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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:
Most recent Practice notes
Deal Debrief In August 2023, Cimolai Sp A and Luigi Cimolai Holdings Sp A sought approval of a Part 26A restructuring plan ( RP) at a sanction hearing. The principal features are set out below for ease of reference and convenience (capitalised expressions not otherwise defined take the meanings in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For comprehensive in-depth metrics on 2023 RPs and perspectives from prominent figures in restructuring, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
This Practice Note charts the financial services carve-outs from the moratorium provisions and the restrictions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 ( CIGA 2020) into the Insolvency Act 1986 ( IA 1986). For general information on CIGA 2020 and links to further materials, see News Analysis: Corporate Insolvency and Governance Act 2020. Moratorium CIGA 2020 inserts a new Part A1 into IA 1986, establishing a fresh insolvency process under which directors of insolvent companies, or companies likely to become insolvent, may obtain a 20 business day moratorium period. The purpose is in particular to give viable businesses time and breathing space in order to restructure or to seek new investment free from creditor action. An insolvency practitioner serves as the ‘monitor’, overseeing the moratorium, while directors remain in control of the company’s day-to-day running of the business on a...
ARCHIVED: This Practice Note has been archived and is not maintained The coronavirus ( COVID-19) outbreak, together with UK government lockdowns and social distancing requirements, had a deep impact on businesses and the wider economy. On 20 March 2020, the government directed the closure of venues including restaurants, pubs and leisure centres; then, on 23 March 2020, a nationwide lockdown commenced, effectively putting large areas of the private sector into hibernation. Enforced closures endangered the financial stability of many previously healthy companies and, for those already in difficulty, became the decisive breaking point. To soften the economic fallout of coronavirus and keep the economy functioning, the government introduced a suite of measures, ranging from financial support programmes to legislative changes. For more on available financial assistance, refer to Practice Note: Coronavirus ( COVID-19)—summary of government financial support to...
A CRO is brought into a debtor business to steer financial or operational restructuring, often where financial distress is present or (anticipated). This Practice Note examines the function of a chief restructuring officer ( CRO) inside a distressed company, covering why they are engaged, what they are engaged to do, the expertise and qualifications they bring, and the boundaries of their responsibilities and liabilities. Appointment At the outset of distress, the lending group or creditors’ committee may require that an independent chief restructuring officer ( CRO) be appointed within the debtor company as a condition to ongoing restructuring talks or support. Appointing a CRO reassures them that information will be accessible and accurate, that changes will be implemented, shows the company is treating issue seriously, and should ease later discussions......
Chaptre Finance plc sought approval for a second Part 26A restructuring plan ( RP), with the convening hearing in October 2024 and the sanction hearing in November 2024. Headline matters are set out below (capitalised terms not defined here carry the meanings in the convening and sanction judgments). The Company previously promoted and secured a first RP in 2023 (see Practice Note: Part 26A restructuring plan deal debrief— Chaptre Finance plc (first plan)). This Deal Debrief sits within our Restructuring plans collection. For granular metrics on 2023 RPs and commentary from leading practitioners in restructuring, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Chaptre Finance plc (the Company) Industry sector Energy (the Company was established to fund the construction of a biomass power station in Teesside, intended to generate electricity by burning wood pellets and...
Chaptre Finance plc made its initial bid for a Part 26A restructuring plan ( RP) with a convening hearing in June 2023, followed by a sanction hearing in July 2023. Key takeaways are outlined below (capitalised terms not otherwise defined take the meanings given in the convening and sanction judgments). The Company brought a second RP in October 2024 (see Practice Note: Tracker of Part 26 scheme/ Part 26A restructuring plan hearing dates 2024 [ Archived]). This Deal Debrief forms part of our Restructuring plans collection. For an in-depth look at headline metrics from the 2023 RPs and commentary from prominent figures in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Chaptre Finance plc (the Company) Industry sector Energy (the Company was incorporated to finance the build of a biomass power plant in...
At a convening hearing in October 2021, and later at a sanction hearing in September 2022, CFG Investments SAC sought approval for a Part 26A restructuring plan ( RP). The principal points are outlined below (capitalised terms not defined here carry the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For in-depth analysis of key metrics from 2023 RPs and commentary from leading figures in the restructuring sphere, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company CFG Investments SAC (the Company) Industry sector Fishing Place of debtor’s incorporation and jurisdictional factors Peru Governing law changed from NY law to English law under the Chapter 11 proceedings for the Singaporean parent company......
This Practice Note provides guidance on CE- File electronic filing (also known as e-working/e-filing) in the courts under CPR PD 5C from 1 October 2025. It offers direction on using CE- File and highlights the key materials that explain how the system operates. This Practice Note should be read together with the following: When and where is CE- File applicable?—from 1 October 2025—for details of which courts adopt CE- File electronic working and the proceedings to which it applies Electronic communication and filing of documents by email— CPR PD 5B—for guidance on electronic filing under CPR PD 5B For overarching guidance on lodging documents in civil cases, see Practice Note: Filing documents at court in civil proceedings. Note: To further the principle of open justice in the civil courts, the ‘access to public domain documents’ pilot under CPR PD 51ZH will run in...
Pre-action investigation and protocol Who brings proceedings under section 6 of the Company Directors Disqualification Act 1986? All proceedings under section 6 of the Company Directors Disqualification Act 1986 ( CDDA 1986) are instituted by the Secretary of State for Business and Trade ( So S), within the Department for Business and Trade. As a matter of practice, the Insolvency Service performs the So S’s functions and duties. Proceedings are commenced either in the So S’s own name or, in compulsory winding up cases, by the official receiver ( OR) acting under the So S’s direction. Each undertakes the same responsibilities, exercising identical functions for these purposes, and, for convenience, any reference to the So S in this Practice Note should be read as including the OR. Also note that directors of dissolved companies that have not been through an insolvency process may likewise be...
Objectives The preamble to the UNCITRAL Model Law on cross-border insolvency (the UNCITRAL Model law on insolvency) sets out the following aims: collaboration between courts and other competent authorities in this state and in foreign jurisdictions handling cross-border insolvency matters increased legal certainty for commerce and investment a fair and efficient conduct of cross-border insolvency proceedings that safeguards the interests of all creditors and other stakeholders, including the debtor protection and maximisation of the value of the debtor’s assets, and support for rescuing financially distressed businesses, thereby safeguarding investment and preserving employment It is designed to accommodate differences among countries and does not attempt to harmonise laws, so it concentrates on procedure rather than substance. It soon became clear that trying to harmonise the varied insolvency laws worldwide would be unrealistic, so substantive rules are left to the enacting state’s...
Property often constitutes part of the assets of an insolvent company to be realised by an administrator, and it is frequently crucial to a would-be purchaser wishing to keep the business operating after completion. That said, a purchaser must appreciate that acquiring a property from an insolvent company involves several notable differences, and a distinct strategy is required from that used where the company is solvent. This Practice Note identifies the principal divergences between purchasing property from a solvent company and one in administration, predominantly in the leasehold arena, though many of the observations will likewise be relevant to freehold transactions. Difference in approach compared to a solvent seller of property Buying from an insolvent vendor necessitates a different approach than a transaction with a solvent seller, reflecting the particular context of administration and the nature of the assets being disposed of. Due diligence and...
E& W Brussels I (recast)—application and exclusions This Practice Note reviews Regulation ( EU) 1215/2012, Brussels I (recast), explaining the matters to which it applies and identifying those expressly excluded from its scope. It also sets out the transitional arrangements, international requirements, and clarifies what is meant by civil and commercial matters. Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK assumed the status of a third state for the purposes of Regulation ( EU) 1215/2012, Brussels I (recast). Under the transitional provisions in the Withdrawal Agreement between the UK and the EU, the UK continued to be subject to Regulation ( EU) 1215/2012, Brussels I (recast) throughout the implementation period, which commenced on exit day and concluded on IP completion day (ie 31 December 2020, at 11 pm). The position after IP completion day requires...
ARCHIVED This Practice Note outlines the application of Brussels I. It details transitional arrangements, international requirements, and the scope of civil and commercial matters. It also describes what the Regulation excludes and how to approach state immunity. Note: from 10 January 2015, Regulation ( EC) 44/2001 ( Brussels I) was repealed in its entirety and replaced by Brussels I (recast). Transitional provisions nevertheless apply. For guidance on those measures, and to determine whether Brussels I provisions still govern the matter you are handling, see Practice Note: E& W Brussels I (recast)—application and exclusions. In this Practice Note, Council Regulation ( EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters is termed Brussels I. It is also called the Judgments Regulation. Transitional arrangements For enforcement matters, Article 66 of Regulation ( EC) 44/2001, Brussels I, concerning...
Status of the UK ARCHIVED: This Practice Note is archived and is no longer updated or maintained. From exit day (31 January 2020), the UK ceased to be a member of the EU. Nonetheless, under the Withdrawal Agreement, the UK moved into an implementation period, during which EU law continued to apply; during that time, it remained bound by EU law. Where Brexit SIs refer to exit day, they should generally be construed as referring to IP completion day (the end of the implementation period, defined in clause 39 as 31 December 2020 at 11.00 pm), unless the relevant SI expressly disapplies that reading. For more information, consult News Analyses: Brexit—impact of the Withdrawal Agreement and European Union ( Withdrawal Agreement) Act 2020 for R& I lawyers, and the Brexit Bulletin—key updates, research tips and resources......
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit affects the service of court papers within the EU when the UK leaves the EU. It reviews the present framework under Regulation ( EC) 1393/2007 (the Service Regulation), outlines the UK and EU stances respectively, and sketches probable scenarios on the basis of information available. It also looks at challenges that could surface on exit and the alternative regimes that might support service of judicial and extra-judicial documents within the EU when seeking to serve parties there. For insight into routes to a deal or no deal outcome, see the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal ( June to September 2018), paragraph [35], which includes a helpful...
What does IP completion day mean for R& I? [ Archived] This Practice Note is archived and is no longer maintained. During the implementation/transitional phase, the principal EU provisions effectively continued for R& I lawyers (see Practice Note: Brexit—impact of the implementation period for R& I lawyers). From IP completion day, however, the position changes markedly as described below. How does Brexit impact R& I? From IP completion day, with no agreement on insolvency matters (despite the trade deal), the key consequence for R& I practitioners is the removal of the principal operative elements of Regulation ( EU) 2015/848 ( OJ L141/19), the Recast Regulation on Insolvency, concerning automatic recognition (see Practice Note: Brexit—impact on Recast Regulation on Insolvency and News Analysis Brexit—a deal that leaves recognition of UK insolvency procedures uncertain and Impact of the EU- UK Trade and Cooperation Agreement on cross border...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note sets out guidance on the implementation period and its impact on EU law and UK legislation drawn from EU measures. It covers: Retained EU law—what it comprises and when it operates. The significance of Court of Justice rulings for UK courts throughout the implementation period. For context on the European institutions cited, see Practice Note: Structure and functions of EU institutions and bodies. For advice on the consequences of the implementation period’s conclusion, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners. Brexit timeline For the latest on the Brexit process and related preparations, see Practice Note: Brexit timeline. Withdrawal Agreement 2020—implementation period The 2020 Withdrawal Agreement between the UK and the EU is dated 24 January 2020 and is available here......
Status of the UK This document has been archived and is not currently being updated. From exit day (31 January 2020), the UK ceased to be a Member State of the EU. Nonetheless, under the Withdrawal Agreement, the UK entered an implementation period and accordingly remained bound by EU law throughout it. In numerous Brexit SIs, mentions of exit day should ordinarily be interpreted as IP completion day (the Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm), unless that rule is expressly disapplied by the SI concerned. For more information, consult News Analyses: Brexit—impact of the Withdrawal Agreement and European Union ( Withdrawal Agreement) Act 2020 for R& I lawyers, and Brexit Bulletin—key updates, research tips and resources......
The Debt Respite Scheme ( Breathing Space Moratorium and Mental Health Crisis Moratorium) ( England and Wales) Regulations 2020, SI 2020/1311 (the Regulations) took effect on 4 May 2021. Under these Regulations, a person who satisfies the relevant eligibility tests may, through a debt advice provider, seek either a breathing space moratorium or, if receiving mental health crisis treatment, a mental health crisis moratorium. In both situations, a moratorium limits creditor enforcement and pauses interest, fees and charges on any qualifying debt covered by it. A moratorium is not an end in itself; rather, it grants someone with problem debt the time to obtain professional debt advice and develop a longer-term strategy to resolve their financial difficulties. The route to obtaining either a breathing space moratorium or a mental health crisis moratorium is broadly the same. This Practice Note...
Bankrupt's conduct In determining whether to impose a bankruptcy restrictions order ( BRO), the court examines the bankrupt’s behaviour. This typically covers actions that resulted in their inability to meet debts, though the court may take into account any behaviour, occurring before or after the bankruptcy. For guidance on who may bring the application, and the timing and procedure, see Practice Note: Bankruptcy restrictions orders ( BROs). Under the Insolvency Act 1986 ( IA 1986), a range of behaviours by the bankrupt is set out that the court may weigh when deciding whether a BRO is justified......
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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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