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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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FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note explains: How a Rent Act 1977 ( RA 1977) protected tenancy can be ended, including by serving a notice to quit The requirements under the Protection from Eviction Act 1977 The grounds for bringing a Rent Act 1977 statutory tenancy to an end With the Housing Act 1988 ( HA 1988) in force, RA 1977 tenancies were replaced by assured tenancies. For more information, see Practice Notes: Assured and assured shorthold tenancies—granting and Assured and assured shorthold tenancies—terminating. As a result, RA 1977 is generally only applicable to residential tenancies created before 15 January 1989. For more information on how to recognise a Rent Act tenancy, see Practice Note:...
This Practice Note reviews the present position on adjudication for debt in Scottish civil proceedings under the Bankruptcy and Diligence etc ( Scotland) Act 2007 ( BD( S) A 2007). For commentary on likely changes, see Adjudication for debt—anticipated future developments, below. For guidance on: other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a number of forms of diligence available in Scotland the equivalent in England and Wales, see Introduction to enforcement—overview which, as well as outlining the topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, alongside an overview, links to more detailed guidance on aspects of cross-border...
This Practice Note outlines how the common law doctrine of frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes: Frustration event analysis—a practical guide Frustration—key and illustrative decisions For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus ( COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below....
This Practice Note presents a jurisdiction-specific Q& A on banking regulation in Greece, released as part of the Lexology Getting the Deal Through series by Law Business Research (law stated at: 7 February 2023). Authors: Zepos & Yannopoulos— Elena Papachristou; Vivian Efthymiou 1. What are the principal governmental and regulatory policies that govern the banking sector? EU banking rules and principles have been transposed into Greece’s core banking framework, intended to: protect the stability of the financial system and, to that purpose, lay down rules on: authorisation; conduct of business; withdrawal of authorisation of banks; micro- and macroprudential supervision of banks; recovery and resolution of banks; and state aid of banks for...
Deal Debrief On 22 February 2023, at the sanction hearing, the court sanctioned seven Part 26A restructuring plans ( RPs) proposed by the Lifeways Group. Headline takeaways are set out below (capitalised terms not otherwise defined adopt the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For further detailed analysis of the 2023 RP filings, data, and insight from leading industry voices in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
This Practice Note addresses the position in Scotland. For guidance on: other forms of diligence within Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on the range of diligence available in Scotland the equivalent in England and Wales, see: Introduction to enforcement—overview, which provides an outline of the topic and links to fuller guidance on domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, resulting in the Bankruptcy and Diligence ( Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation— Methods of...
What options are available when deciding how to fund litigation? Litigation funding, in its broadest sense, means reviewing every way to finance the different costs of pursuing a claim through trial, enforcement and ultimate recovery as appropriate. These routes may include one or more of the following practical mechanisms: the litigating IP pays some or all costs on a standard private client basis, i.e. meeting costs from money available in the insolvent estate (if any) as they fall due and are incurred solicitors are instructed under a conditional fee agreement ( CFA) or damages-based agreement ( DBA), or via a split approach where part of their fees accrue on that basis and part are paid as they arise by agreement counsel is engaged on a CFA or DBA, or on a mixed model with some of their fees accruing on that basis and some paid as they are...
This Practice Note compiles Restructuring and Insolvency materials that examine issues arising under EU law. For broader guidance on EU law, refer to EU structure, the EU legislative process, the EU judicial system, and EU rights and policies, all found under the EU Law topic within the Public Law practice area. Recast Regulation on Insolvency ( Member State to Member State) Recast Insolvency Regulation between Member States—main, secondary, and territorial proceedings Recast Insolvency Regulation ( Member State to Member State)—determining the centre of main interests ( COMI)......
FORTHCOMING CHANGE : The Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first overhaul of Scots trusts law in more than a century since the key statute, the Trusts ( Scotland) Act 1921, was enacted. Provisions on trusts will only commence following secondary legislation by Scottish Ministers, while the succession measures took effect on 30 April 2024. A summary of the principal modernising reforms appears in News Analysis: Trusts and Succession ( Scotland) Bill passed. Express creation of trusts An express trust arises where the owner of assets (the truster) conveys property to trustees to hold for specified purposes for the benefit of the beneficiaries. The trust’s constitution is finalised by delivery of the trust property or the trust deed to the trustee. Trust deed ‘ Trust deed’ is defined in the Trusts ( Scotland) Act 1921 ( T( S) A 1921) as...
Schemes of arrangement—definition and basis in statute A scheme of arrangement is a court-approved compromise between a company and its creditors or members. It can encompass matters that those parties could not otherwise settle by agreement alone, enabling a binding outcome without needing 100% backing from every interested party. Schemes are governed by sections 895–901 of the Companies Act 2006 ( CA 2006), with near-identical provisions having existed in company law for well over a century. Although CA 2006 does not set out a prescriptive, step-by-step mechanism, it outlines the process indirectly by stipulating the criteria the court must consider before sanctioning a scheme ( Re Rodenstock). Electronic filing is mandatory across all jurisdictions housed within the Rolls Building, including the Insolvency and Companies List (formerly the Bankruptcy and Companies Courts of the Chancery Division). Accordingly, all issuings and filings must be completed online via the CE- File...
The purpose of a bankruptcy order is two-fold: first, it secures the bankrupt’s estate for the benefit of the creditors so it can be realised and shared among them by way of a dividend secondly, it facilitates the bankrupt’s rehabilitation by releasing them from their debts (with certain exceptions), which then fall solely upon the bankruptcy estate To supervise this policy effectively—and to ensure fairness to creditors—the trustee in bankruptcy (trustee) is granted wide investigative powers and, where needed, may set aside antecedent transactions that have prejudiced creditors. This Practice Note outlines what follows once a bankruptcy order is made, its principal effects, the duration of bankruptcy, the bankrupt’s discharge from bankruptcy, and the circumstances that might justify further sanctions against the bankrupt. This Practice Note does not cover the trustee’s powers and duties, or how the trustee will administer the bankruptcy estate......
This Practice Note examines the scrutiny of official copy entries (often called an OCE) relating to the title of a property recorded at HM Land Registry in an enforcement context. It identifies the key items that ought to form part of a security review and the guidance to receivers upon appointment. The Practice Note also highlights, by way of examples, some opportunities that may exist for securing additional benefit; these are not intended to be exhaustive. Matters more appropriate to a real estate report on title are outside the scope of this Practice Note. For information on obtaining OCEs from HM Land Registry, see Practice Note: How to obtain official copies of the register from HM Land Registry. The land register and title plan Where a mortgagee is contemplating appointing, or has already appointed, a receiver over a property, you should obtain from HM Land...
Process and effect Liquidation, or winding up, is the method by which a company’s affairs are concluded and the company’s existence is brought to a close. When a company enters liquidation: its trade stops, although it may need to be continued for a short period during the winding up (for example, to enforce any valuable agreements) its assets are realised, meaning converted into a liquid form the resulting proceeds are paid out to those entitled A liquidator must perform this role in accordance with the duties imposed and powers given to them under the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016, SI 2016/1024. For more details, see Practice Note: Role, powers, functions and duties of a liquidator......
What is an interim receiver? If it is shown that the debtor’s assets need protecting, the court may, at any point after a creditors’ bankruptcy petition has been presented and before a bankruptcy order is made, appoint an interim receiver of the debtor’s property under section 286 of the Insolvency Act 1986 ( IA 1986). For these purposes, the property in question comprises all assets belonging to the debtor, whether or not they would ultimately fall within the bankruptcy estate. The appointment of an interim receiver is therefore an urgent safeguard within personal insolvency to avert depletion of the estate, comparable to the appointment of a provisional liquidator in corporate insolvency. In some situations, circumstances call for active, interventionist measures to secure the debtor’s property before a bankruptcy order is made. For additional reading on provisional liquidation, see Practice Note: What are...
This Practice Note outlines the procedure for annulling a bankruptcy order under one of the two bases in section 282(1) of the Insolvency Act 1986 ( IA 1986). It does not address annulment where an undischarged bankrupt has entered into an individual voluntary arrangement ( IVA). For more detail on what annulment involves, the possible grounds, and the court’s discretion to annul, see Practice Note: Annulment of bankruptcy orders. See also the following checklists for applications relying on the alternative grounds: Summary checklist and timeline for annulment applications where bankruptcy order ought not to have been made Summary checklist and timeline for annulment applications where payment in full The application The application is made under IA 1986, s 282, which sets out two separate routes for annulling a bankruptcy. The application notice must include the information required by rule 1.35 of the...
Power to vary a CVA Most company voluntary arrangements include a power to vary, allowing changes if circumstances alter or minor amendments are needed, so the arrangement need not be brought to an early end. This offers a less severe route for creditors, as the CVA may itself state that early termination will oblige the supervisor to petition for administration or a winding-up order. Following the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, a CVA proposal can be amended with the nominee’s agreement in writing, provided that: the nominee is not acting as the company’s liquidator or administrator; and the nominee’s report has not been filed at court under section 2(2) of the Insolvency Act 1986 ( IA 1986). Beyond this, there is little statutory direction on varying a CVA once creditors have approved it. A...
Different definitions of COMI The expression 'centre of main interests' ( COMI) is common in cross-border restructuring and, across the regimes below, (i) is defined in slightly different ways and (ii) results in different consequences: Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency ( EU Recast Regulation on Insolvency) operating between Member States (see Practice Note: Recast Regulation on Insolvency as between Member States-main, secondary and territorial proceedings) (and as it used to apply to the UK pre- Brexit), where COMI determines which courts may commence 'main proceedings'. The Assimilated Regulation ( EU) 2015/848 ( Assimilated Recast Regulation on Insolvency) (previously called the Retained Recast Regulation on Insolvency) as it applies to the UK post- Brexit, where COMI identifies which courts can commence ' COMI proceedings' (see further discussion of effects below). The UNCITRAL Model Law on...
This Practice Note outlines the principal restructuring and insolvency industry, government and regulatory organisations across the UK, Europe and the wider world. UK bodies Insolvency Service The Insolvency Service is a government agency that seeks to foster economic confidence by assisting people facing financial difficulty, tackling financial misconduct and maximising recoveries for creditors. It operates as an executive agency within the Department for Business and Trade ( DBT), previously known as the Department for Business, Energy and Industrial Strategy. The Service supervises the recognised professional bodies ( RPBs) to ensure the individuals they authorise are suitable to act as insolvency practitioners. There are three RPBs: the Institute of Chartered Accountants of England and Wales ( ICAEW), the Institute of Chartered Accountants of Scotland and the Insolvency Practitioners Association ( IPA). With effect from 1 June 2025, at its request, recognition of the Institute of...
Status of the UK This document has been archived and is no longer updated. From exit day (31 January 2020) the UK ceased to be an EU Member State. Nonetheless, under the Withdrawal Agreement, the UK moved into an implementation period during which EU law continued to apply. During that time, EU law continued to bind the UK. In many Brexit SIs, references to exit day should be construed as referring to IP completion day ( Implementation Period completion day, as defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For more information, see News Analysis: 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. This Practice Note examines the implications of Brexit for...
January 2022 Date Event 4 January 2022 The National Security and Investment Act 2021 comes fully into effect, together with its accompanying regulations: National Security and Investment Act 2021 ( Monetary Penalties) ( Turnover of a Business) Regulations 2021, SI 2021/1262; National Security and Investment Act 2021 ( Procedure for Service) Regulations 2021, SI 2021/1267; and National Security and Investment Act 2021 ( Notifiable Acquisition) ( Specification of Qualifying Entities) Regulations 2021, SI 2021/1264. See the Government press release and the Practice Note: FAQs for insolvency professionals on the National Security and Investment Act 2021. 12 January 2022 The Prudential Regulation Authority ( PRA) issues policy statement PS1/22, responding to consultation paper CP16/21 and setting out the updated statement of policy on the PRA’s approach to insurance business...
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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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