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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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Shari’ah compliant, or Islamic, finance is a method of funding grounded in the principles and prohibitions of Shari’ah ( Islamic law). These rules stem from a range of sources, with further detail provided in Practice Note: Sources of Shari'ah. That Practice Note sets out the fundamental principles and prohibitions that underpin the structuring of Islamic finance transactions, and explains how arrangements are shaped to reflect them. In practice, the question of whether a given Islamic finance transaction satisfies these standards—and so can be treated as Shari’ah compliant—rests with the Shari’ah board of the institution offering or arranging the finance and, less commonly, with the Shari’ah board of a corporate making use of the facility. As a general rule, the default assumption is that a transaction presented as Shari’ah compliant or Islamic will be acceptable unless it breaches core principles or passes...
Introduction Shari’ah—also rendered as Sharia, Shariah, or Shari’a—literally means, in Arabic, ‘the path towards the watering place’. As Islamic law, it is the religious legal framework of Islam, laying down duties and a code of conduct for people to observe so that they can lead their lives in a rewarding and worthwhile way. According to Potter LJ, much of the classical Islamic law governing financial dealings is not set out as formal ‘rules’ or ‘law’ in the Qur'an and Sunnah; instead, it rests on the often differing opinions of established schools of law that took shape roughly between 700 and 850 CE......
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT are set to give way to a unified, self-assessed levy on securities—the securities transfer charge ( STC)—to be paid and reported through a new digital portal. In broad terms, the STC’s design will align with the proposals for that tax set out in the 2023 consultation. Finance Bill 2026 ( FB 2026) creates a power, commencing on Royal Assent, for secondary legislation that will enable taxpayers to pilot the digital service by self-assessing their stamp taxes on securities obligations and submitting transactions electronically via the service. This will allow reporting and payment to be handled online as part of the modernisation of stamp taxes on shares. For detailed coverage of the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025— Tax analysis— Stamp and...
FORTHCOMING CHANGE: Following the Autumn Budget 2024, the government instructed an independent examination of the loan charge, commissioning a review. Announced on 23 January 2025, its remit was to identify the barriers preventing people within the scope of the loan charge who have not already settled and paid their tax liabilities in full from reaching a final resolution with HMRC, and to outline recommendations on how they might be encouraged to settle with HMRC (see News Analysis: Autumn Budget 2024— Independent review of the loan charge). To support the review process, a call for evidence, targeted at those still subject to the loan charge (and their advisers), was issued on 28 March 2025. The Final Report of the review, together with the government response, was released at Budget 2025 on 26 November 2025. It concluded that the loan charge had failed as a...
Seed Enterprise Investment Scheme ( SEIS) Mirroring the Enterprise Investment Scheme ( EIS), SEIS seeks to boost funding for smaller, higher-risk trading companies by providing a suite of tax reliefs to individuals subscribing for newly issued shares in those businesses. The SEIS rules are tightly defined and require compliance across several areas, including: the overall arrangements, the nature of the shares issued, and the funds raised the individual investors the issuing company This Practice Note concentrates on the conditions governing the general arrangements, the characteristics of the shares, the purpose behind issuing the shares, and the amount and application of the monies raised. These requirements are explained by reference to the income tax relief contained in Part 5A of the Income Tax Act 2007 ( ITA 2007). Capital gains tax ( CGT) relief—whether via the disposal exemption or re-investment...
Seed Enterprise Investment Scheme ( SEIS) Like the Enterprise Investment Scheme ( EIS), the Seed Enterprise Investment Scheme ( SEIS) aims to stimulate backing for smaller, higher-risk trading businesses by granting a suite of tax reliefs to individuals who buy newly issued shares in those companies. The SEIS framework is detailed and imposes a number of conditions that must be satisfied, covering: the individual investors (see Practice Note: SEIS—conditions for relief: individual investor conditions) the shares issued, the funds raised and arrangements generally (see Practice Note: SEIS—conditions for relief: issued shares, the funds raised and arrangements in general) the issuing company (see Practice Notes: SEIS—conditions for relief: issuing company and SEIS—conditions for relief: qualifying trades) There is no statutory route for securing advance clearance that a proposed share issue will qualify for SEIS relief. However, a company intending to meet the SEIS...
This Practice Note is about the tax implications of liquidation demergers, also known as section 110 demergers, after section 110 of the Insolvency Act 1986 This Practice Note examines the tax consequences of liquidation demergers, sometimes referred to as section 110 demergers, taking its label from section 110 of the Insolvency Act 1986. For context on the reasons a company may undertake a demerger, and an overview of alternative structures, see Practice Notes: Demergers—an introduction to the tax issues and Demergers—an introduction for corporate lawyers. Detailed Practice Notes cover the tax aspects of the principal demerger routes: statutory (or dividend) demergers, which can be direct or indirect—see Practice Note: Statutory demergers capital reduction demergers—see Practice Note: Capital reduction demergers liquidation demergers—the focus of this Practice Note Typically, a liquidation demerger involves placing a new holding company at the top of the group, then...
This Practice Note explores the use of section 110 of the Insolvency Act 1986 ( IA 1986) — commonly termed section 110 arrangements, section 110 demergers, section 110 schemes, section 110 transfers, section 110 liquidation schemes, or section 110 reconstructions. It addresses their key purpose, the standard transaction structure, the reconstruction agreement, how dissenting shareholders may contest, and tax matters. What is a section 110 arrangement? A section 110 arrangement is a statutory device to separate or demerge undertakings or assets sitting in, or owned by, a single corporate body, so that following the deal they are held by two or more corporate bodies. Such arrangements are available only within a voluntary winding up, usually a solvent winding up, i.e. a members’ voluntary liquidation ( MVL). With preparation they can deliver tax efficiency compared with alternative routes. In its basic form, a section 110...
A secondary buyout ( SBO) A secondary buyout ( SBO) occurs when private equity finances the purchase of a company that has already undergone a prior buyout. They provide one route for private equity funds to realise and exit an existing buyout position. In an SBO the current private equity house sells out, yet the target's management typically remains in post following completion, albeit some managers may depart and be replaced, or, more rarely, a wholesale change of management may occur. Managers who continue are usually required to sell the interests they acquired in the target vehicle under the earlier buyout, receiving consideration from the new private equity backer. Accordingly, continuing managers dispose of the interests they previously acquired in the target vehicle and accept the consideration proposed by the incoming investor. They then participate, to some extent, by acquiring interests in the vehicle used to...
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT will be superseded by a single, self-assessed levy on securities, the securities transfer charge ( STC), which will be paid and reported via a new online portal. The STC’s features will broadly mirror the proposals for that tax set out in the 2023 consultation. Finance Bill 2026 ( FB 2026) provides a power, effective from Royal Assent, to introduce secondary legislation enabling taxpayers to test the new digital service by self-assessing their stamp taxes on securities obligations and submitting transactions electronically through that service. For more information on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025— Tax analysis— Stamp and transfer taxes Tax update spring 2025— Stamp taxes on shares modernisation Tax update spring 2025— Tax analysis— Stamp and...
A single elevated rate of stamp duty land tax ( SDLT) on high-value residential property—initially set at 15%—was brought in as part of a broader suite of measures intended to make indirect ownership of costly UK homes, for example through a company, less appealing, so as to prevent or limit taxes such as SDLT arising on a later disposal of the property......
Sukuk (singular: ‘sakk’) are a form of Shari’a-compliant financing, often described as Islamic bonds or investment certificates. Further background and context are available in the materials referenced below. For more detail, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment— What are sukuk? Where the statutory requirements are satisfied, sukuk can access the UK tax regime that applies to alternative finance investment bond ( AFIB) arrangements. For guidance on those provisions, see Practice Note: Sukuk—investment bond arrangements and their UK direct tax treatment. Sukuk al ijara represents a specific variant of sukuk. In a sukuk al ijara, the asset the bond-issuer (the label used in legislation for the sukuk issuer) holds on trust for the sukuk investors (the certificate holders) is commonly land. The issuer obtains a land interest through a sale and leaseback; this sale and leaseback...
Once you have confirmed a transaction falls within SDLT, you should assess whether any reliefs or exemptions exist to reduce or eliminate the SDLT liability. This Practice Note outlines selected reliefs available for public and social purposes. For wider SDLT reliefs and exemptions (including charities relief), see Practice Note: SDLT—general reliefs and exemptions. For guidance on establishing whether a transaction is chargeable, see Practice Notes: Land transactions, chargeable interests and chargeable transactions and SDLT—notifiable transactions. This Practice Note summarises the following reliefs from SDLT: compulsory purchase facilitating development purchases by public authorities in connection with planning agreements statutory reorganisations and transfers between public bodies acquisitions by relevant housing providers, and acquisitions by bodies established for national purposes SDLT stopped applying to any land transaction involving interests in or over land in Scotland from 1 April 2015. From that date, land and buildings transaction tax ( LBTT) applies to those...
Generally, and save where exemptions or reliefs apply, acquiring a chargeable interest in land (a land transaction), which covers the grant of a leasehold interest, is liable to stamp duty land tax ( SDLT) (for more, see Practice Note: Land transactions, chargeable interests and chargeable transactions). Corporate bodies may obtain full relief under the reconstruction relief rules, and may access a reduced SDLT rate under the acquisition relief rules, as explained further in this Practice Note. SDLT stopped applying to any land transaction involving interests in or over land in Scotland on 1 April 2015. From that date, land and buildings transaction tax ( LBTT) applies to those dealings, subject to transitional provisions. Accordingly, any mention in this Practice Note of ' UK land' or similar wording for SDLT purposes should be interpreted as excluding interests in or over land in Scotland from 1 April...
FORTHCOMING CHANGE : In Budget 2025, the government signalled changes to the SDLT regime, confirming that transfers of property within the Local Government Pension Scheme will qualify for an SDLT relief. The proposal is set to feature in the Finance Bill 2026–27, as trailed by the announcement. See News Analysis: Budget 2025— Tax analysis— Real estate tax. After confirming a land transaction arises for stamp duty land tax ( SDLT) purposes, where relevant, one should then carefully assess whether any reliefs or exemptions potentially apply to mitigate or eliminate the SDLT payable......
Musharaka A musharaka is an Islamic finance arrangement built on shared ownership, much like a partnership or joint venture. It offers a Shari’a-compliant way to acquire land without a conventional mortgage (see the example below: SDLT consequences of the first transaction) or to refinance a loan already secured on land... Practice Notes Musharaka—tax consequences of diminishing shared ownership arrangements—what is musharaka? The structure and elements of a Musharaka transaction SDLT relief under FA 2003, s 71A For land in England or Northern Ireland, the most relevant stamp duty land tax relief for a musharaka is contained in section 71A of the Finance Act 2003 (land sold to a financial institution and leased to another person)... This Practice Note sets out the conditions for relief under FA 2003, s 71A shows how the relief operates by reference to a musharaka structure proceeds on the basis...
Multiple dwellings relief ( MDR) MDR is available for certain deals that involve buying at least two dwellings, or the purchase of one dwelling that is linked to another dwelling, where the effective date of the relevant land transactions falls before 1 June 2024 (subject to transitional provisions). When MDR applies, the overall consideration for the dwellings is split by the number of dwellings acquired to produce an average price. SDLT is then computed by reference to that average rather than the total consideration, and the total SDLT due is the SDLT on the average price multiplied by the number of dwellings acquired (with an effective minimum rate of 1%). In essence, the SDLT payable matches what would have been charged had each dwelling been bought on its own rather than alongside others. SDLT stopped applying to any land transaction involving interests in or over land in...
stamp duty land tax ( SDLT) SDLT is payable on chargeable land transactions. As a result, grasping what counts as a land transaction, and the scope of that concept, is key to how SDLT applies to dealings in UK land. This Practice Note examines the meaning of land transaction and its key components, including: the acquisition of a chargeable interest, and the point at which a chargeable transaction arises From 1 April 2015, SDLT no longer applies to any land transaction involving interests in or over land in Scotland. From that date, such transactions fall within land and buildings transaction tax ( LBTT), subject to transitional provisions. Accordingly, any reference in this Practice Note to ‘ UK land’ or similar wording, when considering SDLT, should be understood as excluding interests in or over Scottish land from 1 April 2015. For further...
The higher rates surcharge of stamp duty land tax ( SDLT) apply to: Acquisitions of certain additional residential dwellings by individuals Acquisitions of residential property by purchasers that are not individuals, whether or not they own any other dwellings The surcharge is 5% (that is, 5% above the standard residential SDLT rates) for land transactions with an effective date on or after 31 October 2024, subject to transitional provisions. This marks an increase from the original 3% surcharge. For the applicable SDLT rates, see Practice Note: Rates of SDLT. The policy aims to support owner-occupiers and first-time buyers by making the purchase of additional homes—such as second homes and buy-to-let properties—more costly. This Practice Note considers when the higher rates apply and how they interact with other SDLT provisions. The higher rates surcharge is also described as the higher rates of SDLT. There is, in...
An exemption from stamp duty land tax ( SDLT) Relief can be obtained where an interest in land is transferred (a land transaction) between bodies corporate, with one as purchaser and the other as vendor (as termed in the legislation), provided that, at the effective date of the transaction: both bodies corporate are within the same SDLT group; and the anti-avoidance provisions do not apply to block the relief. For further guidance, see Practice Note: SDLT group relief. Even where a deal properly meets the conditions, subsequent post-transaction events can lead to the relief being clawed back, in whole or in a proportionate part. See Practice Note: Clawback of SDLT group relief for more detail. SDLT no longer applies to any land transaction concerning interests in or over land in Scotland from 1 April 2015. From that date, such transactions fall under the land and buildings...
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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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