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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 looks at the powers of the Financial Conduct Authority ( FCA) to impose and vary requirements This Practice Note explores the FCA’s authority to set and adjust requirements applicable to firms. For guidance on the cancellation of requirements, see Practice Note: Financial Conduct Authority—cancelling permission and requirements. A ‘requirement’ is a condition placed on an authorised person by the regulator where that person has made an application for: Part 4A permission, or the variation of a Part 4A permission. Such a requirement takes effect on, or after, the giving or variation of the permission, as the FCA considers appropriate. The FCA may impose a requirement on a firm irrespective of whether the application for permission, or for a variation of permission, was submitted to the FCA itself or to the Prudential Regulation Authority ( PRA). Examples include a...
This Practice Note reviews the principal provisions and the measures businesses should adopt to comply with the EU Geo-blocking Regulation (also known as the Geoblocking Regulation), and covers: background to geo-blocking and its impact the Regulation’s scope bans on unjustified geo-blocking prohibitions on varying general conditions of access prohibitions on discrimination when accepting payments limits on passive sales confirmation of key commercial areas not affected by the Regulation actions traders should take to achieve compliance enforcement the European Commission’s review of the EU Geo-blocking Regulation Key information EU Geo-blocking Regulation title: Regulation ( EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market, and...
The need for environmental protection Septic tanks and small sewage treatment plants handle domestic sewage where properties are not linked to the mains network. In England, waste water should be directed to the public foul sewer whenever doing so is reasonable. When judging reasonableness, the Environment Agency ( EA) considers relative cost, physical obstacles and environmental gains. It will typically deem connection reasonable where any boundary of the premises lies within 30 metres of a public foul sewer for a single domestic property, or within a distance calculated as 30 metres multiplied by the number of houses for multi-property developments. For premises that are not entirely domestic, the EA also applies a volume-based distance assessment. In Wales, private domestic sewage treatment within a sewered area is only allowed if connection to the public sewer is not feasible. Normally, Natural Resources Wales ( NRW) treats...
An employee engaged on a fixed-term contract of employment has various rights and protections that derive from the Fixed-term Work Framework Directive 1999/70/ EC, which was implemented in the UK law by the Fixed- Term Employees ( Prevention of Less Favourable Treatment) Regulations 2002 ( FTE Regulations 2002), SI 2002/2034: The worker must be treated no less favourably than a comparable permanent colleague; it is therefore unlawful for an employer to give fixed-term staff inferior benefits and/or lower pay than permanent staff In specified situations, the individual may require their fixed-term contract to be converted to a permanent one, removing any limit on its duration The worker is protected from detriment or dismissal arising from exercising rights under the Regulations EU-derived measures such as the FTE Regulations 2002, which were made to fulfil the UK’s obligation to implement a...
Property case tracker The Property case tracker brings together significant 2026 judgments we consider pertinent to property lawyers, listed in reverse chronological order. The tracker uses the following definitions: AST: assured shorthold tenancy CVA: company voluntary arrangement FTT: First-tier Tribunal HMO: house in multiple occupation LPA: local planning authority NPPF: National Planning Policy Framework RRO: rent repayment order RTM: right to manage TCC: Technology and Construction Court UT: Upper Tribunal ( Lands Chamber) VTE: Valuation Tribunal for England See also the Property key future developments tracker, which follows the progress and outcomes of appeal matters, while this tracker provides a summary of all cases we deem relevant to property practitioners. See further: Property case tracker—2025 Property case tracker—2024 [ Archived] Property case tracker—2023 [ Archived] Property case...
Voluntary attendance at an interview under caution ( PACE 1984) This Practice Note sets out the legal framework for choosing to attend an interview under caution carried out pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984). It also signposts provisions of PACE 1984 and the pertinent PACE Code of Practice, Code C, governing suspect interviews that are inapplicable to volunteers, including the monitoring of detention time limits, how custody records are treated, the care and treatment regime for detained persons, the entitlement not to be kept incommunicado, fingerprints, searches, the drawing of inferences from silence, and the approach to advising a volunteer. For wider guidance on interviews under PACE 1984 generally, see Practice Note: Interview under caution. The Home Office has issued a guidance note tailored to individuals who attend police interviews on a voluntary basis; this must be...
This Practice Note outlines the legal framework for interviewing a suspect under caution pursuant to the Police and Criminal Evidence Act 1984 ( PACE 1984) and the accompanying PACE Codes of Practice, with particular emphasis on PACE Code C. It sets out what an interview under caution entails, the advice a solicitor should provide to a suspect before it occurs, where the interview will take place, and the way it will be conducted. It further considers how the interview will be recorded and the approach when dealing with juveniles or vulnerable persons. It also addresses ‘no comment’ interviews and written statements made under caution. Current and historic versions of the PACE 1984 Codes of Practice are published by the Home Office and can be found here. What is an interview under caution? An interview is the questioning of a suspect about their...
1. What is the applicable legislation? Lebanon has no standalone law on foreign direct investment ( FDI). Rather, rules relevant to foreign investment are set out in the Investment Law 360/2001 ( Investment Law 2001), which applies equally to overseas and local investors. The Investment Law 2001 functions as an investment promotion framework offering incentives to invest in Lebanon. It does not create supervisory bodies or impose limits on foreign investment. Any such limitations arise under other statutes, notably the Law on the Lebanese Code of Commerce 304/1942 ( Code of Commerce 1942), the Law on Publications 1962, the Gun Laws of Lebanon 137/1959 (as amended), and the Law on Foreign Acquisition of Real Property 296/2001. 2. Which government or other body (or bodies) reviews foreign investments? Foreign investment in Lebanon is in general handled by the Investment Development Authority of Lebanon ( IDAL), created...
When an overseas company sets up an establishment in the United Kingdom to carry on business, it may need to register its particulars with Companies House in the UK. For details of the registration requirements, see Practice Note: Overseas companies with an establishment in the UK. The regime for registering an overseas company doing business in the UK is separate from the registration of overseas entities with an interest in UK property. For further information on the register of overseas entities that own UK property, established by the Economic Crime ( Transparency and Enforcement) Act 2022 ( EC( TE) A 2022), see Practice Notes: Register of overseas entities that hold UK property—fundamentals and The beneficial ownership register of overseas entities that own UK property. This Practice Note should be read alongside Practice Note: Overseas companies in the UK—winding up,...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a package of steps aimed at cutting lawful migration to the UK. Among them, for Appendix FM applications on the 'five-year route', the baseline minimum income requirement for initial applications was to rise from £18,600 to £29,000 in Spring 2024. This uplift took effect through amendments to the Immigration Rules on 11 April 2024. Further staged increases had been planned; however, on 30 July 2024, the incoming Labour Home Secretary, Yvette Cooper MP, confirmed that the Migration Advisory Committee would be tasked with reviewing these financial thresholds, and that no subsequent rises would progress pending that review. For more detail, see Practice Note: Immigration calendar. The Practice Note considers core practical points on the Appendix FM minimum income threshold: determining the applicable threshold, and—for five-year route...
This Practice Note is a horizon scanner, tracking key future developments in UK IP law. This note looks ahead to forthcoming shifts in UK IP law, outlining key dates for your diary (including estimated dates where the precise timing is not yet confirmed) and providing commentary on: Legislation and consultations: Acts not in force, partially in force or subject to staged introduction Statutory Instruments in progress, partially in force or subject to staged introduction International treaty implementation instruments Open consultations and consultations pending a response Case appeals: Supreme Court European Patent Office ( EPO) Enlarged Board of Appeal ( EBA) ...
What is the ‘ One IPO’ transformation programme? This Practice Note tracks progress on the UK Intellectual Property Office’s ( IPO) ‘ One IPO’ transformation programme. It outlines the programme’s background, the principal actions proposed, and the schedule for delivering each phase, indicating the timing for every stage. It also explains the consultations that support the initiative and the feedback they generated, and records the responses received. The ‘ One IPO’ transformation programme aims to modernise and enhance the IPO’s services. The IPO intends to replace its current procedures with a single digital platform for all registered IP rights—patents, trade marks and designs. Planned amendments to the existing legal framework—which presumes processes centred on paper forms and correspondence—will lift legal obstacles to the IPO’s digital transformation and resolve inconsistencies across the various IP rights. Further information on the principal steps and expected timetable appears in the Key...
Introduction to the Intellectual Property Enterprise Court The Intellectual Property Enterprise Court ( IPEC) sits as a sub-list within the general Intellectual Property List ( Chancery Division). It is designed to open up access to justice in IP disputes for small- and medium-sized enterprises ( SMEs) that might otherwise struggle to bring or defend a claim. IPEC also serves as a venue for lower-value IP cases to be resolved at proportionate cost, ensuring litigation remains manageable for parties with modest resources. The Intellectual Property List comprises two sub-lists: the Patents Court and the IPEC. It forms part of the Business and Property Courts of the High Court, which were established on 2 October 2017. For further details about the Business and Property Courts, see Practice Note: Business and Property Courts, and for commentary on their introduction in IP matters, see News Analysis: Framework of...
This Practice Note discusses: the precise nature of a partnership, and why this status can be especially significant and relevant in a VAT setting how a general partnership, limited partnership, Scottish partnership, and a limited liability partnership ( LLP) ought to register for VAT the situations in which partnerships may qualify to join a VAT group the extent to which partners are responsible, where applicable, for VAT due from the partnership the VAT effects of dealings between partners and the partnership, in particular: moving assets into or out of the partnership, and transferring an existing partnership interest itself This Practice Note cites relevant case law from the EU Court of Justice. For guidance on whether and to what extent...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
What is a Royal Charter? The meaning of the term ‘ Royal Charter’ has shifted over the centuries. At first, it was the method by which the Crown bestowed corporate personality on bodies of persons undertaking activities for public, or private, benefit. In contemporary use it largely signifies an honorary status, awarded to distinguished professional bodies or charitable organisations that can show a record of achievement and are regarded as financially sound by the Privy Council. The expression is also applied to municipal charters, which create towns and cities. Historical usage Securing a Royal Charter was the earliest route to obtain corporate personality for bodies of persons carrying out activities for public, or private, benefit. Key early grants included: The University of Cambridge in 1231 for public benefit; The Sadlers Company in 1272 for private benefit. Beyond educational institutions, such as...
Ireland— Determining jurisdiction in civil litigation—checklist For a checklist explaining how to assess whether an Irish court can take jurisdiction over particular civil disputes, see Ireland— Determining jurisdiction in civil litigation—checklist. This Practice Note outlines the rules that govern when the Irish civil courts may hear claims with an international dimension. It includes guidance on international jurisdiction under Brussels I (recast), the Lugano Convention and the Hague Convention. It also addresses the position where proceedings are commenced in more than one jurisdiction. Finally, the Practice Note offers practical pointers when evaluating jurisdictional issues in Ireland. For guidance on: which specific court a claim should be brought in, see Practice Note: Ireland— Starting a civil action other matters to weigh up before issuing a civil claim in an Irish court and how to commence and advance a civil claim in Ireland, see Practice Notes: Ireland— Starting a civil action and...
This Practice Note outlines breach of contract and the remedies that may follow. It addresses what can constitute a breach, how the courts evaluate that question by construing the parties’ contractual obligations, the remedies available, and the deployment of clauses that cap or restrict consequent liability and/or compensation. It also looks at whether a breach of contract claim can be pursued and the method for claiming late payment interest. For a broader overview of contract law, see Practice Note: Ireland— Contract law essentials. Breach of contract A breach arises where one party (‘the defaulting party’) fails or declines to fulfil duties owed under the contract, in whole or in part. The other contracting party (‘the innocent party’) may then consider potential remedies for that failure. It should be remembered that a defaulting party with a lawful excuse for...
On 18 December 2025, the Planning and Infrastructure Act 2025 secured Royal Assent...
The core purpose of green belt policy is to curb urban sprawl by safeguarding land as permanently open. Openness and permanence are the defining features of green belts. Policy National policy for England’s green belts is contained in the National Planning Policy Framework ( NPPF). First issued on 27 March 2012, it has been superseded several times, most recently in December 2024. Under the NPPF, local planning authorities ( LPAs) must establish green belt boundaries and decide applications in line with its green belt policies. Inappropriate development is generally resisted unless very special circumstances can be shown such that the scheme’s benefits clearly outweigh harm to the green belt. The NPPF identifies forms of development regarded as appropriate within the green belt. This is supported by Planning Practice Guidance ( PPG) on the green belt, updated in February 2025 to reflect 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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