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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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Lexis+® UK Financial Services FCA/ PRA Enforcement Database: Brings together comprehensive details of all substantive FCA and PRA Final Notices and, where obtainable, Decision Notices from 2014 onwards. The Database, available here, can be queried and refined by rule contravention, keyword, sector, date, severity, aggravating and mitigating factors, financial penalties, and further outcomes such as referrals to the Upper Tribunal. This Practice Note reviews applications to the Upper Tribunal ( Tax and Chancery Chamber) under Rules 5, 10, 14 and 37 of the Tribunal Procedure ( Upper Tribunal) Rules 2008, SI 2008/2698. In particular, it covers bids to suspend the effect of a regulator’s decision, and applications concerning privacy, extensions of time and costs, with pertinent case law. For guidance on the law and procedure for making a reference to the Upper Tribunal following a disciplinary or...
The Financial Services Enforcement Database The Financial Services Enforcement Database brings together comprehensive details of all substantive FCA and PRA Final Notices and, where available, Decision Notices, from 2014 onwards. Searches can be tailored and refined by: rule breach keyword sector date seriousness aggravating and mitigating factors financial penalty other actions, such as referrals to the Upper Tribunal This Practice Note addresses disclosure matters that may arise during an investigation conducted by the Financial Conduct Authority ( FCA) or the Prudential Regulation Authority ( PRA). It explains the rules governing disclosure of confidential information, privileged and protected material, and the circumstances for sharing with third parties, including overseas regulators and potential litigants. It also sets out the regulators’ duties to provide materials gathered during an investigation to the subject under scrutiny and to those with...
This Practice Note explores international regulatory cooperation with an emphasis on cross-border regulatory investigations. It outlines the Financial Conduct Authority’s ( FCA) statutory obligation to collaborate with overseas authorities and the supervisory and investigatory powers it may deploy to support those authorities’ inquiries. It also explains how cross-border investigations operate in practice and offers practical guidance for individuals responding to an overseas regulator’s information request or engaged in concurrent cross-border investigations... Key points The FCA is legally required to cooperate with overseas regulators; this can range from supplying requested information to using its own investigatory powers on an overseas authority’s behalf The FCA retains discretion over the scope of its cooperation and is subject to defined limits on the assistance it may provide Early, proactive and inquisitive engagement can benefit recipients of information requests and those who are the subject of...
The Financial Services Enforcement Database The Financial Services Enforcement Database contains comprehensive details of every substantive FCA and PRA Final Notice and, when published, Decision Notices dating back to 2014. Users can search and refine the Database by rule breach, keyword, sector, date, seriousness, aggravating and mitigating factors, level of financial penalty, and further measures, including referrals to the Upper Tribunal. Under the Financial Services and Markets Act 2000 ( FSMA 2000), the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA) hold a range of powers to gather information for supervisory and enforcement purposes. This Practice Note outlines the FCA’s information‑gathering powers and the limits placed on the disclosure and use of material obtained. These include powers in FSMA 2000, ss 165–169, enabling the regulators to compel firms to supply information and reports, appoint...
Financial Conduct Authority interviews The Financial Conduct Authority ( FCA) may hold interviews either on a voluntary basis or under compulsion, and it alone decides which route to take. As a matter of routine, set out in the FCA Handbook’s Enforcement Guide ( ENFG), the regulator invokes statutory powers to require questions to be answered in interview, promoting fairness, openness and efficiency. That framework is adopted for reasons of fairness, transparency and efficiency. Where the FCA suspects regulatory and/or criminal misconduct, it need not immediately determine whether any later proceedings will be criminal or regulatory. The FCA retains discretion to deploy whatever powers it considers suitable to carry out its statutory function of investigating the alleged misconduct. If there is a prospect of criminal prosecution, or in market abuse enquiries, the FCA may question suspects under caution. Ordinarily, an interviewee is...
ARCHIVED This Practice Note is archived and no longer maintained. It brings together closed legislative proposals, published judgments and completed consultations from 2023–24, which are no longer listed in the current Trade marks tracker— EU as they are not from the present year. To monitor ongoing legislative proposals, relevant judgments, consultations, guidance and reports on EU trade marks, see Practice Note: Trade marks tracker— EU. For archived material before 2023, see Practice Note: Trade marks tracker 2017–2022 [ Archived]. Legislation, consultations, guidance and reports For current legislation, consultations, guidance and reports, see: Trade marks tracker— EU— Legislation, consultations, guidance and reports. For archived developments before 2023, see Practice Note: Trade marks tracker 2017–2022 [ Archived]. What's happening? When? Find out more Commission Implementing Regulation ( EU) 2024/2399 of 12 September 2024 amending Commission Implementing Regulation ( EU) 1352/2013 establishing the forms provided for in Regulation ( EU)...
This Resource Note brings together commentary, analysis and tools to aid interpretation of, and deliver practical guidance on applying, UKLR 5 of the UK Listing Rules, which prescribes the requirements for admitting equity shares to listing in the equity shares (commercial companies) category (also referred to as the commercial companies category). Materials addressed in this Resource Note include, where relevant: the Financial Conduct Authority ( FCA) Handbook FCA guidance in its Knowledge Base— Procedural notes and Technical notes (which constitute formal guidance and are binding on the FCA) FCA consultation papers ( CP), discussion papers ( DP), policy statements ( PS) and feedback statements ( FS) Primary Market Bulletins and other FCA publications former UKLA technical and procedural notes and the UKLA’s newsletter List!, where still relevant to the interpretation or application of a provision ...
Scope of this Practice Note This Practice Note outlines how UCITS obtain authorisation in Ireland. It addresses what UCITS are and their permitted legal forms, the supervisory framework, the functions of UCITS Man Cos, Depositaries and additional service providers, passporting entitlements, and the Central Bank of Ireland ( CBI)’s approval process. It is intended as an essential reference for organisations aiming to navigate Ireland’s UCITS regulatory environment. For further details on UCITS funds, see Practice Note: Ireland— Authorisation of a UCITS Management Company in Ireland. These topics collectively frame the route to UCITS authorisation in Ireland for applicants. What is a UCITS? UCITS stands for Undertaking for Collective Investment in Transferable Securities. A UCITS is an investment fund that aggregates capital from numerous investors to invest in transferable securities and other liquid asset classes. Put simply, a UCITS is an authorised, open-ended,...
Scope of this Practice Note This Practice Note delves into the notion of Super Man Cos, i.e. firms authorised to administer both UCITS and alternative investment funds ( AIFs), highlighting the advantages of dual authorisation. It also outlines the route to securing Mi FID permissions, enabling UCITS Man Cos to undertake supplementary activities. In addition, it explains the passporting entitlements that permit UCITS Man Cos to operate across EU Member States, either via branch establishments or under the freedom to provide services. The note further considers engagement with the Central Bank of Ireland ( CBI), detailing its supervisory functions and the circumstances in which authorisation can be revoked. Overall, this document acts as a key reference for organisations seeking to navigate the Irish regulatory framework for UCITS Man Cos. For further details on UCITS funds, see Practice Note: Ireland—...
When disagreements arise in property transactions, parties typically have a number of avenues for resolving matters, each bringing its own benefits and drawbacks. This Practice Note explores those routes and provides examples of the types of property dispute that may lend themselves to settlement through alternate dispute resolution ( ADR). ADR in property disputes It is well recognised that ADR can be an effective method of resolving disputes, especially in property disputes and other commercial transactions. ADR is: efficient cost-effective capable of producing settlements that courts may not be able to replicate more imaginative than judicial awards tailored to the commercial needs of the parties At present, ADR is not compulsory in Scotland, so it is not a necessary pre-requisite to legal proceedings; however, practitioners still have obligations to advise on, and consider, ADR......
This Practice Note offers practical guidance on the rules of origin relevant to trade in goods under the Australia United Kingdom Free Trade Agreement ( Aus- UK FTA). Introduction Rules of origin set the criteria for determining where a product is from. Establishing origin is crucial for trade between Australia and the UK, as only goods treated as originating in either territory benefit from preferential tariffs, which are predominantly zero-rated. For further guidance on trading in goods and the tariff commitments under the Aus- UK FTA, see Practice Note: Trade in goods under the Aus- UK FTA. Goods that are not originating are subject to tariff treatment under the World Trade Organisation ( WTO) framework and will attract the Most Favoured Nation ( MFN) rate that applies to all WTO Member States. For guidance on MFN, see Practice Note: An...
The EU has long championed fairness and equality in the workplace. Across the years, meaningful progress has been made to address the enduring challenge of equal treatment and the gender pay imbalance, which continues to be a pressing concern. Against this backdrop, Directive ( EU) 2023/970 — the EU Pay Transparency Directive ( EU PTD) — is a pivotal statute intended to shrink the gender pay gap, increase openness in pay frameworks and secure effective remedies for discrimination. This Practice Note reviews the EU legal framework on equal treatment and equal pay, charting the development of the principal measures since the late 1970s, the updates introduced by the EU Pay Transparency Directive and what these mean for both employers and workers. Principles of equality in the EU Treaties Equality is a foundational element of EU law and societal values, firmly embedded in the...
Introduction This Practice Note explains the procedure for handling Variations under the 2017 FIDIC Red, Yellow and Silver Books, whether the Engineer or Employer issues a Variation, whether the Engineer or Employer invites a proposal for a Variation, or whether the Contractor originates the Variation (value engineering). For further detail on Variations within the 2017 editions, see Practice Note: FIDIC contracts 2017—variations. Clauses 13.1 to 13.3 primarily control Variations, identifying the entitlement to modify the Works and the process to be applied. In the Red and Yellow Books, the Employer is not authorised to give Variations directly. Instead, the Employer must route any related Variation requests and instructions through......
CASE HUB ARCHIVED This archived case hub captures the position as at the decision of 8 December 2025; it is no longer being updated. See the timeline for further details. Case facts Outline European Commission merger review of Mars, Incorporated’s proposed acquisition of Kellanova ( M.11753). The deal features horizontal overlaps in the supply of food products. Latest developments On 8 December 2025, the Commission granted unconditional clearance. While Mars, Incorporated and Kellanova possess market power and could, in theory, link categories in negotiations, the evidence did not indicate that the merger would bolster Mars, Incorporated’s bargaining power vis-à-vis retailers. Shoppers were unlikely to change supermarkets due to the parties’ products being unavailable, and no ‘basket effect’ was proven. Parties Mars, Incorporated ( Mars): Headquartered in the US. A worldwide supplier of confectionery, food products, pet food and animal care services. Its portfolio includes chocolate countlines (e.g. Twix, Mars,...
The Screening of Third Country Transactions Act 2023 ( Ireland) ( STCTA 2023 ( IRL)) marks Ireland’s first regime for screening foreign direct investment and implements Regulation ( EU) 2019/452, widely referred to as the EU Foreign Direct Investment Regulation. Deals involving third countries (covering third country nationals and/or third country undertakings) must now be notified to the Minister for Enterprise, Trade and Employment in Ireland (the Minister), who may prohibit, or attach conditions to, such arrangements. This Practice Note outlines selected core features of STCTA 2023 ( IRL), alongside the notification obligations under STCTA 2023 ( IRL). Key dates STCTA 2023 ( IRL) took effect on 6 January 2025 (the Commencement Date), so notifiable transactions must be submitted to the Minister from the Commencement Date. STCTA 2023 ( IRL) also contains ‘look back’ provisions permitting the Minister to examine...
This Practice Note considers the transfer of employees under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)) ( TUPE Regulations 2003 ( IRL)), as revised by the Workplace Relations Act 2015 ( Ireland). The TUPE Regulations 2003 ( IRL) give domestic effect to Council Directive 2001/23/ EC of 12 March 2001, which harmonises Member States’ laws concerning the protection of employees’ rights when undertakings, businesses, or parts of undertakings or businesses are transferred ( Council Directive 2001/23/ EC). Definition of employees To obtain statutory protection in connection with a transfer of an undertaking, individuals must be regarded as employees. Council Directive 2001/23/ EC does not provide a definition of an employee. Rather, it specifies that ‘(d) “employee” shall mean any person who, in the Member State concerned, is...
1. What is the applicable legislation? Greece’s national framework creating a screening system for foreign direct investment ( FDI), and giving effect to Regulation ( EU) 2019/452, is contained in Law 5202/2025, enacted on 22 May 2025 (the Greek FDI Law). 2. Which government or other body (or bodies) reviews foreign investments? The bodies responsible for reviewing foreign investments in Greece are as follows: the Interministerial Committee for Control of Foreign Direct Investments ( DEEAXE); and the Minister of Foreign Affairs Procedural matters in the screening process are managed by Directorate B1, which serves as DEEAXE’s secretariat and the primary contact point for foreign investors. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non- EU/non- WTO)? Are there specific rules for certain types of investors (eg...
This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom ( UK) and the European Union ( EU). Introduction On 19 May 2025, at the inaugural UK– EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK– EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK– EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK– EU Trade and Cooperation Agreement. For guidance on trade in services under the UK– EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK– EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet...
We have created a compendium that brings together a body of essential practical guidance on the particular legal and operational implications of data protection law within the EEA. The compendium centres on the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) regime. Regarding the collection’s subject matter, there are notable similarities between the EU......
Through this guide, organisations can bring their corporate strategy and transition plan into alignment, motivate board directors to deliver emissions-cutting objectives, lessen reputational and legal exposures—particularly accusations of greenwashing—and evidence climate leadership alongside a clear commitment to lowering greenhouse gas emissions. The sustainability clauses originate from The Chancery Lane Project ( TCLP) and are accessible via TCLP’s website below, referenced. For comprehensive direction on aligning the board with climate ambitions, please consult the guide supplied by TCLP. TCLP is the code name for a targeted, collaborative initiative of lawyers across the globe, from around the world, creating new and novel contracts and model laws to tackle climate change. For further details, visit: chancerylaneproject.org. Lexis+® is pleased to back and support TCLP’s work......
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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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