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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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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......
This month has not brought any material global merger control developments. Nonetheless, a few updates are worth flagging in Australia, Brazil, the EU, India, Thailand and the UK. Gun-jumping and other merger control breaches—fines issued around the world in recent weeks In recent weeks, competition authorities worldwide have announced penalties for gun-jumping/failure to notify and other breaches of merger control rules, namely: Israel: Bank Hapoalim and Israel Discount Bank were each fined ILS 40m for not notifying their acquisitions of minority stakes in Neema Shefa Israel Ltd. Bank Hapoalim purchased 20% of Neema Shefa Israel Ltd’s share capital and Israel Discount Bank around 17.5%. This is the first instance of companies being fined for holding a minority interest in a competitor without a permit from the director-general of the Israeli Competition Authority. Spain: Mémora was fined EUR 108,000 for failing to comply with...
Introduction Interim remedies supporting arbitration are easily accessible to participants in Nigerian arbitral matters, either as (i) measures granted by the arbitral tribunal, or (ii) measures issued by the Nigerian courts. The entitlement to seek interim relief has been preserved—and widened—by the new Arbitration and Mediation Act, 2023 ( AMA). Interim reliefs in pre-2023 arbitral proceedings Under the earlier regime, the Arbitration and Conciliation Act 1998 ( ACA) authorised an arbitral tribunal to order interim measures of protection ( Section 13 ACA). Article 26 Rules (1) and (2) of the Arbitration Rules, in the First Schedule to the ACA, likewise enabled the tribunal to grant protective measures, including ‘measures for the conservation of the goods forming the subject-matter of the dispute’, by way of an interim award. Although the ACA did not expressly vest the courts with power to grant interim orders such as...
Also prepared in partnership, with contributions from Marylis Clerc of Bird & Bird and Sapna Palla of White & Case LLP. What are paediatric medicines and why do we need them? Paediatric medicines are medicinal products intended for children from birth up to, but not including, 18 years of age. Over recent decades, very limited research and development in this area occurred. Numerous medicines were neither studied nor authorised for paediatric use, compelling clinicians to modify dosage and presentation of adult medicines according to their own judgement. Unsurprisingly, such widespread off-label practice carried a higher likelihood of poor efficacy and adverse reactions in children. A report by the European Medicines Agency ( EMA) states that, despite scarce data, harm did occur and was frequently underreported. Multiple factors explain the shortfall in paediatric R& D, including the perception that enrolling children in clinical trials was...
Instead of, or alongside, submitting a national patent application to a national patent office (eg a GB application at the UK Intellectual Property Office ( UK IPO)), or a regional application to a regional patent office (eg a European application at the European Patent Office ( EPO)), an applicant may file an international patent application under the Patent Cooperation Treaty ( PCT). This Practice Note outlines the principal provisions of the PCT and summarises the steps for filing an international patent application. For guidance on applying for a GB patent at the UK IPO, see Practice Note: Patent applications—how to obtain patent protection in the UK. For a directory of regional patent offices, see here, and for further details on European patent applications at the EPO, see Practice Note: European patent—application procedure. The Patent Cooperation Treaty (...
What is solar energy generation? Solar energy generation refers to converting sunlight into electrical power using solar panels made up of photovoltaic cells. When light lands on these cells it produces an electric field, which in turn drives an electrical current. Panels are usually placed on roofs or at ground level in locations with strong sunshine. Electricity produced can be used straight away or stored in batteries for later consumption. Key elements of a solar scheme also include buried cabling, a substation linking the project to the national grid, and an access road or track so construction, decommissioning and maintenance vehicles can reach the site. As a renewable, sustainable option, solar has become popular for its ability to cut dependence on non-renewable sources, reduce carbon emissions, and lower energy costs over time. For practical guidance on solar projects across various...
This Practice Note considers governance, contract management and reporting within common outsourcing contracts. It sets out why governance is critical in long-term arrangements and outlines the make-up of a typical governance schedule. It also reviews connected legal themes, including good faith, variation and waiver. Outsourcing deals commonly span several years and demand sustained co-operation between supplier and customer. Strong governance and reporting terms underpin that co-operation, setting clear expectations from the outset about the customer’s role in day‑to‑day service delivery, the frequency and format of the supplier’s reports, and the approach to resolving issues. This Practice Note covers: Introduction to outsourcing governance Drafting the governance provisions Legal issues Reporting For precedent governance and reporting provisions, see clause 9 and schedule 9 of Precedent: Outsourcing agreement—long form. Introduction to outsourcing governance In outsourcing, governance is the method by which the customer and supplier oversee the...
Special category personal data Special category personal data is highly sensitive or private and therefore demands heightened protection. It is closely associated with: freedom of thought, conscience and religion freedom of expression freedom of assembly and association the right to bodily integrity the right to respect for private and family life freedom from discrimination There is a presumption that such data must be handled with greater care, as collecting and using it is more likely to intrude upon these fundamental rights or expose someone to discrimination. This Practice Note assumes familiarity with the concept of personal data. It outlines what qualifies as special category personal data and offers practical guidance on when and how you may process it. This Practice Note does not cover criminal offence data, which is governed by separate rules. This is most likely to be relevant to private sector commercial organisations in the employment...
Within Lexis+ UK Legal Research, the following key Commercial resources deliver practical commentary, legislation, rules and guidance for commercial lawyers in private practice or in-house. These titles are available only with the relevant Lexis+ UK Legal Research subscription(s). Consumer law Butterworths Trading and Consumer Law The definitive consumer law text, spanning unfair commercial practices; criminal controls on consumer transactions; fair trading and civil liability for goods, services and digital content; price display and promotions; advertising; and consumer credit. Structured for practical use, it offers an all-encompassing treatment that practitioners will value. Arranged to give a hands-on approach to trading standards law, it is tailored for those who regularly enforce, comply with or advise on consumer protection. Who should use this resource? Lawyers who frequently enforce, comply with, or advise on consumer protection. Enforcement of Consumer Rights and...
Need for a grant The personal representatives ( PRs) of a deceased person’s estate will ordinarily need to secure a grant of probate or letters of administration to confirm title to the deceased’s property and to manage, realise and safeguard it for those with an interest in the estate. Although a grant is generally required to deal with an estate in England and Wales, it may not be needed depending on the nature and value of the assets and where they are held. See Practice Note: Devolution of assets and the need for a grant. The civil mechanism to address a failure to obtain a grant is a citation. Where an executor has already begun acting in the estate’s administration, they can be obliged to take probate. See Practice Note: Probate...
This Practice Note considers the continued right of residence for EU citizens beyond the initial three-month period when they are not engaged as workers or self-employed. Throughout, ‘ EU citizens’ denotes nationals of EU Member States. Nationals of the European Economic Area— Norway, Iceland and Liechtenstein—likewise benefit from EU free movement law under Directive 2004/38/ EC, the Citizens’ Directive. Accordingly, references to EU citizens in this Practice Note also include EEA nationals. Students EU national students obtain a right to reside for more than three months under the Citizens’ Directive if they: are registered at a public or private institution, accredited or financed from public funds in accordance with the host state’s law or administrative practice, for the principal purpose of pursuing a course of study, including vocational training hold comprehensive sickness insurance cover in the host Member State provide a...
This Practice Note examines the Terms of Reference ( TOR) under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules), as currently in force. The ICC Rules govern any ICC arbitration begun on or after 1 January 2021, unless the parties specifically agree that an older iteration of the ICC Rules will apply (eg in the arbitration clause itself). For links to further guidance on the 2017 and 2012 versions of the ICC Rules, see: ICC arbitration—overview. What are the Terms of Reference? The TOR are a document that distils essential details relevant to the ICC arbitration in question. Prepared by the arbitral tribunal in concert with all parties, they are produced within 30 days of the tribunal receiving the case file from the Secretariat. They set the course for the rest of the arbitration by outlining the merits of the dispute and...
This Practice Note on commencing a debt claim outlines the matters to consider both before and after issuing a straightforward contractual debt action, including the correct jurisdiction, limitation, alternative dispute resolution ( ADR) and insolvency options, pre-action obligations, assignment of debts, and when, where and how to issue and serve proceedings. For an explanation of what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims. Further guidance on debt claims includes: Practice Note: Discharging a contractual debt Starting a contractual debt claim—checklist (covering, in summary, issues such as the nature of the claim, the contracting parties, the debtor’s assets, the debt’s value, and what the client aims to achieve through litigation, with links to related content) For broader guidance on starting claims, see: Starting a claim or...
This Practice Note considers the opposition to a security for costs application on the basis that it would stifle the ability of the claimant to pursue their claim against the defendant. This Practice Note is prepared on the footing that the defendant has brought the security for costs application. It should be read so that the same principles apply, with suitable adjustments, in other procedural settings as outlined below: For a counterclaim, the defendant to the counterclaim (that is, the claimant) may seek security for costs. For a Part 20 claim, a Part 20 defendant may apply for security against a Part 20 claimant. Accordingly, construe this Practice Note to fit those scenarios. Note that, on 6 April 2025, amendments to CPR 25 took effect, which renumbered the previous provisions and revised aspects of the wording dealing with security for costs. This...
CASE HUB ARCHIVED This archived case hub records the position as at the decision dated 17 December 2020 and is no longer updated. For more detail, see the timeline. Case facts Outline European Commission merger review of the proposed purchase by Google LLC of Fitbit Inc. ( M.9660). The deal gives rise to horizontal overlaps in markets for supplying online search and display advertising services and ‘ad tech’ services. Latest developments On 17 December 2020, the Commission cleared the deal subject to commitments. To remedy the Commission’s concerns, the package comprises behavioural and access measures that set limits on Google’s use of data gathered for advertising, protect interoperability between competing wearables and Android, and allow users, if they wish, to go on sharing health and fitness data. The commitments will apply for ten years, and the Commission may extend the...
Taking part in criminal hearings from a distance can be demanding and unfamiliar. Extended periods focused on a monitor or telephone require intense concentration, which is more exhausting than being in a courtroom with everyone present, and this can impair listening for many practitioners. This Practice Note offers corporate crime practitioners taking part in remote hearings via live link (audio or video link) in the criminal courts pragmatic guidance and information to assist preparation and delivery. It should be read alongside Practical tips for remote attendance at criminal hearings—checklist, which complements this guidance. Will my hearing go ahead remotely? Criminal courts in England and Wales may permit individuals to take part in hearings remotely through a live audio link or live video link, as appropriate. For details on when remote attendance might be authorised, and on the process for making, varying or revoking live link...
This Practice Note gathers archived news and updated documents from the International Swaps and Derivatives Association ( ISDA), covering January 2015 to December 2017. For ISDA developments from January 2018 onwards, see Practice Note: ISDA—latest news on documentation. All ISDA updates mentioned here were originally published on the ISDA website (subscription required for full access). Commentary and related documents are provided by Banking & Finance. 2017 Date of update/announcement from ISDA — ISDA news 15 December 2017 — ISDA webinar on systematic internaliser regime. Why? ISDA issued a webinar, ‘ Are you ready for the Systematic Internaliser Regime?’, examining issues connected to the MIFID II systematic internaliser regime. For more information on systematic internalisers, see Practice Note: Systematic internalisers. 8 December 2017 — Credit Derivatives Physical Settlement Matrix – 2014 and 2003 Confirmations. Why? ISDA published the: 2014...
This Practice Note should be read alongside Practice Note: Trustees and data protection—part one. It reviews the data protection framework under the Data Protection Act 2018 ( DPA 2018), the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), which applied from 25 May 2018, and the UK-specific iteration of the EU GDPR that has applied in the UK from 11 pm on 31 December 2020 ( Retained Regulation ( EU) 2016/679, UK GDPR). It also addresses equivalent provisions (where relevant) from the former Data Protection Act 1998 ( DPA 1998) regime. For fuller guidance on DPA 2018, see the Data protection regime subtopic. Data Protection Act 2018 With effect from 25 May 2018, DPA 1998 was repealed and the UK data protection landscape is now consolidated within the GDPR ( EU and now UK) and DPA 2018. DPA 2018 is a...
MVL A members’ voluntary liquidation ( MVL) is widely used and highly adaptable, with the timing and approach initially shaped by the shareholders and, once a liquidator is appointed, thereafter directed by that office-holder. It can also operate as a practical instrument within a broader plan that brings a range of companies in the group into scope. The liquidator’s steps in settling the company’s affairs are intended to offer greater certainty for all stakeholders and deliver added safeguards for directors and shareholders alike. Although an MVL will generally be more expensive than dissolution or striking off, the advantages can outweigh and justify those additional costs......
Practice Note: Criminal offences under the Data Protection Act 2018 ( DPA 2018) This Practice Note outlines the criminal offences set out in the Data Protection Act 2018 ( DPA 2018). Those provisions took effect on 25 May 2018. For details of the DPA 2018’s aims and coverage, see Practice Note: The Data Protection Act 2018. The DPA 2018 repealed the Data Protection Act 1998 ( DPA 1998) on 25 May 2018. However, data protection offences committed before 25 May 2018 may still be pursued under the DPA 1998 notwithstanding its repeal. For guidance on data protection and data handling offences under the DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [ Archived] and Notification offences under the Data Protection Act 1998 [ Archived]. The DPA 2018 was later amended by the Data Protection, Privacy and...
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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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