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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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A data protection impact assessment ( DPIA) is exactly what it sounds like—an evaluation of how a particular project or process may affect data protection for impacted individuals. This Practice Note sets out: what a DPIA is whether DPIAs are mandatory, and if so who should carry out the assessment, and how It also covers how DPIAs relate to privacy impact assessments ( PIAs) and data protection by design and default ( DPb DD). Precedent: Data protection impact assessment— DPIA aligns with the UK GDPR. See also Precedent: Data protection impact assessment— DPIA—short form, based on an Information Commissioner’s Office ( ICO) template. ICO guidance on DPIAs is available in two places: Data protection impact assessments and Data Protection Impact Assessments ( DPIAs). What is a data protection impact assessment? A DPIA is a practical mechanism to help you: spot and reduce data...
This Practice Note explores the principal considerations when preparing a settlement agreement: correctly identifying the parties (including any relevant third parties), expressing obligations with clarity and sufficient compulsion (covering time is of the essence and endeavours provisions), drafting the release (the ‘full and final settlement’ estoppel), and incorporating appropriate boilerplate clauses and execution formalities. For guidance on making a settlement offer and deciding how to record it, see Practice Notes: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement Settling at a mediation For Precedent draft settlement agreements, see: Draft Settlement agreement—pre-action settlement Draft Settlement agreement—for settling disputes post-commencement of proceedings For guidance on disputes arising from a settlement agreement, see Practice Note: Resolving disputes concerning settlement agreements. Key requirements—drafting the settlement contract As with any contract, attention should be given to these core...
What is a GTMA? Electricity in Great Britain ( GB) is exchanged via a bilateral marketplace. No fixed template is mandated for trades. Nevertheless, the Grid Trade Master Agreement ( GTMA) has become the recognised standard contract for power trading, and is extensively adopted by generators, suppliers and traders to record a bilateral deal for the sale and purchase of electricity. For broader background on the structure of the GB power market, see Practice Note: The Great Britain electricity market—an introduction. First issued in 2001 by the Futures and Options Association (now absorbed into the global Futures Industry Association ( FIA)), the GTMA was designed for use following the launch of the New Energy Trading Arrangements ( NETA) (which, in 2005, gave way to the British Electricity Trading and Transmission Arrangements ( BETTA)). The GTMA was updated in 2004, and the majority now...
The Practice Note sets out the law as it stood before 18 May 2021. It summarises the post‑ Brexit challenges for UK financial institutions that previously accessed EU markets through passporting rights. It also examines the UK’s position as a third country (a jurisdiction outside the European Economic Area ( EEA)), equivalence considerations, and the UK’s post‑ Brexit status for financial services firms. Brexit and financial services This note outlines the issues encountered by UK firms that formerly conducted business across the EU via passporting and the implications arising from the loss of those rights. This Practice Note sits within a suite of key notes on Brexit and financial services. Other guides include the following: Brexit— Financial Services—overview Brexit and financial services: materials on the post- Brexit UK/ EU regulatory regime [ Archived] Brexit—impact on financial services [ Archived] Brexit and...
The principle defined Company decisions are taken by shareholders through resolutions. A company’s resolution can be validly approved in three ways: by employing the statutory written resolution procedure (available only to private companies and subject to specified exceptions) (see Practice Note: Written resolutions for further details on this process) at a meeting of the company’s members, duly convened and conducted in accordance with the Companies Act 2006 ( CA 2006) or the company’s articles of association (see Practice Note: Member resolutions for further information) where applicable, under the Duomatic principle, described in Re Duomatic Ltd as: '...where it can be shown that all shareholders entitled to attend and vote at a general meeting agree to a matter that such a meeting could give effect to, that agreement is as binding as a resolution would generally be.' It has subsequently been restated as: ' The essence of the...
This Practice Note examines the statutory bars to extradition from the UK contained in section 11 of the Extradition Act 2003 ( EA 2003). There are numerous specific grounds that an individual may rely upon to resist extradition under EA 2003. Some of these grounds apply across both categories of request, while others are confined to EA 2003, Pt 1 or EA 2003, Pt 2 requests only. For an overview of the statutory scheme under EA 2003, see Practice Note: Extradition and the statutory framework—an introduction to extradition. For further guidance on the procedure applicable to EA 2003, Pt 1 and EA 2003, Pt 2, see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Statutory bars At the extradition hearing, the district judge will assess whether the request relates to an extradition offence and whether any of the statutory bars to...
Part 7 or Part 8? Before April 2007, the practice direction accompanying CPR 8 stated that if, prior to 26 April 1999, a High Court claim had been commenced by originating summons, it should thereafter be brought under the Part 8 procedure. As claims under the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996) were issued by originating summons before 26 April 1999, it was long assumed that Part 8 was the appropriate route. The current practice direction to Part 8, however, now clearly sets out the categories of claim that may start under Part 8, and that list excludes TOLATA 1996 claims. Consequently, proceedings ought to be issued under Part 7 unless there is unlikely to be any significant factual dispute of substance, or a rule or practice direction requires or allows the use of Part 8. Where the...
Traffic Commissioners In England, Wales and Scotland, operator licences are granted by the Traffic Commissioners. They oversee licensing and regulation of heavy goods vehicles ( HGVs), light goods vehicles ( LGVs) and passenger service vehicles ( PSVs), and register local bus services. For a general outline of the operator licensing system, see Practice Note: Goods vehicle licensing. The Commissioners are independent statutory licensing authorities, and may act against the vocational entitlement of bus, coach and lorry drivers who commit road or related offences. They operate under the direction of the Secretary of State. Compliance with licence standards and road transport law is enforced by the Driver and Vehicle Standards Agency ( DVSA) and the police. For information on those bodies’ powers and an overview of enforcement, see Practice Note: Goods vehicles—enforcing transport compliance. Although, in some areas, the DVSA and the local Traffic...
Remedies for misuse of private information and breach of confidence This Practice Note concentrates on the relief available where private information has been misused—whether through an actual or threatened publication, or by the manner in which personal information was obtained—and for breaches of confidence involving the disclosure of personal information. The principal forms of relief are damages and injunctions. Because the law in this field embraces a broad spectrum of factual circumstances, courts take a supple, case-sensitive approach to remedies. Thus, in one set of facts, the most effective way to vindicate the claimant’s privacy may be an injunction restraining an anticipated disclosure; in another, the defendant may already have disclosed the material without authority and derived a commercial gain. In that scenario, suitable relief may include compensatory damages or an order for an account of profits, together with an injunction stopping any further...
This Practice Note offers an overview of enforcement in Jersey, spanning subjects such as inconsistent decisions, costs, currency, the enforcement pathway, limitation, injunctive measures, recognition of judgments, service, pitfalls and the varieties of enforceable order. Although it refers to decisions of the Jersey courts, these are not reported by Lexis Nexis®, and therefore links to the judgments are not provided. Judgments ( Reciprocal Enforcement) ( Jersey) Law 1960 — the 1960 Law Judgments ( Reciprocal Enforcement) Act 1973 — the 1973 Act Judgments ( Reciprocal Enforcement) Rules 1961 — the Rules Questions and answers 1. Treaties—is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country's approach to entering into these treaties and what, if any, amendments or reservations has your country made to such...
This Practice Note sets out what the Common Assessment Framework ( CAF) is and how it operates, co-ordinating voluntary support for children and their families across multiple services. It explains when a CAF is suitable and when more formal intervention is needed. What is a Common Assessment Framework ( CAF) and when is it used? A CAF is a shared assessment and planning framework used across all children’s services and in every local area in England. The aims and objectives of the CAF are to: help practitioners working with children, young people and families to identify and assess additional needs provide earlier, more effective help to prevent, where possible, formal intervention develop a common understanding of needs and how to work together to meet them A core aim is to recognise needs early and arrange multi-agency support to prevent matters reaching crisis point. This is...
What is the community right to bid? The community right to bid was created by sections 87–108 of the Localism Act 2011 ( LA 2011), allowing local community organisations to nominate buildings or land for the local authority’s list of assets of community value. When listed buildings or land are to be sold or transferred, a moratorium of up to six months can be triggered, giving community groups a window to bid to purchase the asset on the open market. Crucially, the community does not have a right to buy the asset, nor a right of first refusal. Rather, the community is only permitted to make a bid (and is given time, during the moratorium, to put together a proposal for the asset). The owner is at liberty to decide to whom to sell and at what price. Although the LA 2011...
Understanding the impact of a corporate transaction on the company's share incentives Where a company undergoes a corporate transaction, existing share incentive awards over its shares are frequently affected. Identifying the likely effect at the earliest planning stage is essential, as share incentive considerations can prove decisive for the proposed structure, mechanics and/or timetable, and may otherwise force later changes to the transaction solely to accommodate them. This is particularly relevant where: a substantial proportion of the share capital is covered by share awards key individuals, or a significant part of the workforce, hold such awards there is an employee benefit trust ( EBT) This Practice Note outlines the steps typically required on any transaction when addressing its share incentives elements (see: Steps which will normally need to be taken below)......
This Practice Note explains the effects for an unmarried father of obtaining parental responsibility for his child Where an unmarried father is granted parental responsibility, the key consequences are: He is recognised as a ‘parent’ for adoption legislation and may therefore refuse consent to an adoption ( Sections 21, 47(2) and 52(6) of the Adoption and Children Act 2002; See Practice Note: Adoption—placement orders). He gains the right to remove his child (under 16) from local authority accommodation and, if willing and able to provide or arrange accommodation, can object to the child being accommodated at all ( Sections 20(7)–20(8) of the Children Act 1989 ( Ch A 1989)). He is automatically included as a party to care proceedings ( Family Procedure Rules 2010, SI 2010/2955, 12.3; See Practice Note: Public law children procedure— Public Law Outline). He has the power to...
ARCHIVED: This Practice Note has been archived and is not maintained . NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its existing 2015 arbitration rules, prompted by the increasing demands for adaptability and speed in the digital era and shifts in international arbitration practice following a revision programme launched in April 2021. Spanning more than 30 provisions, the Revisions address digital case administration, stepped arbitration clauses, jurisdictional matters, arbitrations arising from multiple contracts, procedural aspects and other complex topics. The Revisions take effect on 1 January 2024 and will govern all CIETAC arbitrations started on or after that date. CIETAC’s current arbitration rules have been in force since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW and presently mirrors CIETAC’s framework and functions as described in the CIETAC Rules 2015. This Practice Note concerns...
This Practice Note explains how to instruct a High Court Enforcement Officer ( HCEO) to execute a writ of control to enforce a court judgment by taking possession of the judgment debtor’s goods and selling them under the Taking Control of Goods procedure. For overarching guidance on executing a writ of control to enforce a court judgment, see Practice Note: Enforcing a writ of control. For general guidance on executing a warrant of control to enforce a County Court judgment, see Practice Note: Enforcing a warrant of control. Who are the High Court Enforcement Officers? High Court Enforcement Officers ( HCEOs), formerly known as Sheriffs, are private individuals authorised by the Lord Chancellor and the Ministry of Justice to execute: judgments or orders of the High Court County Court judgments or orders that have been transferred to the High Court (see Practice Note:...
Introduction to Musharaka—a profit and loss sharing instrument of Islamic finance At the heart of Islamic finance lies the maxim ‘no profit without risk’, ie no person should realise a gain unless they bear some degree of risk. This concept is most clearly shown through the application of profit and loss sharing instruments. For further detail on this principle, see Practice Note: Key principles of Islamic finance. This Practice Note examines Musharaka, an Islamic finance technique originally founded on profit and loss sharing and broadly analogous to a conventional partnership arrangement. In straightforward terms, a Musharaka is a partnership customarily entered into by two or more parties, not necessarily for a fixed term, and most commonly for the purpose of undertaking a business venture. In a typical Musharaka, each participant makes a capital contribution to the venture and profits and losses are shared between them. A...
Company records The Companies Act 2006 ( CA 2006) imposes specific duties on companies to keep particular records. Company records cover any: register index accounting records agreement memorandum minutes other documents required by the CA 2006 (or its predecessors) register of debenture holders A company may hold its registers in paper or electronic form, so long as statutory conditions are satisfied; for instance, if stored electronically they must be capable of being reproduced as a hard copy and safeguards should exist to protect against falsification. This Practice Note focuses on keeping records of shareholders’ and directors’ meetings. For information about a company’s registers, see Practice Notes: Company records—a company’s statutory registers and Company records—a company’s non‑statutory registers. Members' resolutions and meetings Records of resolutions, meetings and decisions of the sole member All companies are required to keep: copies of all...
Employment Tribunals ( Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 amended by Employment Tribunals ( Early Conciliation: Exemptions and Rules of Procedure) ( Amendment) Regulations 2025 SI 2014/254 amended by SI 2025/1153 SCHEDULE THE EARLY CONCILIATION RULES OF PROCEDURE Starting early conciliation 1 Satisfying the requirement for early conciliation To meet the requirement for early conciliation, a prospective claimant must— lodge a completed early conciliation form with ACAS in accordance with rule 2; or telephone ACAS in accordance with rule 3. 2 (1) Where an early conciliation form is presented to ACAS, it must be— submitted via the online form on the ACAS website; or sent by post to the ACAS address stated on the early conciliation form. (2) An early conciliation form must include— the prospective claimant’s name and address; and the prospective respondent’s name and...
Practice Note Establishing a clear, well‑considered and accessible framework for internal communications can help an organisation ensure they are handled efficiently and effectively. Accordingly, you should: pinpoint essential personnel and gather their insights draft an internal communications plan put the plan into action evaluate the plan This Practice Note focuses on creating, executing and evaluating a plan to manage communications. It is intended for in‑house legal and/or compliance teams. When should I use a communication plan? Effective colleague communication can determine whether an initiative or critical message succeeds or fails, particularly in a large organisation or one with colleagues spread across many offices. It is worth investing time in a formal plan for projects such as: rolling out a new or revised policy across the business introducing and training on a new system or process delivering difficult news, such as...
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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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