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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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The obligations for supervising trainees stem from the SRA Codes of Conduct and the SRA’s specific regulatory rules for authorised training providers that run training contracts. What is required varies slightly according to whether an individual is on a formal training contract or progressing to qualification via the Solicitors Qualifying Examination ( SQE). This Practice Note sets out what is expected of you when you supervise, track and evaluate trainees and SQE candidates. It mirrors the requirements of: the SRA Codes of Conduct, which set out the SRA’s core supervision standards generally — see section: Supervision—core requirements the SRA Education, Training and Assessment Provider Regulations — see section: Standard of training guidance on supervising trainees published on the SRA website Induction and other support It is considered good practice to deliver an induction for all trainees, including SQE candidates you employ to obtain...
For comprehensive and authoritative commentary on regulating, consenting and incentivising the net zero energy transition under the law of England and Wales, see Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides thorough, in‑depth analysis of topics addressed in this Practice Note. How are renewable energy projects typically structured? In most renewable generation schemes (particularly where project finance features), a special purpose vehicle ( SPV) is formed to hold the assets and to enter into the key project contracts. Construction and operations are usually contracted out, and financiers may insist that main contractors sign direct agreements, deferring termination rights so the funders can exercise step‑in rights (these arrangements are not depicted in Diagram A below). That position will almost invariably apply where the renewable project is project financed. For additional practical guidance on financing energy, power and...
This Practice Note considers the role of state immunity in relation to arbitration proceedings in general terms. For fuller and more detailed guidance on state immunity and arbitration in the United Kingdom under the State Immunity Act 1978 ( SIA 1978), consult Practice Note: State immunity in proceedings relating to arbitration ( England & Wales). In addition, for additional Practice Notes covering state immunity across a range of jurisdictions around the world (including China, Russia and Singapore), refer to the ‘ State immunity’ subtopic: State immunity and arbitration—overview. In the modern global economy, commercial actors regularly deal with states and entities owned or controlled by states when pursuing overseas investment prospects or entering into cross-border agreements. As with dealings exclusively between private parties, participants in such international arrangements are increasingly selecting international arbitration to resolve prospective disputes rather than pursuing court...
This Practice Note examines the place of state immunity in connection with arbitration proceedings in the British Virgin Islands ( BVI), and its interaction with arbitral processes. For an overview of state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity across jurisdictions around the world (including England and Wales), see our ‘ State immunity’ subtopic: State immunity and arbitration—overview. Introduction and background This Practice Note explores the subtle yet significant topic of state immunity in the BVI within the sphere of commercial arbitration agreements. When a state or a state-owned body joins a commercial contract, the private counterparty will invariably wish to be confident that any dispute between them and any resulting award against that entity can be properly enforced. This concern is particularly acute where the state may assert ‘state immunity’ in order to...
ARCHIVED: This Practice Note has been archived and is not maintained. A wide-ranging overhaul of the UK listing framework took effect on 29 July 2024, abolishing the premium and standard segments and introducing a single listing class for equity in commercial companies. This commercial companies class is strongly disclosure-led and sits alongside other categories, including shell companies, secondary listings and closed-ended investment funds. These categories operate in parallel within the overall regime. To deliver these reforms, the UK Listing Rules sourcebook commenced and the previous sourcebook was withdrawn. For more detail see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note describes the position before 29 July 2024 and is kept solely for reference. It examines the rules applying to sponsors, covering admission as a sponsor, sponsor competence, the principles governing sponsors, systems and controls, and the sponsor’s duties to the issuer and to the...
This Practice Note This Practice Note examines how the courts approach specific disclosure under CPR 31.12, together with considerations under article 6(1) and article 8 of the European Convention on Human Rights ( ECHR). It sets out the principles applied (including in procurement matters) and addresses: confidentiality; enhanced disclosure or train of enquiry material; documents cited in statements of case and witness statements; and compliance with an order for specific disclosure and/or specific inspection. The interaction with applications for further information under CPR 18 is also considered. Finally, it provides practical tips on specific disclosure. This Practice Note offers guidance on interpreting and applying the relevant CPR provisions. Depending on the court in which your case is proceeding, you may also wish to follow additional court-specific guidance noted below. The Practice Note considers the courts’ approach to specific disclosure under CPR 31.12 and should be read...
Loan market and developments Consumer lending to Spain’s private sector has remained on a steady course overall, reaching €181.46bn in December 2024. This sits close to the long-term average of €187.53bn recorded from March 2007 to December 2024, pointing to a stable yet lively lending environment. This trend reflects a market that remains resilient and active. Strong growth is anticipated in 2025 and 2026, supported by Spain’s broader economic upswing. GDP expanded by 3.2%, helped by a services‑led economy, limited dependence on energy‑intensive activities, and a reviving tourism industry. Credit financial institutions continue to gain ground, especially within Buy Now Pay Later ( BNPL) offerings. Spain’s BNPL segment, having grown robustly between 2021 and 2024, is forecast to rise by 11.6% in 2025, reaching US$8.91bn. From January to March 2025, credit extended by financial institutions has been broadly unchanged, while fixed interest rates have edged...
What are site waste management plans? Site Waste Management Plans ( SWMPs) were created to bring stronger rigour and openness to tracking waste movements across numerous schemes in the property and construction industry. First adopted as a best practice tool, they later gained effect via the Site Waste Management Plans Regulations 2008 ( SWMP Regulations), SI 2008/314; these were then repealed in 2013 under the Government’s ‘ Red Tape Challenge’, returning SWMPs to a non-statutory status. Despite this, many organisations still operate some form of SWMP, viewing it as an industry norm for the efficient identification, classification and control of wastes (and materials) higher up the waste hierarchy and prior to site works commencing (so that benefits can be realised from design etc to eliminate or plan to re-use wastes). As such, they remain widely referenced as an industry standard for...
Compulsory interviews under Criminal Justice Act 1987, s 2—section 2 interviews Compulsory interviews conducted under section 2 of the Criminal Justice Act 1987 ( CJA 1987) are an investigatory power bestowed on the Serious Fraud Office ( SFO) to probe any suspected offence that involves serious or complex fraud as part of its investigative remit. The section 2 interview power authorises the SFO to compel: the attendance of witnesses at interview answers to questions posed during such interviews the production of documents The procedure is set in motion by issuing a section 2 notice. The Director of the SFO may delegate investigative functions under CJA 1987, s 2 to members of the SFO, or to any competent investigator (other than a constable), for the purpose of investigating the affairs specified in the grant of the authority. Evidence of that authority must be produced to the person before they are bound to...
Protected characteristics This Practice Note examines the meaning of the protected characteristic of sexual orientation for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 ( Eq A 2010), namely: orientation towards persons of the same sex orientation towards persons of the opposite sex orientation towards persons of either sex It draws on case law guidance, including whether an actual and/or perceived sexual orientation is protected. Although the statutory wording does not, on its face, extend to sexual practices or sexual conduct, there is frequently a link between certain behaviours and a particular sexual orientation, and that connection may itself attract protection. For a guide to our materials on protections and liabilities arising from acts and omissions that amount to sexual orientation discrimination, or other forms of prohibited conduct linked to sexual...
A developer of a housing estate or another facility will normally need to install sewers and drains to manage both domestic sewage and surface water effectively. Sections 21 and 22 of the Building Act 1984 empower a local authority to insist that drains are connected to sewers in certain circumstances clearly defined. Construction specifications Where a sewerage undertaker judges that a proposed sewer could be required as part of its wider sewerage network, it may, where appropriate, insist that the developer—excluding a railway, canal, dock or harbour undertaker carrying out works on its own land—constructs it to the undertaker’s own specification. Any such stipulation must not conflict with, or go beyond, the standards prescribed under s. 106B of the Water Industry Act 1991 ( WIA 1991). Please note that in Wales, the relevant parts of s 106B, inserted by section 42 of the Flood and Water...
This Practice Note looks at pensions-related issues that can arise under settlement agreements within the arena of English law. Settlement (or compromise) agreements are frequently used in the employment law sphere to resolve and conclude outstanding claims brought by employees against employers (and vice versa), particularly on the termination of employment. These claims can stem from multiple sources, such as statutory rights, contractual obligations in the relevant employment contract(s), or from common law areas including tort, for example allegations of negligence. statute the relevant contract(s) of employment, or areas of common law such as tort (for example, claims alleging negligence) Claims may arise at any point in the employment lifecycle—at recruitment, during the period of employment, or upon departure—and can involve intricate and costly issues. This is particularly true where the settlement agreement concerns senior executives, which is frequently the...
This Practice Note presents an overview of the key features of the UK‑ EU Trade and Cooperation Agreement ( UK‑ EU TCA) that pertain to trade in services between the UK and the EU. It explains the TCA’s scope for services and the generally applicable principles, including Market Access, National Treatment, Most Favoured Nation ( MFN), Domestic Regulation, performance requirements, recognition of professional qualifications, entry and temporary stay of persons for business purposes, and the nationality of senior management and boards. It also outlines disciplines tailored to delivery services, telecommunications services, financial services, international maritime transport services, and legal services. Introduction to the UK- EU Trade and Cooperation Agreement On 24 December 2020, UK and EU negotiators reached a deal defining their future relationship. The UK‑ EU TCA is a comprehensive accord responding to the UK’s withdrawal from the EU’s internal market ( Brexit)....
This Practice Note explains the rules for serving notices and other documents during arbitration, pursuant to sections 76–77 of the Arbitration Act 1996 ( AA 1996). It should be read alongside the guidance on commencing arbitration under the AA 1996—see, for example, Practice Note: AA 1996—starting an arbitration. The approach to service adopted by the AA 1996 is adaptable, intended to guarantee that some means of service can be achieved in almost all cases, save for the exceptional situations outlined below. The parties are equally at liberty to determine how service is to occur in their arbitration, and the court has no authority to disturb that agreement ( AA 1996, s 76, a non-mandatory provision of the Act). Service of notices and other documents Note that section 76(5) makes plain that section 76 does not apply to the service of documents for the purposes of legal...
What is a service charge? A service charge is a sum a tenant may have to pay to a landlord under a commercial lease to reimburse the landlord for services they provide in connection with the common parts and for the upkeep of the property. Commonly, this applies where multiple tenants occupy one property, for example a shopping centre, and the landlord looks after the communal parts of the building for everyone’s benefit. In most contemporary leases the tenant pays the service charge on account, before the landlord incurs the expenditure, calculated from an estimate of the next year’s costs. At the close of the accounting period a reconciliation is prepared and any shortfall or surplus is settled by or to the tenant. Sometimes, earlier forms of lease stipulate that the landlord must meet the outlay first. For more detail on service charges...
Introduction to separation orders for civil partnerships where proceedings were issued before 6 April 2022 This Practice Note outlines separation orders for civil partnerships where proceedings were started before 6 April 2022. It details the requirement to demonstrate one of the four facts under the Civil Partnership Act 2004 ( CPA 2004), and also refers to making an application for dissolution after a separation order has been made. Unreasonable behaviour Desertion Separation for two years with consent Separation for five years The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after that date are governed by DDSA 2020 and the procedural changes within the amended Family Procedure Rules 2010 ( FPR 2020), SI 2010/2955. For further guidance, see Practice Note: Introduction to the Divorce,...
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT will be replaced by a single, self-assessed tax on securities—the securities transfer charge ( STC)—to be paid and filed through a new online portal. The STC’s core features will broadly reflect the proposals consulted on in 2023. Finance Bill 2026 ( FB 2026) introduces a power, effective from Royal Assent, to make secondary legislation enabling taxpayers to test the digital service by self-assessing their stamp taxes on securities liabilities and reporting transactions electronically. For further detail on the modernisation of stamp taxes on securities, see News Analyses: Budget 2025— Tax analysis— Stamp and transfer taxes, Tax update spring 2025— Stamp taxes on shares modernisation, Tax update spring 2025— Tax analysis— Stamp and transfer taxes, TAMD 2023— Stamp taxes on shares...
Fire and building safety sit within devolved competence. In Scotland, the framework for non-domestic premises is principally set out in Part 3 of the Fire ( Scotland) Act 2005 ( F( S) A 2005) together with the Fire Safety ( Scotland) Regulations 2006, SSI 2006/456, which regulate the safe operation of non-domestic premises. Non-domestic premises include: all workplaces and commercial premises all premises to which the public have access all types of houses in multiple occupation The common parts of non-domestic premises do not fall within Scottish fire safety legislation. This is a notable distinction from England, where the Regulatory Reform ( Fire Safety) Order 2005, the equivalent regime, extends to the common parts of residential buildings. Building regulations set fire safety standards for new construction. However, building regulations requirements relating to fire safety lie beyond the ambit of this Practice...
This Practice Note cites: the Insolvency Act 1986, referred to as IA 1986, and the Companies Act 2006, referred to as CA 2006 What is a scheme of arrangement? A scheme of arrangement is a compromise, approved by the court, between a company and its creditors and/or members. Its scope can encompass any matter that the company and its members or creditors could not otherwise settle among themselves; the scheme mechanism enables such a compromise to be implemented without securing support from every interested party. Owing to their adaptable nature, schemes are frequently used in complex restructurings and have been successfully deployed in several notable restructurings, including Telewest, Tele Columbus Group and British Vita. The main benefits of schemes include: there is no requirement to establish insolvency, so steps can be taken early at the first indications of distress (and schemes can address...
SAYE share option schemes When an employee is granted a share option under a Schedule 3 save as you earn ( SAYE) scheme, they benefit from the following tax advantages, provided the option is exercised in one of the circumstances set out in the legislation: no income tax due at grant no income tax when exercising the option no income tax on any discount in the exercise price ( SAYE options can be offered with up to a 20% discount to the market value of the shares at the award date) no income tax on any savings bonus at the bonus date or, if the savings contract ends early, on any interest payable by the savings carrier under the savings contract no National Insurance contributions ( NICs) or apprenticeship levy capital gains tax ( CGT) on disposal of 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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