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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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Rights of way strategy formulation In 1987, the Countryside Commission formally set a national objective for Rights of Way. The intention behind this target was that, by 2000, every right of way would be legally defined, suitably maintained, and clearly publicised. Subsequent surveys in 1988 indicated that the likelihood of completing a two‑mile walk was no better than one in three. Although the national aim was widely supported, it rapidly became apparent that a government‑sponsored strategic framework, preferably tied to funding mechanisms, was necessary to be put in place. In response, the Countryside Commission introduced the ‘ Milestones Approach’ and required authorities to adopt it if they wished to draw on available grant‑aid funding schemes. Under this approach, authorities had to prepare a strategy document (a ‘ Milestones Statement’) setting out a clear sequence of milestones (benchmarks) for achieving each of the national target areas:...
Integrating artificial intelligence ( AI) into the workplace is reshaping organisational processes, presenting both benefits and risks. AI can take over routine tasks—such as filtering CVs or drafting job descriptions—freeing people to focus on higher‑value work, yet it also prompts concerns about bias and discriminatory outcomes, notably in human resources ( HR) decision-making (for example, task allocation and promotion). This practice note highlights the main legal considerations under Regulation ( EU) 2024/1689, the EU AI Act, and Regulation ( EU) 2016/679, the EU General Data Protection Regulation ( EU GDPR), and offers direction on achieving compliance. For an overview of the EU AI Act, see Practice Notes: The EU AI Act—snapshot and The EU AI Act and Requirements under the EU AI Act—checklist. For a catalogue of AI materials, see Practice Note: Artificial intelligence ( AI) resource kit. AI...
Investment and trading Charities draw income in various ways, and it is essential to separate investment from trade. At times the boundary is hard to spot, particularly with land. If a charity buys land intending to let it for rent, that amounts to an investment, as the aim is to produce rental return. By contrast, purchasing with a view to resale—perhaps for development—at an enhanced price places them in trading, because the profit on disposal is the objective. Some may say that, while the land is held, it effectively operates as an investment and only becomes trading property when it is sold, but that characterisation is unreliable where the real plan is to sell on at a higher price... The deciding factor is the charity’s original intention at acquisition. As stated in Trustees of BT Pension Schemes & Others v Clark ( HM...
EU designs This Practice Note addresses the infringement of EU designs. The registered Community design ( RCD) and the unregistered Community design ( UCD), together termed ‘ Community designs’, were established under Regulation ( EC) 6/2002. They constitute unitary design rights that extend across the entire EU and can be enforced throughout. In November 2022, the European Commission proposed two initiatives to update design legislation at both EU and national Member State level, aiming to make EU-level registration cheaper and simpler and to harmonise procedures between EU and national frameworks. The legislation was published in the Official Journal in November 2024 as: Regulation ( EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation ( EC) 6/2002 on Community designs and repealing Commission Regulation ( EC) 2246/2002 (the Amending...
This tracker is designed to monitor key consumer law cases. It compiles relevant Court of Justice opinions and judgements, organised by date, and spanning advertising and labelling, e-commerce, product liability and safety, provision of services, contracts, consumer disputes and enforcement. For further detail on the principal EU regulations and directives that protect consumer interests, see Practice Note: Key EU consumer legislation—summary. This tracker does not cover data protection cases. For EU data protection case law, see Practice Notes: EU GDPR—data protection case law tracker and Data protection cases before the Court of Justice of the European Union—tracker. 2026 Case Powszechna Kasa Oszczędności Bank Polski S. A. v MS et MS, Case C-753/24, ECLI: EU: C:2026:308 Date: 16 April 2026 Find out more: Court of Justice rules on unfair terms concerning supplier restitution. The Court held that Article 7(1) of...
This Practice Note outlines the statutory entitlement (subject to statutory qualifying criteria) of a tenant holding a long lease of a flat to acquire a 90-year extension of that lease under the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993). It includes guidance on valuation and the assessment of the premium; procedure, including service of a section 42 notice and a section 45 counter-notice; the position of intermediate landlords; registration; assignment; initial deposit; consequences of non-compliance; terms of the new lease; First-tier Tribunal ( FTT) (or Leasehold Valuation Tribunal ( LVT) in Wales) and County Court procedure; payment of the premium; completion; and withdrawal of claim. For a table setting out common statutory time limits in the lease extension procedure, see Practice Note: Quick guide to time limits for lease extensions under the Leasehold Reform, Housing and Urban...
The RTM company Only a right to manage company can obtain and then use the right to manage. Such a company must be a private company limited by guarantee, and its objects must include the right to manage. In England, the form of the company’s articles is set by the RTM Companies ( Model Articles) ( England) Regulations 2009, SI 2009/2767; in Wales, by the RTM Companies ( Model Articles) ( Wales) Regulations 2011, SI 2011/2680 (together, the Articles Regulations). There is no requirement for the company’s name to contain the letters ‘ RTM’ ( Fairhold Mercury v HQ ( Block 1) Action Management). The articles of association must also describe the premises with adequate precision......
This Practice Note sets out: the powers available to the court to enforce undertakings when those powers are likely to be exercised A breach of an undertaking will generally amount to professional misconduct and can be addressed by the SRA, but the SRA cannot itself enforce compliance with an undertaking. For further guidance, see Practice Note: Undertakings and the SRA. Take care when accepting undertakings from freelance solicitors and non- SRA firms, including solicitors working within non- SRA firms. For more guidance, see Practice Note: Dealing with freelance solicitors. Also note that the court lacks inherent jurisdiction over incorporated law firms (companies and limited liability partnerships). This is explained at section: The court's inherent jurisdiction. What is an undertaking? An undertaking is: a statement, given orally or in writing (even if it does not use the word 'undertake' or...
What is a 'market flex' provision? A market flex clause grants arrangers and underwriters limited leeway to adjust financing terms after the relevant facility agreement has been signed. As they arrange and underwrite the transaction, these provisions help them distribute the debt to the market and cut their exposure to the borrower to an agreed minimum hold level. Typical wording allows the arrangers or underwriters to alter certain key aspects of the financing to make it more appealing to potential lenders, particularly in more difficult or volatile market conditions. It is usually addressed in the mandate letter or the arrangement/underwriting fee letter. For more information on mandate letters, see Practice Note: Mandate letters. For more on the role of arrangers and underwriters in loan transactions, see Practice Note: The finance parties. When can market flex be used? These provisions can be used by the...
Before 6 April 2014, where a claimant succeeded before an employment tribunal, the tribunal’s remit was limited to granting the available remedies for the particular claim and making costs orders (see Practice Note: Costs in the employment tribunal). It could not impose a sanction on the respondent employer for the breach of employment law itself. As of 6 April 2014, section 12A of the Employment Tribunals Act 1996 ( ETA 1996) introduced a statutory power for tribunals to require any respondent employer to pay a financial penalty where a worker’s rights have been breached with aggravating features. For contraventions commencing on or after 6 April 2019, the ceiling for such penalties is £20,000 (see: How the financial penalty is calculated below). With effect from 6 April 2016, ETA 1996, s 37F empowered enforcement officers, appointed or authorised by the Secretary of State, to issue...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 14 November 2025; it is no longer maintained. See further, timeline. Case facts Outline European Commission FSR review of the planned acquisition of Covestro ( FS.100156) by Abu Dhabi National Oil Company PJSC. The deal features vertical intersections concerning the supply of chemical products. Latest developments On 14 November 2025, the Commission authorised the deal subject to commitments. On 13 February 2024, the Commission also cleared the transaction with commitments. It considered that the merger threatened competition in the following areas: air cargo transport services between Europe and South Korea; and passenger air transport on routes linking Seoul to specific destinations in Europe, notably Barcelona, Paris, Frankfurt and Rome. To alleviate these concerns, Korean Air pledged to: divest Asiana’s worldwide cargo freighter business; and provide rival carrier T' Way with the...
The table below records every concluded European Commission in‑depth probe under the Foreign Subsidies Regulation ( EU) ( Regulation 2022/2560) (the FSR). For details on all ongoing Commission FSR enquiries, refer to: Foreign Subsidies Regulation—ongoing cases tracker. For information on appeals pending before the General Court, see: General Court FSR appeals—ongoing cases tracker. 2025 Case ( Case number) Type of assessment Industry sector Latest......
STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), with the President of the Family Division’s approval, now supersedes and replaces the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of...
Practice Note: Orders under section 91(14) of the Children Act 1989 This Practice Note outlines the overarching principles governing orders made pursuant to section 91(14) of the Children Act 1989 ( Ch A 1989), which operate to restrain further applications under that Act unless and until the court grants leave. It identifies the prerequisites for an order under Ch A 1989, s 91(14) (s 91(14) orders), the period an order may run, and the matters the court ought to weigh. It then addresses guidance for cases involving litigants in person. Ch A 1989, s 91(14) states that, when disposing of any application for an order under Ch A 1989, the court may direct that no application for an order under that Act of any specified kind shall be issued concerning the child in question by any person named in the order without the court’s leave. This...
This Practice Note This Practice Note outlines the initial actions to be weighed and undertaken for a contempt application within family proceedings under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 37 (commonly called ‘committal proceedings’). It addresses the mandatory formalities before issuing any contempt application, such as (where applicable) the requirement for a penal notice on the order said to be breached, and the requirement for personal service of that order on the defendant. It also reviews the various categories of contempt. A pre-application checklist is provided. For further guidance on progressing a contempt application, including the rules for an application notice and service, see Practice Note: Family contempt proceedings—making and serving the application; and for guidance on the hearing of contempt proceedings—covering the standard of proof in a contempt application and the court’s available powers—see Practice Note: Family...
Practice Note This Practice Note outlines the procedural requirements for applications under Schedule 1 to the Children Act 1989 seeking capital or maintenance for a child. It also addresses the financial remedy framework in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, the court’s power to vary orders made under Ch A 1989, Sch 1, and the relevant costs regime. Applications under Ch A 1989, Sch 1 are governed by FPR 2010, SI 2010/2955. While an order under Sch 1 is a ‘financial remedy’, these proceedings are not ‘financial remedy proceedings’ as defined in FPR 2010, SI 2010/2955, 28.3(4)(b); accordingly, the usual ‘no order as to costs’ position does not apply—see: Costs in Schedule 1 cases. The fast‑track (shortened) financial remedy route previously applied to all Sch 1 applications; however, only an application seeking periodical payments alone will be dealt with...
Practice Note This Practice Note summarises the eight bases on which a marriage is voidable under section 12 of the Matrimonial Causes Act 1973 and reviews the pertinent case law. The grounds include: Inability to consummate Deliberate refusal to consummate Absence of consent (including forced marriage protection orders) Mental disorder Venereal disease Pregnancy Interim gender recognition certificates Situations concerning acquired gender From 6 April 2022, the provisions of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect. While DDSA 2020 altered the law for proceedings involving divorce, dissolution and judicial separation, it did not change the substantive law governing nullity. Accordingly, the grounds on which a marriage or civil partnership is void or voidable remain as before. There are, however, consequential procedural amendments under the updated Family Procedure Rules 2010 ( FPR 2010), SI...
Expert determination is a form of alternative dispute resolution ( ADR). This Practice Note outlines expert determination for technical or contract interpretation disputes. It describes the process, addresses how the parties agree to select or appoint the expert, and considers the expert’s jurisdiction. It also covers the binding effect of the expert’s decision, as well as procedure, limitation and potential claims against experts. For general guidance on ADR and other options, see the following Practice Notes: What is ADR? Which form of ADR? What is expert determination? Expert determination is a binding mechanism where an independent expert in the relevant discipline decides a dispute between parties in accordance with provisions they have agreed. It is most often used where an existing agreement provides for referral of a particular issue to an expert. It is especially suited to technical disputes, such as: Rent...
What is the National Energy System Operator ( NESO)? For comprehensive analysis of regulation, consenting and incentivisation for the net zero energy transition in England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook offers detailed treatment and context for matters addressed in this Practice Note. NESO is an independent public corporation created under the Energy Act 2023 ( En A 2023) charged with planning Great Britain ( GB)’s electricity and gas networks, as well as operating the electricity system. Its remit focuses on delivering a net zero energy system for GB whilst balancing sustainability, affordability, flexibility and security of supply, in practice and over time. Following postponement of the original launch planned for summer 2024, NESO became fully operational on 1 October 2024 (described in this Practice Note as ‘day 1’). For further details, see: LNB News...
What is the legal basis of key industry codes in the GB electricity market? The cornerstone statute governing the electricity industry in mainland Great Britain ( GB) is the Electricity Act 1989 ( EA 1989), which established the structure of the market we recognise today. Since it came into force, the EA 1989 has undergone numerous amendments arising from various UK government policy developments and, prior to Brexit, measures originating from the EU, as incorporated into the consolidated version of the EA 1989 linked in this Practice Note. The EA 1989 sets out a regulatory regime that mirrors the standard model adopted by other regulated utility industries in GB; namely, it is prohibited to undertake specified activities connected with, in this instance, electricity, unless the person is properly authorised to do so. For further detail on the regulatory regime for the GB...
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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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