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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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This Resource Note summarises the core features of Rule 26 of the City Code on Takeovers and Mergers (the Code), which governs the requirement to place specified documents, announcements and information on a website during an offer. It flags relevant materials, commentary and guidance from the Panel, alongside Lexis+® UK analysis and resources, to deliver practical direction on interpreting and applying Rule 26. Code and Lexis+® UK resources Practice Statements issued by the Panel Executive (the body that carries out the day-to-day work of takeover supervision and regulation) ( Executive), offering informal guidance on how the Executive typically interprets and applies the Code Panel Statements published by the Panel ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) published by the Code Committee Annual Reports published by the Panel discussing general matters ( Annual...
Issues of vesting While it is evident that the recipient of a gift must be identified, it is equally vital to establish when the gift vests, as this affects who is included or excluded. The doctrine of early vesting is commonly applied: it provides that a gift vests at the date of the testator’s death, or at the earliest practicable moment thereafter in the circumstances, whether relating to real or personal estate. Care must be taken with this rule of convenience; for example, a contingent gift should not be interpreted so as to vest sooner than the testator intended. Where no specific time for vesting is stated, the gift will ordinarily vest on the testator’s death unless that would clash with other terms of the Will, or it can be shown that the testator meant the gift to take effect later. In general, the...
This Practice Note examines an adjudicator’s right to be paid their fees and expenses, their authority to decide who bears that cost, the scope to contest the ‘reasonableness’ of an adjudicator’s fees, and what happens if an adjudicator delivers an unenforceable decision (for example, because they have breached principles of natural justice). It also considers who must meet those sums. Ordinarily, on appointment an adjudicator will issue terms and conditions of appointment, setting out how they will be remunerated. Those terms may expressly address circumstances where the adjudication concludes early (for whatever reason) or where the decision is unenforceable. The Practice Note is largely concerned with situations where no terms and conditions are issued, or where they do not deal with the material scenarios, including where such terms are silent on key issues. In particular, it considers the relevant provisions of the Scheme for...
This Practice Note outlines the general principles the court applies to applications for summary judgment under CPR 24. It signposts the two-stage test in CPR 24.3, clarifies the notions of ‘real prospect of success’ and ‘compelling reason for trial’, and identifies Easyair v Opal Telecom as the leading authority. It also describes the practical judicial approach to such applications, including the burden of proof, handling factual disputes, and points of law... Amendments to CPR Part 24 and CPR PD 24—1 October 2023 From 1 October 2023, the CPR provisions relevant to summary judgment were amended: CPR Part 24 was substituted and CPR PD 24 revoked. The intention was to streamline the rules without materially changing the substantive law or practice. The numbering and placement of certain provisions have moved. As a result, authorities issued before 1 October 2023 may refer to the former text and...
What is a CVA? A company voluntary arrangement ( CVA) is a form of insolvency that permits a company to enter a binding agreement with its creditors to compromise unsecured debts or otherwise agree how its affairs are handled. The directors continue to run the business, under the oversight of an insolvency practitioner. Retailers, particularly those with extensive property portfolios, frequently adopt so‑called ‘landlord CVAs’ to reset rental commitments and shut loss‑making stores. This note outlines how property law and landlord and tenant considerations may emerge under such a CVA. It highlights provisions commonly included in CVAs and explains how they tend to work in practice. Nevertheless, each CVA will vary according to the precise terms proposed. It is therefore vital to examine the CVA proposal carefully to assess its effect on creditors. This note does not provide detailed guidance on the...
What is a CVA? A company voluntary arrangement ( CVA) is a binding deal between a company and its creditors under Part I of the Insolvency Act 1986 ( IA 1986). It is the corporate counterpart to the individual voluntary arrangement ( IVA). A company does not need to be insolvent to propose a CVA. Brought in by IA 1986, Pt VIII, the CVA was a notable innovation in corporate rescue... In contrast to IVAs, CVAs were not initially the preferred route, with administrations commonly used instead, though they later regained traction for addressing landlord’s liabilities. Since the introduction of the Part 26A restructuring plan ( RP) in 2020, some mid to large companies have used RPs to compromise leasehold liabilities rather than a CVA (see the following Practice Notes)... Part 26A Restructuring plans—an introductory guide Part 26A...
This Practice Note examines the position of a security holder with an equitable mortgage or charge over land, and focuses on powers available to effect a sale of the charged property. It relates only to registered land. Mortgages and charges over land—a recap Security over land can be taken by way of mortgage or charge. Mortgage A mortgage may take one of two forms: legal or equitable. Legal mortgage of registered land A legal mortgage of registered land (whether the estate is freehold or leasehold) is created by either: a charge by deed expressed to be 'by way of legal mortgage' (commonly referred to as a 'legal charge') (section 85(1) of the Law of Property Act 1925 ( LPA 1925) (freehold) or LPA 1925, s 86(1) (leasehold)); or a charge at law of the registered estate to secure the payment of money (section 23(1)(b) of the Land...
ARCHIVED: This Practice Note is archived and no longer maintained. It is supplied for background information only. The Financial Industry Regulatory Authority ( FINRA) is an independent regulator for the US securities industry. As part of its remit, FINRA operates the sector’s largest dispute resolution forum. It addresses financial and business disagreements between investors, brokerage firms and individual brokers, as well as disputes between and amongst brokerage firms and brokers. These matters are handled through FINRA’s own arbitration process. FINRA has two Codes of Arbitration Procedure: the Code of Arbitration Procedure for Customer Disputes (the Customer Code or Section 12000 of the FINRA Rules)—which governs arbitration between investors and industry parties, and the Code of Arbitration Procedure for Industry Disputes (the Industry Code or Section 13000 of the FINRA Rules)—which governs arbitration between industry parties This note relates only to the Industry Code. For...
Context Compulsory purchase powers permit designated bodies, called acquiring authorities, to take land without the owner’s consent where Parliament has conferred authority, so that the body can deliver defined functions in the public interest. A person whose land is taken compulsorily will ordinarily be entitled to compensation. These powers exist only by virtue of statute. Numerous enabling provisions appear across Acts of Parliament; each will set out which body or bodies may acquire land and/or rights over land by compulsion, and the purposes for which acquisition is permitted. Typically, such provisions empower public authorities and government departments to obtain land and/or interests in land needed to perform their functions, but they do not delineate the particular plots to be acquired. Even where an acquiring authority benefits from enabling powers, it must still draft, make and secure confirmation of a specific CPO...
Background Decommissioning nuclear sites means addressing redundant plants that have finished their working lives. Planning for this work runs in parallel with the licensing framework overseen by the Office for Nuclear Regulation ( ONR). Its goals are to return the land to a condition suitable for alternative use, and to achieve both de-licensing and de-designation of the site. ONR identifies two decommissioning strategies used or considered in the UK: Immediate dismantling removes structures and radioactive materials soon after shutdown, aiming for swift release from nuclear regulatory oversight and constraints on future use. Deferred dismantling places the facility, including some or all radioactive material, into a safe storage state once nuclear fuel has been taken out. The plant is then decontaminated and taken down later, often several decades...
This Practice Note outlines and analyses the criminal offences arising under the Reporting on Payment Practices and Performance Regulations 2017 ( RPPPR 2017), SI 2017/395 (as amended by the Reporting on Payment Practices and Performance ( Amendment) Regulations 2024 ( RPPPR 2024), SI 2024/444) and the Limited Liability Partnerships ( Reporting on Payment Practices and Performance) Regulations 2017 ( LLP( RPPP) R 2017), SI 2017/425 (as amended by the Reporting on Payment Practices and Performance ( Amendment) Regulations 2025 ( RPPPR 2025), SI 2025/75), collectively referred to as ‘the Regulations’. RPPPR 2024, SI 2024/444, makes amendments to RPPPR 2017, SI 2017/395, principally in connection with the information that qualifying entities must publish for financial years starting on or after 1 January 2025. RPPPR 2025, SI 2025/75, has introduced changes regarding practices, policies, and performance related to retention clauses in qualifying...
The Insolvency Act 1986 ( IA 1986) establishes a distinct fraud offence connected to obtaining approval for a company voluntary arrangement ( CVA). Prosecution may take place in the magistrates’ court or the Crown Court. Elements of the offence The offence arises where: an officer of the company makes any false representations, or acts fraudulently, or fails to act, with the aim of securing the approval of the company’s members or creditors to a proposal for a voluntary arrangement This is so even if the proposal is ultimately not approved. Officer of the company For IA 1986, Pt I, the term ‘company’ means: a company registered under the Companies Act 2006 ( CA 2006) a company incorporated in an EEA State (that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as...
Japanese knotweed locations Japanese knotweed occurs across most of the nation. It thrives even in poor-quality or polluted substrates, colonising fringe patches of wasteland in cities and running beside railway corridors. As the bulk of the plant sits underground, it requires only a tiny patch of exposed soil to send up new shoots. Its ability to exploit neglected margins makes it prevalent in built-up districts. See Practice Note: Japanese knotweed—management. The legal framework While there is no statutory duty to eradicate Japanese knotweed or notify regulators, its spread can give rise to civil and criminal exposure and can negatively influence the value, saleability and insurability of land. Civil liability A neighbour may pursue a common law action against a landlord or tenant where Japanese knotweed interferes with their enjoyment or harms their land. See Practice Note: Private nuisance—general principles. The advance of Japanese knotweed into adjoining land can also...
Archived: This Practice Note has been archived and is no longer being updated. The Insolvency Service examines companies that have entered formal insolvency proceedings, including administration, administrative receivership, and voluntary liquidation, throughout England, Wales and Scotland. These enquiries arise once a company is formally insolvent. Who may the Insolvency Service investigate? The Insolvency Service may enquire into those who have exercised control over a company, regardless of whether they are labelled a director. Beyond appointed directors and individuals acting as directors without lawful appointment, the Service can scrutinise the behaviour of shadow directors and others who directed a director, later disqualified, to behave in an unfit way. In relation to a company, a shadow director is a person whose directions or instructions the company’s directors are accustomed to follow. The Company Directors Disqualification Act 1986 ( CDDA 1986) extends to both natural persons and...
Implying terms into a contract is a broad and intricate branch of law. At times, a certain provision is read into every agreement of a given class, whether arising from statute or the common law. In other situations, implied provisions supply language absent from the written bargain by reference to what the parties originally meant on formation, so the arrangement functions as intended. This Practice Note considers implied provisions in construction contracts—for fuller discussion of implied terms in general, and the distinction between terms and representations, see Practice Note: Contract interpretation—express terms in contracts. What are implied terms? An implied term is a provision not expressly settled between the parties and so not recorded in the contract. It will be read into the agreement for a range of reasons and in a variety of circumstances—for example, where it is necessary to give the contract...
CASE HUB Archived This archived case hub records the position as at the date the transaction was abandoned on 25 April 2020; it is no longer updated. See further, the timeline and commentary. Case facts Outline: European Commission merger review into the proposed purchase by Boeing Company of Embrace SA’s commercial aviation business, together with related operational and engineering capabilities, and the parties’ intended joint control of the joint venture, EB Defence LC ( Case M.9097). The deal presented horizontal overlaps in the markets for manufacturing commercial aircraft. Latest developments On 25 April 2020, Boeing Company announced it had called off the transaction. On 8 May 2020, the notification to the Commission was abandoned and withdrawn. Parties Boeing Company ( Boeing): Boeing is an American aerospace and defence corporation headquartered in Chicago, Illinois. Boeing designs, builds, and sells commercial aeroplanes, military aeroplanes, and spacecraft, as well as defence, space, and...
This Practice Note sets out duties on energy market participants in Great Britain under Retained Regulation ( EU) No 1227/2011, referred to as ‘ GB REMIT’. It explains REMIT’s purpose and scope in Great Britain ( GB); the responsibilities of market participants and other participants in the market; the bans on insider dealing and market manipulation; and practical steps for publishing and disseminating inside information. The Practice Note also addresses key enforcement provisions and measures in GB. What is the impact of Brexit on GB REMIT? Brexit played a significant part in shaping GB REMIT, which had previously aligned with the (broadly) corresponding EU REMIT, as explained further in the sections below. Following Brexit, regulatory divergence between GB REMIT and EU REMIT is expected to grow as the frameworks develop separately over time. Great Britain At precisely 11 pm ( GMT) on 31 December 2020, the Brexit...
Duty to distribute to the correct beneficiaries When a trust concludes, trustees are obliged to transfer the trust property to the proper beneficiaries. Misdistribution exposes trustees to potential liability for breach of trust; however, they may ask the court to grant relief where their conduct was honest and reasonable... Relief for honest and reasonable conduct If the court considers that a trustee is, or could be, personally liable for a breach of trust, but finds they acted honestly and reasonably, and should fairly be excused both for the breach and for not seeking the court’s guidance, it may relieve them from personal liability, in full or in part. ‘ Honestly’ signifies acting in good faith, while ‘reasonably’ reflects prudent behaviour. This relief is discretionary, and in exercising that discretion the court will weigh the interests of both trustees and beneficiaries when deciding whether, and to what...
Consequences of non-compliance If any requirement in a remediation notice remains unmet, the enforcing authority will need to decide whether to: prosecute commence civil proceedings carry out the remediation work itself Prosecution for non-compliance Offence Failing, without reasonable excuse, to comply with any requirement in a remediation notice is an offence. A person may therefore be prosecuted even where there has only been partial compliance with the notice. Whether someone has a reasonable excuse for non-compliance is a question of fact to be determined by the specific circumstances of the case......
Any claim arising from a fatality may proceed under one or both of the following: the Law Reform ( Miscellaneous Provisions) Act 1934 ( LR( MP) A 1934), which permits the deceased’s estate to bring an action the Fatal Accidents Act 1976 ( FAA 1976), which enables dependants, within defined categories, to claim for loss of dependency LR( MP) A 1934—pain, suffering and loss of amenity ( PSLA) The estate may claim for the pain, suffering and loss of amenity experienced by the deceased before death. In brief: Pain and suffering turns on the deceased’s subjective awareness of injury It can include the deceased’s recognition of a reduced life expectancy Loss of amenity is not contingent on awareness of injury Factors to consider when assessing PSLA include: the intensity of pain and suffering level of...
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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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