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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 Practice Note includes references to case law from the Court of Justice of the European Union. For guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law — Assimilated case law. Legislative framework Broadly, employees engaged on fixed-term contracts are protected against: treatment that is less favourable than that afforded to colleagues on contracts of indefinite duration, and abuse arising from a succession of fixed-term contracts These statutory protections derive from the Fixed-term Employees ( Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034 (the Fixed-term Regulations). The Fixed-term Regulations took effect on 1 October 2002 to give effect, in domestic law, to the provisions of the Archived Fixed-term Work Directive 1999 (as it had effect immediately before IP completion day). Although the Fixed-term Regulations form part of domestic law, the directive itself does not. The...
Spouse and civil partner Those eligible to bring a claim include: the deceased’s spouse or civil partner a former spouse or former civil partner of the deceased, but not someone who has entered a further marriage or civil partnership In practice, a spouse or civil partner is a commonly seen category of claimant. A spouse or civil partner can apply under I( PFD) A 1975 against the estate of their deceased spouse or civil partner where the distribution effected by the Will, the intestacy regime, or a mix of both, fails to make reasonable financial provision. For help on the standard of reasonable financial provision for a spouse or civil partner, see Practice Note: Family provision claims—reasonable financial provision. Marriage The claimant must demonstrate they were the deceased’s spouse or civil partner at the date of death. The marriage needs to be recognised under English law. In most...
CASE HUB NOTE—appeal lodged before the Court of Justice in Cases C-806/19 P and C-883/19 P ARCHIVED —this archived case hub records the state of play as at the judgment dated 24 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline: Appeal brought before the General Court challenging the Commission’s decision of 7 December 2016, which found infringements and levied fines on three banks that did not settle, due to their involvement in a cartel in the Euro interest rate derivatives ( EIRD) market ( Case AT.39914). Latest developments On 24 September 2019, the General Court delivered its judgment, largely confirming the Commission’s conclusion that HSBC Holdings plc took part in a single and continuous infringement of Article 101(1) TFEU. Nonetheless, the General Court set aside the fine imposed on HSBC Holdings plc because the Commission provided...
The EU has put in place an extensive legal framework so that consumers obtain accurate, clear and consistent details about food bought within the EU. Regulation ( EU) 1169/2011 on the provision of food information to consumers ( FIC) sets out the core principles, requirements and duties governing food information—particularly food labelling—across the EU. This Practice Note summarises the obligations placed on food business operators ( FBOs) under the FIC. It describes the legislation that dictates how food labelling content and presentation must be delivered in the EU, outlines the distinct responsibilities along the food supply chain, and flags the potential revision of the FIC. For details on UK rules for food information and food labelling, see Practice Note: Food information and food labelling law. Key information FIC title: Regulation ( EU) 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the...
UK status As of 31 January 2020 (exit day), the UK ceased to be a Member State of the EU. For a limited period under the Withdrawal Agreement, there was an implementation phase during which EU law continued to apply to the UK. From 1 January 2021, however, the principal operative elements of Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency [ EU Recast Regulation on Insolvency] concerning automatic recognition no longer extend to the UK (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). Other Member States nevertheless keep applying the EU Recast Regulation on Insolvency where its conditions are fulfilled, and this note considers its operation between those Member States... Recast Regulation on Insolvency The EU Recast Regulation on Insolvency introduced major changes to the EC Regulation on Insolvency, Regulation ( EC) 1346/2000 ( EU...
R& I spotlight on environmental law What are the main laws and regulations governing this area? There are three principal sources of environmental law that an insolvency practitioner ( IP) should understand and which may give rise to personal liability for the IP. These are: contaminated land legislation (the Contaminated Land Regime) other regulatory regimes (expanded below) third party civil claims Contaminated Land Regime Local authorities have obligations under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) to: inspect their areas for contamination identify land as contaminated require clean-up where appropriate Where contaminated land is determined, the initial duty to remediate falls on Class A persons. These include: the original or later polluter— Class A ‘causers’ anyone who knowingly allows contamination— Class A ‘knowing permitters’ (ie a person aware of...
This Practice Note explores how adjudication awards are enforced in Scotland, together with the procedural questions that most often arise. Why enforcement is necessary Under the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996), a properly reached adjudicator’s decision is binding and capable of enforcement until the dispute is finally determined (see Practice Note: Adjudication decision). Yet an adjudicator’s award is not a court judgment; therefore, if the losing party does not comply with any element of it, it cannot be enforced in the same manner. To secure compliance in Scotland, the successful party must raise enforcement proceedings in the Court of Session or the Sheriff Court to obtain a court decree reflecting the adjudicator’s decision, which decree can then be enforced. Within Scottish litigation, the party initiating enforcement is the ‘pursuer’ (ie claimant), and the opponent is the ‘defender’ (ie...
When do these fees apply? The Tribunals, Courts and Enforcement Act 2007 ( TCEA 2007), read together with the Taking Control of Goods Regulations 2013, SI 2013/1894, prescribes the process for taking control of goods: to satisfy a judgment debt (see: Taking control of the debtor’s goods—overview), or under the commercial rent arrears recovery ( CRAR) regime (see Practice Note: Commercial rent arrears recovery ( CRAR)) The act of taking control of goods is undertaken by authorised enforcement agents. They may levy specified fixed fees set out in the Taking Control of Goods ( Fees) Regulations 2014 ( Fees Regulations), SI 2014/1. The Fees Regulations draw a distinction between: enforcement other than under a High Court writ (this therefore includes the CRAR process or a County Court warrant of control), and enforcement under a High Court writ The fixed-fee framework is organised by stages of...
The Employment Appeal Tribunal ( EAT) The EAT may determine an appeal by directing any of the following outcomes: the appeal is dismissed the appeal succeeds and is remitted, either to the same employment tribunal or to a newly constituted tribunal the appeal succeeds and the EAT substitutes a different decision Failure by employment tribunal to make necessary findings Where a tribunal’s judgment fails to address an issue in whole or in part, and/or gives no reasons or inadequate reasons for its decision, the EAT may, on appeal, invite the tribunal to clarify and/or expand its reasoning and findings under the Burns/ Barke procedure—see Non-standard EAT case management considerations— Appeals relying on inadequacy of employment tribunal’s reasons for further information. If, during a liability appeal, it becomes clear that the tribunal did not make a finding on a key liability issue, the EAT may itself reach a...
Disputed divorce, dissolution and separation proceedings (post- DDSA 2020) This Practice Note outlines how to challenge an application for a matrimonial or civil partnership order (excluding nullity) where the court issued proceedings on or after 6 April 2022. It details the deadlines for lodging an acknowledgement of service and an answer, and describes the methods for doing so, including via the online service. It also clarifies what is required when seeking further information, and guides you through case management hearings and the steps leading to a final hearing. Costs in contested divorce or dissolution are also addressed. For guidance on nullity, see Practice Note: Disputed nullity proceedings (post- DDSA 2020). The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) commenced on 6 April 2022, introducing major amendments to the rules governing divorce and the dissolution of civil partnerships within the...
Alternative routes for occupational disease compensation Understandably, claimant practitioners will first direct their efforts towards a common law action in the civil courts for occupational disease. There are, however, occasions when that conventional route is unavailable to the client. This may stem from how the illness was contracted and, frequently, the absence of an identifiable tortfeasor (or at least one with insurance). In such cases, a range of statutory and administrative compensation schemes may offer an alternative avenue of redress. For civil claims for mesothelioma sufferers, see Practice Note: Mesothelioma claims—procedure. For each scheme identified, this Practice Note sets out the particular circumstances in which turning to the scheme may be appropriate... The Pneumoconiosis etc ( Workers’ Compensation) Act 1979 ( P( WC) A...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force. Procurements initiated on or after that date must proceed under PA 2023, while procurements begun under earlier legislation must continue to be conducted and administered in line with that framework. Earlier legislation includes: the Public Contracts Regulations 2015 ( PCR 2015) the Utilities Contracts Regulations 2016 the Concession Regulations 2016 the Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under PA 2023. The fundamental rules and concepts on disclosure are consistent for challenges under PA 2023 and under the former regime. As PA 2023 savings and transitional measures allow both regimes to operate in tandem for live...
Cross-border private M& A transactions This Practice Note sets out an overview of the issues an English-qualified lawyer may encounter when advising a seller or a buyer on a cross-border private M& A deal. The emphasis is on practical considerations a lawyer should keep in mind to ensure the transaction is run in the most efficient and effective manner possible. Key stages in cross-border M& A transactions The principal phases in a cross-border private company M& A transaction are: Preliminaries (pre-signing) stage Here, non-disclosure agreements ( NDAs, also called confidentiality agreements) and exclusivity arrangements are settled, due diligence is undertaken, and the share purchase agreement ( SPA) with related deal documentation is negotiated. In an auction sale, bids are solicited and a short list of bidders is compiled. The cross-border aspect requires smooth...
Practice Note—deadlines/time limits for statements of case in CPR 7 claims This Practice Note explains the applicable deadlines for filing and serving statements of case in CPR 7 proceedings when the claim form is served in England and Wales. It details the periods for both service and filing of the following court documents, and highlights the implications of failing to file or serve a statement of case on time: the claim form the particulars of claim the acknowledgement of service the defence a counterclaim a defence to a counterclaim a reply It does not extend to the Admiralty courts, which have their own rules. These time limits apply only to claims brought under CPR 7. For claims under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims...
Determining who holds intellectual property in the designs, drawings, specifications and similar materials created for a construction project is vital for all participants involved in the process. The copyright owner of the designs produced will wish to safeguard their rights, limit how and to what extent others may use them, and secure recourse and remedies where infringements occur. Conversely, parties that must reproduce or rely on the designs need to ensure they possess sufficient rights and permissions to permit such use. In the construction sphere, designs are commonly prepared by the architect, civil and M& E engineers, as well as by the contractor itself and its subcontractors. Consequently, clauses addressing copyright ownership are a standard fixture of professional appointments, building contracts and collateral warranties used on such projects. This Practice Note concentrates specifically on such provisions within a...
Background to the contaminated land regime (the regime) The framework for contaminated land appears in Part 2A of the Environmental Protection Act 1990 ( EPA 1990). This statutory scheme addresses the remediation of land contamination that presents an unacceptable risk to human health or the environment. Local authorities are required to determine contaminated land through a risk‑based methodology. The competent enforcing authority—ordinarily the local authority, though in specified circumstances the Environment Agency ( EA) or Natural Resources Wales ( NRW)—must locate those responsible for the pollution and compel them to investigate, evaluate and remediate the land to a state appropriate for its existing use......
FORTHCOMING CHANGE : On 30 January 2024, the Trusts and Succession ( Scotland) Act 2024 obtained Royal Assent, representing the first review of Scottish trusts law in more than a century since the principal Trusts ( Scotland) Act 1921 was enacted. The trusts provisions will require secondary legislation from Scottish Ministers before they commence, whereas the succession provisions took effect on 30 April 2024. Key changes intended to modernise the law are outlined in News Analysis: Trusts and Succession ( Scotland) Bill passed. Practice Notes addressing Scottish trusts and succession will be updated as required to reflect this new legislation. This Practice Note explains the procedure for obtaining confirmation in Scotland for testate estates, in scenarios both where no inheritance tax ( IHT) is payable and where IHT is due. For guidance on confirmation in intestate estates, see Practice Note: Application for...
This table outlines all concluded probes by Greece’s competition watchdog, the Hellenic Competition Commission ( HCC), into suspected cartels, restrictive agreements and abuses of dominance ( Articles 101/102 TFEU and national equivalents) since 2018. Only investigations that are publicly available are listed... 2026 Investigations under Article 101 TFEU/ Article 1 of Law 3959/11 Pet food supply — KOMPA Ltd; HAPPY DOG SA — Restrictive agreements ( RPM) — Press release dated 06/03/2026; fines totalling €482,498 Investigations under Article 102 TFEU/ Article 2 of Law 3959/11 No Article 102/ Article 2 decisions have been issued by the HCC in 2026 2025 Investigations under Article 101 TFEU/ Article 1 of Law 3959/11 School accessories and toys — Public Ret — Restrictive agreements ( RPM) — Commitments accepted—19/11/2025 Ready-to-eat cereal — Atlanta — Restrictive agreements (vertical agreement) — Settlement...
This Practice Note describes: the kinds of option that can be granted under a tax-advantaged Company Share Option Plan ( CSOP) and a tax-advantaged Save As You Earn ( SAYE) scheme the statutory requirements that CSOP options and SAYE scheme options must meet to obtain the available tax advantages the tax benefits associated with CSOP options and SAYE scheme options CSOP options and SAYE scheme options are forms of tax-advantaged employee share option that allow the holder to call for the relevant shares in a company (the Scheme Company) covered by the option at a later date, at a price (the option price) set when the option is granted. A CSOP or SAYE scheme created by a parent company in a group can be extended to any or all companies within that group......
STOP PRESS: ECCTA 2023 introduces identity verification for anyone submitting filings at Companies House—the reforms are expected to become compulsory in Spring 2026. For further information and indicative timing, see: Registering security at Companies House— Changes under ECCTA 2023. The scope of this Practice Note This Practice Note sets out how to register at Companies House charges created by the following entities: a company incorporated under the Companies Act 2006 ( CA 2006) (a ‘ UK company’), or a limited liability partnership incorporated under the Limited Liability Partnerships Act 2000 ( LLPA 2000) (an ‘ LLP’) This Practice Note should be read in conjunction with the following Practice Notes: Registering security at Companies House, and Problems with registering security at Companies House—what to do next For the purposes of CA 2006, Pt 25 ( Company Charges), the term ‘charge’ includes a mortgage;...
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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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