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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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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;...
The Investigatory Powers Act 2016 ( IPA 2016) The Investigatory Powers Act 2016 ( IPA 2016) sets the statutory framework for how public bodies may obtain and use communications data, replacing much—though not all—of the earlier regime previously found in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a primer on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Rules on acquiring and disclosing communications data are contained in IPA 2016, Parts 2 and 3. IPA 2016 repealed the RIPA 2000 provisions on interception and the acquisition of communications data. IPA 2016 is supported by the Code of Practice on the Interception of Communications Data and the Communications Data Code of Practice. These Codes are essential reading for relevant public authorities involved in acquiring communications data under IPA 2016, and for...
This Practice Note outlines how the relationship between a commercial agent and a principal is regulated by the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053 (the Commercial Agents Regulations). For practical guidance on applying the Commercial Agents Regulations, see Practice Note: Commercial agency. Background The Commercial Agents Regulations took effect on 1 January 1994, implementing Council Directive 86/653/ EEC ( OJ L 382/17), the EU Commercial Agents Directive. Although derived from EU law, the Regulations were preserved by the European Union ( Withdrawal) Act 2018 (as amended) from 11 pm on 31 December 2020 ( IP completion day). They were not revoked by the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) and, from 1 January 2024, are treated as assimilated law in the UK. For further details, see Practice Notes: Introduction to the Retained EU Law (...
This practice note reviews the amended 2012 Criminal Injuries Compensation Scheme, which took effect on 13 June 2019. The amended 2012 Criminal Injuries Compensation Scheme While a person harmed by crime may pursue a civil action for personal injury damages against the assailant, such proceedings are only truly practical if the intended defendant can satisfy any judgment. This is because enforcement depends on the defendant’s ability to meet any award in full, if at all. A civil route might also be viable where an employer could be vicariously liable, or a public authority might bear responsibility. A victim of a violent offence can, alternatively, seek an award through the Criminal Injuries Compensation Scheme. Various criminal injuries compensation schemes have been established to compensate those who have suffered injury. The latest and operative scheme is the amended 2012 scheme, implemented on 13 June 2019. Its...
Defining mental capacity A person is considered to lack capacity in relation to a particular matter when, at the relevant time, they are unable to reach a decision for themselves about that matter because of an impairment of, or a disturbance in, the functioning of the mind or brain. The inability to decide must be a consequence of that impairment or disturbance affecting mental or brain function. Individuals with a range of conditions, including psychiatric illness, learning disabilities, dementia, and brain damage, may therefore lack mental capacity. A person might have capacity in respect of some issues but not others. As noted elsewhere, an individual can lack capacity for litigation yet still have capacity concerning their financial affairs. Someone who does not have the capacity to conduct the proceedings is described as a ‘protected party’ in such...
This tracker presents key pensions judgments delivered in 2025, organised by date. You can navigate the entries using the Table of Contents to the left of the page. Please note that pensions judgments from the General Regulatory Chamber ( GRC) of the First-tier Tribunal ( FTT) and the Upper Tribunal ( UT) in 2025 that specifically concern appeals against decisions of the Pensions Regulator for breaches of automatic enrolment duties are recorded in a separate tracker — please see: Case tracker—2025 auto-enrolment pensions judgments... December 2025 Case details: Places for People Pension Trustee v Places for People Group — High Court ( Chancery Division) — 19 December 2025 Citations: [2025] EWHC 3371 ( Ch), Bailii High-level summary: The High Court sanctioned a settlement relating to the Places for People Group Retirement Benefit Scheme, addressing issues impacting members’ pension...
This Practice Note sets out an explanation of Nominet’s dispute resolution service ( DRS), which applies to all .uk domain names. Application and purpose of the Nominet DRS The .uk DRS offers a swift, practical and cost-effective route for resolving disputes over domain names without the need to pursue litigation. It is operated by Nominet, the registry for .uk domain names. The Nominet DRS covers all .uk domain names registered and administered by Nominet and is incorporated by reference into the Terms & Conditions of Domain Name Registration for each .uk domain name. When a complainant invokes the process, the domain name holder (respondent) is bound by the DRS policy, including its procedural rules. The outcome of the process is enforced by Nominet. Although closely modelled on the Uniform Domain Name Dispute Resolution Policy ( UDRP), the Nominet DRS has distinctive features, including a...
Works to trees Generally, operations to trees do not amount to development for the purposes of section 55 of the Town and Country Planning Act 1990 ( TCPA 1990), so planning permission is not normally needed (see Practice Note: Operational development). Nevertheless, TCPA 1990, s 197 places a duty on the local planning authority ( LPA) to: secure, where appropriate, that when granting planning permission for any development, adequate arrangements are made, via conditions, for the safeguarding or planting of trees; and make such tree preservation orders ( TPOs) as the LPA considers necessary in connection with granting that permission Accordingly, any tree works must accord with relevant planning conditions and, where trees are subject to a TPO, certain operations are prohibited without the LPA’s consent (see below: Protecting trees through tree preservation orders). In addition, TCPA 1990, s 211 (and...
This Practice Note outlines the nature of landlord’s certificates under the Building Safety Act 2022 ( BSA 2022), together with their format, required contents, deadlines for landlord’s certificates (and for former landlord’s certificates), and the ramifications of non-compliance with the applicable statutory requirements. Landlord’s certificate—when it must be provided and time limits A landlord’s certificate gives a leaseholder details about the landlord’s financial position and the degree to which the landlord bore responsibility for fire safety defects......
When advising an individual on cross-border matters or offshore tax planning, pinning down the situs (that is, where assets are located) for property held by or on behalf of the person is essential. This Practice Note sets out why situs matters for succession and inheritance tax ( IHT) and explores what ‘situs’ means in this context. Its purpose is to introduce the common law notion of situs. Nevertheless, in real-world scenarios the situs of each item must be assessed on a case-by-case basis, with attention to the applicable authorities. Although common law (private international law) usually fixes an asset’s situs, legislation may adapt the position for particular taxes (for example, capital gains tax ( CGT)), for double taxation relief, or for non-tax reasons. For further information, see: Practice Note: Private client and private international law—summary of main principles Practice Note: Situs of...
The FCA’s Prospectus Rules: Admission to Trading on a Regulated Market sourcebook ( PRM) explains when a prospectus must be published for transferable securities seeking admission to a UK regulated market. In essence, an approved prospectus is needed for admission of transferable securities to a UK regulated market unless an exemption in the PRM applies. Those exemptions are contained in PRM 1.4.3R– PRM 1.4.13R. The PRM rules were made under the FCA’s enhanced rule-making responsibilities conferred by The Public Offers and Admissions to Trading Regulations 2024 ( POATRs), SI 2024/105, which provide the main legislative framework for UK public offers of securities and for admitting securities to trading. Transferable securities of the kinds specified in PRM 1.3.1R are carved out from the prospectus obligation and from the PRM overall. Summary of exemptions from the requirement to produce a...
Read this Practice Note alongside Practice Note: Obtaining excluded material and special material under PACE 1984, which sets out the authority in section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 ( PACE 1984) to seek a production order or a search-and-seizure warrant to secure excluded material and special procedure material. It clarifies what amounts to excluded material and special procedure material, and the access conditions that must be satisfied and demonstrated before the Crown Court may issue a production order or a search and seizure warrant. This Practice Note also outlines how to bring applications and the means of contesting orders that are made, including the steps to be taken. Applying for production and access orders and search and seizure warrants A brief overview of certain applicant obligations and the procedure in the court appears below for ease of...
This Practice Note outlines the enforcement routes available for implementing an order made under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996). It describes the steps required after an order for sale where a party refuses to execute a conveyance, sets out the procedural path to be followed, and explains the approach on an application to commit for contempt of court. Section 14 TOLATA 1996 empowers the court to declare the nature and scope of an individual’s interest in property held on a trust of land and/or to direct a sale of that property. Either a trustee or a beneficiary of the property is entitled to bring such proceedings. See Practice Note: Eligibility to apply under TOLATA 1996. Order for sale TOLATA 1996, s 14 grants the court a discretion to make such orders as it...
A limited company with share capital can modify that capital in several ways, provided it follows the Companies Act 2006 ( CA 2006). The CA 2006 constraints on altering share capital do not extend to unlimited companies. For more detail on this form of company, see Practice Note: Unlimited companies. Sub-division and consolidation Under CA 2006, s 618, a limited company with share capital may split or combine all or some of its shares. Alternatively, share splits and consolidations can be implemented through a court-sanctioned scheme of arrangement under CA 2006, Pt 26, or via a restructuring plan under CA 2006, Pt 26A. A scheme of arrangement is commonly employed to enable mergers and takeovers, or to reorganise a company facing financial distress. A restructuring plan can likewise be used to reorganise a company encountering financial difficulties. For guidance on schemes of...
Practice Note This Practice Note outlines the evidential material required for an application under the Hague Convention on the Civil International Aspects of Child Abduction 1980 (the 1980 Hague Convention), and explains the possible directions the court may give, together with the practice and procedure for both without notice applications and applications on notice. Its main focus is proceedings under the 1980 Hague Convention, but it also offers guidance on wider international child abduction proceedings, including those under the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention). It further sets out the requirements for withdrawing an application, striking out or summary dismissal, and for variation and setting aside. See also Practice Notes: Child...
This Practice Note sets out guidance on arbitral awards in proceedings under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (2018 HKIAC Rules; HKIAC 2018). As explained in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 November 2018, save where the parties agree otherwise; for HKIAC arbitrations begun before 1 November 2018, the 2013 HKIAC Rules will generally apply unless the parties agreed otherwise. For an overview of the HKIAC and how it is organised, see Practice Note: HKIAC—background to and structure of the institution. Awards in HKIAC arbitrations In line with most institutional regimes, under the 2018 HKIAC Rules a tribunal may render interim, interlocutory, or partial awards and, in addition to a final award, may issue interim awards as to costs ( HKIAC 2018, art...
The breadth of the European Commission’s ( Commission) authority to pursue antitrust breaches by undertakings based outside the EEA, for conduct taking place beyond its borders, has been hotly debated, especially after the Commission’s cartel decisions in the LCDs and CRTs matters. The question of extraterritorial scope also features in unilateral conduct, as shown by Case C-413/14 Intel v Commission. Although the EU treaties do not spell out the territorial limits of EU competition law, the Court of Justice has over time crafted tests to assess whether, in a given instance, the Commission has the requisite jurisdiction... Extraterritorial jurisdiction Single economic entity: permits the Commission to hold a parent to account where its EEA-based subsidiary engages in unlawful conduct. Implementation: considers the degree to which the anti-competitive behaviour was carried out within the EEA. Qualified effects: requires that the conduct was capable of producing...
This Practice Note sets out guidance on expert evidence in the Chancery Division. It addresses when experts are pertinent to Chancery claims, the obligations imposed on them, control of expert material (including CPR 35.4), the role of single joint experts ( SJEs), meetings between experts, preparation of reports, and how expert opinion is presented at trial, whether concurrently through ‘hot‑tubbing’ or by the conventional adversarial route. It also considers the consequences of non-compliance with expert obligations and offers practical pointers for handling expert evidence in the Chancery Division. Note: CE- File electronic working is compulsory for professional court users in the Chancery Division. For further detail on electronic working, see Practice Notes: When and where is CE- File applicable?—from 1 October 2025, How to use CE- File—from 1 October 2025 and Electronic communication and filing of documents by email— CPR PD 5B Claims...
NOTE—to check whether notification thresholds in the Czech Republic and worldwide are met, see further: Where to Notify. 1. Have there been any recent developments regarding the Czech merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Czech Republic? A 2023 bill amending Act No. 143/2001 Coll. on the Protection of Competition (the Act)—which aimed to introduce a so‑called ‘ New Competition Tool’ alongside a call‑in model—has been withdrawn. Even so, the Office for the Protection of Competition (the Office) intends to table a new draft bill in early 2026. Regarding merger control, the Office is expected to put forward a far‑reaching call‑in mechanism, constrained solely by the aggregate Czech revenues of all parties, so acquisitions of companies with no turnover could still face review. The Office also plans to increase 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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