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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 has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all from Wong Partnership LLP, Singapore. The seventh edition of the SIAC Rules took effect on 1 January 2025 and can be accessed here. This note addresses how to initiate arbitration under the Arbitration Rules of the Singapore International Arbitration Centre ( SIAC) (7th edition) 2025 (the 2025 SIAC Rules). Please note that Singapore judgments mentioned in this Practice Note are not reported by Lexis Nexis® UK. Prior to commencing an arbitration Before beginning an arbitration, there must be a ‘dispute’ that is capable of referral to arbitration. At the outset, assess whether an arbitration agreement exists and whether there is a ‘dispute’ that may properly be...
Practice Note This Practice Note outlines the reforms to the regime for regulating standards of conduct that took effect on 1 July 2012 under the Localism Act 2011 ( LA 2011). It relates solely to the law in England; note that different provisions apply in Wales. It covers: Disclosable Pecuniary Interests ( DPI) the obligation to adopt a code of conduct and an Independent Person the process for handling complaints the sanctions available for breach of the code The public are entitled to expect high standards of conduct from their elected members. Before 1 July 2012, local authority ( LA) members were required to comply with the ethical standards framework in Part III of the Local Government Act 2000 ( LGA 2000), which drew on recommendations in the Third Report of Lord Nolan’s Committee on Standards in Public Life ( CSPL). LA 2011...
The Standard Conditions of Sale ( Fifth Edition—2018 Revision) ( SCS) comprise the core conditions underpinning most contracts for buying and selling residential property in England and Wales. Where a deal concerns commercial or mixed‑use premises, the Standard Commercial Property Conditions ( Third Edition—2018 Revision) ( SCPC) are the better fit. First issued on 1 April 2011, the SCS appeared alongside the Law Society’s Conveyancing Protocol (the Protocol). When the Protocol is used for a given conveyancing matter, the parties must adopt the current SCS, and step 13 of the Protocol provides that special conditions should be added only where strictly required for that transaction. Protocol use is compulsory for solicitors accredited under the Conveyancing Quality Scheme. For more detail on the Protocol, see Practice Note: The Law Society’s Conveyancing Protocol. The 2018 update to the SCS took effect in March...
Practice Note This Practice Note outlines who may apply for a special guardianship order ( SGO) for a child as of right, and who must first obtain the court’s permission. It details the factors the court is required to consider when determining whether to give permission. It further describes the steps for seeking permission, including the prescribed application format, the necessary supporting documents, and requirements for service on relevant parties where applicable......
CASE HUB ARCHIVED – this page captures the position as at the judgment dated 16 September 2013; it is no longer being updated. See also: timeline, commentary and related/relevant cases Case facts ARCHIVE—16/09/2013 Outline Appeals were brought before the General Court seeking annulment, partial annulment and/or reductions in the individual fines levied, arising from the Commission’s decision of 3 October 2007, which found breaches of Article 101 TFEU and ordered aggregate penalties of €183.65m on four corporate groups for purported involvement in a price‑fixing and cartel allocating markets and customers in the Spanish bitumen sector between 1991 and 2002 (‘ Spanish bitumen cartel’). On 16 September 2013, the General Court upheld all substantive findings of the Commission and rejected in full the claims by Repsol, CEPSA and PROAS, but marginally cut the fines for GALP and Nynäs. These matters focus, amongst other things, on the...
This Practice Note addresses regulatory obligations and practical considerations concerning the layout and substance of a client’s final bill of costs, including situations where an interim statute bill has been issued. It also sets out how interim bills should be dealt with when you come to serve your final bill. While the words ‘bill’ and ‘invoice’ are often treated as interchangeable, this Practice Note consistently uses the term ‘bill’. There is no specific statutory or regulatory prescription for the precise form or contents of a client’s final bill. However, that does not entitle you to present the bill in any format you wish. You must ensure that you: comply with the information and related obligations in the SRA Standards and Regulations, which, though not directed at bills expressly, do apply to your bill in an indirect way are able, if the bill...
For additional practical guidance on solar projects, including perspectives from multiple jurisdictions, see the textbook Solar Power: A Practical Handbook. What is solar PV? Photovoltaic ( PV) technology converts solar energy into electrical power. The term ‘photovoltaic’ is formed from: photo, taken from the Greek for light, and volt, the unit of electromotive force, linked to electricity pioneer Alessandro Volta PV materials transform light energy into electrical energy, as demonstrated in 1839 by French physicist Edmond Becquerel, who showed that sunlight could generate an electric current within a solid. It was more than a further century before scientists established that the photoelectric, or photovoltaic, effect enables certain materials to convert light into electricity at the atomic scale. PV technology components Cells and modules Typically, PV systems are made up of PV cells, usually comprising one or two layers of silicon or similar materials, connected in series to form...
This Practice Note explains the rules on qualification for the allocation of housing by a local housing authority ( LHA) in England, brought in by the Localism Act 2011 ( LA 2011) and inserted into the Housing Act 1996 ( HA 1996). It is not relevant to Wales. It sets out the general allocation framework, issues affecting the armed forces, the right to move, and also how these elements interact. Through LA 2011, significant changes were made to HA 1996, Part VI, which governs the allocation of social housing. A key change, applying in England only and not in Wales, was the creation of a concept of ‘qualification’ for allocation, alongside ‘eligibility’. Accordingly, in England, a person who meets eligibility criteria for an allocation (broadly, by holding the requisite immigration status—see Practice Note:...
At a convening hearing in January 2022 and a sanction hearing in March 2022, Smile Telecoms Holdings Limited sought court approval for a second Part 26A restructuring plan ( RP), coming after a prior plan sanctioned in March 2021 (see Smile Telecoms Holdings Limited [2021] EWHC 685 ( Ch) and Practice Note: Part 26A restructuring plan deal debrief— Smile Telecoms Holdings Limited (first plan)). The principal points are outlined below (capitalised terms not otherwise defined adopt the meanings in the convening and sanction judgments). This deal debrief sits squarely within our Restructuring plans collection. For granular analysis of 2023 RP filings and commentary from leading figures in restructuring, please refer to Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]. Name of plan company Smile Telecoms Holdings Limited (the Company) Industry...
1. What is the applicable legislation? The key statute regulating foreign direct investment ( FDI) control is the Investment Promotion Act ( Official Gazette Nos. 13/18, 204/21, 29/22, 65/23 and 31/24, the Act). It defines the categories of investment incentives, the qualifying conditions and criteria, the procedure for granting such incentives, and measures designed to stimulate investment and support the internationalisation of business entities in Slovenia. On FDI, the Act is aligned with Regulation ( EU) 2019/452 of the European Parliament and of the Council of 19 March 2019, which sets an EU framework for screening FDI that may affect security or public order. EU Member States may keep their existing screening mechanisms, introduce new ones, or opt to have none. Nonetheless, several core requirements must be met, including transparency of rules and procedures, the ability to seek recourse against screening...
This table outlines all completed inquiries by Slovenia’s competition watchdog (the Slovenian Competition Protection Agency— SCPA) into suspected cartels, anti-competitive agreements and abuses of dominance ( Articles 101/102 TFEU and national counterparts) since 2018. Note—only publicly disclosed investigations are shown 2025 Investigations under Article 101 TFEU/ Article 6 of the Competition Act Automotive — Renault nissan slovenija (now: GA Adriatic); Avtohiša real; Avtohiša malgaj; Pleško Cars; Avtoservis Kalan — Cartel — Infringement decision announced (after settlement) — 15/01/2025; fines totalling over 1m Investigations under Article 102 TFEU/ Article 9 of the Competition Act The SCPA has not yet issued any decisions under Article 101/ Article 6 in 2025 2024 Investigations under Article 101 TFEU/ Article 6 of the Competition Act Veterinary medicine — Veterinary Chamber of Slovenia — Restrictive agreements—price fixing — Infringement decision announced (after settlement) — 22/01/2024; fines totalling...
1. What is the applicable legislation? The principal statute governing FDI screening in Slovakia is Act No. 497/2022 Coll. on the Screening of Foreign Investments, as amended (the FDI Act 2022). From its commencement on 1 March 2023, the provisions of the FDI Act 2022 apply to every foreign investment made in the Slovak Republic. The screening regime was introduced to create a comprehensive system through which Slovak authorities may assess, as appropriate, impose remedies on, or prohibit foreign investments that might endanger the security or public order of Slovakia or the European Union. Beyond this, the FDI Act 2022 sets rules for certain elements of the Slovak Republic’s collaboration with other EU Member States and with the Commission in relation to foreign direct investments. In doing so, notably, the FDI Act 2022 facilitates the effective application of Regulation ( EU) 2019/452 of the...
The Financial Services Enforcement Database holds comprehensive details of all substantive FCA and PRA Final Notices and, where available, Decision Notices issued from 2014 onwards. The Database can be searched and filtered by: rule breaches keywords sector date seriousness aggravating and mitigating factors financial penalties other actions, such as referrals to the Upper Tribunal Background The statutory power to require a firm to seek an independent view from a third party (a ‘skilled person’) on aspects of a regulated firm’s activities under section 166 of the Financial Services and Markets Act 2000 ( FSMA 2000), as amended by the Financial Services Act 2012, is routinely used by the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA) within their regulatory toolkits. Either the FCA or the PRA may exercise this power when they need further...
ARCHIVED: This Practice Note has been archived and is not being maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Priority date Section 17 of the Patents Act ( Cap 221) states that a Singapore patent application takes as its priority date the filing date of the first patent application made in another country. That country must be a Paris Convention party or a World Trade Organisation member. Where the initial filing occurred in Singapore, the Singapore filing date serves as the priority date for subsequent applications abroad. This date fixes the state of the art for evaluating patentability. Paris Convention Treaty application An international application under the Paris Convention Treaty ( PCT) can be filed with the Intellectual Property Office of Singapore ( IPOS) as the receiving office. Doing so safeguards the applicant’s ability to seek patent protection across all PCT...
This Practice Note was first prepared for Lexis Advance Practical Guidance Singapore. Patent infringement In Singapore, actions for patent infringement are governed by Part XII of the Patents Act ( Cap 221). All infringement claims must be commenced in the Singapore High Court— Patents Act, s 67 read with s 2. Who can sue? Only the registered proprietor of the patent and/or the holder of an exclusive licence has locus standi to sue for infringement under the Patents Act, ss 67(1) and 74(1). A co-proprietor may commence infringement proceedings without the concurrence of the other co-proprietors, provided all co-proprietors are named; however, if they are made defendants, they will not be liable for costs or expenses unless they enter appearance and participate in the proceedings. Where an exclusive licensee brings the claim, the proprietor of the patent need not be a party; if the...
ARCHIVED: This Practice Note has been archived and is not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Ownership of copyright Copyright is a personal right that arises where a qualified person has materially contributed to the particular expression of a work. See Asia Pacific Publishing Pte v Pioneers & Leaders ( Publishers) Pte [2011] 4 SLR 381 (not reported by Lexis Nexis®). This is distinct from ownership of the physical item embodying the work, which may rest with someone other than the copyright owner. Under section 30(2) of the Copyright Act ( Cap 63), the creator is regarded as the author and, once the work is fixed in material form, will be the first owner. There are, however, express statutory exceptions to this default position within the Copyright Act,...
This table summarises all completed investigations by Singapore’s competition authority (the Competition and Consumer Commission of Singapore—the CCCS) into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2018. Note—only investigations that have been made public are included in this table. 2025 Investigations under section 34 of the Competition Act Remittance services — ZGR Global; Hanshan Issues: Restrictive agreement—information exchange Developments: Decision finding infringement—31/07/2025; penalties totalling $5.36m imposed Contracting — Trust- Build Engineering & Construction Pte. Ltd; Hunan Fengtian Construction Group Co. Ltd Issues: Restrictive agreement—bid rigging Developments: Decision finding infringement—23/05/2025; penalties totalling $4.6m imposed ...
ARCHIVED: This Practice Note is archived and is not being maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. It outlines actions by authorities, including customs and the police, together with civil proceedings and private criminal prosecutions brought by rights owners. In certain countries, administrative action against infringers is also available, but that is not covered here. Customs Singapore Customs enforces IP rights within Singapore and oversees goods entering the border. Customs officers are empowered to inspect and detain goods imported into Singapore for a broad range of IP infringements. The principal legislation is the Trade Marks Act 1998, which took effect on 15 January 1999, and its subsidiary legislation, namely the Trade Marks ( Border Enforcement Measures) Rules ( Cap 332, R2). Under s 82(1) of the Trade Marks Act, rights holders should make an application, by way of a written notice, to the...
The Financial Services Enforcement Database The Database collates detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices from 2014 onwards. Search and filtering are available by: Regulator Rule or legislation breach Keyword — including ‘ Anti-money laundering ( AML) systems and controls’ and ‘ Customer Due Diligence ( CDD)’ Sector Date Financial penalty and aspects of financial penalty analysis Outcomes, including redress and prohibition orders Other actions, such as referrals to the Upper Tribunal This Practice Note assists advisers to financial services firms in complying with the UK AML, counter-terrorist financing ( CTF) and countering the financing of proliferation of weapons of mass destruction ( CPF) framework. The Checklist sits within a wider series addressing customer due diligence ( CDD), also known as ‘know your customer’ ( KYC), as set out in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer)...
Simplified customer due diligence ( SDD) You may adopt simplified customer due diligence in respect of particular business relationships or transactions that you judge to present a low risk of money laundering or terrorist financing, having considered the following: your organisation-wide risk assessment—see Practice Note: Money Laundering Regulations 2017—how to identify and assess organisation-wide risks and Precedent: Money laundering, terrorist financing and proliferation financing organisation-wide risk assessment relevant information provided to you by your supervisory authority, and the risk factors set out at section: Assessing the risk This Practice Note outlines your options concerning SDD and what it means for you operationally in practice. It reflects the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It supplies guidance intended for general application. You should check whether the MLR 2017...
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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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