Featured documents
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:
Most recent Practice notes
Remuneration The pay of office-holders in both corporate and personal insolvency cases is governed by the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024. When a court considers what an office-holder should receive, it will also apply part six of the Practice Direction on Insolvency Proceedings ( PDIP). Office-holders should further take into account Statement of Insolvency Practice ( SIP) 9, which provides guidance on the basis for fixing remuneration. Although SIPs are not legally binding, they represent best practice and non-compliance can result in serious disciplinary consequences. As an office-holder’s fees are met from the assets of the relevant insolvent estate as an expense, creditors have a direct and clear stake in the level of remuneration. The legislation reflects this by enabling creditors to decide the basis on which an...
This Practice Note provides a concise overview of materials addressing protections and liabilities arising from acts or omissions that constitute religion or belief discrimination, or other forms of prohibited conduct connected to religion or belief. It is designed to orient readers to the wider set of detailed resources available on each aspect of the topic The level of detail here is deliberately limited; its core function is to direct subscribers to the comprehensive Practice Notes that examine the subject in full. Accordingly, treat this as a starting point for research, with complete information accessible in the sources linked below The characteristics protected The Equality Act 2010 ( Eq A 2010) safeguards individuals against discrimination and other prohibited conduct relating to certain specified characteristics. Some protections attach only to one listed characteristic, while others operate consistently across all, collectively described as ‘the protected...
This Practice Note outlines the regulatory duties for first aid in an office environment, covering the need for stocked first aid boxes, trained first aiders and suitable first aid rooms. For practical advice on running first aid at work, see Practice Notes: How to conduct a first aid needs assessment and How to manage first aid in the workplace. What is first aid? The term ‘first aid’ covers both situations where preventative assistance or care is needed from doctors or nurses, and the management of minor injuries by people without medical qualifications. Legislative requirements There are several legislative duties relating to first aid at work, including: the provision of first aid first aiders first aid room first aid box/kit informing staff members of the public signs and signals giving or administering drugs or medication The Health and Safety Executive ( HSE) is the national independent regulator for workplace health and safety and first aid matters, playing a key part in...
What is offshore wind energy generation? Offshore wind energy generation captures the movement of air using turbines placed in open waters, most commonly at sea. These offshore turbines feature blades that turn a rotor connected to a generator, mounted on either fixed or floating foundations and secured to the seabed. As the wind rotates the rotor, the generator transforms that mechanical motion into electricity, which is then delivered to the electrical grid via underwater cables for use by end-users. While offshore and onshore wind farms have much in common, a notable difference is how steadily they can produce power. Output from wind is largely driven by wind conditions, which can vary widely. At sea, wind flow faces fewer obstacles and is therefore generally stronger and more consistent, so offshore turbines are engineered to harness this—offering far higher capacities, typically 8–12 megawatts ( MW), compared with...
Overview of the non-party campaigning regime Part VI of the Political Parties, Elections and Referendums Act 2000 ( PPERA 2000), as amended, establishes the regulatory framework for non-party campaigners in the run-up to UK and region-wide elections. Although PPERA 2000 sets a national baseline, its application can vary across the UK’s devolved administrations, and local electoral administration rules in those areas may modify or supplement the regime. In particular, amendments made by the Elections Act 2022 ( EA 2022) do not extend to the Senedd or the Scottish Parliament. By way of example, EA 2022 inserted PPERA 2000, s 89A, which defines a reserved regulated period Non-party campaigners are individuals or organisations that carry out activities which could reasonably be regarded as intended to influence the result of an election under the legislation, without being candidates or political parties themselves. Under the...
This Practice Note This Practice Note explores the impact that an unreasonable refusal of alternative employment may have on an employee’s entitlement to a redundancy payment, the requirements an offer of alternative work must satisfy for that entitlement potentially to be affected, what amounts to an offer of suitable employment, what constitutes an unreasonable refusal, and the burden of proof in such matters. Employees who are made redundant are sometimes offered further work. Where such an offer is made but the employee declines it, this may have the effect of removing the employee’s right to a redundancy payment. Only offers of further work that meet certain conditions have the capacity to affect the employee’s entitlement to a redundancy payment. The conditions are: the offer must be for a renewed contract, or a new contract the renewed or new contract must commence immediately after the old one ends, or no...
Rent Rent is the amount payable by a tenant to the landlord for occupying or using the premises. The rent figure must be capable of being worked out from the lease; it need not be fixed for the whole term, but the starting rent must be identified together with a method—typically a rent review clause—to determine later rents. Rent is usually expressed as exclusive of VAT, payable without deduction and without the need for demand. See Practice Note: Rent and rent review in commercial leases in Scotland. Commercial rent is ordinarily paid in advance by equal instalments on the quarter days, namely: 28 February, May, August and November or, where English parties prefer, 25 December, 25 March, 24 June and 29 September Monthly payment is increasingly common. Where rent is payable quarterly in advance, the entire instalment falls due on the quarter day. This can be...
By long-standing statutory rules, a limited company with share capital was allowed, most recently under the now-repealed Companies Act 1985 ( CA 1985), to: convert some or all of its fully paid shares into stock; and reconvert any or all of its stock into fully paid shares of any denomination ( CA 1985, s 121). Those powers had to be authorised by the company’s articles of association and each was to be exercised by a shareholders’ resolution passed at a general meeting. From 1 October 2009, when section 540(2) of the Companies Act 2006 ( CA 2006) came into force, companies have been unable to convert shares into stock, unless such conversion was approved before that date. Nevertheless, where fully paid shares were turned into stock before 1 October 2009, the company may still reconvert that stock into fully paid shares of any nominal value, in line with CA...
This Practice Note explains the steps and prerequisites necessary for securing recognition and enforcement of international arbitration awards in France, namely international arbitral awards made in France and those delivered abroad. Please note: the French decisions mentioned are not reported by Lexis Nexis® UK. The rules applicable to the recognition and enforcement of international arbitral awards appear in Book IV of the French Code of Civil Procedure ( FCCP), which sets the legal framework. It outlines the procedure to follow in practice. Procedure and conditions to obtain the recognition and enforcement of international arbitral awards in France International arbitral awards are enforced through an enforcement order (ordonnance d’exequatur) granted by the judicial court (tribunal judiciaire) at the seat of the award for international awards made in France, or by the judicial court (tribunal judiciaire) of Paris for awards rendered overseas. The...
This Practice Note examines how arbitral awards are recognised and enforced in South Korea. Note: Korean court judgments cited in this Practice Note are not reported by Lexis Nexis® UK. Arbitral awards enforceable in South Korea Introduced in 1966, the Korean Arbitration Act ( KAA) provides the statutory basis for enforcing arbitral awards in South Korea. The KAA was revised in 1999 to incorporate the 1985 United Nations Commission on International Trade Law ( UNCITRAL) Model Law (the Model Law). On 30 November 2016, further amendments took effect, implementing the 2006 updates to the Model Law. South Korea acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) in 1973. Under the KAA, three categories of awards are enforceable in South Korea ( KAA, arts 37.1, 38–39): foreign arbitral awards to which the New York...
Introduction to the enforcement regime in Guernsey Guernsey’s system for recognising and enforcing arbitral awards rests on statute. The Arbitration ( Guernsey) Law 2016 (the 2016 Law) refreshed the island’s arbitration framework to mirror best-practice jurisdictions, whereas the Arbitration ( Guernsey) Law 1982 (the 1982 Law) governs domestic arbitral proceedings and the enforcement of awards (covering domestic, foreign and New York Convention Awards). The Royal Court has additionally promulgated the Royal Court ( Arbitration) ( Guernsey) Rules 1983 (the Rules), which prescribe the procedure for applications brought under the arbitration legislation. Guernsey is a contracting party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), whose territorial application was extended to the Island in 1985. Under the 2016 Law, recognition and enforcement of awards issued pursuant to an arbitration agreement in the territory of a state that is a New...
This Practice Note examines how Switzerland recognises and enforces international arbitral awards. Under Swiss law, distinct enforcement proceedings before different courts apply depending on whether the award orders payment of a sum of money or requires specific performance (see Articles 335(1)–(2) of the Swiss Code of Civil Procedure ( CCP)). Where an award grants both monetary and non-monetary relief, the successful party must pursue enforcement separately for each category of relief. The rules governing enforcement of monetary and non-monetary relief are outlined below. Only decisions of arbitral tribunals that dispose of all or part of the claims are enforceable in Switzerland, ie partial or final awards on the merits. The duration of enforcement varies with several factors, notably the complexity of the case, and typically ranges from six months to two years. Monetary claims (payment of...
Regulation of the recognition and enforcement of arbitral awards in Russia In the Russian Federation, enforcement of international arbitral awards is regulated by both domestic and international norms. Russia has signed and ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the 1961 European ( Geneva) Convention on International Commercial Arbitration, and other international conventions, for example the ‘ Convention on the Settlement by Arbitration of Civil Disputes Arising from Relations of Economic and Scientific- Technical Cooperation’ (concluded in Moscow on 26.05.1972), as well as a range of bilateral treaties on legal co-operation that, inter alia, support recognition and enforcement of arbitral awards; however, the Russian Supreme Court has stated that the Kyiv Convention on Settling Disputes Related to Commercial Activities (1992) and the Minsk Convention on Legal Aid and Legal Relations in Civil, Family and Criminal Cases (1993) do not...
In Italy, the recognition and enforcement of international arbitral awards is governed by sections 839–840 of the Italian Civil Procedural Code ( CPC), which gives effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The New York Convention was implemented in Italy by Law no. 62 of 19 January 1968. Petition to the President of the Court of Appeals Under CPC, s 839, a party wishing to enforce an international arbitral award in Italy must submit a petition to the President of the Court of Appeals for the district in which the counterparty resides. If the counterparty has no residence in Italy, the competent Court of Appeals is in Rome. With the petition, and in line with Article IV of the New York Convention, the petitioner must lodge: the original of the award the instrument containing the...
Recognition and enforcement of both New Zealand and foreign arbitral awards in New Zealand In New Zealand, the recognition and enforcement of domestic and overseas arbitral awards is governed by the Arbitration Act 1996 (the Act), Sch 1, arts 35 and 36. Those provisions effectively incorporate the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention) into New Zealand law. Under this framework, a New Zealand court must treat an arbitral award as binding, regardless of the country in which it was made. As a result, awards issued abroad are recognised and can be enforced in New Zealand. Recognition of a foreign award follows automatically from art 35 and does not require the award to be entered as a judgment of the New Zealand court. Therefore, where a party seeks to defend fresh proceedings by relying on a cause of...
Many of the usual events of default for a typical syndicated loan facility will likewise apply, in some form, to a real estate finance transaction. For information about those events of default, including what events of default are and why they are used, see Practice Note: Events of default. This Practice Note considers the kinds of additional events of default commonly seen in real estate finance investment and development transactions. Purpose of events of default Instead of relying on general contract law for a remedy where the borrower breaches the loan agreement, most facility agreements incorporate a mechanism by which a lender may, if it chooses, take action when the borrower breaches the loan agreement or when certain other events occur. The events that permit the lender to act are usually set out expressly in the facility agreement and are referred to as 'events of...
Collateral warranties sit at the heart of the suite of development documents in real estate development facilities. They are usually issued by the project team (e.g. the building contractor, architect, engineers and other consultants, and key sub-contractors to the building contractor) in favour of both lender and borrower. A lender commonly takes security over the borrower’s rights under key development contracts, including any collateral warranties given to the borrower, alongside taking collateral warranties addressed directly to the lender. This Practice Note concentrates on the collateral warranties delivered to the borrower and the ways a lender can secure the borrower’s rights under them. It explains: what a collateral warranty is which collateral warranties the lender should take security over methods for taking security over the borrower’s rights under collateral warranties: assignment by way of security, or charge how to address...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in full effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced pursuant to the earlier regime—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run, overseen and administered under those rules. Please refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates solely to the Procurement Act 2023 regime. This practical guidance specifically concerns public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on time limits for challenging a public procurement award under the previous legislation, see the Practice Note: Challenging a public procurement...
Public Guardian The Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. Whoever holds the Public Guardian role also serves as chief executive of the Office of the Public Guardian ( OPG), an executive agency of the Ministry of Justice ( Mo J), created when the Mental Capacity Act 2005 ( MCA 2005) came into force on 1 October 2007 at that time. A key objective of the MCA 2005 was to distinguish the Court of Protection’s judicial powers from the administrative and supervisory oversight functions of a government body. Under the MCA 2005, the Court of Protection exercises statutory jurisdiction over the property and affairs of the mentally incapacitated person ( P), while the Public Guardian undertakes the day-to-day administration and supervision of P’s affairs. The Public Guardian is also the formal registration authority for lasting and enduring powers of...
Protective proceedings In English civil litigation and insolvency, protective proceedings are a vital device for preserving a party’s position while substantive rights are determined. They are commonly deployed to: prevent limitation periods from lapsing, obtain interim relief, and safeguard assets and evidence at risk of dissipation or destruction. This Practice Note concentrates on their role in avoiding the expiry of limitation periods and the practical factors that must be weighed. Although their aim is to uphold justice and procedural fairness, using them calls for nuanced strategy that goes well beyond simply issuing a claim or application. Protective proceedings need careful planning. Decisions should address not only the procedural frameworks in the Insolvency Act 1986, the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, the CPR and relevant case law, but also the commercial context, evidential...
Popular documents
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 ]...
Discover more from LexisNexis
