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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 ‘ How to’ guide explains the practical management of under-performance within the workplace. It looks, in particular, at potential causes of poor performance, a manager’s duties, approaches to encouraging those who are falling short and key traps to avoid, and it summarises a formal performance procedure. Why an employer should tackle under-performance At common law, there is an implied term that an employee will be capable of carrying out the role for which they were hired. For additional detail, refer to Practice Note: Types of contractual term in employment— Employee’s implied obligations, under ‘ Competence’. The core difficulty with under-performance is that the individual is either failing to do the work the employer requires, or is doing it without adequate competence......
This ‘ How to’ guide clearly explains how to run an informal performance management meeting. It helpfully outlines the meeting structure, in particular delivering appropriate feedback, basic coaching skills, and agreeing an action plan to be followed thereafter. An informal performance management meeting can very usefully be divided into two clear stages: explain in discussion with the employee clearly the difference between their current performance and the level expected, and then also establish the reasons for any under-performance where appropriate agree ideas on how to close that gap For further information and context on the management of under-performance generally, see Practice Note: How to manage under-performing employees. Establishing the nature of the under-performance and the reasons behind it Although the manager will need to provide some feedback during the conversation (see Feedback, below), the most valuable approach in the meeting is asking effective...
This Practice Note explores the legal and practical considerations for an employer to take into account in relation to menopause. What menopause is Menopause forms part of the natural ageing process in a woman’s life, typically occurring between ages 45 and 55, and is clinically recognised when a woman’s menstrual cycle has stopped for 12 consecutive months. In the UK, the average age at which a woman reaches menopause is 51. In this Practice Note, the terms ‘menopause’ and ‘menopausal’ are intended to include: perimenopause, ie the phase before menopause when a woman’s hormone levels begin to change, which usually starts from around the age of 45 menopause the post-menopause period, ie the time after menopause has occurred, beginning when a woman has not had a period for a year On average, menopause symptoms last between four and eight years, but for around 10% of women they can...
How to advise on drafting an appraisal form This ‘ How to’ guide outlines how to advise on preparing an appraisal form. Performance management sits at the heart of the relationship between manager and employee. Both parties should be clear about what must be achieved to meet their own objectives and to support the organisation’s overall aims and success together. The appraisal process represents a vital component of performance management. The guidance below details good practice in drafting and designing a competency‑based appraisal form. It includes links throughout to Acas advice on managing performance, which is archived on The National Archives website. For additional detail on appraisal procedures, see Practice Notes: How to manage personal development and appraisals and How to advise on managing an appraisal meeting......
‘ How to’ guide This guide explains how to plan and deliver an effective personal development and appraisal framework, from preparation through to implementation. At the heart of all performance management sits the partnership between the employee and their manager. Each should be clear on the actions required to achieve individual objectives while supporting the aims of the organisation as a whole. This Practice Note reflects Acas guidance on managing performance, as archived on The National Archives website......
How to This ‘ How to’ guide outlines how to advise a manager in relation to managing or carrying out an appraisal meeting. Performance management lies at the heart of the manager–employee relationship. Both parties should be clear about what must be done to reach their own objectives and to add to the business as a whole. Appraisal meetings are a key part of performance management processes. The guidance on these meetings provided here takes into account Acas guidance on managing performance, which has been archived on The National Archives website......
This Practice Note explores the steps an employer should take to handle the fair dismissal of an employee on performance grounds and to reduce the risk of an unfair dismissal finding. Employees with adequate length of service and who otherwise satisfy the qualifying conditions have statutory protection from unfair dismissal (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal). To prevent a determination of unfair dismissal, employers must have a fair reason to dismiss. Capability or performance is one of the potentially fair reasons for termination (see Practice Note: Reason for dismissal—general— Potentially fair reasons). Nevertheless, to dismiss an employee fairly for performance, the employer must also follow a fair process that provides the employee with sufficient opportunity to improve. Ultimately, it must be demonstrated that dismissal is a fair sanction to...
This Practice Note primarily addresses the civil remedies available for infringement of trade marks, design rights and copyright in the UK, drawing on statute and the common law. The remedies include injunctions; damages or an account of profits; erasure, delivery up or destruction of infringing goods and the tools or materials used to produce them; dissemination of judgments; and recovery of costs. It also considers declaratory relief and interim measures, together with contempt of court for non-compliance with orders, and civil restraint orders. In addition, it reviews the relief obtainable in claims or counterclaims alleging invalidity, revocation or making unjustified threats, and deals with practicalities such as drafting the order, addressing new technologies and evaluating settlement. The Note also touches on remedies concerning criminal offences related to trade marks, designs and copyright. Matters relating to patents are not covered. For guidance focused on...
This Practice Note This Practice Note outlines the IP and competition law considerations that can surface around character merchandising (that is, licensing a character’s name or image for promoting goods or services, typically involving licences of trade marks and/or copyright) in the UK. It reviews matters arising under the Competition Act 1998 ( CA 1998). It discusses potential block exemptions and individual exemptions that could be relevant. It also explores how competition law intersects with the tort of passing off. Conceptually, linking a product or service with a character enhances its appeal in the marketplace. For licensors, beyond the royalties received, exploiting such character rights can be an essential tool for marketing and sponsorship. For a concrete illustration where IP rights were licensed for character merchandising, together with an examination of the strategic considerations, see News Analysis: What does the Barbie film mean for IP...
This Practice Note examines infringement of UK registered and unregistered designs, encompassing re-registered designs, continuing unregistered designs ( CUDs) and supplementary unregistered designs ( SUDs) introduced when the UK exited the EU. It addresses both primary and secondary infringement, sets out defences and exemptions from liability, and outlines relevant criminal provisions. The UK’s designs system is relatively intricate, particularly in the wake of Brexit, and spans several distinct rights. Because these rights can overlap, a single product may fall within multiple design protections at once. The UK designs framework and relationship with EU designs Before IP completion day (11 pm GMT on 31 December 2020), four design rights were available in the UK: UK registered designs, the UK unregistered design right (often called ‘design right’), registered Community designs ( RCDs) and unregistered Community designs ( UCDs). On IP completion day, the EU design regime under EU...
At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU came to a close. In UK law this is termed ‘ IP completion day’, when the core interim arrangements ended and material changes took effect across the UK’s legal framework. This carries consequences for practitioners evaluating enforcement matters. For additional guidance, refer to Practice Note: Family proceedings with EU connections—toolkit. See also Practice Note: Jurisdiction EU— Impact of Brexit. The reciprocal arrangements in this Practice Note deal with the position as to: enforcement outside the EU enforcement in EU Member States after 31 December 2020 where transitional provisions provided for by the Jurisdiction and Judgment ( Family) ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/519, reg 8(2) (as amended) do not apply See also Practice Note: Enforcement with EU Member States. In every...
This Practice Note examines how the Foreign Judgments ( Reciprocal Enforcement) Act 1933 ( FJ( RE) A 1933 / the Act), together with CPR 74, operates to enforce overseas judgments in the courts of England and Wales ( English courts). It outlines why the Act matters, identifies the states to which it extends, details the prerequisites for registration, the steps for obtaining registration, the evidential material needed on the application, the making of a registration order and the legal consequences of that order. The Practice Note also covers the process for setting aside registration. For guidance: on enforcing an English court judgment abroad, see Practice Note: Cross-border enforcement of English judgments—principles on applying the Act in the context of insolvency claims, see Practice Note: Insolvency judgments and the Foreign Judgments ( Reciprocal Enforcement) Act...
Accelerated first appointment procedure This Practice Note reviews the accelerated first appointment route described in the Financial remedies guide ( March 2026) (the FRG). It explains when it may properly be invoked, the compliance steps required to follow the procedure, the way an application is ultimately decided, and the circumstances in which it is not available for use. It further covers preparing an agreed directions order, use of the financial remedies online platform, and provision for a private financial dispute resolution appointment. In the Financial Remedies Court, first appointments may appropriately be managed by an accelerated process (distinct from the fast‑track procedure and the express financial remedy procedure pilot). Parties at every judicial tier are ‘encouraged’ to settle directions by consent in accordance with this model, thereby dispensing with the attendance of parties and legal representatives at the first appointment hearing. The scheme...
This Practice Note signposts key family precedents available in Lexis+® UK for use in financial remedy proceedings, including precedent letters to clients, experts and third parties, plus first appointment documents with accompanying drafting notes. It also provides links to the financial standard orders published as part of the standard orders project. Lexis+® UK financial provision client guides—precedent letters that family law practitioners may send directly to clients—are likewise included. For details of other essential family precedents on Lexis+® UK, see Practice Note: Fast find key family precedents. Marital/civil partnership agreement precedents The following pre-nuptial or pre-partnership precedents are intended for couples planning to marry or enter a civil partnership who wish to regulate their financial responsibilities and liabilities towards each other if divorce or dissolution follows. The client guides are precedent letters for clients explaining the implications of entering into a...
This toolkit This toolkit gathers a range of resources and constitutional documents tied to the Financial Remedies Court ( FRC), notably the Financial Remedies Guide ( March 2026) (the FRG), which supersedes both efficiency statements, together with template ES1 (composite case summary) and template ES2 (composite schedule of assets and income). It also sets out an overview of the available Practice Notes to support practitioners running cases in the FRC. The FRC operates as a subsidiary structure within the Family Court, with the core aim of enhancing the delivery of financial remedies. See also Practice Note: The Financial Remedies Court. The FRG (issued on 13 March 2026) revised and brought together the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level ( January 2022) (the below High Court judge level efficiency...
Practice Note This Practice Note explains the purpose and framework of the Financial Remedies Court ( FRC), a constituent structure within the Family Court. It identifies the categories of cases that can be handled in the Financial Remedies Court and the steps to be taken on an application. It also outlines guidance and standards of good practice for work in the Financial Remedies Court. On 13 March 2026, the Financial remedies guide ( March 2026) (the FRG) was issued with the authority of the President of the Family Division. It updates, consolidates and replaces the following: Statement on the efficient conduct of financial remedy cases allocated to a High Court judge, whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High...
STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, now supersedes and replaces the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the...
Introduction This Practice Note reviews the current Irish intellectual property framework governing artificial intelligence ( AI) and machine learning in Ireland. It summarises the principal strands of IP law relevant to AI systems and models and, in particular, explores questions around IP rights in: AI inputs (eg training data) the AI system itself AI outputs What is artificial intelligence? There is no single, settled definition of AI. In general terms, it refers to the imitation of human intelligence by machines, usually computer systems. Regulation ( EU) 2024/1689, the EU AI Act, defines an AI system as: ‘… a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content,...
This Practice Note explores two effects of the Financial Conduct Authority’s ( FCA) Consumer Duty on claims management companies ( CMCs). First, it looks at how the Duty applies to CMCs, covering why CMCs fall within scope, sectoral considerations for each cross-cutting obligation and for each of the four customer outcomes, and how the FCA’s historic and current concerns have informed its expectations of CMCs in meeting the Duty. Second, it considers how CMCs may use the Consumer Duty to progress consumer claims. For an outline of the main features of the FCA’s Consumer Duty, see Practice Note: The FCA Consumer Duty—essentials. For key developments, see: The FCA Consumer Duty—timeline... Overview and key points for CMCs and the Consumer Duty CMCs are broadly understood as firms or individuals that support consumers by handling claims for compensation or other benefits. Although CMCs are rarely...
This Practice Note sets out the principal Irish legal and regulatory points a website operator should consider when running a site, such as: The type and functionality of the website Information disclosure requirements Consumer protection Privacy and data protection Cookies Accessibility Cybersecurity Platform-to-business Online payments Advertising, promotions and direct marketing Competition law Taxation Liability for third party content Intellectual property and respecting copyright Geographic and territorial considerations Consideration of electronic data interchange ( EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is outside the scope of this Practice Note. The type and functionality of the website Applicable compliance duties and rules differ according to a site’s nature, functionality or purpose. Pinpointing these...
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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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