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
Beginning with the latest entries, the following sets out particulars of real-world schedules applied in selected Part 26A restructuring schemes across 2021–2022, illustrating the length of notice allowed between issuing the......
This Practice Note offers guidance on applying limitation periods to insurance and reinsurance claims. It addresses how to determine when a cause of action arises and what follows once a limitation period has lapsed. It also explains routes to extend time, including the use of standstill agreements. In addition, it examines limitation periods and other key deadlines in special situations, such as contribution claims... Introduction In England and Wales, the Limitation Act 1980 ( LA 1980) sets the time limits for specific claims. See Practice Note: Limitation-the principal limitation periods for a summary of that statute and how it has been read by the courts. Claims involving insurers and reinsurers face the same time bars, yet features of insurance and reinsurance contracts, and London market practice more broadly, have generated limitation questions addressed here... This Practice Note covers: Pinpointing accrual of the cause of action in...
ARCHIVED: This Practice Note is archived and no longer maintained. For further details, please refer to 2024: Key dates for restructuring and insolvency professionals [ Archived]. Last updated: 20 September 2023 January 2023 Date Event 31 January 2023: The six-month transition beginning on 1 August 2022 for overseas entities to secure registration concludes. Restrictions recorded on the title registers for qualifying estates owned by overseas entities take effect. See Practice Note: The register of overseas entities and its impact on loan transactions ( Economic Crime ( Transparency and Enforcement) Act 2022). February 2023 Date Event 6 February 2023: Second Reading of the Retained EU Law ( Revocation and Reform) Bill in the House of Lords. See: LNB News 26/01/2023 34 and LNB News 30/01/2023 71 and News Analysis: Retained EU Law ( Revocation and Reform) Bill-impact for restructuring and insolvency. 6 February 2023: The...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the decision of 20 March 2023; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger investigation into the proposed acquisition of VOO SA and Brutélé by Orange Belgium SA ( M.10663). The deal features horizontal overlaps in the provision of retail mobile and fixed telecommunications services. Latest developments On 20 March 2023, the Commission approved the merger subject to commitments. It identified risks that the transaction would: Cut the number of operators from three to two in territories served by VOO and Brutélé’s own fixed networks, thereby removing Orange as an innovative and important competitive constraint; Materially lessen rivalry in markets where Orange, VOO and Brutélé compete closely (fixed internet access, audio-visual services and multiple-play bundles) within the footprint of VOO and Brutélé’s fixed...
A minority member within a company often lacks real sway over management or those holding the majority, so their interests can on occasion be overlooked. When they need to safeguard their position, a minority member has several options available, including: seeking that the company be wound up bringing an unfair prejudice petition pursuing a derivative claim issuing a claim against a director in their personal capacity, where grounds exist This fundamentals note focuses on how a minority member may protect their interest by asking that the company be wound up. For further detail, see Practice Notes: Just and equitable winding-up-what it is and when to use it and Just and equitable winding-up-the procedure. For information on other procedures and remedies open to a minority member, see Practice Notes: Derivative claims-fundamentals and Unfair prejudice...
This Resource Note summarises the key elements of Rules 12, 13, 14, 15 and 16 of the AIM Rules for Companies ( AIM Rules), which address the disclosure and reporting of corporate transactions undertaken by an AIM company. It signposts pertinent materials, commentary and guidance from the London Stock Exchange ( LSE), together with Lexis+® UK analysis and resources, to deliver practical assistance on interpreting and applying Rules 12, 13, 14, 15 and 16 of the AIM Rules in practice. Content covered in this Resource Note includes the following materials: the AIM Rules themselves the AIM Rules for Nominated Advisers ( Nomad Rules) Inside AIM, the periodic publication from the AIM Regulation team AIM Notices, which are issued periodically, and contain information on AIM regulatory and administrative matters Lexis+® UK and Lexis®Library...
STOP PRESS : Significant reforms to the UK prospectus regime came into force on 19 January 2026. The new framework for public offers of securities and admissions to trading in the UK is now chiefly contained in the Public Offers and Admissions to Trading Regulations 2024, SI 2024/105, (the POATRs) and the FCA sourcebook, The Prospectus Rules: Admission to Trading on a Regulated Market ( PRM). The UK Prospectus Regulation and the FCA Prospectus Regulation Rules have been revoked. The reforms are intended to make capital raising simpler and materially lessen the circumstances in which a company must publish an FCA approved prospectus for further issues of shares. For full details of the changes, see Practice Note: UK prospectus regime reform. This Practice Note reflects the regime that applied in the UK before 19 January 2026. It supplies accessible, practical guidance and directs readers to more...
Resource Note This Resource Note summarises the key elements of Rules 20, 21, 22, 23, 24, 25 and 26 of the AIM Rules for Companies ( AIM Rules). These provisions cover issuing documents to shareholders, dealing policies, provision and disclosure of information, corporate action timetables, and disclosure of company information. It also signposts pertinent materials, commentary and guidance from the London Stock Exchange ( LSE), alongside both Lexis+® UK analysis and resources, offering hands-on direction on how to interpret and apply Rules 20 to 26 of the AIM Rules in real-world practice......
This Resource Note This Resource Note summarises the key provisions in Rules 17, 18 and 19 of the AIM Rules for Companies ( AIM Rules). These rules address disclosure of miscellaneous information and the publication of half-yearly reports and annual accounts by an AIM company. It also signposts relevant materials, commentary and guidance from the London Stock Exchange ( LSE), alongside Lexis+® UK analysis and resources, to deliver practical guidance on interpreting and applying Rules 17, 18 and 19 of the AIM Rules......
Continuing obligations of an AIM company A company admitted to trading on AIM (an AIM company) is required to observe a set of ongoing requirements contained in the AIM Rules for Companies ( AIM Rules), as issued by London Stock Exchange plc ( LSE). Such a company should also take account of the AIM Rules for Nominated Advisers, which outline the duties and expectations of its nominated adviser, together with the AIM Disciplinary Procedures and Appeals Handbook in full. There are further applicable legal and regulatory regimes which include the Companies Act 2006 ( CA 2006), the Financial Services and Markets Act 2000 ( FSMA 2000), the Financial Services Act 2012 ( FSA 2012), the City Code on Takeovers and Mergers (the Takeover Code), certain relevant sections of the Disclosure Guidance and Transparency Rules ( DTR), and the UK Market Abuse...
This Practice Note addresses the suspension of trading in an AIM company’s securities and the cancellation of trading in an AIM company’s securities. Suspension of trading in AIM securities As a general rule, the London Stock Exchange ( LSE) aims to minimise any disruption to the trading of shares on AIM. Nevertheless, where an AIM company has contravened the AIM Rules for Companies ( AIM Rules), or a suspension is needed to protect investors, the LSE may suspend trading in that company’s shares. Continued compliance with the AIM Rules during suspension Throughout any suspension, an AIM company is required to continue observing the AIM Rules......
This Practice Note provides an overview of the agreement for the purchase of some or all of a company's assets (the APA). See Precedent: Asset purchase agreement—pro-buyer—corporate seller—conditional—long form. The APA sets out the terms upon which the purchaser agrees to acquire from the seller the assets comprising the target business (the Assets) and is the principal document in any asset purchase transaction. The purchaser agrees to pay the seller the purchase price for the acquisition of the Assets (the Consideration), and in exchange the seller conveys title to the Assets through the appropriate means, which will vary according to the nature of the asset. Some assets may pass by mere delivery and, for those, the APA alone can effect the transfer; other categories of asset will need further instruments to pass them to the buyer. Because only assets expressly identified in the APA will be...
Tracker overview This UK Listing Rules ( UKLR) tracker presents an overview of recent and forthcoming amendments to the UKLR sourcebook, together with connected legislative and regulatory developments, guidance and updates. The UKLR sourcebook took effect on 29 July 2024 following a reorganisation of the listing regime. The tracker also signposts consultation papers, policy statements, practical guidance and notices issued by the Financial Conduct Authority ( FCA). For comprehensive information on the reshaping of the listing regime, see Practice Note: Reform of the UK listing regime—fundamentals. For destination tables showing where provisions from the former Listing Rules now appear within the UKLR (to the extent they have been carried across into the new rules), see Practice Note: Listing Rules to UK Listing Rules—destination tables. Developments in 2026 Date: 06/03/2026 Document: FCA Quarterly Consultation No 51 — CP26/8: clarificatory changes to UKLR provisions on...
STOP PRESS: A major overhaul of the UK listing regime took effect on 29 July 2024, removing the premium and standard listing segments and introducing a single listing category for equity shares in commercial companies. This commercial companies category is strongly disclosure-led and sits alongside other listing categories, such as the categories for shell companies, secondary listing and closed ended investment funds. A new UK Listing Rules sourcebook was introduced to deliver these reforms, and the earlier Listing Rules sourcebook was withdrawn. For more detail, see Practice Note: Reform of the UK listing regime—fundamentals. This Practice Note describes the listing framework as it stood before 29 July 2024. It concentrates on moving a company from AIM to the Main Market for listed securities ( Main Market) of the London Stock Exchange ( LSE), outlining the benefits and drawbacks and the steps...
This Practice Note offers a primer on the agreement. It sets out the scope, the three categories of prohibited subsidies, the notification and transparency obligations, and dispute resolution. It also highlights other provisions relevant to the agreement. Introduction The AFS was agreed at the 12th WTO Ministerial Conference in June 2022 in Geneva. It forms part of a set of key trade initiatives known as the ‘ Geneva Package’. Other outcomes include: Ministerial Decision on TRIPS Non-violation and Situation Complaints Ministerial Declaration on Responding to modern Sanitary and Phytosanitary Challenges Ministerial Declaration on the Emergency Response to Food Insecurity Ministerial Decision on the TRIPS Agreement, and Ministerial Declaration on the WTO Response to the COVID-19 Pandemic and Preparedness for Future Pandemics Negotiations on the AFS began in 2001 during the Doha Round. It is only the second...
This Practice Note forms part of a cross‑jurisdictional guide that examines crucial aspects of creating particular business entities worldwide. Member firms of the Multilaw global network respond to core queries on the subject. It highlights the main points to consider when establishing a private limited company in Pakistan. Current as at 13 January 2023. Author: Ahmed Farooq and Malik Haseeb Ahmad, Meer & Hasan, a Multilaw member firm Common entities 1. Which entity type does this questionnaire focus on? Which other commonly used forms in this jurisdiction are dealt with in separate questionnaires? This response relates to the private limited company (styled XYZ ( Pvt) Limited). 2. Identify other entity types available locally that exist but are not covered here: public companies that are listed public companies that are not listed single‑member companies not‑for‑profit limited companies limited liability...
This Practice Note forms part of a cross-border guide that explains essential considerations in setting up specific business vehicles across worldwide jurisdictions. Leading law firms within the Multilaw global network respond to central questions on this area. This edition sets out the key points to consider when registering a registered overseas company in New Zealand. Current as at 13 January 2023. Authors: Mark Lowndes and Kerri Dewe, Tompkins Wake, a Multilaw member firm Common entities Which entity type does this questionnaire address? Which other commonly used entities in this jurisdiction are covered in a different questionnaire? This response concerns the registered overseas company (branch/representative office). The limited liability company ( LLC) is dealt with in a distinct response prepared separately. Name other entity types available locally that are not presently covered by a questionnaire: Sole...
This Practice Note forms part of a multi‑jurisdictional guide that covers the essential elements of creating specific business entities around the world. Leading law firms within the Multilaw global network respond to key questions on the subject. This guide sets out the primary considerations when establishing a limited liability company in New Zealand. Current as at 13 January 2023. Authors: Mark Lowndes and Kerri Dewe, Tompkins Wake, a Multilaw member firm Common entities Which entity form is addressed in this questionnaire? Which other commonly used forms in this jurisdiction are treated in another questionnaire? The focus here is the limited liability company. The registered overseas company is covered in a separate response. Identify other entity types in your jurisdiction that exist but are not covered by a questionnaire at this time: Sole...
This Practice Note forms part of a cross‑border guide covering core issues in establishing particular business vehicles worldwide. Top law firms within the Multilaw global network respond to pivotal queries on this subject. The guide outlines principal considerations for setting up a private limited liability company in Myanmar. Updated as at 22 September 2025. Authored by Yuwadee Thean‑ngarm, Tilleke & Gibbins Myanmar Limited, a Multilaw member firm. Common entities This response centres on the private limited liability company (tarwon kant-that-htar-thi amyar-hnint ma-thet-sai-thi company). The Myanmar transliteration of private limited liability company is tarwon kant-that-htar-thi amyar-hnint ma-thet-sai-thi company, and its official abbreviations are Ltd. ( Limited) or Co., Ltd. ( Company Limited). In Myanmar, this vehicle is referred to both as a Limited Company and simply as a company... Other entity types in this jurisdiction, not addressed by a separate questionnaire at this time,...
This Practice Note is part of a cross‑jurisdictional guide that covers key facets of forming specific business entities across global jurisdictions. Member firms within the Multilaw network supply responses to the core questions. This edition sets out the main considerations when establishing a limited liability company in China. Current as at 8 September 2025. Authors: Lixin Cui and Henry Shi, Jun He LLP, a Multilaw member firm. Common entities The subject of this questionnaire is the limited liability company ( LLC). Other entity types that exist in this jurisdiction but are not covered here include: Partnership Company limited by shares Financial institution, and Non-profit organisation General principles Main legal...
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
