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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 offers direction to in-house counsel on applying competency frameworks to cultivate talent across their teams, and features an example competency profile for a seasoned legal adviser. Competencies describe the behaviours people must demonstrate, or learn, to perform well in their roles and responsibilities at work. Where an organisation has adopted them, HR will usually champion competencies and act as their principal promoters within the organisation. At times HR promotes organisation-wide competencies for all staff; this can clearly pose issues for in-house lawyers, in particular, if they struggle to see their relevance to the legal function and to their role. Competency frameworks are valuable for pinpointing which team members already show potential to advance, and which have development or improvement needs that warrant attention and further support. They should not be used to criticise weaknesses, but to supply a...
What is an undertaking? An undertaking is a commitment with three core features: a statement made verbally or in writing, whether or not it uses the terms 'undertake' or 'undertaking' addressed to a person who can reasonably rely on it that you, or a third party, will do (or ensure is done) something, or will refrain from doing something All these elements must be present for an undertaking to arise. In most situations it is obvious whether an undertaking has been given. Not every assurance or expression of intention from a solicitor is an undertaking; if it were, even a promise to return a telephone call would be enforceable. Drawing the line between an enforceable undertaking and a simple statement of intent is challenging. There are no hard and fast rules; each matter depends on its own facts. For more guidance, see Practice Note: What is a...
CASE HUB ARCHIVED - this archived case hub reflects the position as at the judgment dated 12 January 2023; it is no longer maintained. See further, timeline and relevant/related cases. Case facts Outline: Appeal brought against the General Court’s judgment in Case T- 814/177, which substantively rejected an action seeking annulment of the Commission’s decision of 2 October 2017. That decision found an abuse of Article 102 TFEU and imposed a €27,873,000 fine on AB Lietuvos geležinkeliai for dismantling a 19km-long section of railway line connecting Lithuania and Latvia ( AT.39813). Outcome On 12 January 2023, the Court of Justice delivered its ruling, dismissing the appeal in its entirety. In particular, the Court of Justice found, among other points, that: the General Court made no error in its appraisal of the abusive conduct; the contention that the track removal was not abusive rested on a...
Relevant News Analysis The Lexis+® UK practical guidance team consistently releases insights on the LMA and its documentation, set out below in reverse date order. 14 July 2025 - Exercising assigned rights prior to enforcement ( Vietjet Aviation Joint Stock Company v FW Aviation ( Holdings) 1 Ltd): This analysis considers Vietjet Aviation, where the court distinguished a lender’s immediate ability to exercise rights assigned under a security document from its right to enforce, which only arises following an ‘enforcement event’. It also affirmed the broad Argo Fund interpretation of “financial institution”. The loan’s transfer mechanics reflected LMA standard documentation. 12 February 2024 - Revised Guidance for Green, Social, and Sustainability- Linked Loans External Reviews-what has changed?: Following the LMA’s 25 January 2024 update to its Guidance for Green, Social, and Sustainability- Linked Loans External Reviews, this analysis outlines the...
PI & Clinical Negligence horizon scanner- July 2022 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. It provides a concise overview of the principal legal developments relevant to personal injury and clinical negligence practitioners as at 1 July 2022. For the most up-to-date horizon scanner, see PI and Clinical Negligence horizon scanning-overview. Key PI & Clinical Negligence developments Sixteenth edition of the Judicial College Guidelines is published The 16th edition of the Judicial College Guidelines ( JCG) has been released more than two years after the 15th edition. The JCG is typically the first reference point for practitioners and the courts when valuing general damages in personal injury and clinical negligence claims. The sums in this edition reflect the broad inflationary increase since the last version. See: LNB News 11/04/2022 Mo J reports approved amendments to Low Value Personal Injury...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 29 June 2022; it is no longer maintained. See further, timeline. Case facts Outline Appeal against the General Court’s ruling in Case T‑515/18, which dismissed an action seeking annulment of the Commission decision of 14 June 2018. That decision, adopted under Article 7(2) of Regulation 773/2004, refused a complaint submitted by Fakro Sp. z o.o. against VKR Holding A/ S alleging abuse of a dominant position ( Case AT.39451). Outcome On 30 June 2022, the Court of Justice delivered its judgment and rejected the appeal in full. In particular, it held that the General Court did not err in finding no manifest error by the Commission when it evaluated the EU interest in pursuing further investigation as low and dismissed Fakro’s complaint on the basis of low...
Private children standard orders Practice Note This Practice Note outlines, and provides access to, private children standard orders issued by the standard orders group with the authority of the President of the Family Division, together with directions on issue and allocation, at the first hearing dispute resolution appointment ( FHDRA) and dispute resolution appointment ( DRA), plus case management and final orders. The orders encompass, among other areas, proceedings for child arrangements orders, specific issue and prohibited steps orders, parental responsibility, guardianship and special guardianship, enforcement of orders, and temporary leave to remove... On 17 May 2023, Mr Justice Peel, the judge in charge of standard orders, announced that, with the President’s authority and following a review and consultation, the standard orders were updated to reflect developments in law, practice and procedure and to secure consistency. See: LNB News 17/05/2023 88. On the same date, Peel J also...
Patents can be revoked (ie struck from the patents register) if, in any respect, they are found invalid. Once revoked, a patent is treated as though it never existed. The statutory grounds are prescribed in section 72 of the Patents Act 1977 ( PA 1977). One such ground is that the invention is not patentable. Under PA 1977, s 1, an invention is patentable only if it: is novel (ie not ‘anticipated’) entails an inventive step (ie not ‘obvious’) can be applied industrially is not excluded under PA 1977, s 1(2)–(3) or s 4A This Practice Note focuses on invalidity arising from a lack of inventive step, often called patent obviousness. For guidance on other revocation grounds, see the Practice Notes: Patent invalidity—grounds of revocation Patent...
This Practice Note outlines the principal considerations to be weighed when seeking and effecting alternative service of documents on a defendant domiciled outside England and Wales. For guidance on the general principles of alternative service, see Practice Note: Alternative service-principles. For guidance on service out of the jurisdiction, see Practice Note: Cross-border service-a guide for dispute resolution practitioners. Defendant has an address in England and Wales An address within the jurisdiction does not, of itself, show that the defendant is present here for the purposes of service. In practice, two main situations arise: the defendant is resident in the jurisdiction-the defendant can be served at the residence, even if only temporarily resident the defendant is resident outside the jurisdiction-service must comply with the rules for service out of the jurisdiction set out in Part 6 For guidance on determining residence, see Practice Note:...
Practice Note This Practice Note outlines the principal environmental offences in Scotland across water, pollution, waste, public health and conservation. For each offence, it sets out any available statutory defences and the maximum penalties that may apply. For more detailed guidance on the types of sentences available for environmental offences, and on the approach taken by the Scottish courts when sentencing such cases, see Practice Note: Sentencing environmental offences in Scotland. The Environmental Authorisations ( Scotland) Amendment Regulations 2025, SSI 2025/165, commenced generally on 1 November 2025, with certain provisions beginning on 1 June 2025. That instrument repealed the Water Environment ( Controlled Activities) ( Scotland) Regulations 2011, SSI 2011/209, and the Pollution Prevention and Control ( Scotland) Regulations 2012, SSI 2012/360. Offences previously contained in those regimes are now consolidated within the Environmental Authorisations ( Scotland) Regulations 2018 ( EASR 2018), SSI...
For a primer on art law aimed at Private Client practitioners, consult Practice Note: Art law-introduction for Private Client practitioners. Restitution is a nuanced field. For a detailed overview of the general law in England and Wales on this area, see: Unjust enrichment and restitution-overview. This Practice Note examines restitution within an art law frame. Although it centres on English law, it touches on several core restitution issues of relevance to practitioners. As the subject is global in reach, continually developing and bound up with varied ethical and public policy concerns, this introductory note aims only to flag key features, without attempting an exhaustive treatment of every element or complexity that may arise. Restitution in art cases Historical context War all too often brings widescale looting and pillage across territories caught up in the fighting. In earlier times, it was accepted that victors could take cultural and...
What is a restrictive covenant? A restrictive covenant is a binding promise attached to land that limits how the owner may use it. See Practice Note: Restrictive covenants-nature and characteristics. The covenantee, or beneficiary, is the person who owns the benefitting land and enjoys the restriction’s advantage. The beneficiary is commonly the party resisting any release or alteration (though not invariably-see below). The covenantor, or burdened owner, is the person who owns the land subject to the restriction and bears its burden. The burdened owner is often the party seeking a release or change (though not invariably-see below). This Practice Note uses the terms ‘beneficiary’ and ‘burdened owner’ rather than ‘covenantee’ and ‘covenantor’ to recognise that ownership of the land may have changed since the covenant was created. How to discharge or modify a restrictive covenant There are two principal routes to discharge or modify a...
Building Safety Act 2022 ( BSA 2022) The government presented the Building Safety Bill (the Bill) to Parliament in July 2021, with the intention of implementing the recommendations and principles from Dame Judith Hackitt’s ‘ Independent Review of Building Regulations and Fire Safety’. The Bill received Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 ( BSA 2022). The BSA 2022 brings fundamental reforms to the law and regulation of building safety, aiming to ‘secure the safety of people in or about buildings and improve the standard of buildings’. For an outline of the BSA 2022’s scope and analysis of its principal measures, see Practice Note: Building Safety Act 2022-key provisions and issues. Reforms introduced by the BSA 2022 include new statutory rights of action against parties who have supplied cladding and construction products that cause a residential property to be ‘unfit for...
This Practice Note gives guidance on the scope and interpretation of section 38 of the Building Act 1984 ( BA 1984) The government signalled that BA 1984, s 38 would commence ‘alongside’ the legislative changes that took effect under the Building Safety Act 2022 on 28 June 2022, but no regulations have yet been published to commence it. Section 38 states that, where a duty set by the building regulations is breached and damage results, the breach is actionable. In effect, parties who do not comply with the building regulations may face civil liability. This Practice Note clarifies what the building regulations cover, who may bring or face claims under BA 1984, s 38, and the damages that might be recovered in a claim relying on s 38. The focus is on those regulatory provisions that prescribe standards for building work, where...
CASE HUB ARCHIVED - this archived case hub reflects the position at the date of the decision of 15 May 2023; it is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger review into MOL Hungarian Oil and Gas Plc’s proposed purchase of OMV Slovenija. The deal gives rise to horizontal overlaps in the retail fuel supply market. Latest developments On 17 May 2023, the Commission granted unconditional clearance to the proposed transaction, albeit with conditions. It accepted MOL Hungarian Oil and Gas Plc’s commitment to divest 39 fuel stations in Slovenia to the Shell Group. Parties MOL Hungarian Oil and Gas Plc ( MOL): Based in Hungary, MOL is the parent of the MOL Group, an integrated oil and gas group active in exploring, producing and refining crude oil, and distributing refined oil products. At retail level, MOL Group operates around 2,000 fuel...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 581/22 ARCHIVED - this archived case hub records the position as at the judgment of 22 June 2022; it is no longer maintained. See further, timeline. Case facts Outline Appeal before the General Court seeking annulment of the Commission’s decision of 11 June 2019 prohibiting the planned joint venture between Tata Steel and Thyssen Krupp AG ( Case M.8713). Latest development On 22 June 2022, the General Court delivered its ruling, dismissing the appeal in full. It held that: the Commission has a margin of discretion in conducting its economic assessments; in any event it clearly explained its reasoning and is not obliged to run every form of econometric test; technical feasibility is a necessary, but not sufficient, condition for supply-side substitutability, and it rejected pleas concerning geographic market definition, the role of imports, and the...
Bosnia & Herzegovina FDI control 1. What is the applicable legislation? Bosnia and Herzegovina presently lacks an FDI screening regime akin to those developing across Europe under the EU FDI Screening Regulation. Rather than that model, it relies on more conventional authorisation frameworks, with particular attention on the defence and media fields. Owing to the country’s administrative set‑up, foreign investment, including in areas subject to special limitations, is regulated at several tiers: Bosnia and Herzegovina (state level)-the Foreign Direct Investments Policy Act ( Official Gazette of Bi H Nos. 4/1998, 17/1998, 13/2003, 48/2010 and 22/2015) provides the overarching policy and procedural framework for foreign investment and applies throughout Bosnia and Herzegovina (the FDI Policy Act) Federation of Bosnia and Herzegovina ( FBi H) (entity level)-the FBi H Foreign Investments Act ( Official Gazette of FBi H, Nos. 61/2001, 50/2003 and 77/2015)...
A conversation with Danijel Stevanović, Partner, Nina Rašljanin, Associate, and Srdjana Petronijevic, Partner, on key issues in foreign direct investment ( FDI) control in North Macedonia 1. What is the applicable legislation? North Macedonia does not operate a foreign investment control framework mirroring those emerging across Europe under the EU FDI Screening Regulation. Instead, North Macedonia retains a classic, single-sector authorisation arrangement focused on the defence industry, akin to models typically set up in Europe during the latter half of the twentieth century. In addition, all direct investments by non-residents are subject to compulsory registration. Investments into North Macedonia (covering the defence-sector authorisation scheme and the mandatory registration of direct investments) are generally governed by the following: The Constitution of the Republic of North Macedonia; The Companies Act ( Official Gazette of RM, nos. 8/2004; 84/2005; 25/2007; 87/2008; 42/2010; 48/2010; 24/2011; 166/2012; 70/2013; 119/2013; 120/2013;...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 15 June 2022; it is no longer maintained. See further, timeline and related cases and commentary Case facts Outline Appeal before the General Court challenging the European Commission’s 24 January 2022 decision fining Qualcomm for abusing a dominant position in the worldwide market for 4G Long‑ Term Evolution ( LTE) baseband chipsets by making substantial exclusivity payments to Apple on the basis that it would not obtain supplies from competitors ( Case AT.40220). Latest development On 15 June 2022, the General Court delivered its judgment, upholding the appeal in full. It found multiple procedural irregularities that impaired Qualcomm’s rights of defence and invalidated the Commission’s analysis of the conduct alleged against Qualcomm. Parties Appellant: Qualcomm, Inc ( Qualcomm): A US‑based business designing and marketing wireless...
This Practice Note explores the deployment of online dispute resolution ( ODR) in civil proceedings across England and Wales, alongside the build-out of the digital justice system ( DJS) within HM Courts and Tribunals Service’s ( HMCTS) reform programme. It reviews current pilots in operation, notably the Online Civil Money Claims ( OCMC) pilot under CPR PD 51R and the Damages Claims pilot under CPR PD 51ZB. It also addresses the Judicial Review and Courts Act 2022 ( JRCA 2022), the creation of Online Procedure Rules ( OPR) and the role of the Online Procedure Rule Committee ( OPRC). Further online dispute resolution initiatives are considered, including those advanced by Lawtech UK. Background to the development of online dispute resolution In his Final Report on the Civil Courts Structure Review, published on 27 July 2016, Lord Justice Briggs recommended establishing an online court to handle...
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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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