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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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CASE HUB ARCHIVED- This archived case hub reflects the position at the date of the decision of 26 October 2022; it is no longer maintained. See further, timeline. Case facts Outline of a UK merger investigation into the anticipated acquisition by London Stock Exchange Group PLC of Quantile Group Limited. The deal featured vertical overlaps relating to the provision of post‑trade services. Latest developments On 26 October 2022, the CMA published its final report, granting unconditional clearance to the transaction. Parties London Stock Exchange Group PLC ( LSEG): The UK’s stock exchange. It operates markets that enable the raising of capital and the trading of corporate securities, provides access to a trading venue, and supplies real‑time pricing and reference information globally. Coverage spans equities, derivatives and fixed‑interest securities. Quantile Group Limited ( Quantile): Founded in 2015, it offers financial services. It has built a platform using an...
This practice note sets out two mechanisms by which trustees can reduce exposure to personal liability arising from their office: indemnities exoneration clauses in trust instruments Indemnities Trustees may reimburse themselves from the trust fund for expenses incurred in performing their trustee functions. This spans administration costs, taxes connected to the trust fund, and contractual obligations. It can also extend to the costs of actions against third parties and trust litigation, but care is needed to ensure such legal expenses are payable from the fund rather than personally. A trustee’s right to be indemnified arises only where the costs were incurred: properly, and while acting in their capacity as trustee In FMA v BBA, a case involving compromised trust proceedings, the trustees were refused an indemnity from the trust fund for costs incurred to advance their own interests rather than those of the...
UK Expansion Worker The UK Expansion Worker route under Global Business Mobility is designed for senior managers or specialist staff who are temporarily posted to the UK to establish a branch or a wholly owned subsidiary of an overseas enterprise. It superseded the Sole Representative provisions within the Representative of an Overseas Business route for first-time applications from 11 April 2022. The Practice Note: Sponsoring a UK Expansion Worker considers eligibility linked to the sponsor’s issue of a Certificate of Sponsorship ( Co S), covering required skill level, pay, and the necessity for prior overseas employment for a set minimum period. It also outlines the route’s background and possible alternatives. Eligibility: financial, validity and suitability criteria Period and conditions of permission, including the maximum assignment length Dependants Application procedure There is no English language requirement for this route. Key resources at a...
CASE HUB ARCHIVED-this archived case hub reflects the position at the date of the judgment of 12 January 2023; it is no longer maintained. See further, timeline and relevant/related cases. Case facts Outline Appeal against the General Court’s judgment in Case T-105/17 rejecting an application to annul the Commission’s decision of 7 December 2016, which established infringements and levied a fine on three banks that did not settle for their involvement in a cartel in the Euro Interest Rate Derivative ( EIRD) market ( Case AT.39914). Outcome On 12 January 2023, the Court of Justice handed down its ruling, partly allowing HSBC’s appeal and thus setting aside the General Court’s judgment to that extent. However, considering it could determine the dispute without sending it back, the Court of Justice issued a final ruling and dismissed HSBC’s...
NOTE: With effect from 14 August 2023, the County Court Money Claims Centre ( CCMCC) and the County Court Business Centre ( CCBC) have been retitled the Civil National Business Centre ( CNBC)-see: LNB News 14/08/2023 12- CCMCC issues name and performance update. This Practice Note sets out what happens after an application for a charging order is issued. The process varies according to whether the application is lodged in the Civil National Business Centre ( CNBC) or in another forum (for example, the High Court or a County Court Hearing Centre). For a concise overview of the process, see: Charging orders-route map to a final charging order-flowchart. For advice on where different applications should be commenced, and how to issue the application, see Practice Note: Charging orders-how and where to apply. Be aware there is a distinct process where the judgment debtor is a...
This Practice Note outlines the EU remuneration framework contained in the Capital Requirements Directive 2013/36/ EU ( EU CRD IV) and Regulation ( EU) 575/2013 ( EU CRR), together with the remuneration provisions in the Investment Firms Directive ( EU) 2019/2034 ( IFD) and the Investment Firms Regulation ( EU) 2019/2033 ( IFR). These rules apply to pay awarded by credit institutions and investment firms to their staff... Background and introduction to EU CRD IV and EU CRR In the aftermath of the 2008 global financial crisis, the Financial Stability Board ( FSB) and a number of national regulators reviewed remuneration governance and structures across financial services. They concluded that: firms and supervisors underestimated how pay policies and practices could fuel excessive risk-taking remuneration design, notably cash-heavy, short-term incentives, promoted undue risk appetite bonus pool methodologies did not adequately reflect firms’ capital and...
1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Bahrain? Bahrain’s merger control framework was updated by Ministerial Decision No. 72 of 2019 on the regulation of economic concentration ( Decision No. 72 of 2019), which set out explicit dominance thresholds and introduced compulsory pre-approval for qualifying deals. This instrument works alongside Law No. 31 of 2018 concerning the Promotion and Protection of Competition ( Law No. 31 of 2018), delivering a clearer, more organised system for supervising economic concentrations. Since that refinement, there have been no current ‘hot’ merger control matters in Bahrain. 2. Under law, is the control test the same as the EU concept of ‘decisive influence’? If not, how does it differ and what is the position in relation to...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment dated 06/05/2022; it is not being updated. See further, timeline, commentary and related cases. Case facts Outline An appeal was brought against the CAT’s ruling of 27 September 2021, which had dismissed a challenge to the collective proceedings order made by the CAT. That order certified, on an opt-out basis, a damages claim against BT pursued by Mr Justin Le Patourel under section 47B of the Competition Act 1998. Latest developments On 6 May 2022, the Court of Appeal handed down its judgment and unanimously rejected the appeal. It held, amongst other things, that: neither section 47B nor the CAT Rules 2015 establish any policy or legal bias in favour of, or against, opt-in or opt-out; the CAT rightly determined it possessed authority to order an account credit; and the CAT’s course of...
Across today’s interconnected economy, patent holders may find it necessary or advantageous to enforce their rights in several countries. This Practice Note sets out the key legal and practical factors for designing and carrying out a global patent litigation strategy, including selecting countries of interest, identifying likely defendants, and determining relevant patents, then reviewing the legal landscape in each chosen country in light of the patent proprietor’s overall litigation aims. Identify countries of interest and potential defendants When developing a worldwide patent litigation plan, a patent proprietor (and/or its legal advisers) should first pinpoint jurisdictions where it intends to secure its rights, whether by sustaining product exclusivity, pursuing patent licensing, or a mixture of both. Patentees should consider countries where: they use or plan to use their patented technology (i.e. technology protected by one or more of their patents in a particular country) ...
CASE HUB ARCHIVED - this archived case hub captures the position as at the decision of 12 January 2023; it is no longer maintained. See further, timeline. Case facts Outline A national reference from Czechia seeking clarification on the disclosure of evidence under the EU Damages Directive 2014/104/ EU (the Damages Directive). Latest developments On 12 January 2023, the Court of Justice ruled, among other points, that a national court may require the production of certain evidence for damages actions relating to an alleged breach of competition rules, even where those proceedings have been paused because the Commission has begun an investigation into the same conduct. The court must nonetheless verify that the disclosure sought is genuinely necessary and proportionate for the damages claim and that it adheres to the Damages...
This Practice Note summarises General Licences issued by the Office of Financial Sanctions Implementation ( OFSI) under the UK financial sanctions framework. It does not extend to General Trade Licences from the Department for Business and Trade ( DBT). HM Treasury may change, withdraw or suspend any General Licence at short notice; always consult the licence itself before acting. See Practice Note: Sanctions-legal services general licences for an overview of General Licence INT/2025/6160920 on legal services. Full details of OFSI General Licences can be found here. For guidance on specific financial sanctions licences and exemptions, see Practice Note: Licences and exemptions in financial sanctions. For practical steps on applying for an OFSI licence, see Practice Note: How to apply for an OFSI licence and Applying for an OFSI...
Senior or Specialist Worker and Graduate Trainee Senior or Specialist Worker and Graduate Trainee are Global Business Mobility categories that, from 11 April 2022, supplanted, respectively, the Intra- Company Transfer and Intra- Company Graduate Trainee routes. Through the Senior or Specialist Worker path, companies with linked overseas affiliates may post established personnel to their UK branch in a skilled position. For the purposes of sponsorship fees, it is treated as a Worker route. Individuals who are partners in business vehicles such as limited liability partnerships ( LLPs) are regarded as employees in this context for these specific purposes. This route is prescribed in the Immigration Rules, Appendix Global Business Mobility- Senior or Specialist Worker. Mentions of Senior or Specialist Worker also cover people granted leave under the former Intra-company and Tier 2 ( Intra- Company Transfer)/ Long-term staff provisions routes. The Graduate Trainee path...
PI & Clinical Negligence resources in Lexis+ UK Legal Research Key PI and Clinical Negligence materials sit within Lexis+ UK Legal Research and are cross‑referenced throughout the PI & Clinical Negligence content in Lexis+ UK Practical Guidance, delivering useful, practical commentary, legislation, rules, guidance and direction for personal injury and clinical negligence lawyers in private practice or working in-house. Please note that the listed titles are only accessible with the appropriate Lexis+ UK Legal Research subscription(s). Liability, title, summary, and who should use this resource? Atkin’s Court Forms relevant for PI & Clinical Negligence lawyers Animals, Volume 4(1) Health and Safety at Work, Volume 21(2) Highways, Volume 21(2) Professional Clinical and Negligence, Volume 32(2) Sports Law, Volume 36(2) Torts, Volume 38(1) The UK’s sole encyclopaedia of Civil Litigation Forms, Precedents of Pleadings and Procedure. With over 130 titles, it...
This Practice Note This Practice Note examines how Directive 2008/52/ EC, the Mediation Directive, has been carried out in EU Member States. All Member States have now given effect to the Directive, except Denmark, which chose to opt out. The details of national transposition cited here are drawn from the EUR- Lex website. The Mediation Directive required Member States to pass domestic laws to comply by 21 May 2011, and to notify the Commission of those texts ( Article 12). For broader information on Directive 2008/52/ EC, see Practice Note: Mediation Directive... Mediation Directive implementation- EU Member States Austria Status: implemented Austria already had a comprehensive mediation framework. A Mediation Act took effect on 1 May 2011 and applies to any mediation proceedings commencing after 20 April 2011... ...
ARCHIVED: This archived Practice Note addresses a series of frequently asked questions about living with coronavirus ( COVID-19) at work following the lifting of coronavirus-related measures from 1 April 2022. How should employers manage coronavirus risks in the workplace following the removal of all coronavirus-related measures? All remaining coronavirus measures were removed on 1 April 2022. Specifically: the programme of free universal testing for those with and without symptoms ended the instruction to self-isolate was replaced with advice to try to stay at home and avoid contact the health and safety requirement for employers to explicitly include coronavirus in risk assessments was withdrawn For more detailed guidance on the current position, see Practice Note: Living with coronavirus ( COVID-19) in the workplace from 24 February 2022 [ Archived]. UK Health Security Agency guidance on reducing the spread of respiratory infections, including COVID-19, in workplaces highlights the need for...
1. What is the applicable legislation? Private investment in Angola, whether treated as FDI or otherwise, is governed by Law No. 10/18 of 26 June 2018, as updated by Law No. 10/21 of 22 April 2021, which adopted the Private Investment Law ( PIL). In parallel, Presidential Decree No. 250/18 of 30 October 2018, as amended by Presidential Decree No. 271/21 of 11 June 2021, gives effect to the PIL and sets out the procedures for registering a Private Investment Project. One should also note the Tax Benefits Code, enacted by Law No. 8/22 of 14 April 2022, which defines the tax incentives and benefits available to private investment projects. 2. Which government or other body (or bodies) reviews foreign investments? The Agency for Private Investment and for the Promotion of Exports ( AIPEX), created by Presidential Decree No. 81/18 of 19 March 2018, is the...
1. What is the applicable legislation? Montenegro presently lacks an FDI framework akin to the new regimes taking shape across Europe after the EU FDI Screening Regulation. Rather, it operates a classic, sector-based authorisation model centred on the defence sector, echoing arrangements seen across Europe in the latter half of the twentieth century. Foreign investment in Montenegro generally-and defence-related authorisations in particular-are regulated by the Foreign Investments Act ( Official Gazette of Montenegro, Nos. 18/11, 45/14, and 73/19) ( Foreign Investment Act) together with the Guidance on the Content and Manner of Submitting Information on Foreign Investments ( Official Gazette of Montenegro, No. 19/14). 2. Which government or other body (or bodies) reviews foreign investments? Foreign investments concerning defence are examined and decided by the Ministry of Economic...
Nutrient pollution and Environment Act 2021 targets In March 2022, the Department for Environment, Food & Rural Affairs ( Defra) issued a policy paper titled ‘ Nutrient pollution: reducing the impact on protected sites’ (the Defra Policy Paper). It set out that England’s protected sites-covering Special Areas of Conservation and Special Protection Areas designated under the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (the Habitats Regulations), together with Sites of Special Scientific Interest-are central to the government’s environmental ambitions, including meeting the Environment Act 2021 objective to stop species decline by 2030, consistent with Defra’s 25- Year Environment Plan. A major driver of deterioration in protected areas is harm from nutrient loading in watercourses. The issue is acute for freshwater environments and estuaries. Elevated nutrient concentrations (notably nitrogen and phosphorus) can accelerate the growth of certain plants, upsetting natural functions and...
Delivery and acceptance of goods in business-to-business contracts This Practice Note reviews statutory requirements concerning the delivery and acceptance of goods under sale of goods contracts in a business-to-business setting. It signposts the principal provisions of the Sale of Goods Act 1979 ( SGA 1979) and examines frequent issues in such contracts, including when and where delivery should occur, what follows if goods are damaged during transit, and the circumstances in which buyers are treated as having accepted goods after delivery. For broader guidance on sale and supply of goods, see Practice Note: Contracts for the sale and supply of goods—business to business. For illustrative sale of goods agreements, with tailored terms on delivery, inspection and acceptance, see Precedents: Supply of goods agreement—pro-supplier, Supply of goods agreement—pro-customer and Supply of goods agreement—short form, together with their associated drafting notes. See also Supply of goods...
Key pensions resources are available in Lexis®Library and are referenced throughout the Pensions materials in Lexis+® UK, delivering practical commentary, legislation, rules and guidance for pensions professionals in private practice or in-house. The titles below require the appropriate Lexis®Library subscription(s) for access... Tolley’s Pensions Law Service A comprehensive commentary setting out clear guidance on the legal and technical running of pension schemes, with explanations across a wide range of topics, including: types of pension provision; establishing and amending an occupational scheme; membership and benefits; investment, assets, funding and surplus; acquisitions, mergers, transfers and winding-up; Scottish law and overseas aspects. Ideal for pensions professionals carrying out research into these areas... Halsbury's Laws of England volumes relevant for pensions professionals: Halsbury's Laws of England, Personal and Occupational Pensions, Volume 80 (2020) Halsbury’s Laws of England provides the only...
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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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