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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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Plastic packaging-the problem There is growing recognition worldwide of the issues caused by global use of plastics, alongside the related harms from the creation of plastic waste. In the UK, plastic packaging represents 44% of plastics used and 67% of plastic waste, with usage exceeding 2 million tonnes every year. In general, the overwhelming share of this packaging is produced from virgin, not recycled, plastic and is used only briefly before being thrown away. For further detail on plastic waste, see Practice Note: Waste types and controls-plastics. In the UK, the government moved to tackle plastic use by introducing the Plastic Packaging Tax ( PPT) from 1 April 2022, chargeable on the manufacture and importation of plastic packaging containing under 30% recycled content. The tax was first set at £200 per tonne and was later uplifted to £228.82 per tonne, effective from 1 April 2026. Via the PPT, the...
ARCHIVED This Practice Note consolidates material on fiscal events across the 2022–23 tax year, beginning with the Spring Statement on 23 March 2022 and running through to the Finance Act 2023 ( FA 2023) and the passage through Parliament of a second Finance Act in 2023. For details on the Autumn Finance Bill 2022, which became Finance Act 2023 ( FA 2023), and on the Spring Finance Bill 2023-tracking each Bill’s journey towards Royal Assent and outlining their principal measures-see: Tax- Finance Bills 2022–23 tracker. For further background on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Spring Finance Bill 2023 Spring Finance Bill 2023 ( Finance ( No 2) Bill 2023) was issued on 23 March 2023 and is expected to become the second Finance Act of 2023 ( Finance ( No 2) Act 2023). Our...
This Practice Note outlines some key and/or recent cases concerning, or relevant to, liquidated and ascertained damages ( LADs) in construction contracts. It highlights issues that frequently arise in disputes about claims for LADs and the interpretation of LADs provisions, and offers summaries of decisions in which the courts have addressed those matters. It is not intended as an exhaustive review of all authorities on LADs, but may serve as a helpful starting point for construction lawyers pursuing LADs claims, or drafting LADs provisions. For further material on LADs in construction contracts, including the distinction between LADs and general damages, LADs terms in standard form contracts, the development of the law on penalty clauses, and grounds for resisting LADs claims, see Practice Note: Liquidated damages in construction contracts. For guidance on negotiating and drafting LADs provisions in construction contracts, see...
ARCHIVED: This Practice Note is now archived and is no longer maintained. It brings together material on fiscal events across the 2022–23 tax year, starting with the Spring Statement on 23 March 2022 and extending to the passage of the Finance ( No 2) Act 2023 through Parliament. For more on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Spring Budget 2023 The Chancellor of the Exchequer presented his Spring Budget on Wednesday, 15 March 2023. Our analysis covers: Spring Budget 2023- Tax analysis-a synopsis of the principal business tax announcements in the Spring Budget, together with perspectives from leading tax practitioners Spring Budget 2023-key tax announcements video-by Malcolm Pengelly, Tax Principal at BDO UK Spring Budget 2023-tax announcement video analysis-by Heather Self, Corporate Tax Partner, and Neil Lancaster, Private Client Partner, at Blick...
ARCHIVED: This archived Practice Note summarises what employers should weigh up when running workplaces through the coronavirus ( COVID-19) pandemic, aligned with the government’s Living with COVID-19 approach and the shifts from 1 April 2022. It covers self-isolation for those testing positive, displaying symptoms or identified as close contacts, along with testing, contact tracing, self-isolation support payments, statutory sick pay ( SSP), duties on staff and employers, and considerations for at-risk groups. On 21 February 2022, the Cabinet Office set out the COVID-19 Response: Living with COVID-19, detailing the plan to lift the remaining domestic legal restrictions in England from 24 February 2022. Additional revisions applied from 1 April 2022, notably the end of free universal testing, updated advice on self-isolation for people with COVID-19, and the replacement of BEIS working safely guidance with new public health guidance (see: Timeline for changes below). For...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment date of 1 August 2022; it is no longer maintained. See further, timeline. Case facts Outline A national reference from Germany asked whether the Commission’s infringement decision against several truck manufacturers ( Trucks- AT.39824) should be read as including special-purpose/specialised vehicles, notably refuse collection vehicles, within its findings. Latest developments On 1 August 2022, the Court of Justice delivered its judgment, indicating that the Commission’s infringement decision is to be interpreted as covering specialised trucks, including household refuse collection trucks, within the scope of the products affected by the cartel. Parties Applicant: Landkreis Northeim ( LN) Defendant: Daimler AG ( Daimler) Market Trucks. Background to reference Background The Commission carried out dawn raids in January 2011 following an immunity application submitted by MAN. A statement of objections was issued on 20 November 2014. On 19 July 2016, the...
This case tracker presents a curated selection of notable employment judgments handed down in 2022. For information on significant live matters, see Practice Note: Case tracker- Employment. Where available, links to Employment news analysis reports are provided. The Lexis®+ UK Employment team welcomes details of other cases that may interest subscribers; please use the ‘ Contact Us’ button above and the Lexis®Ask function to share information... Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229 Topic: Worker status Main issue: Whether the EAT was right to conclude that the Court of Appeal’s ruling in Windle v Secretary of State for Justice [2016] IRLR 628 does not impose an irreducible minimum of obligation as a condition for ‘worker’ status under the Equality Act 2010, nor, by extension, under the ERA 1996. Summary: In this matter, the EAT decided that the absence of any duty on...
What are pharmaceutical incentives? In the EU, protection mechanisms and incentives for medicinal products, grouped under the term pharmaceutical incentives ( PIs), are in place. PIs comprise legislative measures that give originator pharmaceutical companies (originators) a degree of advantage over companies selling medicines with the same active substance at far lower prices (generic or biosimilar companies)-ranging from market protection ( MP), through extensions of patent rights, to several years of market exclusivity for a medicinal product. Rationale behind PIs PIs were introduced in the EU to encourage and support originators in discovering and developing new medicinal products. While innovation and discovery typically require considerable time and financial investment, only limited effort is needed to use the knowledge generated afterwards. When a generic or biosimilar company reproduces an invention, it often does not bear the substantial research and development ( R& D) costs of creating it and can...
Also produced in partnership with contributions from Marylis Clerc of Bird & Bird and Sapna Palla of White & Case LLP. What are paediatric medicines and why do we need them? Paediatric medicines are medicinal products intended for children from birth up to, but not including, 18 years of age. For decades, research and development in this field was minimal. Numerous medicines were neither studied nor authorised for paediatric use, leaving clinicians to modify adult formulations and doses using their own judgement. Unsurprisingly, such widespread off‑label prescribing brought a higher risk of poor efficacy and adverse reactions in children. According to a report by the European Medicines Agency ( EMA), despite limited available data, harm did occur and was frequently underreported. Several factors explain the lack of paediatric R& D, including the view that enrolling children in clinical trials was unethical. Creating medicines for younger patients is also far more...
ARCHIVED This archived case hub captures the position as at the judgment dated 18 February 2022 and is no longer maintained. See further: timeline, commentary and related cases. Case facts Outline of the CAT’s judgment concerning an application for a collective proceedings order by Mr Mark Mc Laren, who sought authorisation to act as class representative to bring opt-out collective proceedings under section 47( B) of the Competition Act 1998. Latest development On 18 February 2022, the CAT handed down its judgment, holding, amongst other matters, that: (i) it is just and reasonable for the Applicant to act as class representative; and (ii) the claims qualify to be brought as collective proceedings. The Tribunal found there is an identifiable class and that the claims present common issues, particularly on passing-on, rendering them suitable for determination in collective proceedings. Consequently, the CAT granted the CPO...
Introduction and evolution of insurtech Insurtech-what is it and why does it matter? Insurtech refers to deploying technology across the insurance value chain in inventive ways. Challenging the incumbent market, it has reshaped underwriting, distribution, claims and administration by offering accessible tools that enhance delivery of insurance services and/or connect with new customers. Once peripheral to board agendas in the incumbent space, it is now recognised across stakeholders that insurtech has a significant role in the evolution of insurance services. This Practice Note reviews insurtech’s evolution and its impact on the sector. It also considers emerging technologies and the UK regulatory landscape, with practical guidance for those operating in the insurtech space. The evolution of insurtech-2010 to 2020 Insurtech in the early to mid-2010s arose from key technological shifts. Often seen as springing from fintech and the push for better customer experiences, its rise was driven by...
The Planning case tracker compiles key 2022 judgments relevant to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker-2021. December 21 December 2022 R (on the application of LW Zenith Ltd) v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 3317 ( Admin) Permitted development: The Planning Court considered whether, when granting prior approval for a change of use from office to residential under Class O of the Town and Country Planning ( General Permitted development) ( England) Order 2015, SI 2015/596 ( GPDO), a condition could require completion of works under a separate planning permission for operational development. The court held that this was permissible on the facts. See News Analysis: Condition requiring completion of operational development can be imposed on prior approval ( Zenith v SSLHC) See: [2022] EWHC 3317 ( Admin) 20...
In a majority/minority corporate joint venture, a shareholder holding more than 50 per cent of the share capital of the joint venture company ( JVC) can direct the venture, both in the boardroom and at shareholder level. Appoint a majority of directors Appoint the chair Possibly designate named board executives (such as the chief executive) Pass board resolutions Pass shareholder resolutions by majority vote The Companies Act 2006 ( CA 2006) contains no definition of a minority member (or shareholder). In practice, in a company with share capital and voting rights, a holder of under 50 per cent will usually be a minority shareholder, meaning it cannot block ordinary resolutions put forward for approval. A minority shareholder with under 25 per cent of the voting shares also cannot block special resolutions proposed for approval. It is therefore common for a...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 9 February 2022; it is no longer maintained. See further, timeline and commentary Case facts Outline An action for annulment was brought before the General Court challenging the European Commission’s decision of 12 August 2019, which had refused a complaint filed by a Polish shipping company against a State‑owned operator for abusing a dominant position in Poland’s rail freight transport market ( AT.40459). Latest developments On 2 February 2022, the General Court delivered its judgment and upheld the appeal. Among other findings, the Court held that [x]. Parties Applicants: Sped- Pro S. A. (the ‘ Applicant’) Defendant: European Commission (the ‘ Commission’) Background In conducting activities in the forwarding services sector, the Applicant sourced rail freight transport services from PKP Cargo S. A., a company controlled by the Polish...
CASE HUB See further details, timeline and relevant/related cases. Case facts Outline Proceedings before the General Court contesting the Commission’s decision refusing a request to pay a cartel fine following annulment of the Commission’s decision in the heat stabilisers cartel ( Case AT.38589. Latest developments On 9 February 2022, the General Court issued its judgment, dismissing the appeal in its entirety. In particular, the Court held (amongst other things) that the Commission was entitled to refuse repayment because the legal basis for the fines remained the original 2009 cartel decision rather than the 2016 re‑adopted amending decision. The fines imposed on GEA in the 2009 decision were neither repealed nor replaced by the 2016 decision, which was simply an amending act. The amendments introduced in 2016 did not concern the amount of the fine payable by GEA, an amount definitively fixed by the Commission in 2009. The 2016...
This Practice Note monitors key developments across the wider EU institutions, covering the State of the Union, the Commission’s work programme, the EU budget, infringement packages from the Commission, the priorities of the Presidency of the Council of the EU, and the Conference on the Future of Europe. State of the Union The State of the Union address reviews achievements over the last year and sets out the chief priority for the year ahead. What’s happening? When? Find out more information below State of the Union address by President von der Leyen - 10 September 2025. The President of the Commission delivered the 2025 address, underscoring the imperative for Europe to remain united and to defend its values, democracy, and independence in an ever more hostile global environment. See: LNB News 10/09/2025 30. State of the Union address by President von der Leyen - 13...
1. What is the applicable legislation? Oversight of foreign investment on national security grounds is laid down in the National Security Act of 1 June 2018 No. 24 (the Act), notably Chapter 10, together with the Regulation of 20 December 2018 concerning the protective security work of undertakings ( Regulation 2010). There are also indirect means of control, particularly a duty on a company that is party to contracts requiring facility security clearance to notify the appropriate authority of any changes to its board make-up or ownership. In addition, the King in Council, i.e. the government in plenary session, may decide to stop activities that pose a threat to national security, or other planned or ongoing activities that may present a ‘not insignificant risk’ to national security interests. 2. Which government or other body (or bodies) reviews foreign...
Background The term ‘ MMC’ The Ministry of Housing, Communities & Local Government’s specialist sub-group has produced a definition framework for MMC, setting out seven categories: Category 1- Pre- Manufacturing-3D primary structural systems Category 2- Pre- Manufacturing-2D primary structural systems Category 3- Pre- Manufacturing- Non systemised structural components Category 4- Pre- Manufacturing- Additive Manufacturing Category 5- Pre- Manufacturing- Non-structural assemblies and sub-assemblies Category 6- Traditional building product led site labour reduction/productivity improvements Category 7- Site process led labour reduction/productivity improvements The framework seeks to standardise and clarify how MMC is described, capturing the wide array of innovative construction approaches now used across the market. Further details can be found here. For practitioners, establishing whether your scheme uses MMC and how extensively it influences delivery is valuable-particularly for key contractual risks such as structuring payments, title or insolvency exposure, programme, design responsibility, addressing climate change, and handling issues like materials shortages or fire...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 251/22 ARCHIVED This archived case hub captures the position as at the judgment of 2 February 2022 and is no longer being updated. See also the timeline and commentary. Case facts Outline Appeal before the General Court against the European Commission decision imposing a fine on Scania for an alleged cartel in the market for medium duty trucks ( AT.39824). Latest development On 2 February 2022, the General Court handed down its judgment and rejected the appeal in full. It found, among other things, that: (i) the Commission did not infringe the presumption of innocence by using a ‘hybrid’ procedure; (ii) there was no breach of Scania’s presumption of innocence or its rights of defence; and (iii) to the requisite legal standard, the Commission proved that the information exchanges at issue formed part of a single overall plan with the...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 2 February 2022; it is no longer maintained. See further, timeline and relevant/related cases Case facts Outline Proceedings for annulment were brought before the General Court challenging the European Commission’s decision of 24 May 2018 to accept commitments offered by Gazprom to resolve competition concerns affecting national markets for the upstream wholesale supply of gas in central and eastern Europe ( AT.39816). Latest developments On 2 February 2022, the General Court delivered its judgment, dismissing the appeal in its entirety. Parties Applicants: Polskie Górnictwo Naftowe i Gazownictwo S. A (the ‘ Applicant’) Defendant: European Commission (the ‘ Commission’) Background Commission’s investigation Between 2011 and 2015, the Commission undertook a series of measures to examine how gas markets operated in central and eastern Europe. On 4 September 2012, it opened an inquiry into Gazprom PJSC and...
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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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