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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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ARCHIVED: This tracker is archived and no longer maintained. It presents a selection of notable pensions judgments from 2022 arranged by topic. It also lists key pension rulings from 2022 in chronological order. Use the Table of Contents on the left to browse entries. December 2022 Case details | Citations | Further information Green and others v Metropolitan Police Commissioner - 21 December 2022. Citations: [2022] EWCA Civ 1686; [2022] All ER ( D) 77 ( Dec). Sources: Caselaw; judgment from Courts & Tribunals Judiciary. News analyses: Stopping pension benefits and human rights ( Green v Police Commissioner); Widows lose challenge to cut-off rules for police pensions. Court of Appeal Civil Division live hearings: Green & ors (claimants/appellants) v The Commissioner of Police of the Metropolis (respondent) & anr. R (on the...
ARCHIVED This tracker is archived and is not being updated. It gathers significant pensions judgments from 2022, arranged by topic. The entries are organised by subject, with the topics listed in the Table of Contents on the left-hand side. Construction of scheme rules-revaluation De La Rue plc v De La Rue Pension Trustee Ltd Case information Full name: (1) De La Rue Plc (2) De La Rue Holdings Ltd (3) De La Rue International Ltd v (1) De La Rue Pension Trustee Ltd (2) Mark Crickett Citation: [2022] EWHC 48 ( Ch), [2022] All ER ( D) 50 ( Jan) Court: High Court Judgment date: 14 January 2022 (hearing dates 15–16 December 2021) Representation: Keith Rowley QC and Elizabeth Ovey (instructed by Hogan Lovells International LLP) for the Claimants Henry Day...
Introduction to the art market and art law Over the past three decades, the art market has altered markedly: Key hubs are now London, New York and Hong Kong, with Paris the fourth largest centre, and domestic markets serving lower-priced art and collectables Transactions have grown more opaque and anonymous Values for iconic works have soared- Leonardo da Vinci’s Salvator Mundi achieved $450.3m in 2017 Leading auction houses exert ever greater power Collectors engage art advisers for due diligence, access and guidance, though some are not suitably qualified The past 20 years have seen the rise of ‘mega’ art fairs, appearing roughly every four months worldwide Art is increasingly treated as an asset class-and promoted as an investment by auction classes In an ever more global market, lawyers acting for collectors, businesses and...
STOP PRESS The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the outstanding sections of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, with the rules on penalty notices and complaints commencing on 19 June 2026. For further detail, see Practice Note: Data ( Use and Access) Act 2025-employment implications. This Practice Note will be updated shortly to reflect these changes. This Practice Note examines the legal and practical challenges for employers when addressing alcohol and drug use in the workplace. Legal framework The Health and Safety at Work etc Act 1974 ( HSWA 1974) imposes a general duty on all employers to protect the health, safety and welfare of their...
This Practice Note explains liability for business rates, the three categories of taxpayer recognised by the Local Government Finance Act 1988 ( LGFA 1988) (occupiers, owners and persons named in central rating lists), and outlines the meaning of ‘hereditament’, rateable occupation and matters concerning tenant fit-out works... LGFA 1988 sets out three kinds of ratepayer: occupiers owners persons named in central rating lists Occupiers An occupier is anyone who, on any day in a chargeable financial year (a 12-month period beginning on 1 April), occupies all or part of a hereditament that appears for that day in the current local non-domestic rating list... Owners An owner is the person with the right to possess the hereditament. They are liable to be rated where: the hereditament is empty they are entitled to the whole hereditament shown for the day in the current local...
This Practice Note outlines compulsory and discretionary business rates relief for charities, plus empty property rates, mitigation and risk. FORTHCOMING CHANGE: The Charities Act 2022 ( CA 2022) received Royal Assent on 24 February 2022 and will be introduced in phases up to March 2024. It implements the majority of the recommendations from the Law Commission’s 2017 report, ‘ Technical Issues in Charity Law’. For a summary of the accepted recommendations, see News Analysis: Government response to Law Commission report ‘ Technical Issues in Charity Law’. For further guidance on the roll-out of CA 2022, see News Analysis: Charities Act 2022-what do we know so far? Discretionary relief Under sections 43(6) and 47 of the Local Government Finance Act 1988 ( LGFA 1988) and LGFA 1988, Sch 4ZA Pt 2, para 2, a charity occupying commercial premises qualifies for a mandatory 80% reduction in business rates,...
Business rates are typically payable by the relevant ‘owner’ where non-domestic premises are unoccupied, though specified exemptions apply. This Practice Note explains liability for empty property business rates, highlighting common exemptions (often referred to as ‘empty rates relief’) with a focus on England. Occupation and possession are decisive-whether actual or attributed through ownership. Empty properties: rates A ratepayer is chargeable for the full non-domestic rate whether a property is wholly in use or only partly occupied. Where premises are partly occupied for a short period, the local authority may, in certain situations, use its discretion to grant relief for the unoccupied portion. For rating purposes, the ‘owner’ of a hereditament or land-and therefore the person liable-is the party entitled to possession. See section 45 of the Local Government Finance Act 1988 ( LGFA 1988). See Practice Note: Liability for business rates- Owners. Under LGFA 1988, s 65(1), the...
Statutory framework Pension liberation, notably Hughes v Royal London, highlighted that trustees are unable to block a member from exercising their statutory right to transfer, even where there is a strong suspicion that the receiving scheme is fraudulent. In 2016, the government first proposed narrowing the statutory transfer right to particular types of schemes to help protect members from scams. After two consultations and years of delay, the following legislation finally took effect on 30 November 2021: Section 125 of the Pension Schemes Act 2021 ( PSA 2021), which allows regulations to be made restricting the statutory right to transfer, including by imposing conditions linked to a member’s employment or place of residence. The Occupational and Personal Pension Schemes ( Conditions for Transfers) Regulations 2021, SI 2021/1237 (the Conditions for Transfer Regs), which require trustees of the...
Where the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, apply to the purchase of a business (or part of a business) and its assets, TUPE 2006 operates to pass the contracts of the relevant employees to the purchaser. TUPE 2006 also confers particular safeguards for employees regarding dismissal and alterations to terms and conditions, imposes duties to inform and consult about the transfer, and requires the seller to provide specified employee liability information to the buyer. For further detail, see: TUPE and asset purchases-overview. Practice Note: Share purchases-employment warranties, disclosure and indemnities. Practice Notes: Asset purchases-employment due diligence issues acting for the buyer and Asset purchases-employment due diligence issues acting for the seller. Relationship between due diligence, warranties, disclosure and indemnities The buyer’s starting position in any asset acquisition is the maxim caveat emptor (let the buyer...
One of the Charity Commission’s core statutory roles, as the regulator of charities, is to identify and examine suspected misconduct or mismanagement in the running of charities, and to take corrective or protective measures. This remit extends to: all charities in England and Wales, whether or not registered with the Commission; and all funds raised for charitable purposes in England and Wales, even where the money is not raised by a charity (for example, fundraising appeals run by newspapers, broadcasters or other voluntary organisations in response to a natural disaster or famine) The Commission carries out this function: in serious matters, by opening a formal statutory ‘section 46’ inquiry; or in non-serious matters, by exercising its general regulatory powers The approach taken is determined by the Commission’s published Risk Framework tool. In Part 5 of the Charities Act 2011 ( CA 2011) these are...
Majority/minority joint venture shareholders’ agreement This Practice Note provides guidance for a drafter on preparing and/or reviewing a majority/minority corporate joint venture agreement ( JVA) (also referred to as a shareholders’ agreement). It addresses arrangements where two joint venture parties form a separate limited company incorporated in England and Wales (the joint venture company ( JVC)), each becoming a shareholder but with unequal shareholdings-one holding a majority interest and the other a minority interest-and where there is split exchange and completion, with conditions to completion applying. Outlined below are matters to assess when drafting and/or reviewing the principal provisions of such a majority/minority JVA. For further guidance on establishing a corporate joint venture, see Practice Notes: Setting up a corporate joint venture-initial considerations and Setting up a joint venture-choice of structure. For additional material on documenting a corporate joint venture, see Practice Notes:...
This Practice Note sets out practical guidance on the. It explains the compulsory disciplines that apply to all services, and the voluntary alternatives for financial services, as provided in the General Agreement on Trade in Services ( GATS) Annex on Financial Services. Introduction The GATS governs trade in services. In January 2000, Member States began negotiations to further liberalise services trade. Those discussions were launched under the original mandate in Article XIX of the GATS. Article XIX obliges Member States to commence negotiations for more progressive liberalisation of trade in services by January 2020. The talks later became part of the Doha Round, which has not been concluded; consequently, there is no revised multilateral agreement on trade in services. In December 2011, the Member States, through the Ministerial Conference, adopted a waiver permitting Member States to grant preferential treatment to services and to services...
NOTE: On 15 July 2025, the government unveiled the Leeds Reforms, aiming to streamline the SM& CR. At the same time, the PRA and FCA issued consultation papers CP18/25 and CP25/21. The regulators outline a two‑phase reform, with Phase Two to follow subject to legislative change under HM Treasury consultation; see News Analysis: Reform of the SM& CR- Proposals and next steps. In February 2026, HMT consulted on the Appointed Representatives Regime, including proposals to bring appointed representatives within the scope of the SM& CR. The consultation closed on 9 April 2026. For further detail, see SM& CR-one minute guide- Policy development. This Practice Note reviews aspects of the Approved Persons Regime ( APR), contained in Part V of the Financial Services and Markets Act 2000 and in SUP 10A of the FCA Handbook, which applies to appointed...
Practitioners bringing claims concerning estates and trusts should be conversant with: CPR Parts 7 and 8, which set out the correct procedure for issuing proceedings; CPR Part 57, dealing with probate and inheritance claims; CPR Part 64, addressing estates and trusts; the Chancery Guide, which offers practical detail and guidance not found in the CPR or its Practice Directions, particularly Chapter 25. There is no pre-action protocol for claims under CPR 57 and CPR 64, but parties should have regard to the Practice Direction Pre- Action Conduct and Protocols. The court will expect the parties, bearing in mind the aims of keeping them on an equal footing, saving expense and proportionality, to observe that Practice Direction, act reasonably in exchanging information and documents relevant to the claim, and generally seek to avoid the need to issue...
Under the Limitation Act 1980 ( LA 1980), the expiry of a limitation period does not extinguish the underlying right; it simply blocks the claimant’s remedy. Limitation must be raised by the defendant, and when properly pleaded it operates as a complete defence. Once pleaded, the initial burden lies with the claimant to demonstrate they fall within time; if they do, the burden then shifts to the defendant to show otherwise. Sections 21, 22 and 23 of LA 1980 reaffirm the earlier position set out in sections 19 and 20 of the Limitation Act 1939, and they extend to executors and trustees, including trustees of express, resulting and constructive trusts of property. LA 1980 also preserves the distinction between: trustees who have acted fraudulently or retained trust assets or converted them to their own use, and trustees...
Introduction Settlements in trusts, estate and inheritance conflicts are frequently reached after the parties take part in alternative dispute resolution ( ADR), commonly through mediation. It is vital that those involved and their advisers (and, ideally, the mediator) remain alert to the legal and procedural steps required to make the agreement binding and to bring the dispute to a formal close. Judicial approach to ADR and sanctions ADR is a key mechanism for resolving trusts, estates and inheritance matters. It features prominently in the Association of Contentious Trusts and Probate Specialists’ Practice Guidance for the Resolution of Probate and Trust Disputes (the ACTAPS Code), and sits at the heart of the court’s case management powers in advancing the overriding objective under the Civil Procedure Rules ( CPR). See: ACTAPS Code (paras 2.9–2.13) Practice Direction Pre- Action Conduct and Protocols, paras 8–11 CPR 1.3, 1.4(1), 1.4(2) and...
Mediation has become increasingly prevalent as a form of alternative dispute resolution ( ADR) in the UK since the Access to Justice Report. It is consistently promoted by the courts as part of the overriding objective under CPR 1.4(2)(e). The courts also now hold explicit powers to direct parties to ADR under CPR 3.1(2)(m), and parties are required to consider it under the Practice Direction – Pre- Action Conduct and Protocols. This is further reflected in the Chancery Guide, para 10.1. While the Civil Procedure Rules do not provide a specific pre-action protocol for probate and trust disputes, the Association of Contentious Trust and Probate Specialists has issued a Code to support practitioners. It states at 2.18 that parties should at all times evaluate whether ADR is suitable and note that the court may now order participation in ADR. ADR takes various forms,...
CURRENT CONSULTATION : HMRC is seeking views on plans to broaden the regime for notifying uncertain tax treatments. The proposals are: Bringing individuals and trustees within scope where a chosen legal interpretation leads to a tax benefit above £5m. Expanding the regime to cover stamp duty land tax, National Insurance contributions, payments under the construction industry scheme, inheritance tax and capital gains tax. Introducing a third trigger for notification, requiring a report where there is more than one credible legal view of how the arrangements should be taxed and HMRC’s position is not known. Requiring taxpayers to obtain confirmation from HMRC that it is aware of the uncertainty in order to rely on the exemption that applies where it is reasonable to conclude HMRC already holds all information that would otherwise be included in the...
Banking & Finance-key dates and future developments tracker: 2022 [ Archived] This Banking & Finance tracker of key dates and forthcoming developments is provided to help banking and finance lawyers monitor upcoming milestones, deadlines and horizon scanning. It also captures future changes from other Practice Areas where they are pertinent to banking and finance practitioners. Several other Practice Areas publish their own trackers too. Note that it does not attempt to cover every consultation on financial services regulation (including derivatives and capital markets). Rather, it spotlights those matters the Banking & Finance team regard as most relevant for practitioners and facility documentation. For fuller coverage of European Union ( EU) and US financial services regulatory change, see Practice Note: Trackers and Timelines-financial services. That resource lists in full all timelines issued by the Financial Services team. Those timelines follow, in detail,...
The central difficulty for personal representatives ( PRs) and/or beneficiaries when an actual or potential probate claim arises is deciding how to preserve the deceased’s estate, or progress the administration, while the action is unresolved. There are several court-based options available to interested parties. Special grants Administration pending suit A party involved in a probate dispute about the validity of a Will, or concerning the obtaining, recalling or revoking of any grant, may apply to the court for an order appointing an administrator of the testator’s estate pending determination of the proceedings. That administrator will be subject to the court’s direct control and must not distribute the estate, or any part of it (including legacies), without the court’s consent. Typically, the appointee is a professional. The Supreme Court Act 1981 ( SCA 1981) permits the court to order reasonable remuneration for them. The function of this...
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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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