Featured documents
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Most recent Practice notes
CASE HUB ARCHIVED This archived case hub records the position as at the judgment of 11 November 2021 and is no longer maintained. See further, timeline and relevant/related cases. Case facts Outline Appeal against the General Court’s judgment in Case T-778/19, which rejected an action for annulment of the Commission’s decision holding that aid granted by Poland to Autostrada Wielkopolska S. A., operator of the A2 motorway, was unlawful and had to be recovered ( SA.35356). Latest developments On 11 November 2021, the Court of Justice delivered its judgment, dismissing the appeal in its entirety. The Court of Justice rejected all of Autostrada Wielkopolska S. A.’s submissions alleging that the General Court erred in confirming the Commission’s correct application of the private investor test and in finding that Autostrada Wielkopolska obtained an economic advantage. None of Autostrada Wielkopolska S. A.’s arguments undermined the conclusion that the private market...
NOTE-appeal lodged before the Court of Justice in Case C- 48/22 See also timeline, commentary and related/relevant cases... Case facts Outline Appeal before the General Court against the European Commission’s decision finding an abuse of Article 102 TFEU by Google for granting its own comparison shopping service, Google Shopping, preferential placement and display in search results over rival comparison shopping sites ( AT.39740)... Latest development On 10 November 2021, the General Court delivered its judgment, largely confirming the Commission’s decision. It agreed the Commission correctly concluded Google’s conduct harmed competition and rejected Google’s claim that the existence of merchant platforms demonstrated vigorous competitive pressure. That said, the Court found the Commission had not shown that Google’s behaviour produced (even potential) anti‑competitive effects on the market for general search services, and therefore annulled the infringement finding for that market alone. Given the gravity of the breach and the...
On a person’s death, it must first be determined whether they left a Will and whether that Will is legally valid. If no valid Will exists, the deceased is intestate and their estate is dealt with under the intestacy provisions set out in Part IV of the Administration of Estates Act 1925 ( AEA 1925). Intestacy can create difficulties, including uncertainty over who will care for minor children and the distribution of assets in a manner that may not reflect the deceased’s intentions... LAW COMMISSION CONSULTATION The Law Commission for England and Wales issued a Consultation Paper in July 2017 and, after a pause in 2019, a Supplementary Consultation Paper was released on 5 October 2023. The following topics are being examined: testamentary capacity; the formal requirements for a valid will, including consideration of wills made...
What is passing off? Passing off is a common law tort that safeguards rights which cannot be, or are hard to, register as trade marks, as well as unregistered rights that have built up goodwill. Examples include: colours get-up packaging Through the law of passing off, a trader may stop others from exploiting its goodwill unfairly. It is unlawful to suggest that goods or services have an affiliation or link with another trader when no such connection exists. Passing off is a strict liability tort, so the trader’s intention is immaterial. Claims in tort, including passing off, must be issued within six years from the date the cause of action arose. For further details, see the Q& A on the limitation period for a passing off claim. This Practice Note examines, in depth, the three essential elements of a passing off claim,...
This Checklist supports those advising financial services firms on meeting the UK’s anti-money laundering ( AML), counter-terrorist financing ( CTF), and countering proliferation financing ( CPF) legal and regulatory obligations. It sits within a wider series covering customer due diligence ( CDD)-often described as ‘know your customer’ or ‘ KYC’-as required by the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLRs), alongside guidance issued by the Financial Conduct Authority ( FCA) and the Joint Money Laundering Steering Group ( JMLSG). This Checklist concentrates on the application of enhanced customer due diligence ( EDD), both for general higher risk scenarios and for specified circumstances involving unusual transactions, high-risk third countries, and correspondent relationships. For applying EDD to politically exposed persons, see: AML/ CTF...
This Practice Note This Practice Note offers guidance on making an application for an order under section 8 of the Children Act 1989 ( Ch A 1989), or for permission to apply for a section 8 order, using the online service and the pilot schemes operating under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, for private law children proceedings by virtue of FPR 2010, PD 36G ( Pilot Scheme: Procedure for using an online system to generate applications in certain private law proceedings relating to children) and FPR 2010, PD 36ZD: Pilot Scheme: Online system for certain private law proceedings relating to children and for certain protective orders. The pilots run only during the periods specified in those schemes (as amended). Adjustments to elements of FPR 2010 relevant to matters dealt with under the pilots are also...
Businesses must make strategic choices on an informed footing. This Practice Note explains how to spot and assess the key threats and opportunities arising from the external context in which your organisation operates and strives to survive and prosper. It is designed to help you grasp your business and the forces influencing it. You can use Precedent: Understanding business strategy-exercise for in-house lawyers to spark ideas and start productive conversations about strategy within your organisation. Global shifts Major shifts are reshaping the global economy and will continue to transform business over the coming years. It is therefore worthwhile capturing a snapshot of your understanding of the significant forces in motion. These global shifts are linked to: economic developments societal and environmental changes business and industry shifts If you have a strategy department, or a team examining future trends, you will gain valuable...
Applications in the King’s Bench Division If your case is proceeding in the King’s Bench Division ( KBD), the King’s Bench Guide will govern any application you lodge. This Practice Note sets out practical guidance on applications in the KBD with citations to the pertinent parts of the King’s Bench Guide. Its focus is the step-by-step pathway for making an application in the KBD, beginning with pre-application considerations and continuing through to the point of serving the issued application. For guidance on other aspects of the applications procedure in the KBD, see the following Practice Notes: Preparing for an application hearing in the King’s Bench Division ( KBD) Determination of applications in the King’s Bench Division ( KBD) The following general point should be noted: The King’s Bench Guide provides practical information about proceedings in the KBD, but it is not a...
A discussion with Tiago Arouca Mendes, managing partner, and associates Mara Rupia Lopes and Jhane Dulce Machava, at the Maputo office of international law firm MDR Advogados, on key matters concerning foreign direct investment ( FDI) control in Mozambique. 1. What is the applicable legislation? Set out below is a non-exhaustive selection of the most pertinent legislation governing FDI in Mozambique: Law 8/2023, of 9 June 2023 ( Investment Law) Decree 43/2009, of 21 August 2009, amended by Decree 20/2021, of 13 April 2021 ( Investment Regulation) Law no. 4/2009, of 12 January 2009 ( Tax Benefits Code) Decree no.56/2009, of 7 October 2009 ( Tax Benefits Code Regulation) Additionally, for foreign investment, some operations fall within the scope of foreign exchange transactions and are, therefore, subject to the following rules: Law no. 28/2022, of 29 December 2022 ( Exchange Control Law) ...
CASE HUB ARCHIVED - this hub records the position as at the judgment dated 22 June 2022; it is not being maintained. See the timeline for more. Case facts Outline A request from a Spanish court sought guidance on the temporal reach of certain provisions of Directive 2014/104 (the 2014 Directive) in an action for damages brought by RM. Although the claim was lodged after the 2014 Directive and the Spanish transposition had taken effect ( December 2014 and May 2017, respectively), it concerns competition infringements that had ended before both the Directive and the national law entered into force (1997 to 2011). Latest developments On 22 June 2022, the Court of Justice delivered its judgment, concluding that: Article 10 of the 2014 Directive (relating to limitation periods) is substantive in nature; therefore, the retroactive application of the transposing provisions is excluded under the 2014...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the abandonment of the transaction on 8 February 2022; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger probe into the planned acquisition of Arm by NVIDIA ( M.9987). The deal presents horizontal overlaps in the market for licensing Central Processing Unit intellectual property for use within processor products. Latest developments On 8 February 2022, the parties withdrew their notification to the Commission and confirmed that the transaction had been abandoned. Parties NVIDIA: NVIDIA, a US-based company, created the graphics-processing unit ( GPU) in 1999. It specialises in areas where GPU-led visual computing and accelerated computing platforms offer increased application throughput. Its portfolio spans gaming, professional visualisation, data centres and automotive. Following its acquisition of Mellanox (cleared by the Commission on 20 December 2019; M.9424), NVIDIA also provides network...
Objectives The EU Packaging and Packaging Waste Directive 94/62/ EC ( EU PPWD) seeks to harmonise national actions to avert or lessen the environmental impacts of packaging, while also removing barriers to trade and limits on competition. Its central aim is to stop packaging waste being generated and to ensure any essential packaging is properly recycled and recovered, thereby cutting overall waste... Grounded in the principles of polluter pays and producer responsibility, the EU PPWD requires companies that design and produce packaging to assume responsibility for its recycling and recovery to bring down waste levels. As a New Approach directive, it lays down essential requirements in Article 9 that Member States must meet, but it does not prescribe the precise means for achieving them... Under Article 10, the Commission is authorised to foster the development of harmonised standards linked to the Directive’s essential packaging...
1. What is the applicable legislation? Foreign direct investment in Malta is governed by the National Foreign Direct Investment Screening Office Act, Chapter 620 of the Laws of Malta, which entered into force on 11 October 2020. The Act gives effect to Regulation ( EU) 2019/452, establishing an EU framework for screening FDI on security or public order grounds. 2. Which government or other body (or bodies) reviews foreign investments? The National Foreign Direct Investment Screening Office ( NFDIS). 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non- EU / non- WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)? The regime principally scrutinises foreign direct investments coming from third countries (that is, any non- EU state) on security and public order grounds, in relation to...
Key information EU Paints Directive Official title: Directive 2004/42/ EC of the European Parliament and of the Council of 21 April 2004 on limiting emissions of volatile organic compounds from the use of organic solvents in certain paints, varnishes and vehicle refinishing products, amending Directive 1999/13/ EC (the EU Paints Directive) Entered into force: 30 April 2004 Deadline for transposition: 30 October 2005 National transposition: see Eur- Lex for national transposition measures submitted by Member States Principal amendments: Directive 2008/112/ EC of 16 December 2008, introducing changes to reflect Regulation ( EC) 1272/2008 on classification, labelling and packaging of substances and mixtures - transposition deadline: 1 April 2010; application from 1 June 2010 Directive 2010/79/ EU of 19 November 2010, adapting Annex III to...
PI & Clinical Negligence Horizon Scanner- October 2021 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. It offers a concise outline of the principal legal developments affecting personal injury and clinical negligence practitioners as at 20 October 2021. For the most up-to-date horizon scanner, see PI and Clinical Negligence horizon scanning-overview. Costs Qualified one-way costs shifting ( QOCS) The Supreme Court in Ho v Adelekun addressed whether, in claims governed by QOCS, a defendant’s costs can be set off against a claimant’s costs. The court unanimously concluded that, on proper construction, such set off constitutes a form of enforcement, and is therefore prohibited where it would surpass the cap equal to the aggregate of any orders for damages and interest in the claimant’s favour. Accordingly, where no such order exists-for instance, because the matter ends in settlement rather than an order, or is...
1. What is the applicable legislation? Foreign Direct Investment ( FDI) is treated differently from routine share acquisitions in South Korean companies by an individual of foreign nationality, a legal entity formed under foreign law, or an international organisation for economic cooperation (a Foreigner). FDI means a sustained commitment by the Foreigner to participate in management or to create a technical collaboration with a South Korean company or other entity, including private companies and those still being set up (together, the Domestic Entities). the Foreign Investment Promotion Act ( FIPA), along with the FIPA Enforcement Decree and Enforcement Regulations, plus the Ministry of Trade, Industry and Energy’s publicly announced rules on investment by Foreigners, which specify matters delegated by the Enforcement Decree and Enforcement Regulations and the requirements to carry out those delegated matters (together, the Foreign Investment Laws) if the FIPA lacks a...
Provisions dealing with Relevant Events and Relevant Matters sit at the heart of how risk is shared, allocated and handled under the JCT suite of contracts. Together, the Relevant Events and Relevant Matters form exhaustive schedules of circumstances and risks that give the Contractor entitlement to extensions of time and to reimbursement for loss and/or expense. The guidance in this Practice Note draws on the wording of the JCT Standard Building Contract With Quantities 2016/2024 ( SBC Q), Standard Building Contract With Approximate Quantities 2016/2024 ( SBC AQ), Standard Building Contract Without Quantities 2016/2024 ( SBC XQ), and Design and Build Contracts ( DB) 2016/2024, while noting that comparable provisions appear across other JCT forms of contract as well. Introduction to the Relevant Events and Relevant Matters Within the JCT forms of contract, distinct, separate mechanisms are expressly provided for adjusting, where...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 20 October 2021; it is no longer maintained. See further, timeline. Case facts Outline Third-party proceedings were brought before the General Court seeking to annul the European Commission’s 2017 decision to approve, without conditions, easy Jet’s acquisition of selected Air Berlin assets under the EU Merger Regulation ( Case M.8672). Latest development On 20 October 2020, the General Court delivered its judgment, dismissing the appeal in its entirety. Parties Applicant: Polskie Linie Lotnicze ‘ LOT’ S. A. ( PLL) Defendant: European Commission (the Commission) Background Air Berlin’s insolvency Confronted with a sustained decline in its financial position, in 2016 Air Berlin plc ( Air Berlin) initiated a restructuring plan. As part of that, on 16 December 2016, it entered into an arrangement with Deutsche Lufthansa AG ( Lufthansa) to sublet various aircraft...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment of 20 October 2021; it is no longer maintained. See further, timeline and related cases. Case facts Outline A third party brought an action before the General Court seeking annulment of the European Commission’s 2017 decision that conditionally approved Lufthansa’s proposed acquisition of certain Air Berlin assets under the EU Merger Regulation ( Case M.8633). Latest development On 20 October 2020, the General Court delivered its judgment dismissing the appeal. It concluded, amongst other findings, that the Commission had not committed any manifest errors of assessment in evaluating the merger’s effects on markets for air passenger transport to and from the relevant airports, given the low congestion at those airports and the limited incremental impact on Lufthansa’s slot share. Parties Applicant: Polskie Linie Lotnicze ‘ LOT’ S. A. ( PLL) ...
1. What is the applicable legislation? FDI is principally regulated by the Myanmar Investment Law 2016 ( MIL) alongside the Myanmar Investment Rules 2017 ( MIR). 2. Which government or other body (or bodies) reviews foreign investments? Foreign investment filings are considered by the Myanmar Investment Commission ( MIC), which consults the relevant ministries based on the nature of the intended business. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (e.g. foreign or non- EU/non- WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)? The MIL covers all current and future investments in Myanmar. It also extends to investment measures carried out by...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
