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
This Practice Note reviews and comments on the schedule of compensation events set out in clause 60 of the NEC3 and NEC4 engineering and construction contracts ( NEC3 ECC and NEC4 ECC). It explores the practical application of the various events in use, cites case law on the subjects, and proposes ways the parties might adjust the compensation event provisions where appropriate. This Practice Note complements Practice Note: NEC contracts-compensation event regime, which explains in detail the procedure and steps for pursuing compensation events under the NEC3 ECC and NEC4 ECC. Note that the NEC3 suite uses the term ‘ Employer’, whereas, in the NEC4 suite, that role is re-titled the ‘ Client’. For ease of reference, this Practice Note consistently adopts ‘ Client’ for both agreements throughout. For definitions of NEC terminology and expressions used within these materials, please see Practice Note: NEC...
The adtech and programmatic advertising tracker is comprised of the following sections: Legislation Bills in progress (when applicable) Acts in force Research and consultations undertaken by the UK government Regulatory action by: the Competition and Markets Authority ( CMA) the Information Commissioner’s Office ( ICO) Industry developments, including: IAB Europe, IAB Tech Lab and IAB UK Data and Marketing Association ( DMA) Incorporated Society of British Advertisers ( ISBA) ...
This Practice Note offers an introductory overview of arbitration, arbitration lawyers and the nature of their work, together with key topics and concepts relevant to such practitioners. It is intended for trainee-level and newly-qualified lawyers, as well as others new to arbitration as a practice area or a method of dispute resolution. This Practice Note also signposts relevant Lexis Nexis® sources and materials. What is arbitration? Put simply, arbitration is a means of resolving disputes. It exists in various forms and is practised across a wide range of sectors and industries, giving rise to many different kinds of disputes. Although different forms or types of arbitration usually share core features, they can also vary significantly. In practice, the term ‘arbitration’ generally refers to a private, final and binding process overseen by an appointed arbitral tribunal acting in a...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment dated 10 March 2022; it is no longer being updated. See also, timeline. Case facts Outline Appeals against the General Court’s judgments in Case T-683/15 and Joined Cases T-722/15, T-723/15 and T-724/15, which confirmed the annulment actions challenging the Commission’s decision concerning the funding of milk quality testing in Bavaria ( SA.35484). Latest development On 10 March 2022, the Court of Justice delivered its ruling, dismissing the appeals in full. Parties Appellants: European Commission (the Commission) Defendants: Freistaat Bayern Interessengemeinschaft privater Milchverarbeiter Bayerns e. V., Genossenschaftsverband Bayern e. V. and Verband der Bayerischen Privaten Milchwirtschaft e. V (together, the...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment dated 15 July 2021 and is no longer maintained. See the timeline for further detail. Case facts Outline Case C- 30/20, Volvo and Others - a national reference from Spain seeking clarification on the meaning of Article 7(2) of Regulation ( EU) No 1215/2012 concerning jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Latest developments On 25 February 2021, the Court of Justice gave its judgment, finding, among other things, that where national law does not establish a specialised court, an undertaking that made purchases in several locations may bring proceedings before the court for the area in which its registered office is located. Parties Applicant: RH Defendants: AB Volvo; Volvo Group Trucks Central Europe Gmb H; Volvo Lastvagnar AB; and Volvo Group España SA...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 591/21 P ARCHIVED -this archived case hub reflects the position at the date of the judgment of 14 July 2021; it is no longer maintained. See further: timeline, commentary and relevant/related cases Case facts Outline Proceedings seeking to annul the Commission decision of 6 July 2020 that cleared a €150m subordinated loan, intended to indemnify Austrian Airlines for losses caused by the cancellation or rescheduling of its flights owing to the coronavirus ( COVID-19) outbreak ( SA.57539). Latest developments On 14 July 2021, the General Court delivered its judgment, rejecting the appeal in full. Parties Applicants Ryanair DAC ( Ryanair) Defendant European Commission (the Commission) Market Aviation. Decisions being appealed C(2020) 4684 final of 6 July 2020 concerning SA.57539. Background Measure at issue In June 2020, Austria informed the Commission of an individual aid measure benefiting Austrian Airlines AG ( AUA). The notified...
CASE HUB Archived This archived case hub sets out the position as at the decision date of 4 November 2021; it is no longer maintained. See further, timeline. Case facts Outline A UK remittal investigation into JD Sports Fashion plc’s completed acquisition of Footasylum plc. The deal involves horizontal overlaps in the retail markets for sports fashion footwear and clothing. Latest developments On 14 February 2022, the CMA announced its decision to levy fines totalling almost £4.7m on JD Sports Fashion plc and Footasylum plc for breaching an interim order and an information request issued under section 109 of the Enterprise Act 2002. The order barred JD Sports and Footasylum from sharing commercially sensitive information without prior consent and required the companies to alert the CMA immediately to any possibility that such information had been exchanged. The CMA found that, during two meetings in July and August 2021, the CEOs of JD...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment of 14 July 2021; it is no longer maintained. See the timeline for further detail. Case facts Outline An action was brought to annul the Commission’s decision of 10 January 2019 to open an in‑depth investigation into tax rulings issued by the Netherlands tax administration to Nike and Converse, with a view to assessing potential unlawful State aid ( SA.51284). Latest developments On 14 July 2021, the General Court delivered its judgment dismissing the action in full. It found, among other matters, that the Commission had adhered to procedural requirements and had neither failed in its duty to state reasons nor committed any manifest error of assessment. Parties Applicants: Nike European Operations Netherlands Converse Netherlands BV (together, the...
Who is an accredited financial investigator? For the purposes of the Proceeds of Crime Act 2002 ( POCA 2002), an accredited financial investigator ( AFI) is a financial investigator who has been trained and accredited under POCA 2002, s 3. In addition, POCA 2002, s 453 permits the Secretary of State, by secondary legislation, to designate an investigator of a specified description as an AFI. This order‑making power is intended to confine the use of restraint and investigation powers to financial investigators employed or engaged by law enforcement authorities, or employed or engaged in a law enforcement capacity within Government departments. The Proceeds of Crime Act 2002 ( References to Financial Investigators) ( England and Wales and Northern Ireland) Order 2021, SI 2021/640, made under this section, provides that any reference to an AFI in a provision of the 2002 Act listed in column 1 of each table in...
This Practice Note is designed for commercial organisations within scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It explains the obligation to appoint a board-level (or equivalent) individual to oversee compliance with the MLR 2017, commonly called the money laundering compliance officer ( MLCO) or board-level person. It mirrors the requirements of the MLR 2017 and offers suggestions on good practice; however, you should check whether your organisation’s AML supervisory authority sets any extra conditions or limitations. Law firms regulated by the SRA should consult Practice Note: -law firms. Appointment is not universal. Sole traders are not required to appoint an MLCO. Other entities are only required where both of the following apply: they fall within the MLR 2017, and it is...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 578/21 P ARCHIVED -this archived case hub reflects the position at the date of the judgment of 7 July 2021; it is no longer maintained. See further, timeline. Case facts Outline A challenge to the Commission’s decision of 9 July 2019 concerning alleged unlawful State aid granted to the fossil fuel sector via reduced property taxation ( SA.44671). Latest developments On 7 July 2021, the General Court handed down its judgment, rejecting the action. It concluded the applicants had not established doubts sufficient to warrant opening the formal investigation procedure. Parties Applicants: Irish Wind Farmers’ Association ( IWFA) Carrons Windfarm Ltd ( Carrons Windfarm) Foyle Windfarm Ltd ( Foyle Windfarm) Greenoge Windfarm Ltd ( Greenoge Windfarm) (together, the...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It brings together material on fiscal developments across the 2021–22 tax year, commencing with the publication of draft provisions for Finance Bill 2022 (also described as Finance Bill 2021–22) and continuing through to the expected passage of the Finance Act 2022 ( FA 2022) through parliament. For further detail on the annual Budget and Finance Bill process, see Practice Note: The Budget and Finance Bill process. Finance Bill 2022 Finance Bill 2022 ( FB 2022)-formally the Finance ( No 2) Bill, as it is the second Finance Bill of the 2021–22 Parliamentary session, and also referred to as Finance Bill 2021–22-was published on 4 November 2021. For an overview of the FB 2022 provisions, see News Analysis: Publication......
CASE HUB ARCHIVED This archived case hub reflects the position as at the decision date of 24 February 2022; it is no longer maintained. See the timeline and commentary for more detail. Case facts Outline of the European Commission’s merger investigation into the proposed combination of Cargotec Corporation and Konecranes Plc ( M.10078). The deal entails horizontal overlaps in the markets for container and cargo handling equipment. Latest developments On 24 February 2022, the Commission approved the merger subject to commitments. It was concerned that the transaction would significantly reduce competition and was likely to result in higher prices in the EEA for several categories of container and cargo handling equipment (rubber-tyred gantry cranes, straddle/shuttle carriers and mobile equipment). In each of these segments, the parties hold very high market shares and face only limited competitive pressure. The Commission also found that, owing to the vertical...
This Practice Note This Practice Note reviews the Equality Act 2010 ( Eq A 2010) as it relates to positive action in employment and the workplace, and, where appropriate, distinguishes lawful positive action under the Act from positive discrimination, which is generally prohibited. Sets out what positive action entails and the statutory framework in Eq A 2010, with reference to the EHRC Code of Practice and other guidance Clarifies the difference between positive action and positive discrimination Identifies who may adopt positive action measures Outlines why employers may wish to use positive action Details the conditions that must be satisfied for general positive action measures, in relation to: Action to address disadvantage Action to meet needs Action to...
ARCHIVED This Practice Note is archived and is no longer maintained. It reviews the core provisions of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It outlines the convention’s background, the circumstances in which it operates, and lists the states that are party to it. It also highlights how case law interpreting both the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968 (the Brussels Convention) and Regulation ( EC) 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters ( Brussels I) assists in understanding the...
CASE HUB ARCHIVED This archived case hub represents the position as at the judgment of 20 January 2022; it is no longer updated. See further: timeline and relevant/related cases. Case facts Outline Proceedings were instituted by the Commission against Greece for failing to comply with the Court of Justice’s 2017 ruling in Case C-481/16, which upheld a Commission decision concluding that certain financial support granted by Greece to Larco General Mining & Metallurgical Company S. A ( Larco) constituted unlawful State aid ( Case SA.34572). Latest developments On 20 January 2022, the Court of Justice delivered its judgment holding that (1) Greece did not fulfil its obligations to give effect to the 2017 judgment and (2) that this non-compliance persisted up to the Court of Justice’s assessment of the facts. Parties Appellant: European Commission (the Commission) Respondent:...
ARCHIVED - this archived case hub records the position as at the judgment of 25 January 2022; it is no longer updated CASE HUB For details, see the timeline. Case C‑638/19 Commission v European Food and Others-an appeal against the General Court’s judgment in Case T‑624/15, which had granted annulment of Commission decision ( SA.38517) concerning aid paid to Viorel and Ioan Micula and companies they own in the form of an arbitration award. Latest development On 25 January 2022, the Court of Justice delivered its judgment. It allowed the appeal, set aside the General Court’s judgment and sent the case back to the General Court. The Court of Justice held, among other matters, that the General Court erred in law by finding that the Commission lacked competence to assess, under state aid law, the compensation Romania paid to Swedish investors in...
Jointly owned property and loss of capacity Q& As This Practice Note steers practitioners towards Q& As setting out the rules and procedure relevant where one or more co-owners of jointly held property lacks mental capacity. Note that the Q& A material is not maintained; the Q& As linked from this Practice Note state the law only as at the date shown in each instance. Introduction When two or more individuals own real property together, whether as joint tenants or as tenants in common, a trust of land arises and the owners act as trustees. Should any such trustee become unable to manage their property and affairs, they will be incapable of executing legally binding documents in relation to the property. If a sale is proposed, an application must therefore be made for an order appointing a person to substitute the incapable trustee, or...
Best Practice Guide for Term Sheet Completeness The Loan Market Association and the European Leveraged Finance Association issued, in November 2020 and updated in 2021, a publication titled Best Practice Guide for Term Sheet Completeness, for use on leveraged finance transactions. The purpose of this Best Practice Guide is to support investors’ investment decision-making by ensuring leveraged finance term sheets set out as much detail as possible as to critical terms. Accordingly, the Best Practice Guide outlines a catalogue of provisions that investors have identified as materially significant to their investment choices. The Best Practice Guide assumes a sophisticated grasp of leveraged finance concepts and terminology. It sets out the terms that should be included and, for each term, provides a detailed series of bullet points identifying the matters the term sheet should address in relation to that specific term. This Practice Note lists out the...
Civil justice reform See our Practice Note, Civil justice reform in Scotland-virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts regarding virtual hearings and the electronic signing, transmission and lodging of documents. The Note introduces the Inner House of the Court of Session and examines its composition, jurisdiction, personnel and court rolls in detail as applicable. It sets out the principal kinds of appeal competent to the Inner House of the Court of Session and summarises the nature, time-limits and procedure for: each of the following: applications for a new civil jury trial appeals from the Sheriff Appeal Court statutory appeals appeals by way of stated case petitions to the nobile officium For detailed guidance on reclaiming motions, see Practice Note: Reclaiming motions in the Inner House of the Court of Session in Scotland and Procedural...
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
