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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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CASE HUB ARCHIVED This archived case hub records the position as at the judgment dated 6 October 2021; it is no longer being updated. See also, timeline. Case facts Outline Joined Cases C‑174/19 Scandlines Danmark and Scandlines Deutschland v Commission and C‑175/19 Stena Line Scandinavia v Commission-appeals against the General Court’s judgments in Cases T‑630/15 and T‑631/15, which partially set aside the Commission’s approval of aid for the financing of the Fehmarn Belt Fixed Link between Denmark and Germany ( SA.39078). Latest development On 6 October 2021, the Court of Justice delivered its ruling and rejected the appeals in full. Parties Scandlines Danmark and Scandlines Deutschland (together, Scandlines) and their parent Scandferries Holdings Ap S, owned by a consortium comprising First State Investments, Hermes Investment Management and equity investor 3i Group. Scandlines runs ferry services between Denmark and Germany on two routes, Rødby– Puttgarden and Gedser– Rostock (the former crossing the Fehmarn...
Other international Q& A guides The guides below, set out in a question-and-answer format, cover a topic and supply replies with regard to a number of specified......
This Practice Note explores the range of cancellation and withdrawal entitlements that apply to credit agreements and consumer hire arrangements governed by the Consumer Credit Act 1974 ( CCA 1974). It proceeds on the basis that such agreements are not secured on land and are not used to fund the purchase of land. This Practice Note should be read alongside Practice Note: Right of withdrawal from a credit agreement. Three categories of agreements This Practice Note addresses three principal types of agreement: a regulated credit agreement where the credit advanced is £60,260 or less (a threshold introduced through the UK’s implementation of the Consumer Credit Directive ( Directive 2008/48/ EC) ( CCD) in 2011) a regulated credit agreement where the credit exceeds £60,260, and a regulated consumer hire agreement The various cancellation or withdrawal rights For these categories, an agreement may attract a...
On 4 January 2022, the National Security and Investment Act 2021 ( NSI Act) brought in a compulsory foreign direct investment ( FDI) notification framework in the UK for deals in specified sectors to safeguard national security. Running in parallel with the existing merger control system, it supplanted the former powers that allowed government intervention in merger reviews on national security grounds. The tracker below outlines the NSI Act’s journey through the parliamentary process. In particular, it charts the legislation’s movement through Parliament to its enactment, as well as later significant milestones and materials released once the NSI Act took effect. 2026 Date Stage Further reading 26/03/2026 The Cabinet Office issued a Memorandum of Understanding ( Mo U) with the CMA on how the NSI Act operates. This Mo U replaces a June 2022 Mo U between BEIS and the CMA • Mo U...
CASE HUB ARCHIVED -this archived case hub records the position as at the judgment of 25 February 2021; it is no longer updated. See further, timeline and related cases. Case facts Outline An appeal was brought against the CMA’s decision of 4 March 2020 which concluded that Lexon ( UK) Limited had unlawfully exchanged commercially sensitive information concerning the supply of the anti-depressant Nortriptyline (50507.2). Latest development On 25 February 2021, the CAT handed down its judgment, dismissing the appeal in its entirety. The CMA rejected: (i) ground 1 of the appeal, holding that the law on infringement by object had been properly applied and that the identified information exchanges, by their content and nature, amounted to a concerted practice aimed at restricting competition; and (ii) ground 3 of the appeal relating to the penalty imposed by the CMA. Ground 2 (asserting that Lexon ( UK) Ltd had not...
CASE HUB ARCHIVED This archived case hub records the state of play as at the judgment of 25 February 2021 and is no longer updated. For further details, see the timeline. Case facts Outline Case C‑857/19, Slovak Telekom-a reference from Slovakia seeking guidance on whether, amongst other issues, Article 50 of the Charter of Fundamental Rights of the EU also covers administrative infringements consisting of abuse of a dominant position under Article 102 TFEU, where the Commission and a Member State authority have, independently and separately, imposed penalties in exercising their powers under Article 11(6) of Regulation 1/2003. Latest developments On 25 February 2021, the Court of Justice delivered its ruling, finding, inter alia, that Slovak Telekom-already held by the Commission to have abused a dominant position in relation to certain telecommunications services-could likewise be penalised by the Slovak competition authority for the same type of abuse...
The Planning case tracker presents significant 2021 judgments of interest to planning lawyers, arranged in reverse chronological order. See also: Planning case tracker-2020 [ Archived]. December 2021 20 December 2021 - R (on the application of Rights: Community: Action) v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 1954 Planning conditions: The Court of Appeal rejected the appellant’s challenge to the Administrative Court’s conclusion that the planning inspector erred in declining to attach conditions to a planning permission on the basis they were said to be unnecessary. Further analysis to follow... 16 December 2021 - R (on the application of Save Britain's Heritage) v City of London Corp (as local planning authority) [2021] EWHC 3561 ( Admin) Planning...
This case tracker showcases a curated set of notable employment rulings delivered in 2021. Details on important live matters appear in Practice Note: Case tracker- Employment. Where available, links to Employment news analysis reports are provided. The Lexis®+ UK Employment team welcomes information about additional cases that might interest subscribers. Kindly use the ‘ Contact Us’ button above and the Lexis®Ask feature to share particulars. Case Name Number Topic Main issue Case history Farrar, Aslam v Uber BV, Uber London Ltd, Uber Britannia Ltd UKEAT/0056/17, [2018] EWCA Civ 2748, UKSC 2019/0029, [2021] UKSC 5 Worker status Whether a taxi driver qualifies as a worker or as a self-employed contractor for the purposes of the national minimum wage, holiday pay and whistleblowing protection. The Central London Employment Tribunal found the claimant Uber drivers to be workers; see our reports of 7 November 2016 and 8 February 2017. The EAT...
From 1 April 2021, non‑ UK residents purchasing residential property in England and Northern Ireland are liable for a 2% surcharge in addition to the standard stamp duty land tax ( SDLT) rates for homes. This Practice Note explains when that additional charge applies. SDLT on residential transactions is intricate: several different rate structures may apply to a single purchase and, from 1 April 2021, the 2% uplift introduces a further band. SDLT does not apply in Scotland or Wales; for Scottish land and buildings transaction tax ( LBTT) and Welsh land transaction tax ( LTT), refer to the LBTT subtopic and the LTT subtopic... Background The government proposed a surcharge for non‑residents acquiring homes in England and Northern Ireland at Budget 2018, confirmed it at Spring Budget 2020, and ran a consultation until 6 May 2019. Following that...
ARCHIVED : This case tracker has been archived and is not maintained. This resource offers a catalogue of key pensions judgments from 2021, set out by topic and also by date. Use the Table of Contents on the left to move through the entries. December 2021 Case details: R (on the application of Police Superintendents' Association) v HM Treasury Citations: [2021] EWHC 3389 ( Admin) Further information: News Analysis: No relief granted in challenge to public service pensions reform ( R ( PSA) v HM Treasury); Judgment Alert: R (on the application of Police Superintendents’ Association) v His Majesty's Treasury [2021] EWHC 3389 ( Admin); LNB News 15/12/2021 55 November 2021 Case details: Prudential Assurance Company Ltd and another company, 24 November 2021 Citations: [2021] EWHC 3152 ( Ch), Bailii Further information: News Analysis: High Court approves Part VII...
ARCHIVED: This Practice Note has been archived and is not maintained. For details on Parliamentary Bills from 2022, refer to Practice Note: Corporate Crime bills tracker-2022. For secondary legislation made in 2022, consult Practice Note: Corporate Crime horizon scanner 2022- Key secondary legislation. This note monitors primary legislation and the journey of government bills concerning corporate crime that have been introduced in the UK Parliament, whether in the House of Commons or the House of Lords. It also captures relevant private members’ bills-mainly ballot bills-on business crime/white collar crime that, owing to their advanced passage, appear likely to obtain Royal Assent. Links to additional material on each piece of legislation are provided. For notable secondary legislation of interest to corporate crime practitioners, see Practice Note: Corporate crime horizon scanner- September 2021 and beyond [ Archived]. This primary legislation tracker helps corporate crime specialists stay current with...
Practice Note This Practice Note examines the intellectual property issues tied to creating new and emerging technology, offers practical guidance for parties collaborating, and outlines key points for safeguarding and enforcing their IP. IP in new technology is a valuable business asset and, as with any asset a company owns, it should be secured. A range of IP rights exist in the UK, including, but not limited to: trade marks design rights copyright patents Ultimately, the appropriate IP and level of protection depend on the technology’s characteristics. For further detail, see Practice Note: What IP assets a business may own and how best to protect them. The World Intellectual Property Organisation has also produced a diagnostics tool to help businesses identify their IP assets and decide how to protect, manage and leverage them. New technology is no different, as it...
This Practice Note outlines the principal provisions on alternative dispute resolution ( ADR) and negotiated dispute resolution ( NDR) set out in the various court guides for the different divisions of the High Court, including direction on early neutral evaluation ( ENE). Court guides Every division of the High Court publishes its own court guide, offering a general account of that court’s work and practice, along with practical material to be read with the Civil Procedure Rules ( CPR) to support effective management of proceedings in that court. These guides are not a replacement for the CPR; rather, they explain how the rules and practice directions are applied in those courts. Although they do not have the status of a Practice Direction and do not possess the force of law, parties are expected to adhere to them; failure to do so may influence how the court...
1. What is the applicable legislation? The principal rules overseeing foreign direct investment ( FDI) in China are the Foreign Investment Law of the People’s Republic of China 2019 ( FIL 2019) together with its Implementing Regulations, both in force from 1 January 2020. These instruments superseded the former ‘ Three FIE Laws’, which had separately regulated equity joint ventures, contractual joint ventures and wholly foreign-owned enterprises. FIL 2019 creates a single, coherent legal regime for inbound investment and brings in a ‘ Pre-establishment National Treatment and Negative List’ approach, replacing the earlier approval-led model run by the Ministry of Commerce ( MOFCOM). Under this regime, projects not on the ‘ Negative List’ are treated on the same footing as domestic investment, while entries on the list remain subject to stated restrictions or bans. A companion ‘ Catalogue of Encouraged Industries for Foreign...
Brexit-dispute resolution- Q& As This Practice Note brings together Q& As on a broad set of issues arising from the UK’s exit from the EU that DR lawyers may find useful. From 1 January 2024, the term ‘retained EU law’ has been replaced by ‘assimilated law’ under section 5 of the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023). Any mention of retained EU law in these Q& As should now be understood as a reference to assimilated law and related concepts. For further detail, see Practice Note: Assimilated law. Impact of Brexit on English court claims and procedures 31/05/2023: Post‑ Brexit, how difficult is enforcing an English court judgment in Belgium, and what steps must be taken? This Q& A explains the alternative enforcement routes for an English judgment in Belgium, with the route depending on when the...
News feed tracking FDI legislative and policy updates This news feed tracks and distils major legislative and policy shifts affecting foreign direct investment ( FDI) frameworks worldwide. For granular rules by country, see the Multi-jurisdictional FDI guides. 2026 Date Jurisdiction Development 19/05/2026 - EU: European Parliament sets out its first-reading stance on the revamped EU FDI Screening Regulation. 16/03/2026 - Japan: The Cabinet approves a bill to amend the Economic Security Promotion Act for submission to parliament. 12/03/2026 - United Kingdom: Government publishes its response proposing updates to mandatory notification sectors under the NSI Act. 29/01/2026 - Ukraine: Government adopts a resolution establishing an Interagency Commission on the Screening of Foreign Direct Investment. 21/01/2026 - Italy: Law No. 4 of 15 January 2026 (in force from 21/01/2026) converts Decree Law No. 175/2025 ( Transition Decree 5.0) into law; notably, it amends...
PI & Clinical Negligence horizon scanner- February 2021 [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This note summarises the key legal developments of relevance to personal injury and clinical negligence practitioners as at 9 February 2021. For the most recent horizon scanner, see PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To stay ahead of the swiftly changing court processes and procedures brought about by the pandemic-and for industry guidance on running cases during this period, including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For updates on recent developments in PI and clinical negligence claims, see: Elizabeth Boulden and Cressida Mawdesley- Thomas, barristers at 12 KBW, consider the Vaccine Damages Payments Act 1979, its impact on the coronavirus ( COVID-19) vaccine, and whether it is fit for purpose. See News...
Advertising and marketing- Brazil- Q& A guide [ Archived, 2021 edition] This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Brazil, issued within the Lexology Getting the Deal Through series by Law Business Research ( October 2021). Authors: IWRCF- Luiz Werneck; Talita Sabatini Garcia. 1. What are the principal statutes regulating advertising generally? the Brazilian Federal Constitution; the Consumer Protection Code ( Federal Law No. 8,078/90); the Statute of the Children and Adolescents ( Federal Law No. 8,069/90); the Brazilian Advertising Self- Regulation Code; Federal Law No. 5768/71; Decree No. 70,951/1972; Federal Law No. 5,768/71 and Decree No. 70,951/1972 regulate commercial promotions and sweepstakes; National Health Surveillance Agency resolutions. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent...
Advertising and marketing- France- Q& A guide [ Archived, 2022 edition] This Practice Note presents a France-specific Q& A on advertising and marketing, issued within the Lexology Getting the Deal Through series by Law Business Research ( August 2022), and archived as the 2022 edition. Authors: Bernard- Hertz- Béjot- Michel Béjot; Caroline Bouvier 1. What are the principal statutes regulating advertising generally? Advertising is governed by legislation and related implementing instruments, including decrees and ordinances that give effect to statutory provisions. For example, Toubon Law No. 94-665 of 4 August 1994 mandates and oversees the use of the French language in all advertising. Decree No. 92-280 of 27 March 1992 sets out particular rules for television advertising. There is no single advertising code; instead, various sectoral codes contain provisions on advertising in France. For instance: the Consumer Code addresses both deceptive or misleading...
ARCHIVED : This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on EU membership, in which a majority of voters supported the UK leaving the EU. On 29 March 2017, the Prime Minister gave formal notice to the EU of the UK’s intention to withdraw, thereby commencing the withdrawal process under Article 50 TEU; see: Brexit: UK Article 50 TEU notification starts the clock-what happens now? On 31 January 2020, the UK’s withdrawal took legal effect and the UK ceased to be an EU Member State as of that date. Exit day marked the end of the Article 50 withdrawal period and the beginning of a time‑limited transition/implementation phase, during which the temporary arrangements set out in Part 4 of the Withdrawal Agreement applied. Those transitional arrangements created a standstill period,...
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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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