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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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This Practice Note examines the challenge of arbitration awards in Germany under German law. Note: German judgments are not reported by Lexis Nexis®. Challenging awards in Germany-the relevant legal framework The principal legal regime appears in sections 1059 et seqq. of the 10th Book of the Code of Civil Procedure, the Zivilprozessordnung ( ZPO). The ZPO distinguishes between domestic and foreign awards by whether the arbitral tribunal that issued the award had its seat in Germany or abroad. For domestic awards, the grounds for setting aside and for refusing recognition and enforcement are contained in ZPO, ss 1059, 1060(2), and they mirror Article 34 of the UNCITRAL Model Law on International Arbitration ( Model Law). For foreign awards, recognition and enforcement are governed by ZPO, s 1061(1), which makes the New York Convention directly applicable. Only minor differences exist between the bases for...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment dated 28 January 2021; it is no longer maintained. See the timeline and related cases. Case facts Outline An appeal was brought before the Court of Justice against the General Court’s ruling in Case T‑371/17, which had rejected an action to annul a formal request for information issued by the Commission during its Article 102 investigation into Qualcomm for alleged predatory pricing ( AT.39711). Latest development On 28 January 2021, the Court of Justice delivered its judgment and dismissed the appeal in full. It held, amongst other points, that the General Court was right to find the Commission’s request for information both necessary and proportionate. The Court of Justice also agreed that, after adopting a statement of objections, the Commission may obtain information needed to continue fact‑finding and to clarify evidence and...
Case tracker This tracker sets out the latest positions and developments in key cases of interest to corporate practitioners where judgment was delivered, or is expected, in 2021. It spans significant matters before the High Court, Court of Appeal, the Supreme Court and the Court of Justice of the European Union. It is not intended as an exhaustive record of all cases heard in 2021. This case tracker is divided into two parts: ongoing cases, i.e. those under appeal, and recent cases, arranged with the most recent first For the purposes of this tracker, CA 2006 means the Companies Act 2006. Ongoing cases Case, Citation, Next court, Subject, Status and background, Further information. Satyam Enterprises Ltd v Burton and another [2021] EWCA Civ 287. Remitted to the High Court for further hearing. Directors’ duties - return of capital - Duomatic principle. The Court of Appeal allowed an appeal...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment of 6 October 2021 and is no longer updated. See the timeline for more details. Case facts Outline Appeals were brought against the General Court’s judgments in Cases T-239/11, T-219/10, T-227/10, T-399/11, T-405/11 and T-406/11, which had rejected actions seeking annulment of the Commission decisions dated 28/10/2008 and 12/01/2008 on the tax amortisation of financial goodwill for foreign shareholding acquisitions carried out by Spain. Latest developments On 6 October 2021, the Court of Justice delivered its judgment and dismissed the appeals in full. In line with Advocate General Pitruzzella, the Court of Justice confirmed that the General Court had not erred in holding that the measures in question were...
2021: Key Restructuring & Insolvency cases [ Archived] Elser v Sands [2022] EWHC 32 ( Ch) - 22 December 2021: Material irregularity at a creditors’ meeting; votes were set aside on that basis ( Elser v Sands). AFM (1932) Ltd v Belisco Estates Ltd [2021] EWHC 3460 ( Ch) - 21 December 2021: The court unpacked a complex web of dealings to test proper grounds for payments; the Insolvency and Companies Court notes that ‘nothing is as it seems’ in The Great Gatsby and Insolvency ( AFM (1932) Ltd v Belisco Estates Ltd). Magan v Wilton Management Ltd [2021] EWHC 3393 ( Ch) - 17 December 2021: Bankruptcy order annulled pursuant to section 282(1)(a) of the Insolvency Act 1986 ( IA 1986) ( Magan v Wilton Management Ltd). Re Bulb Energy Ltd [2021] EWHC 3680 ( Ch) - 15...
This Practice Note examines the authority to detain an individual without a warrant for extradition to designated category 2 states. It outlines the legal foundation for that arrest power and explains how a compliant request is generated, certified and served. It further describes the steps for producing the individual before the court pursuant to such a certified request. Provisional arrest under the Extradition Act 2003 Section 74B of the Extradition Act 2003 ( EA 2003) confers on constables, customs officers and service policemen a power of provisional arrest without a warrant, for extraditing persons for serious offences to specified countries on the basis that a certificate has been issued in relation to the person. A constable or customs officer may exercise this power in any part of the UK. A service policeman may exercise the power anywhere, but only in relation to someone who is...
This table sets out all completed investigations by Mauritius’ competition authority (the Competition Commission-the CC) into alleged cartels, anti‑competitive agreements and abuses of dominant positions since 2018. Only investigations that have been made public appear here. 2023 Investigations under ss41–43 of the Competition Act 2007 Fertilisers • Mauritius Chemical & Fertilizers Industry Ltd (now Ingenia): restrictive agreements covering price fixing, market allocation and bid‑rigging. Infringement decision issued on 18/01/2023; fines totalling RS 5.4m. Investigations under s46 of the Competition Act 2007 Repairs and maintenance of automobiles • Bamyris Motors: concern that Bamyris Motors abused a dominant position by imposing quotation fees. Commitments accepted on 13/04/2023. 2022 Investigations under ss41–43 of the Competition Act 2007 Case name, companies under investigation and industry Issues......
This overview sets out every concluded investigation by New Zealand’s competition regulator, the Commerce Commission (the CC), into suspected cartels, anti-competitive agreements and misuse of dominance since 2018. Only matters that have been made public are included here. 2026 Investigations under section 27 of the Commerce Act Courier services - Aramex; Go Sweet Spot Issues: Cartel - price fixing and customer allocation Developments: High Court judgment - 04/03/2026; fines totalling $1.25m imposed Investigations under section 36 of the Commerce Act The CC has not yet issued any decisions under s 36 of the Commerce Act in 2026. 2025 Investigations under section 27 of the Commerce Act Construction - Unknown Issues: Cartel - bid-rigging ...
This table sets out all concluded inquiries by Mexico’s competition authority (the Comisión Federal de Competencia Económica- COFECE) into suspected cartels, anti-competitive arrangements and abuses of dominance since 2018. Note-only matters that have been made public appear in this table. 2024 Investigations under Article 53 of the Federal Law of Economic Competition Water proofing – Grupo Thermotek; Impac Issue: Restrictive agreement-price fixing Development: Infringement decision issued-03/10/2024; fines totalling MXN 237m imposed Diesel – 3 undertakings and 3 individuals (listed here) Issue: Restrictive agreement Development: Infringement decision issued-12/06/2024; fines totalling MXN 3.4m imposed ...
This table outlines all finalised inquiries by Malaysia’s competition regulator, the Malaysian Competition Commission ( My CC), into suspected cartels, anti-competitive arrangements and abuses of dominance since 2018. Note-only matters placed in the public domain appear here... 2025 Investigations under Chapter 1, section 4 of the Competition Act Facility-maintenance services Abadi Malaysia Sdn. Bhd.; Kota Lanskap Sdn. Bhd.; Usia Maintenance Sdn. Bhd. Issue: Restrictive agreements-bid rigging Development: Infringement decision announced-08/07/2025; fines totalling RM 2.98m imposed Public works 8 undertakings (listed here) Issue: Restrictive agreements-bid rigging ...
This table sets out all concluded investigations by Jersey’s competition authority (the Jersey Competition Regulatory Authority-the JCRA) into suspected cartels, anti-competitive agreements, and abuses of dominant positions since 2011. Note-only inquiries placed in the public domain are reflected here. 2021 Investigations under Article 8 of the Competition ( Jersey) Law 2005 No decisions were made by the JCRA under Article 8 in 2021. Investigations under Article 16 of the Competition ( Jersey) Law 2005 No decisions were made by the JCRA under Article 16 in 2021. 2020 Investigations under Article 8 of the Competition ( Jersey) Law 2005 No decisions were made by the JCRA under Article 8 in 2020. Investigations under Article 16 of the Competition ( Jersey) Law 2005 No decisions were made by the JCRA under Article 16 in...
This table outlines all completed investigations by Canada’s competition authority (the Competition Bureau Canada- CBC) into suspected cartels, anti‑competitive arrangements and abuses of dominance since 2018. Note-only matters that are publicly reported are included... 2024 Investigations under section 45 the Competition Act 1985 Paving: Pavages Maska Inc - Restrictive agreement (bid rigging). Infringement decision issued on 23/05/2024; fines totalling $100,000 imposed Investigations under section 79 the Competition Act 1985 Real estate: Yukon Real Estate Association ( YREA) - Alleged abuse of dominant position via a rule requiring certain prospective members to reside in the Yukon for one year before joining YREA. Commitments accepted-26/04/2024 2023 Investigations under section 45 the Competition Act 1985 Shipping services: Nippon Yusen Kabushiki Kaisha; Kawasaki Kisen Kaisha - Restrictive agreement (bid rigging and price fixing). Infringement decision issued on 18/08/2023; fines totalling $1.96m imposed Municipal...
Bosnia & Herzegovina behavioural investigations-closed cases tracker This table provides an overview of all finalised probes by Bosnia & Herzegovina’s competition authority (the Council of Competition-the CC) into suspected cartels, anti-competitive agreements and abuses of dominance since 2018. Only matters placed in the public domain appear here. 2024 Investigations under Article 4 of the Competition Law Public procurement of road rehabilitation works - undertakings unknown; restrictive agreements; infringement decision announced-08/11/2024; fines totalling KM 209,801 imposed. Public procurement of computer systems - 11 undertakings (listed here); restrictive agreements; infringement decision issued-07/11/2024; fines totalling KM 284,927 imposed. Investigations under Article 9 of the Competition Law District heating distribution and supply services - undertakings unknown; issue unknown; infringement decision announced-08/11/2024; fines totalling KM 27,500...
This overview sets out all concluded inquiries by Barbados’ competition authority, the Fair Trade Commission ( FTC), into alleged cartels, anti-competitive agreements and abuses of dominant positions since 2010. Please note: only investigations that have been publicly disclosed are listed here 2025 Investigations under section 13 of the Fair Competition Act CAP 326C The FTC made no decisions under s13 in 2025. Investigations under section 16 of the Fair Competition Act CAP 326C No s16 determinations were issued by the FTC in 2025. 2024 Investigations under section 13 of the Fair Competition Act CAP 326C The FTC reached no decisions under s13 in 2024. Investigations under section 16 of the Fair Competition Act CAP 326C The FTC issued no decisions under s16 in 2024. 2023 Investigations under section 13 of the Fair Competition Act CAP 326C No decisions under s13 were delivered by the FTC in...
This table sets out all completed inquiries by the Armenian competition authority (the State Commission for the Protection of Economic Competition of the Republic of Armenia- SCPEC) into alleged cartels, anti‑competitive agreements and abuses of a dominant position since 2018. Only investigations placed in the public domain are included. 2021 Investigations under Article 5 of the The Law of the Republic of Armenia on Protection of Economic Competition In 2021, the SCPEC made no decisions under Article 5. Investigations under Article 6 of the The Law of the Republic of Armenia on Protection of Economic Competition Case name, companies under investigation and industry: Eggs - Araks Poultry Factory; Arzni Pedigree ITC; Ashtarak Egg Issues: It is alleged the three undertakings misused their dominant positions by unjustifiably raising prices......
Other formalities- Q& As This Practice Note sets out Q& As on practical signing considerations concerning additional formalities that can arise when executing documents in commercial transactions. Notaries and notarisation May an English solicitor arrange legalisation of a notarial transfer deed governed by Dutch law? Verification of documents and information Oaths When giving an oath, must I check the deponent’s identity? Do you provide a certificate of translation as a Precedent? Statutory declaration Can a defective statutory declaration still take effect as a simple contract? Are there limits on who may sign a statutory declaration for a company and who may witness it?......
This collection is an archive of PDF Policy Guidance for applicants across work, investment and study routes within the Points- Based System ( PBS), alongside Appendix W of the Immigration Rules that pre-dated the post- Brexit regime. Note that Tier 1 ( Investor) and Tier 1 ( Entrepreneur) categories continue to apply for some applicants. The archive serves research needs, enabling checks on what the relevant guidance stated at a given time, with comparison editions indicating changes between versions. The post- Brexit system largely took effect on 1 December 2020. Under the previous arrangements, applicants primarily used PDF Policy Guidance for each category; by contrast, the current system directs applicants to the relevant route visa information tool on GOV. UK. For advice on using this archive and researching wider immigration materials through the National Archives, see Practice Note: Locating guidance and using...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment of 13 January 2021; it is no longer being maintained. See further, timeline. Case facts Outline Proceedings for annulment were brought before the General Court against the European Commission’s decision of 10 April 2018, which concluded that French support, provided as funding for training courses on the use of construction machinery, was not unlawful State aid ( SA.46897). Latest developments On 15 October 2020, the General Court delivered its judgment dismissing the appeal in full. It held, amongst other things, that the Commission did not err in finding that financing training courses in the use of construction machinery did not constitute State aid under Article 107 TFEU. Parties Applicants: Mr Bezouaoui HB Consultant Defendant: European Commission (the...
What are optional remuneration arrangements? Optional Remuneration Arrangements ( Op RAs) were brought in by the Finance Act 2017 and have applied from 6 April 2017. Transitional measures covered agreements already in place when the regime commenced. In essence, Op RA captures set-ups where employees either surrender a right to salary or opt to receive a benefit instead of cash pay. The overall effect was to remove the tax advantages that previously attached to such structures. HMRC notes the rules were introduced to ‘redress the advantages that use of these arrangements allowed’, so that employees do not pay less income tax and National Insurance contributions ( NICs) than if the same value were delivered entirely as cash earnings. The regime applies for income tax purposes and when calculating the amount liable to NICs. It does not, however, attempt to change which class of NICs...
CASE HUB ARCHIVED This archived case hub sets out the situation as at the decision of 9 July 2021; it is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger investigation into Aon plc’s planned purchase of Willis Towers Watson ( M.9829). The deal raised issues of horizontal overlap in the provision of commercial broking services. Latest developments On 9 July 2021, the Commission approved the deal subject to commitments. To resolve its concerns, Aon proposed an extensive package of remedies, including selling key parts of Willis Trowers Watson’s operations to the international broker Arthur J. Gallagher, and disposing to an appropriate buyer of Aon’s entire German retirement benefits consulting and pension administration businesses, together with Aon’s German investment solutions unit. Parties Aon plc ( Aon): A publicly listed company incorporated in Ireland, based in London and listed on the New York Stock...
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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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