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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 explores how the Financial Conduct Authority ( FCA), the Prudential Regulation Authority ( PRA) and the Bank of England ( Bo E) are deploying the temporary transitional powers ( TTP) at their disposal to help ensure a smooth handover for financial services firms after the end of the implementation period that followed the UK’s departure from the EU. What are temporary transitional powers ( TTP)? The European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), as amended by the European Union ( Withdrawal Agreement) Act 2020, provides for the ratification and onshoring into domestic law of the Withdrawal Agreement between the UK and the EU. The Withdrawal Agreement sets out the framework for the UK’s exit from the EU and establishes a transition period (termed by the UK government as the ‘implementation period’) running from 31 January 2020 to 31...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment of 20 May 2021 and is no longer maintained. For more information, see the timeline and related/relevant cases. Case facts Case C‑128/19, Azienda Sanitaria Provinciale di Catania- a national reference from Italy - sought clarification on whether, among other issues, an Italian law measure concerning payments by Sicilian local health authorities to owners of animals slaughtered due to infectious diseases amounts to unlawful State aid. Latest developments On 20 May 2021, the Court of Justice delivered its judgment, holding that Italian compensation for farmers compelled to cull animals affected by infectious disease, and for the veterinary surgeons involved, must be notified to and assessed by the European Commission, unless an exemption applies under Regulation No 702/2014 declaring certain categories of aid in the agricultural and forestry sectors in rural areas in the...
CASE HUB NOTE-an appeal has been lodged before the Court of Justice in Case C- 127/21 P ARCHIVED -this archived case hub reflects the position at the date of the judgment of 16 December 2020; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline Appeal before the General Court challenging the European Commission’s decision to confer grandfathering rights over slots released as part of commitments under the EU Merger Regulation in Case M.6607 US Airways/ American Airlines. Latest development On 16 December 2020, the General Court delivered its judgment, dismissing the appeal. Parties Applicant: American Airlines ( AA) Defendant: European Commission Background The 2013 decision in US Airways/ American Airlines On 5 August 2013, following a phase I review, the Commission cleared the AA and US Airways merger subject to commitments. It found the deal would create a monopoly on the London–...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 124/21 P ARCHIVED This archived case hub captures the position as at the judgment of 16 December 2020 and is no longer being updated. For additional materials, consult: timeline, commentary and relevant/related cases. Case facts Outline An appeal was brought against the Commission’s decision of 8 December 2017, which found that ISU rules imposing stringent penalties on athletes taking part in competitions lacking ISU authorisation breached EU antitrust law ( AT.40208). Outcome On 16 December 2020, the General Court handed down its ruling, upholding the appeal in part. It confirmed the Commission’s characterisation of the ISU eligibility rules as a restriction of competition by object, while annulling aspects of the 2017 decision relating to the ISU’s arbitration...
PI & Clinical Negligence horizon scanner- December 2020 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at 16 December 2020. For the latest horizon scanner, please consult PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep abreast of the swift changes to court processes and procedures prompted by the pandemic, and for sector guidance on managing cases during this period-including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For information on recent developments for PI and clinical negligence claims, see: Association of British Insurers and Association of Consumer Support Organisations agree a further extension of the Statement of Intent to 15 January 2021-see: LNB News 02/12/2020 24 Coronavirus (...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 149/21 ARCHIVED -this archived case hub reflects the position at the date of the judgment of 16 December 2020; it is no longer maintained. See further: timeline. Case facts Outline An action before the General Court contesting the European Commission’s decision of 14 June 2018 which, under Article 7(2) of Regulation 773/2004, dismissed a complaint filed by Fakro sp. z o.o. against VKR Holding A/ S alleging abuse of a dominant position ( Case AT.39451). Outcome On 16 December 2020, the General Court handed down its judgment and rejected the appeal in full. Among other findings, the Court concluded that the Commission had not committed a manifest error when refusing Fakro sp. z o.o.’s...
This Practice Note outlines core Lexis+® UK Financial Services resources addressing the post- Brexit regulatory frameworks applicable to UK and EU financial institutions. It additionally signposts Brexit materials on the broader effects of Brexit on UK financial services, for example the temporary permissions regime, the financial services contracts regime, interim arrangements for financial market infrastructures ( FMIs) and the UK regulators’ temporary transitional powers. We also provide links to principal UK post- Brexit financial services materials, including the Edinburgh reforms, together with pivotal Brexit and post- Brexit content connected to specific financial services topics. For a complete set of Lexis+® UK Financial Services essentials notes, one minute guides and timelines, see Overviews: UK and EU financial services regulation-essentials-overview, UK and EU financial services regulation-one minute guides-overview and UK and EU financial services...
This document is archived and no longer maintained. This Practice Note outlines the amendments to the Recast Regulation on Insolvency introduced by the Brexit SI-the Insolvency ( Amendment) ( EU Exit) Regulations 2019, SI 2019/146-which take effect from IP completion day (31 December 2020). Broadly, the key operative rules on automatic recognition cease to apply from IP completion day (see Practice Note: Brexit-impact on Recast Regulation on Insolvency). For a working redline illustrating the effect of SI 2019/146 on the Recast Regulation on Insolvency from IP completion day (note that these are not official texts but act as helpful tools), see News Analysis: Brexit SI analysis: redline of Recast Regulation on Insolvency 2015/848 as amended by the Insolvency ( Amendment) ( EU Exit) Regulations 2019, SI 2019/146. Although Brexit SI 2019/146 has amended the articles of the Retained Recast Regulation on...
CASE HUB Archived This archived case hub captures the position as at the decision date of 20 May 2021; it is not being maintained. See further, timeline. Case facts Outline UK merger review of the proposed joint venture between Liberty Global plc and Telefónica S. A to combine their UK operations, Virgin Media/ Virgin Mobile and O2. The parties both provide wholesale services to other UK mobile network operators. Latest developments On 20 May 2021, the CMA issued its final report, clearing the deal unconditionally after a detailed phase 2 investigation. Parties Liberty Global plc ( Liberty) owns Virgin Media and Virgin Mobile in the UK. Telefónica S. A. ( Telefónica) owns O2 in the UK. Background Announced on 7 May 2020, Liberty and Telefónica will create a 50:50 joint venture, to which each will contribute their UK businesses- Virgin Media (including Virgin Mobile) and O2...
Mastercard Incorporated and others v Walter Hugh Merrick CBE ( CPO application) [ Archived] ARCHIVED – this case hub is a preserved snapshot as at the judgment dated 11 December 2020; it is no longer being updated. For more, see the timeline, commentary and related cases. Case facts Outline Appeal arising from the Court of Appeal’s ruling of 16 April 2019, which upheld Walter Merricks’s challenge to the Competition Appeal Tribunal’s 21 July 2017 decision declining to make a Collective Proceedings Order. Latest development On 11 December 2020, the Supreme Court delivered its judgment, affirming the Court of Appeal’s decision and remitting the matter to the Competition Appeal Tribunal for reconsideration. In particular, the Supreme Court agreed with the Court of Appeal that the CAT committed numerous errors of law when declining to certify Mr Merricks’ mass consumer collective...
Joint and several liability notices under the Finance Act 2020 The Finance Act 2020 ( FA 2020) introduced powers enabling HMRC, in specified insolvency-related circumstances, to hold certain individuals personally responsible for tax debts or particular tax penalties owed by companies or LLPs, on a joint and several basis, by issuing a joint and several liability notice ( JSLN). Those potentially caught include: directors, shadow directors and other individuals involved in managing a company participators in a company members or shadow members of a limited liability partnership ( LLP) These measures were developed as part of efforts aimed at ‘tackling the small minority of taxpayers who deliberately abuse the insolvency regime in trying to avoid or evade their tax liabilities, including through the use of phoenixism.’ HMRC’s guidance summarising the JSLN provisions reflects this, while emphasising the...
What is the key Brexit SI impacting CBIR 2006? This material is archived and no longer maintained. The effect of the principal Brexit SI for R& I-the Insolvency ( Amendment) ( EU Exit) Regulations 2019, SI 2019/146-is widely acknowledged with respect to the Recast Regulation on Insolvency, Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19) ( EU Recast Regulation on Insolvency), see Practice Note: Brexit-impact on Recast Regulation on Insolvency. Less commonly noted is the effect that the Brexit SI also has on the Cross- Border Insolvency Regulations 2006, SI 2006/1030, which give effect to the UNCITRAL Model Law on Insolvency in UK law (see Practice Note: When does UNCITRAL (implemented by the Cross- Border Insolvency Regulations) apply and what are the effects?). What are the main changes to CBIR 2006? As shown by the mark-up noted below, there are, as...
This Practice Note is a primer on the LIBOR transition. It seeks to address the most common questions, clarify and contextualise essential terminology, and signpost readers to more in-depth resources... Other key materials on LIBOR transition are: LIBOR transition toolkit: an interactive guide for moving from LIBOR to risk-free rates, serving as a one-stop hub with links to Practice Notes, checklists, trackers, Q& As, useful Articles and News Analyses LIBOR developments tracker: sets out developments for each LIBOR currency Practice Note: Interest provisions in risk-free rate based loan agreements: guidance on drafting a loan agreement using risk-free rates ( RFR), compounded in arrears (eg SONIA, compounded in arrears) Practice Note: Term risk free rates in loan agreements: information on drafting a loan agreement based on term RFRs, with discussion of fallbacks to EURIBOR Practice Note: LIBOR...
In the UK, unilateral or ‘dominant’ firm behaviour falls within section 18 of the Competition Act 1998. Section 18(1) of Chapter II provides that conduct by one or more undertakings amounting to abuse of a dominant position in a market is prohibited if it may affect trade within the United Kingdom. the abuse need only have the potential to impact trade within the UK, and the dominant position must exist within the UK (even if the abuse occurs outside the UK) ‘ UK’ refers to the United Kingdom or any part of it. There is no requirement that the part be ‘substantial’. Otherwise, the analysis of the applicability of the will mirror Article 102 TFEU, namely: is there a dominant position? This involves defining the market and evaluating the allegedly dominant undertaking’s position in that market, and is the conduct at issue...
This Practice Note Use this Practice Note to monitor the status of EU legislative proposals and active consultations impacting the life sciences sector. For matters focused on the medical devices regulatory regime, its guidance and continuing reform, refer to the Practice Notes: The EU MDR and IVDR implementing acts and guidance tracker, and Medical devices- UK and EU regimes comparison. For pricing and reimbursement developments for medicines and innovative technologies under the Health Technology Assessment ( HTA) Regulation ( EU) 2021/2282 (the HTAR)-which has applied on a rolling basis since 12 January 2025-and for ongoing implementation via secondary legislation, guidance and industry input, see Practice Note: Health Technology Assessment in the EU, especially the sections: Horizon scanning-2026 and beyond, Tracker-log of HTA reform developments and important dates by reverse chronology, and Rolling implementation overview... Other related specific and topical trackers not covered here...
A key proposition underpinning UK competition law Rival undertakings are expected to pursue their strategies independently in the marketplace. In general, head-to-head rivalry should deliver maximum consumer benefit and allocate resources most efficiently. As a result, the Competition and Markets Authority ( CMA) treats with caution any arrangement liable to soften competition or lessen the commercial uncertainty that would otherwise separate competitors. Nonetheless, businesses may have sound reasons for entering agreements whose clauses or obligations risk constraining competition. That is particularly true where such arrangements are intended to create or advance beneficial outcomes (efficiencies) that would not materialise without the restriction included in the agreement. UK competition policy aims to balance safeguarding effective competition (notably by outlawing illegitimate collusion) against securing advantages that arise-and are often only attainable-through co-operation. Chapter I sets out the legal framework for this balanced appraisal, weighing the...
This Practice Note sets out how far EU law continued to influence the UK’s tax framework (both direct taxes and VAT) immediately after the Brexit implementation period ended at 11pm on 31 December 2020. It describes the categories of retained EU law ( REUL) relevant to tax- EU legislation, decisions of the EU Court of Justice, the general principles of EU law and the EU fundamental freedoms-and explains their application in a tax context. It purposefully excludes later changes, notably the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023), which substantially reshaped REUL and, from the end of 2023, rebranded it as assimilated law. For more detail, see Practice Note: Assimilated law and Assimilated law and tax. This Practice Note does not address the EU’s State aid framework; for that, see Practice Note: State aid law and...
ARCHIVED This Practice Note has been archived and is no longer maintained. It examines the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015, SI 2015/542 ( Consumer ADR Regulations), as they apply to disputes arising before the commencement of Part 4, Chapter 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) (alternative dispute resolution for consumer contract disputes). It addresses trader information obligations, and their effect on consumer disputes and dispute resolution clauses in business-to-consumer ( B2C) contracts. It also outlines the criteria an alternative dispute resolution ( ADR) provider must satisfy to obtain certification under the Consumer ADR Regulations, and identifies the competent authorities responsible for granting such certification. Background Parts 1–3 of the Consumer ADR Regulations took effect on 7 April 2015, with Parts 4–5 commencing on 1 October 2015. They were...
Practice Note This Practice Note addresses questions of jurisdiction, applicable law, transfers between contracting states, and parental responsibility under the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), which took effect in the UK on 1 November 2012. The Hague Conference on Private International Law ( HCCH) has issued a Practical Handbook on the Operation of the 1996 Child Protection Convention, together with an Explanatory Report on the 1996 Hague Convention (the Lagarde Report). The courts have held that both the Practical Handbook and the Explanatory Report are proper sources to consult when interpreting, where necessary, the meaning and scope of the 1996 Hague Convention. From 31 January 2020 (exit day), the UK was no longer an EU Member State and ceased...
CASE HUB NOTE-referral back to the General Court in Case T- 131/16 RENV ARCHIVED This archived case hub records the position as at the judgment of 16 September 2021 and is no longer maintained. See the timeline and commentary for more... Case facts Appeal against the General Court’s judgment in Case T- 131/16, which had upheld an action seeking annulment of the Commission’s decision on selective tax advantages granted by Belgium under its ‘excess profit’ tax scheme ( SA.37667)... Latest developments On 16 September 2021, the Court of Justice delivered its judgment, finding that the General Court had erred in interpreting and applying Article 1(d) of Regulation 215/1589. It therefore set aside the General Court’s ruling. Nonetheless, the Court of Justice remitted the case to the General Court to rule on two unresolved pleas raised at first instance: whether the Belgian scheme constituted state aid, and the...
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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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