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
Practice Note This Practice Note explores how the UK’s exit from the EU affects the operation of the 2007 Lugano Convention in relation to recognising and enforcing judgments. In the UK, the position is governed by domestic legislation, which contains transitional measures. The convention’s parties comprise the EU, Denmark, and the EFTA states of Iceland, Norway and Switzerland; however, until 31 December 2020 at 11 pm, it operated between the UK and Iceland, Norway and Switzerland. It did not govern relations between the UK and EU Member States ( Denmark included), as EU regulations or specific agreements applied there. UK courts still apply Lugano where proceedings were begun on or before 31 December 2020 at 11 pm. Its application is sustained via the pertinent domestic statutes, incorporating transitional rules. Courts in Iceland, Norway and Switzerland no longer use Lugano to enforce an English...
This Practice Note examines how the UK’s departure from the EU affects the operation of Regulation ( EU) 1215/2012, Brussels I (recast), for recognising and enforcing judgments. It also reviews the relevant provisions of the UK– EU Withdrawal Agreement. Relevant domestic legislation is covered as well, including any transitional rules, together with the stance of the EU Commission. Where appropriate, consequences for Regulation ( EC) 44/2001, Brussels I, are identified. Practitioners should note that other enforcement frameworks are likewise influenced by the UK’s exit. For further guidance, see Practice Note: Brexit post implementation period-considerations for dispute resolution practitioners- Recognition and enforcement of judgments [ Archived]. Definitions This Practice Note uses several definitions: Civil Procedure Rules- CPR EU Commission notice to stakeholders dated 27 August 2020, titled: ‘ Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private...
Scope of Practice Note This Practice Note offers a series of worked illustrations for pleading: particulars of claim defence reply They are set against a hypothetical dispute arising from a contract for the sale and delivery of blinds in a business-to-business setting. Owing to the nature of the claim, the Late Payment of Commercial Debts ( Interest) Act 1998 does not apply (see Practice Note: Late Payment of Commercial Debts ( Interest) Act 1998). These worked examples are not intended to function as Precedents. They do not encompass every possible claim or defence that might be open on the hypothetical facts and are not presented as ‘the perfect pleading’. Instead, they should be read with the generic statement of case Precedents linked to below and provide practical illustrations of how a hypothetical scenario can be pleaded in...
ARCHIVED: This Practice Note is archived and no longer maintained. The Brexit transition hub offers a concise gateway to core materials on the transition. It spotlights essential practical guidance and resources on transition (and post-transition) priorities, interim arrangements, and the legal shifts taking effect at the end of the transition/implementation period ( IP completion day), including tailored notes on how IP completion day affects different legal practice areas. Quick links Select below to go straight to the relevant guidance: Background reading on the Brexit transition EU- UK Trade and Cooperation Agreement Impact of the Brexit transition in UK law Retained EU law Brexit legislation pipeline Brexit transition guidance Impact of IP completion day in practice Keeping up to date Brexit ‘how to’ guide Lex Talk®Brexit We are actively reviewing this page and adding fresh content as further updates, developments, issues and queries arise. After IP completion day, practitioners conducting legal research should keep this page under watch and...
What does this Practice Note cover? This Practice Note sets out information on the International Swaps and Derivatives Association ( ISDA) interbank offered rate ( IBOR) fallbacks to the 2006 ISDA Definitions and the related protocols, including the implications of adhering or not adhering. ISDA has released key documents enabling market participants in IBOR-referencing derivatives, including those tied to the London Interbank Offered Rate ( LIBOR), to update their ISDA Master Agreements (and, where relevant, non- ISDA documentation). These updates address the phased wind-down of IBORs and their move to risk-free rates that started at the end of 2021. ISDA’s publications include: IBOR Fallbacks Supplement and Regional IBOR Fallbacks Supplement to the 2006 ISDA Definitions ( Supplements 70 and 90) 2020 IBOR Fallbacks Protocol (2020 Protocol) 2021 Fallbacks Protocol (2021 Protocol) ISDA has also issued FAQs on IBOR fallback rate...
Introduction This Practice Note explains how construction contracts are ordinarily managed on projects. It concentrates on the contract administrator’s role and how administration varies with the chosen procurement route and contract form, with particular emphasis on the JCT, NEC ECC and FIDIC suites. What is contract administration? In essence, contract administration is the supervision and tracking of a construction project to ensure successful delivery. It covers both hands-on oversight as the works get under way (eg inspecting the works, monitoring progress and conducting tests) and the handling, issuing and reviewing of the documents required by the contract (including payment notices and the evaluation of claims). In this Practice Note, ‘contract administrator’ is used as a generic label; however, different standard forms adopt different titles for the person performing this function-this is considered further in Who is responsible for the...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note sets out the principal modifications to Retained Regulation ( EU) 596/2014 (the UK Market Abuse Regulation) resulting from the onshoring process, of particular relevance to corporate lawyers. It summarises revisions to article 2 ( Scope), article 3 ( Definitions), article 5 ( Exemption for buy-back programmes and stabilisation), article 9 ( Legitimate behaviour), article 11 ( Market soundings), article 12 ( Market manipulation), article 13 ( Accepted market practices), article 17 ( Public disclosure of inside information), article 18 ( Insider lists) and article 19 ( Managers’ transactions). The following statutory instruments are pertinent when considering amendments to the UK Market Abuse Regulation: Market Abuse ( Amendment) ( EU Exit) Regulations 2019 ( Market Abuse Regulations 2019), made on 18 February 2019 Gibraltar ( Miscellaneous Amendments) ( EU Exit)...
CASE HUB NOTE-appeal lodged before the Court of Justice in Case C- 42/21 ARCHIVED - this case hub captures the position as at the judgment of 18 November 2020 and is no longer maintained. See further: timeline and relevant/related cases. Case facts Proceedings concern an appeal before the General Court challenging the European Commission’s decision of 2 October 2017 under Article 102, which fined AB Lietuvos geležinkeliai €27,873,000 for dismantling a 19km section of railway linking Lithuania and Latvia ( AT.39813). Outline The applicant sought annulment and/or a reduction of the fine imposed by that decision. Outcome On 18 November 2020, the General Court delivered its judgment, dismissing the appeal in full on the merits. Although it found no error in the Commission’s approach to imposing a fine, exercising its unlimited jurisdiction over the amount, it reduced the penalty from €27,873,000 to €20,068,650, having regard to the gravity and...
The conventions/regulations The insolvency exception features in a number of conventions/regulations, including: Lugano Convention: the convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark, signed on behalf of the European Community on 30 October 2007 (the Lugano Convention), which governs disputes involving Switzerland, Norway or Iceland. Although the UK applied to join in its own right post- Brexit, the EU declined that accession. The Lugano Convention remains operative among its contracting parties. For more detail, see Practice Notes: Tracker- Lugano Convention 2007 [ Archived] and Lugano Convention 2007-general provisions in relation to jurisdiction. Hague Convention: the Hague Convention on Choice of Court Agreements (the Hague Convention), in force from 1 October 2015 onwards....
1. What is the applicable legislation? If you invest by setting up a Kazakh company, or by purchasing an interest in one, or through the acquisition of a shareholding therein, the interactions between participants concerning their respective rights and duties are generally governed by Kazakhstani law. That said, on acquiring a stake in a Kazakhstani entity, many matters can be elevated to regulation by foreign law, particularly where the corporate structure of the target is modified following completion of the acquisition. Where an investor signs an investment contract, and ancillary agreements made under it, the parties’ legal relations may then be governed either by the law of the Astana International Financial Centre or by the law of the Republic of Kazakhstan, as applicable. Note, however, that entering into an investment contract is not compulsory for investors when making an investment and is most often...
This Practice Note This Practice Note explores the wide-ranging functions in-house legal teams may assume in international arbitration and connected issues. It is intended as direct guidance for in-house counsel (though, stylistically, we refer to such lawyers in neutral terms). It should equally assist practitioners collaborating with in-house teams, or seeking clearer insight into their place within the arbitral workflow. Much of the pragmatic advice could also apply where the chosen dispute resolution route is, for instance, litigation or mediation. Although the emphasis is on the contribution of in-house counsel to international commercial arbitration, the discussion and pointers may likewise inform in-house lawyers involved in international investment arbitration (investor–state dispute resolution), particularly viewed from the perspective of investors. Introductory Practice Notes that may help include: Arbitration-new starter guide Arbitration-an introduction to the key features of arbitration ...
ARCHIVED: this Practice Note is for historical reference This note outlines the background and progression of electronic working in the courts, and summarises electronic working schemes that have concluded. For details on current electronic working arrangements, see: Electronic working pilot scheme under CPR PD 51O- Practice Notes: Electronic working and CE- File-when and where is CE- File applicable? and Electronic working and CE- File-how to use CE- File Electronic filing under CPR PD 5B- Practice Note: Electronic communication and filing of documents by email- CPR PD 5B County Court-certain County Court claims and applications can be issued and filed electronically-see Practice Notes: County Court money claims-how and where to issue and Where to issue County Court claims and Starting civil claims in the County Court Supreme Court- Practice Note: Supreme Court-general provisions and...
Convention rights The Human Rights Act 1998 ( HRA 1998) took effect in October 2000 and is intended to give effect to the rights set out in the European Convention on Human Rights ( ECHR) (the Convention rights). The ECHR is a binding international treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it became binding in UK law only with the introduction of the HRA 1998......
The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) revises the framework created by the European Union ( Withdrawal) Act 2018. It substantially affects how what was retained EU law ( REUL) was classified and handled during 2021–23, which is now termed assimilated law. The Act also contains an array of mechanisms and powers enabling the ongoing amendment, repeal, and substitution of assimilated law over time. REUL( RR) A 2023—background REUL( RR) A 2023 came into force in part on 29 June 2023, with additional provisions commencing on 29 August 2023, and the balance commencing on appointment. For background reading on the passage......
What is a civil servant? A civil servant is a permanent, politically impartial employee of central government—a servant of the Crown other than members of the armed forces. The Civil Service comprises the Home Civil Service and the Diplomatic Service. It does not include: judges police officers, who hold independent offices employees of Parliament, who do not serve the government local government employees NHS employees ministers, who serve in a political role In practical terms, a civil servant is someone employed by a government department. Government departments Much of the executive’s work is undertaken by government departments—such as the Home Office or the Department for Work and Pensions—led by ministers and staffed by civil servants. The most senior civil servant in a department is the Permanent Secretary. Departments lack a legal personality of their own; they are...
Central to Parliament’s legislative supremacy is the rule that it is not constrained by earlier Parliaments and cannot fetter those to come. Consequently, if a subsequent Act of Parliament clashes with a prior one, the later measure is not to be interpreted as qualified by, or subordinate to, the former. Instead, the later statute is taken to have repealed the earlier by necessary implication, so far as the inconsistency extends. Yet, in the past few decades it has been recognised that, in at least some legal settings (notably concerning European Union law and the European Communities Act 1972 ( ECA 1972), and arguably other ‘constitutional’ statutes), Parliament may pass provisions which, unless expressly repealed or revised, shape and restrict the operation of later, inconsistent enactments. Origins The principle was articulated by the court in Dean and Chapter of Ely v Bliss. The dispute...
The scope of this Practice Note This Practice Note addresses project management for both stand-alone projects and larger, integrated programmes, and also covers risk management. Recognise that projects often sit within a wider programme (such as a corporate transformation), so programme-level disciplines must be applied as well. Risk management—legal risks included—should be woven into the chosen methodologies to secure successful outcomes. It explains the difference between a project and a programme, how project assurance is overseen, and how risk strategies are built into the delivery of the relevant project or programme. It also points to commonly used methodologies. Accountability for promoting sound project management across central government now sits with the National Infrastructure and Service Transformation Authority ( NISTA), launched on 1 April 2025 through the consolidation of the former Infrastructure and Projects Authority ( IPA) and the National...
The upper chamber of the UK Parliament has, over the last century, seen major shifts in its membership and in the constraints on its authority, with the principal political parties pressing for further reform. Even so, it remains central to the scrutiny and revision of legislation. Its judicial functions ended on 30 July 2009; from 1 October 2009, the UK Supreme Court has carried out that role under the Constitutional Reform Act 2005 ( CRA 2005). For further detail, see Practice Notes on separation of powers—legislative, executive and judiciary—and on Judges. This Practice Note considers the House in its present guise within the UK legislature. Origins of the The concept of Parliament can arguably be traced to the eleventh century, with the ‘ Witans’: an Anglo- Saxon political body of councils consulted by Saxon kings and attended by religious leaders, magnates and the king’s...
This Practice Note sets out the rules on dissolution, election and the summoning of Parliament in the UK. A Parliament endures for no more than five years before dissolution. Once Parliament is dissolved, a parliamentary general election follows, after which a new Parliament is summoned. Dissolution of Parliament By long-standing practice, the monarch exercises the prerogative to dissolve Parliament upon the Prime Minister’s request. There is no convention requiring the Prime Minister to consult others in advance. A Prime Minister seeking a general election asks the monarch to grant a dissolution so the election can proceed. By convention, the monarch typically agrees. For over a decade, from 2011 to 2022, the Fixed-term Parliaments Act 2011 ( FTPA 2011) placed the monarch’s dissolution prerogative in abeyance and installed a statutory scheme for calling early elections. The Dissolution and Calling of Parliament Act 2022 ( DCPA 2022)...
What is common land? The expression ‘common land’ generally refers to land over which rights of common exist: entitlements held by one or more commoners to take or use the land’s natural produce, exercised alongside one another and alongside the landowner. In many statutes, ‘common’ is framed more broadly, covering any land liable to be inclosed under the Inclosure Acts, as well as any town or village green. Halsbury’s Laws of England describes a right of common as a right held by one or more persons to take or use a portion of what another person’s soil naturally provides. Any part of that produce not lawfully taken by the commoners remains with the owner of the soil. The right is a profit à prendre, and must be distinguished from an easement which, although a right over another’s land, does not grant any share in that land’s...
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
