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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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Types of coroner Coroners are independent judicial office-holders. They must be qualified lawyers, although in the past some were medical doctors and a few still hold office. The categories of coroner are: the Chief Coroner senior coroners area coroners assistant coroners The Coroners and Justice Act 2009 ( CJA 2009) created the role of Chief Coroner. Their responsibilities include: directing that investigations be undertaken overseeing the transfer of cases between coroners keeping a register of investigations exceeding one year monitoring and arranging training for investigations into deaths of service personnel reporting to the Lord Chancellor regulating training personally conducting an investigation providing guidance to coroners The Chief Coroner’s guidance notes and law sheets are publicly available, and practitioners should keep up to date with the guidance. Every area has a senior coroner; an area is the district of a local authority, or the combined districts of two or more local authorities. When the senior coroner is absent or...
Offset arrangements occur when a bidder must provide, or is offered, extra investment, payments, or other industrial, commercial, or economic advantages as a prerequisite of its tender, typically as part of a public procurement arrangement or contract. Prevalent in the aerospace and defence sectors, these mechanisms are also known as offset agreements, industrial benefit, industrial participation, industrial co-operation, juste retour, or counter-trade. Buying states often insist on offsets to balance substantial procurement outlay, or to secure access to advanced technology or employment opportunities. Numerous jurisdictions embed offsets within bid evaluation criteria and attribute considerable weight to them when scoring tenders at the award stage. Types of offset arrangement—direct or indirect Direct offset A direct offset links straight to the principal contract, for example producing a component within the buyer’s territory. Indirect offset An indirect offset arises when the supplier, or its government, must purchase or invest in...
Limitation periods in arbitration ( England & Wales) When considering whether to begin arbitration, it is vital to check limitation carefully so that any claim or cause of action is not already time‑barred. As with issuing proceedings in the domestic courts, commencing an arbitration governed by the law of England and Wales is constrained by a range of statutory rules. It is equally necessary to take into account any contractual arrangements between the parties that address limitation. For the clock to stop, the arbitration must be “commenced”. The point of commencement is fixed by the applicable legislation and/or the arbitration rules under which the reference proceeds. If commencement is not effected correctly, a claim can become time‑barred, whether by statutory limitation or a contractual time bar. The steps required to commence arbitration are usually less burdensome than those for starting court...
This Practice Note explores the function and significance of boilerplate provisions within a contract. It highlights those boilerplate terms most frequently appearing in agreements connected with transactions, and considers the approach that ought to be adopted when reviewing or drafting any agreement that contains them. Lawyers handle an enormous range of transactions, yet each, in one form or another, relies on written contracts. Every one of those contracts ought to incorporate certain boilerplate terms. In practice, transaction documents should not be issued without them. What is boilerplate? There is no universally accepted meaning of a ‘boilerplate’ clause. These clauses are often regarded as routine, miscellaneous provisions. They are frequently signed off with minimal thought or bargaining, but treating them this way is a risky course to take. It is more precise to view ‘boilerplate’ as the label for the clauses included in an...
This Practice Note examines the offence of making threats to kill. It outlines what the Crown must establish and unpacks the constituent parts of the crime in turn and in context. It also summarises the sentencing framework and cites leading, relevant authorities on sentence for this offence, with appropriate references. The offence of threats to kill The offence of threats to kill may generally be prosecuted either in the magistrates' court or in the Crown Court. Magistrates are particularly likely to refuse jurisdiction where there are multiple threats or the presence of a visible weapon, in such circumstances. Elements of the offence of threats to kill The elements are set out in section 16 of the Offences Against the Person Act 1861 ( OATPA 1861). The prosecution must prove: any person, acting without lawful excuse, makes to another a threat to kill that person or a...
ARCHIVED: This Practice Note has been archived and is no longer being maintained. Lawyers worldwide are contending with shared issues arising from the coronavirus ( COVID-19) pandemic. Many topics are of particular relevance to Banking & Finance practitioners. This Practice Note addresses the questions most often raised in the current climate and collates key content and resources released across Lexis®PSL. It is refreshed regularly with practical guidance and analysis on the effects of COVID-19 developments. Due diligence and preliminary analysis What does the Coronavirus Business Interruption Loan Scheme involve and how can borrowers obtain access? — Q& A: What is the Coronavirus Business Interruption Loan Scheme and how can borrowers access it? Is there legislation specifically establishing the Coronavirus Business Interruption Loan Scheme? — Q& A: Is there any specific law or regulations in force that created the Coronavirus Business Interruption Loan Scheme scheme? If so, what are...
CASE HUB ARCHIVED — this hub captures the position as at the decision date of 3 September 2024; it is no longer maintained. See further, timeline. Case facts Summary of the UK merger probe into the expected purchase by T& L Sugars Limited of the UK packaging and distribution facility and the business-to-consumer operations of Tereos United Kingdom and Ireland Limited from Tereos SCA. The deal gives rise to horizontal overlaps concerning the supply of several categories of packaged sugar to business-to-consumer customers in the UK. Latest developments On 26 September 2024, the CMA published a notice (dated 25 September 2024) imposing a penalty on Tereos SCA and Tereos United Kingdom and Ireland under section 110 of the Enterprise Act 2002 for failing to comply with a section 109 notice requiring specified minutes and internal documents on board and corporate governance during phase 2. The CMA levied a...
ARCHIVED – this archived case hub reflects the position as at 31 May 2018, the date of the decision; it is no longer maintained. See the timeline, commentary, and related/relevant cases for more. It records the position at that date only and is not updated. Case facts Outline Case C‑633/16 Ernst & Young P/ S v Konkurrencerådet — a Danish reference asking how the EU Merger Regulation’s standstill obligation ( Article 7) applies to the merger between Ernst & Young and KPMG Denmark, and to the associated termination of a cooperation agreement between KPMG Denmark and the KPMG network. Latest developments On 31 May 2018, the Court of Justice gave judgment, holding that the standstill duty in Article 7(1) of the EU Merger Regulation attaches only to steps which, in whole or in part, in fact or in law, contribute to a change in control of the target...
This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Russia, published within the Lexology Getting the Deal Through series by Law Business Research (published: November 2020). Authors: Gorodissky & Partners- Ilya Goryachev. 1. What are the principal statutes regulating advertising generally? The principal statute governing advertising in Russia is Federal Law No. 38- FZ of 13 March 2006 ‘on advertising’ (the Advertising Law). It: sets out definitions of advertising and participants in advertising; stipulates general requirements applicable to advertising; places restrictions on advertising of particular goods and on certain advertising types; regulates outdoor advertising and assigns powers to local authorities; and empowers the Federal Antimonopoly Service as the advertising regulator. Federal Law No. 135- FZ of 26 July 2006 ‘on competition protection’ defines unfair competition and lists its non-exhaustive forms; these provisions are likewise relevant to unfair...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note offers a digest of key legal shifts pertinent to personal injury and clinical negligence practitioners as at 19 September 2024. For matters arising before this horizon scanner, consult PI and Clinical Negligence horizon scanning—overview. Key PI and clinical negligence developments Mo J updates payment of court fees for whiplash guidance The Ministry of Justice ( Mo J) has revised the Whiplash Reform Programme guidance to reflect a change to payment of court fees in road traffic accident-related personal injury claims falling within the new small claims track limit. The Mo J records an increase in fees from £275 to £303. See: LNB News 01/05/2024 60. Automated Vehicles Bill returns to House of Lords UK Parliament has reported that the Automated Vehicles Bill has gone back to the House of Lords for...
CASE HUB ARCHIVED — this archived hub captures the position as at 23 July 2015, the date the transaction was abandoned, and it is no longer being maintained. For more, see the timeline and commentary. Case facts Outline: UK merger probe into the proposed acquisition by Ash Limited of W Corbett & Co ( Galvanizing) Limited. The deal presented a horizontal overlap in the market for the provision of galvanising services in the West Midlands. Latest developments On 23 July 2015, the CMA cancelled its inquiry into the anticipated acquisition after the parties’ announcement that they had withdrawn from the transaction. Parties Joseph Ash Ltd ( Joseph Ash) is a subsidiary of UK company Hill & Smith Holdings plc. Joseph Ash is among the UK’s leading suppliers of steel finishing services (including galvanising) and runs six UK plants: Bilston (...
ARCHIVED: This content was published in 2024 and is not maintained. The Market Standards Trend Report offers detailed analysis of 56 firm offers, 39 possible offers and 11 formal sale process and/or strategic review announcements by Main Market and AIM companies subject to the Takeover Code in 2023. It shares insight on public M& A trends and what Market Standards, Lexis+® UK Practical Guidance and our contributors anticipate for 2024 and beyond. What does the Market Standards trend report cover? 2024 outlook deal values and volumes transaction structures unrecommended, competing and mandatory offers public-to-private ( P2P) deals bidder jurisdiction sector offer timetables deal financing shareholder engagement legal and regulatory developments The report includes analysis of high-profile transactions, including EQT’s £4.5bn offer for Dechra Pharmaceuticals, Brookfield’s £2.2bn offer for Network...
ARCHIVED: This material has been archived and is no longer maintained. This tracker highlights insurance and reinsurance court matters in the High Court, Court of Appeal, Supreme Court and the Court of Justice of the European Union (covering both the General Court and the Court of Justice). It is produced from our monitoring and evaluation of relevant court proceedings. Abbreviations European Court of Justice/ Court of Justice of the European Union— ECJ Court of Justice of the European Union— General Court— CJEU- GC Privy Council— PC Supreme Court— SC Court of Appeal— CA High Court— HC Queen's Bench Division— QBD Technology and Construction Court— TCC For previous years, see: Insurance & Reinsurance case tracker—2018 [ Archived] Insurance & Reinsurance case tracker—2017 [ Archived] Insurance & Reinsurance case tracker—2016 [...
Case facts Outline Appeals were lodged against the General Court’s rulings in Cases T‑827/14 Deutsche Telekom v Commission and T‑851/14 Slovak Telekom v Commission, which set aside in part the Commission’s decision of 15 October 2014. That decision had concluded that Deutsche Telekom and its subsidiary Slovak Telekom infringed Article 102 TFEU by deploying, over more than five years, an abusive course of conduct designed to drive competitors out of the Slovak broadband market ( AT.39523). Latest development On 25 March 2021, the Court of Justice issued its judgment and rejected the appeals in full. It held that the Commission does not have to establish that access to a specific infrastructure is ‘indispensable’ in order to prove abusive behaviour, where such access is required by...
ARCHIVED: This Practice Note has been archived and is no longer maintained Location: Doha, Qatar Dates: 26 November–8 December 2012 Subject: Implementation of the United Nations Framework Convention on Climate Change ( UNFCCC) and the Kyoto Protocol What is the Doha Climate Gateway? At the UNFCCC conference in Doha, Qatar—known as the Doha Climate Gateway—nations resolved to commence a further commitment period under the Kyoto Protocol. They also set a clear timetable to finalise a universal climate accord by 2015. In addition, Parties agreed on approaches to scale up climate finance and technology support for developing countries. The UNFCCC Executive Secretary, Christina Figueres, remarked that Doha represented progress, yet much remains to be done; the opportunity to keep warming under two degrees is barely open, as evidenced by science and data. She stressed that negotiations must now centre on practical methods to quicken action and...
ARCHIVED: This Practice Note has been archived and is not maintained. The Market Standards trend report offers a detailed review of the 46 firm offers, 47 possible offers and 17 formal sale processes and/or strategic reviews announced in 2022 by Main Market and AIM companies subject to the Takeover Code. It provides perspective on public M& A patterns and what we and our contributors expect in 2023 and beyond. What does the Market Standards trend report cover? outlook for 2022 deal value and volume deal structure hostile, competing and mandatory offers P2P transactions UK and overseas bidder activity industry focus shareholder engagement legal and regulatory developments The report features analysis of notable deals, including Schneider Electric’s £9.9bn offer for AVEVA Group and the competing proposals for M& C Saatchi from Advanced Adv T and Next Fifteen...
ARCHIVED: This Practice Note is archived and no longer maintained; it is not being updated or revised. It distils the legal developments relevant to personal injury and clinical negligence practitioners as at 23 March 2022. For the latest horizon scanner, consult PI and Clinical Negligence horizon scanning-overview for the latest overview. CPR updates Small claims limit for non-road traffic accident personal injury claims rising from £1,000 to £1,500 The Civil Procedure ( Amendment) Rules 2022 increases the small claims threshold for non-road traffic accident personal injury matters from £1,000 to £1,500. The change takes effect on 6 April 2022 and takes effect from that date. See: LNB News 04/02/2022 42. CPR changes and 140th practice direction update Forthcoming Civil Procedure Rules ( CPR) revisions, made by the Civil Procedure ( Amendment) Rules 2022, SI 2022/101, commence on 6 April 2022. These amendments affect CPR 2...
CASE HUB ARCHIVED – this archived case hub records the position as at the decision of 16 May 2012; it is no longer maintained. For more, see the case facts and the timeline. Case facts Outline European Commission merger investigation into Südzucker’s acquisition of ED& F MAN ( Case M.6286). Parties Südzucker and ED& F MAN Südzucker is a Germany-based business that manufactures and sells sugar, and also produces other food products, including food additives, frozen foods, portioned food items, bioethanol production and fruit juices, concentrates and preparations. It makes sugar in 29 beet sugar plants and three refineries across several European countries (both within and outside the EU). Südzucker is the largest sugar producer in Europe. ED& F MAN is a UK-based commodity trading firm that also runs food production facilities. ......
ARCHIVED: This Practice Note has been archived and is no longer maintained. It provides a concise overview of significant legal developments relevant to personal injury and clinical negligence practitioners as at 14 December 2022. For the latest horizon scanner, refer to PI and Clinical Negligence horizon scanning—overview. Key PI & clinical negligence developments How does the ASHE data released in October 2022 impact personal injury claims? Jodie Mc Auley, senior associate at Clyde & Co, and Kate Mikolajewski, Solicitor and Catastrophic and Large Loss Injury manager at Clyde & Co, explore the updates from the Office for National Statistics ( ONS), including practical points to bear in mind when managing periodical payment orders. See News Analysis: How does the ASHE data released in October 2022 impact personal injury claims? Law...
This archived case hub sets out the status as at the decision date of 27 March 2017; it is no longer updated. See also the timeline, commentary and related cases. Case facts European Commission merger review into the planned merger between Dow and Du Pont ( Case M.7932). The deal entails horizontal overlaps in markets for crop protection, seed and certain petrochemicals. Latest developments On 27 March 2017, the Commission cleared the transaction subject to commitments. Divest a substantial portion of Du Pont’s current pesticide business, together with its R& D organisation. Transfer two of Dow’s plants making acid co-polymers and a contract with a third party used to source ionomers. Parties Dow is a US-based company headquartered in Michigan. It is a diversified chemicals enterprise, part of a broader group active in plastics and chemicals, agricultural sciences, and hydrocarbon and energy products and services. Du Pont is a...
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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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