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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 presents a jurisdiction-focused Q& A on Austrian labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research ( May 2023). Authors: Schindler Attorneys- Barbara Klinger. 1. What are the main statutes and regulations relating to employment? The key legal instruments are: Act on White- Collar Workers Labour Constitution Act Employment Law Harmonisation Act Act on Working Time Act on Rest Days Act on Employee Liability Vacation Act Act on Blue- Collar Workers 1859 Company Pensions Act Employees' Severance Pay Act Act on Maternity Protection Act on Father's Leave Act on Equal Treatment Act on Employment of Foreign Workers Act on Employment of Disabled Persons Act on Professional Training Employees Safety Act 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? Yes. The Act on Equal Treatment outlaws direct and indirect discrimination by employers on the basis of an employee’s sex, religion, or ethnic...
ARCHIVED: This content was published in 2019 and is not maintained. Market Standards’s latest trend report, Trends in UK Public M& A deals in H1 2019, explores prevailing patterns in the UK public mergers and acquisitions ( M& A) arena. It delivers a thorough review of the 33 firm offers, 18 possible offers, five formal sale processes and one strategic review announced in H1 2019, offering perspective on what we may see throughout 2019 and thereafter. Highlights of the report: Comprehensive statistical deal information for H1 2019, covering deal structure and consideration Side-by-side comparison of H1 and H2 deal value and volume across a five-year horizon Detailed examination of hostile takeovers, mandatory offers and competing bids in H1 2019......
See further, timeline Case facts Outline European Commission Article 102 TFEU probe into SAP’s maintenance and support practices for its on‑premises Enterprise Resource Planning ( ERP) software ( AT.40823). Latest development On 14 November 2025, the Commission opened a market test concerning commitments put forward by SAP. Parties SAP: SAP, a Germany‑based company, builds software applications that help businesses run their operations. This includes ERP systems supporting functions such as corporate finance, human resources and project management. SAP’s ERP can be deployed on‑premises—running on the customer’s own servers—or in the cloud—hosted on SAP’s servers and delivered over the internet. SAP also offers maintenance and support for its ERP, including regular updates and technical assistance to keep business customers’ systems working. Other providers also supply maintenance and support for SAP’s on‑premises ERP, competing with SAP, often on more favourable commercial conditions (ie...
This archived case hub captures the position as at the date of the judgment of 17 September 2019; it is no longer maintained. See further: timeline and relevant/related cases Case facts Outline An action for annulment was lodged before the General Court against the Commission’s decision of 7 February 2007 concerning the exemption from excise duty on mineral oils used as fuel for alumina production ( Case SA.12186). The Commission considered 80% of the tax relief granted by the Italian Government to Euroallumina Sp A to be lawful, and, on that basis, required recovery of the remaining 20% of the amount of relief. Latest developments On 17 September 2019, the General Court delivered its judgment, in which it dismissed in its entirety the appeals brought by Italy and Eurallumina, finding that the excise duty exemptions granted to Eurallumina Sp A, for mineral oils used as fuel in...
ARCHIVED – this archived case hub reflects the position at the date of the decision of 21 December 2012; it is no longer maintained. See further, timeline and related cases. Case facts Outline UK merger inquiry into Akzo Nobel’s intended acquisition of Metlac. Latest developments On 21 December 2012, the Competition Commission released its final report. The CC concluded that blocking the merger was the only effective remedy for the SLC identified. Akzo Nobel then appealed this decision to the CAT – see Akzo Nobel v Competition Commission. On 14 August 2015, the CMA published a notice to accept final undertakings from Akzo Nobel and the Bocchio family. The consultation on those undertakings runs until 1 September 2015. Parties Akzo Nobel NV ( Akzo Nobel) and Metlac Holding ( Metlac). Akzo Nobel holds a 49% stake in Metlac and has exercised an option to purchase the remaining shares and obtain sole...
This archived case hub captures the position as at the judgment dated 15 May 2014 and is no longer updated Case facts Outline An appeal was lodged against the General Court’s judgment dismissing garantovaná’s action to annul the Commission’s decision of 22 July 2009. That decision found infringements of Article 101 TFEU and Article 53 EEA and imposed a €19.6m fine, stemming from garantovaná’s alleged involvement in a calcium carbide and magnesium cartel between 2004 and 2007 (the ‘ Calcium carbide cartel’). The appeal principally concerns the methodology for setting the fine and, in particular, whether the Commission used the correct ‘preceding business year’ when calculating the amount payable by garantovaná Parties Appellant: garantovaná a.s. (garantovaná) Defendant: European Commission Novácke chemické závody a.s. ( NCHZ), a Slovak company, produced calcium carbide among other products. During the period of the alleged...
This year’s yearly summary surveys the standout developments of 2017 and looks ahead to what 2018 has in prospect. Highlights include the LMA’s energetic activity on the documentation side, with fresh agreement templates, guidance notes and revised facility documentation; the establishment of a new industry body, UK Finance; publication of ECB guidance on highly leveraged deals; issuance of the new Insolvency Rules; and the Recast Regulation coming into force. Looking to 2018, multiple matters are set for appeal; the proposed Business Contract Terms ( Assignment of Receivables) Regulations 2017 are expected to return in an amended guise; and the Goods Mortgages Bill is anticipated to pass into law. Also covered are updates to Lexis Nexis® content, featuring notable developments from the last year and what is planned over the next twelve...
Case hub archived — this hub sets out the position as at 18 October 2017, when certain commitments were revised following the 2015 conditional clearance; it is no longer maintained. See the timeline for more information. Case facts Outline of the European Commission’s merger probe into General Electric’s proposed purchase of Alstom’s Thermal Power, Renewable Power & Grid Business ( Case M.7278). The deal featured horizontal overlaps in the markets for heavy duty gas turbines. Latest development On 18 October 2017, the Commission approved GE’s request to adjust elements of the decision of 8 September 2015. The agreed changes comprised: an alteration to the list of key personnel revisions concerning Pipeline Projects that relate solely to the activities retained by GE amendments concerning the trade marks to be licensed back to GE Parties General Electric ( GE) is a US‑based...
ARCHIVED – this case hub records the position as at the decision of 11 May 2016 and is no longer updated. See also the timeline, commentary and related cases. Case facts Outline European Commission merger review of the planned purchase by Hutchison 3G UK (owner of Three UK) of Telefonica UK (owner of O2) ( Case M.7612). The deal featured horizontal overlaps in the UK mobile telecommunications sector and in other telecoms markets. It concerned overlaps across the UK mobile telecoms market and other telecommunications markets nationwide as well. Latest developments On 11 May 2016, the Commission blocked the merger. The remedies proposed did not sufficiently tackle the Commission’s concerns. In particular, they failed to address disruption to existing UK network sharing arrangements, were not capable of substituting for the loss of competitive intensity in retail and wholesale markets and, being largely...
Repeals, following a transitional period ending on 1 June 2015, Council Directive 67/548/ EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions for the classification, packaging and labelling of dangerous substances, and Council Directive 1999/45/ EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of Member State laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous preparations. Amends Assimilated Regulation ( EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals ( UK REACH). For details of the amendments, see Assimilated Regulation ( EC) 1272/2008, Articles 57–59. Entry into force: 1 January 2021 Subject: Classification, labelling and packaging of substances and mixtures Background to the GB Classification, Labelling and Packaging Regulation Trade in substances and mixtures is not solely connected to the market in Great Britain ( GB), but is...
CASE HUB ARCHIVED – this archived hub reflects the position as at the decision on 12 August 2015 and is no longer being maintained. See also the timeline and commentary. Case facts Outline UK merger scrutiny of the proposed purchase by Reckitt Benckiser ( RB) of Johnson & Johnson’s K‑ Y brand. The deal creates a horizontal overlap in supplying personal lubricants to grocery retailers and nationwide retail pharmacy chains. Following a phase 2 inquiry, the CMA approved the transaction with remedies on 12 August 2015. Latest developments On 12 August 2015, the CMA issued its final report and cleared the merger subject to remedies, having found the transaction could result in an SLC. As a remedy, Reckitt Benckiser must grant a UK licence of the K‑ Y brand to a rival for eight...
This archived case hub captures the position as at the decision of 3 February 2022; it is no longer maintained. See further: timeline, commentary and related cases. Case facts Outline CMA Article 101 TFEU/ Chapter I inquiry into Alliance, Focus, Lexon and Medreich, concerning an alleged non-compete arrangement for the supply of prochlorperazine 3mg buccal tablets in the UK. Latest developments On 18 October 2022, the High Court ordered that the competition law issues in the CMA’s director disqualification proceedings be transferred to the CAT. The High Court will await the CAT’s decision before advancing the CMA’s disqualification case. At a case management conference on 14 November 2022, the CAT made case management directions addressing the transferred part of the disqualification proceeding. Parties Alliance Pharmaceuticals Limited and Alliance Pharma plc (together, Alliance). Alliance is an international pharmaceutical company listed on AIM. Alliance’s expertise lies in acquiring and...
ARCHIVED — this archived case hub sets out the position as at the decision of 14 September 2010; it is no longer kept up to date. Case facts Outline Case C–550/07 Akzo Nobel Chemicals Ltd v Commission—an appeal to the Court of Justice against the General Court’s judgment confirming the Commission’s decision that internal communications between undertakings and their in-house counsel and employees do not benefit from legal professional privilege. Parties Akzo Nobel Chemicals Ltd ( Akzo) and its subsidiary Akcros Chemicals Ltd ( Akcros) European Commission Market(s) Legal services Background to reference On 10 February 2003, the Commission conducted a dawn raid at the premises of Akzo and its subsidiary Akcros. During the inspection, the Commission’s officials, amongst other materials, seized two email communications. The messages were exchanged between a company officer and a member of its legal department......
This Practice Note offers a Denmark-focused Q& A on labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research ( September 2022)... Authors: Norrbom Vinding- Yvonne Frederiksen... 1. What are the main statutes and regulations relating to employment? Denmark has no single, overarching employment act covering the entire labour market. Instead, employment relations are shaped by a combination of statutes, collective bargaining agreements and the parties’ individual contracts. Danish employment rules broadly fall into two strands: collective agreements and legislation concerning salaried (white-collar) employees... A significant share of workers in Denmark are subject to a collective agreement. Negotiated by trade unions and employer organisations, these agreements stipulate core employment terms and pay, commonly addressing working hours, minimum wages, notice requirements and similar topics. Consequently, many employment conditions are primarily determined through collective...
This archived case hub reflects the position as at the decision date of 19 May 2015 and is no longer maintained. See further: timeline, commentary and related cases. Case facts Outline The European Commission reviewed Orange’s intended purchase of Jazztel ( Case M.7421). The transaction created horizontal overlaps in Spain’s mobile telecommunications market, where the parties are two of the four operators. On 19/05/2015, the Commission cleared the deal subject to commitments. Latest developments The Commission cleared the transaction subject to commitments on 19 May 2015......
Case facts Outline National reference from Italy’s Tribunale amministrativo regionale per il Lazio to the Court of Justice for a preliminary ruling under Article 267 TFEU, aiming to determine whether domestic rules in question applicable in Italy on carriage of goods by road—specifically, those stating that customer payments for transport services cannot be set below minimum operating expenses—accord with the principles of free competition, free movement of undertakings, freedom of establishment, and the freedom to provide services. Parties Anonima Petroli Italiana Sp A ( Anonima) Ministero delle Infrastrutture e dei Trasporti, Ministero dello Sviluppo Economico Tribunale Amministrativo Regionale per il Lazio ( Lazio Regional Administrative Court) Anonima is an Italian undertaking actively engaged in supplying crude oil to the petrochemical sector and in distributing petroleum products as well. It constitutes the principal operating subsidiary within the Gruppo api holding...
This archived hub records the position as at the decision dated 9 April 2014; it is no longer updated or maintained. For more detail, see the timeline, commentary and related linked cases. Case facts Outline A UK merger probe into Breedon Aggregates’ completed purchase of selected assets from Aggregate Industries UK Ltd. The CMA published its final report on 09/04/2014, approving the deal subject to remedies. Parties Breedon Aggregates, a supplier of heavy construction materials, chiefly and widely serving the North, West and East of Scotland, the East and West Midlands, East Anglia, North Wales, Greater Manchester and South Yorkshire. Aggregate Industries UK Ltd Background Breedon bought a package of assets from Aggregate Industries UK Ltd comprising 11 aggregate quarries (six operating), four asphalt plants (with associated asphalt surfacing services), seven ready-mix concrete plants plus two mothballed plants, and two concrete block factories. Completion occurred on 30 April 2013. The...
What does the Market Standards Trend Report cover? Click here to download the full report in Shorthand format. The Market Standards Trend Report offers a detailed examination of 55 firm offers, 51 possible offers and 15 announcements of formal sale processes, private sale processes and/or strategic reviews, announced in 2024 by Main Market and AIM companies subject to the Takeover Code (the Code). It shares insight into UK public M& A trends and what we, together with leading experts from Addleshaw Goddard, Ashurst, Bird & Bird, Hogan Lovells, Linklaters, Macfarlanes, Paul Weiss and White & Case, expect for 2025 and beyond. outlook for 2025 deal value and deal volume deal structure unrecommended and competing offers public to private ( P2P) transactions bidder jurisdiction industry nature of consideration and bid financing irrevocable...
CASE HUB ARCHIVED — this archived case hub sets out the position as at the judgment of 31 March 2023; it is no longer maintained. See further, timeline and commentary. Case facts Outline Appeal by Apple Inc. against the CMA’s decision of 22 November 2022 to make a market investigation reference regarding the supply of mobile browsers and mobile browser engines in the UK, together with the distribution of cloud gaming service through app stores on mobile devices in the UK. Latest development On 31 March 2023, the CAT handed down its judgment, allowing Apple’s appeal. The CAT found that section 131 of the Enterprise Act 2002 did not apply to the CMA’s 22 November 2022 decision because the CMA had issued a market study notice and was proposing to make a reference under section 131 of the Enterprise Act 2002 in relation to the matter...
ARCHIVED: This Practice Note has been archived and is not maintained. It distils key legal developments relevant to personal injury and clinical negligence practitioners as at 30 October 2023. For matters predating this horizon scanner, see PI and Clinical Negligence horizon scanning—overview. Key PI & Clinical negligence developments Minutes from Official Injury Claim Advisory Group’s 19 July 2023 meeting published The Ministry of Justice ( Mo J) has released the minutes of the Official Injury Claim ( OIC) Advisory Group meeting held on 19 July 2023. Attendees were: Chair and Secretariat from the Mo J OIC service operators from the Motor Insurers’ Bureau ( MIB) Association of Personal Injury Lawyers ( APIL) Motor Accident Solicitors Society ( MASS) Forum of Insurance Lawyers ( FOIL) Association of British Insurers ( ABI) HM Courts and Tribunals Service (...
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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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