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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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Parties: 198 (197 States and the European Union) Location: New York Adopted: 9 May 1992 Entered into force: 21 March 1994 Subject: Climate Change What is the UNFCCC? The United Nations Conference on Environment and Development ( UNCED) — the Earth Summit — met in Stockholm in 1992 to stop and reverse environmental degradation while advancing sustainable, environmentally sound development. At UNCED, two legally binding treaties were adopted and signed: the UN Convention on Biodiversity and the UN Framework Convention on Climate Change. By joining the UNFCCC, Parties committed to collaborate on limiting increases in average global temperatures and the resulting climate change, and to address impacts that were already unavoidable. The Convention took effect on 21 March 1994 and now has near-universal participation. The 197 States and one regional economic integration organisation (the EU) that have ratified it are called...
ARCHIVED: This content was published in 2020 and is not maintained. The Market Standards trend report delivers detailed analysis of the 12 binding offers and ten potential offers made for Main Market and AIM companies subject to the Takeover Code in H1 2020. It also provides insight into public M& A patterns and what we might anticipate in H2 2020 and beyond. What does the Market Standards trend report cover? deal value and volume private equity deal activity UK and foreign bidder activity industry focus deal structures post-offer statements of intention shareholder activism coronavirus ( COVID-19) issues and impact legal and regulatory developments What are the highlights from the report? The economic uncertainty arising from the coronavirus ( COVID-19) pandemic has had a material effect on public M& A activity, with activity notably lower in Q2 2020. In H1 2020 there were 12 firm offers announced, compared with 33 firm offers in H1 2019 and 33...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It summarises the principal legal developments relevant to personal injury and clinical negligence practitioners as at 26 September 2022. For the latest horizon scanner, please see PI and Clinical Negligence horizon scanning-overview. CPR updates CPR changes-in force 1 October 2022 A suite of Civil Procedure Rules ( CPR) revisions made by the Civil Procedure ( Amendment No 2) Rules 2022 will predominantly commence on 1 October 2022. Changes to CPR 55 (possession claims), CPR 56 (landlord and tenant claims) and CPR 65 (crown proceedings) will instead begin on 1 December 2022. These amendments touch on CPR 2 (application and interpretation of the rules), 3 (court’s case management powers), 4 (forms), 5 (court documents), 6 (service of documents), 7 ( How to start proceedings-the claim form), 8 (alternative procedure for claims), 12 (default judgment), 15 (defence and...
CASE HUB ARCHIVED — This archived case hub sets out the position as at the judgment dated 11 April 2024; it is no longer maintained. See the timeline. Case facts Appeal arising from the CMA’s final report on its phase 2 investigation into the completed acquisition by Cérélia Group Holing SAS of certain assets connected to the UK and Ireland dough business Jus- Ro of General Mills, Inc. Outline The appeal contested the CAT’s judgment, which dismissed an appeal against the CMA’s decision of 20 January 2023 relating to that phase 2 report. Latest development On 11 April 2024, the Court of Appeal handed down its judgment and dismissed the appeal unanimously......
Parties: 197 Parties Revisions: Montreal Protocol (1987); London Amendment (1990); Copenhagen Amendment (1992); Montreal Amendment (1997); Beijing Amendment (1999) Location: Vienna Adopted: 1985 Came into force: 22 September 1988 Subject: Protection of the ozone layer Background to the Convention Talks on a global accord to safeguard the ozone layer began in 1981, as the human-driven nature of the harm and its worldwide impact made collective action essential. Consensus was secured in March 1985, resulting in the Vienna Convention for the Protection of the Ozone Layer. The early phase of negotiations was spurred by mounting scientific concern over ozone depletion, the shield that screens the earth from excessive ultraviolet radiation from the sun and also helps regulate temperature. Although definitive proof was not yet available, chlorofluorocarbons ( CFCs), halons and comparable chemicals were suspected. When subjected to...
Parties: 51 parties Location: Geneva Adopted: 13 November 1979 Came into force: 16 March 1983 Subject: Transboundary air pollution What is the Convention on Long-range Transboundary Air Pollution? The Convention on Long-range Transboundary Air Pollution (the Convention) became the earliest international, legally binding accord to address air pollution challenges across a wide regional scale. It emerged in response to issues in the 1960s and early 1970s, notably the acidification of Scandinavian lakes, with numerous studies at the time confirming that airborne pollutants could travel long distances before depositing and causing damage. Concluded under the UN Economic Commission for Europe ( UNECE), it was signed in 1979 by 34 governments together with the European Community, entering into force in 1983. It established the principal framework to control and reduce harm to human health and the environment arising from...
See further: timeline, commentary and related/relevant cases. Case facts ARCHIVED — this case hub sets out the position as at the decision of 9 June 2016; it is no longer maintained. Outline An appeal challenged the General Court’s judgment confirming the Commission decision of 3 October 2007 that found an infringement of Article 101 TFEU and imposed a €83.85m fine on CEPSA/ PROAS for their purported role in a price-fixing and market/customer allocation cartel in the Spanish bitumen supply market between 1991 and 2002 (the ‘ Spanish bitumen cartel’). On 9 June 2016, the Court of Justice rejected the appeals in full. The case also examines, among other issues, the implications of an allegedly excessive length of contentious proceedings before the EU Courts. Parties Appellants: Compañía Española de Petróleos SA ( CEPSA) Productos Asfálticos SA ( PROAS) Other party: European...
Article 8 of the European Convention on Human Rights 1950 ( ECHR), brought into UK law by section 1 of the Human Rights Act 1998 ( HRA 1998), protects the right to respect for private and family life. This Practice Note outlines frequent considerations for people granted leave under Article 8 ECHR, such as matters that can arise around the duration and conditions of leave, mapping a route to settlement, extending leave, naturalising, and securing leave for family members. Duration and conditions of leave The period and the restrictions attached to any leave granted will turn on the application route pursued. There is no single standard length of leave to remain on Article 8 grounds, nor a universal set of conditions. This should be weighed carefully when selecting the process through which to apply. For example, in an entry clearance scenario, it may appear...
CASE HUB ARCHIVED – this archived case hub presents the position as at the penalty notice dated 20 December 2018; it is no longer being maintained. See also the timeline, commentary and related cases. Case facts Outline UK merger investigation into the completed acquisition by European Metal Recycling Limited of Metal & Waste Recycling Limited. The deal gives rise to horizontal overlaps within markets for metal recycling. Latest developments On 20 December 2018, the CMA issued a penalty notice to Ausurus and EMR for failure to comply with the initial enforcement order ( IEO) imposed by the CMA. A combined penalty of £300,000 was levied for two infringements......
Article 8 of the European Convention on Human Rights 1950 ( ECHR), brought into UK law by section 1 of the Human Rights Act 1998 ( HRA 1998), sets out the right to respect for private and family life in the UK. Every immigration practitioner should be able to describe the steps for pursuing an Article 8 claim, together with the linked issue of the likely prospects of success. This Practice Note details the process for making an immigration Article 8 claim, including when an application form is required and when it is not required, and the options available where an application is refused. What evidence to submit with an Article 8 claim This Practice Note should be read alongside practical guidance on specific application routes. It is important that Home Office decision-makers assessing Article 8 claims have up to date evidence before them when they make a...
ARCHIVED: This Practice Note is archived and is not being maintained. The Market Standards trend report delivers detailed examination of the 53 firm offers, 52 possible offers and five formal sale processes and/or strategic reviews announced by Main Market and AIM issuers falling within the Takeover Code ( Code) during 2021. It offers insight on public M& A patterns and what we and our contributors anticipate for 2022 and thereafter. What does the Market Standards trend report cover? Topics covered include: outlook for 2022 deal value and volume deal structure hostile, competing and mandatory offers P2P transactions UK and overseas bidder activity industry focus engagement by shareholders and other stakeholders legal and regulatory developments The report features analysis of notable transactions, such as the £7.1bn competing bids for Wm Morrison Supermarkets, the £3.5bn consortium proposal for Signature Aviation and the £2.7bn offer for DMGT by the Rothermere family. What are the highlights from the...
The Long Residence route within the Immigration Rules This route enables applicants to seek further leave to remain or settlement (indefinite leave to remain, ILR) on the basis of ten years’ continuous and lawful residence in the UK. This Practice Note provides an overview of the pathway and signposts the applicable Immigration Rules, Home Office policy materials, application forms, fees, and other application information. Originating as a concession outside the Rules, it was introduced to ensure compliance with Article 3(3) of the 1955 European Convention on Establishment, a Council of Europe treaty that the UK ratified on 14 October 1969. Following the simplification programme, from 11 April 2024 the governing provisions sit in Immigration Rules: Appendix Long Residence, while criteria concerning continuity of residence now appear in Immigration Rules: Appendix Continuous Residence. The Long Residence route applies to individuals who have resided lawfully in the UK for an...
This archived hub captures the position as at the decision dated 5 November 2013 and is no longer updated. See also: timeline, commentary and related cases. Case facts Outline UK merger inquiry into the completed purchase by Ryanair of a minority stake in Aer Lingus. On 5 November 2013, the Competition Commission required Ryanair to cut its interest in Aer Lingus to 5%. Latest developments The OFT opened its probe into Ryanair’s acquisition of the minority holding in October 2010—the inquiry could not begin sooner because Ryanair’s initial attempt to buy the whole company, blocked by the European Commission in 2007, was before the European courts. Ryanair challenged the OFT’s decision to investigate at the Competition Appeal Tribunal and the Court of Appeal—each challenge failed. The OFT sent the minority stake to the CC in June 2012; Ryanair again contested the CC’s decision to examine the matter at the...
ARCHIVED: This content was published in 2021 and is not maintained. The Market Standards trend report delivers detailed examination of the 42 firm offers, 45 possible offers and 13 formal sale processes and/or strategic reviews announced by Main Market and AIM companies subject to the Takeover Code in 2020. It shares insight on public M& A patterns and what we and our contributors anticipate for 2021 and beyond. What does the Market Standards trend report cover? Topics explored include: transaction value and volume transaction structures hostile, rival and mandatory bids P2P transactions domestic and international bidder activity sector focus post-offer statements of intention ( POI statements) and COVID-19 legal and regulatory changes outlook for 2021 The report also studies high‑profile deals, such as Intact Financial and Tryg’s £7.2bn bid for RSA Insurance Group, Garda World’s £3.7bn hostile bid for G4S,...
ARCHIVED – this archived case hub reflects the position at the date of the decision of 30 January 2013; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline The European Commission investigated the proposed takeover of TNT Express by UPS under the mergers regime ( Case M.6570). The Commission prohibited the merger on 30/01/2013. Latest developments The European Commission prohibited the transaction on 30 January 2013. UPS submitted commitments, but these did not resolve the Commission’s concerns. UPS proposed divesting TNT’s operations in the 15 EU states where only three competitors are active. UPS also proposed selling TNT’s operations in Spain and Portugal. Any buyer of the divested businesses that was not an integrator would be granted access to the UPS air network for five years. However, to provide an intra‑ EU delivery service from those 17 countries, a buyer would have...
FORTHCOMING DEVELOPMENTS: This subject is among those heavily influenced by proposals in the Immigration White Paper ‘ Restoring control over the immigration system’, released on 12 May 2025. See: — Immigration White Paper 2025—anticipated changes to the English language requirement. The initial phase of these changes (increasing the required English level for first-time applications in the Skilled Worker, High Potential Individual and Scale up routes from B1 to B2 CEFR) will affect applications lodged on or after 8 January 2026. The majority of streamlined work, study and business routes include an English language criterion that applies to entry clearance and permission to remain. In certain circumstances, principal applicants must also satisfy an English language threshold at settlement, and every dependant partner and dependant child seeking settlement will be expected to do so. This Practice Note explains the alternative routes by which...
Case facts Outline CMA Article 101 TFEU/ Chapter I CA98 investigation into Casio Electronics Co. Ltd ( Casio) concerning the allegation that Casio breached UK and EU competition law by curbing retailers’ freedom to discount, online, digital pianos and digital keyboards supplied by Casio. Latest developments On 1 August 2019, the CMA issued a decision concluding that Casio infringed Article 101 TFEU/ Chapter I CA98 by preventing online discounting for its digital pianos and keyboards. The CMA imposed penalties totalling £3.7m on Casio, which included a 20% settlement discount. Parties Casio Electronics Co. Ltd ( Casio) is the UK-based subsidiary of Casio Computer Co. Ltd, which is based in Japan. Casio supplies electronic musical instruments, including digital pianos and keyboards. Market(s) Supply of digital pianos and keyboards in the UK......
CASE HUB ARCHIVED — this hub, archived, records the position as at the decision on 18 April 2012; it is no longer maintained. See: case facts, timeline and related cases. Case facts Outline of the European Commission merger investigation into Johnson & Johnson’s acquisition of Synthes ( Case M.6266). Parties Johnson & Johnson and Synthes. Companies are based in the USA and active in production of orthopaedic medical devices......
This Practice Note examines how derivative and Surinder Singh residence rights are handled under the EU Settlement Scheme (the Scheme), covering the breadth of these rights within the Scheme and the associated application steps. Consistent with the case of Ahmed, and under the Immigration and Social Security Co‑ordination ( EU Withdrawal) Act 2020 and its transitional measures, properly and validly made EEA family permit applications submitted before 31 December 2020 continued still to qualify for consideration and potential approval afterwards, provided applicants satisfied Regulation 11(5)(e) of the 2016 Regulations. New applications to the EU Settlement Scheme, however, may now only be brought by persons relying on EU rights on certain bases. Closure of the Surinder Singh and Zambrano routes A Statement of Changes issued on 17 July 2023 confirmed the closure of the Surinder Singh and Zambrano routes to fresh...
This archived case hub records the status at the point the transaction was abandoned on 15 December 2015; it is no longer maintained. See timeline and related cases. Case facts Overview of the European Commission’s merger investigation into Mondi Group’s proposed purchase of two of Walki’s packaging plants ( Case M.7566). The deal entailed a horizontal overlap in the market for extrusion coating products. Latest developments On 15 December 2015, Mondi and Walki announced that they would withdraw their application to the Commission and bring the acquisition agreement to an end. Following discussions with the Commission on options to resolve competition concerns, both parties explained that no viable remedy acceptable to all sides could be identified. The Commission received formal notice of the withdrawal on 15 December 2015, and the subsequent notice was published in the OJEU on 22 December...
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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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