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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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ARCHIVED – this archived case hub records the position at the date of the judgment of 25 March 2015; it is no longer maintained. See further: timeline, commentary and related/relevant cases Case facts Outline Appeal to the General Court seeking annulment of the Commission decision of 7 October 2008, which found that Slovakia’s amendments to its postal legislation — extending the historical operator Slovenská Pošta’s exclusive rights to the provision of hybrid mail services — were contrary to Article 86(1) EC (now Article 106(1) TFEU) read in conjunction with Article 82 EC (now Article 102 TFEU). On 25 March 2015, the General Court dismissed the action in full. The case concerns, amongst other issues, the appropriate approach to applying Article 106(1) TFEU together with Article 102 TFEU. Parties Applicant: Slovenská Pošta a.s. ( Slovenská Pošta) Defendant: European...
This Practice Note sets out the duties, accountabilities and eligibility criteria for the Authorising Officer, Key Contact, Level 1 users and Level 2 users (key personnel) of a sponsor under the Workers and Temporary Workers routes. It also addresses points concerning legal representatives. The Worker routes are: Skilled Worker Global Business Mobility ( GBM)— Senior or Specialist Worker T2 Minister of Religion International Sportsperson The Temporary Worker routes are: Charity Worker Creative Worker GBM— Graduate Trainee, Service Supplier, Secondment Worker and UK Expansion Worker Scale-up Government Authorised Exchange International Agreement Religious Worker Seasonal Worker Certain sponsorship elements outlined in this Practice Note vary for the UK Expansion Worker route. These are briefly flagged below. For comprehensive detail, see Practice Note: Sponsoring a UK Expansion Worker—the GBM: UK Expansion Worker sponsor licence...
Archived — this case hub, preserved for the record, sets out the position as at the decision of 12 January 2020; it is no longer updated. See the timeline for more. Case facts Outline of the UK merger probe into TVS Europe Distribution Limited’s completed purchase of 3G Truck & Trailer Parts Limited. The businesses both supply, at wholesale, commercial vehicle and trailer components to motor factors (local distributors) within the Independent Aftermarket. Latest developments On 12 January 2021, following its phase 2 review, the CMA published its final report, concluding that the deal has led, or could lead, to an SLC due to horizontal unilateral effects in the UK supply of commercial vehicle and trailer parts to motor factors (local distributors) in the Independent Aftermarket. In light of these findings, the CMA determined that TVS Europe Distribution Limited must divest 3G Truck & Trailer Parts Limited to a...
ARCHIVED: this Practice Note is archived, not updated, and provided solely for background reference. In addition, certain links may no longer lead to the provisions as they stood when the guidance in this Practice Note was issued. It should not be treated as current advice or actively maintained content, for background only. This note reviews developments during 2016 in the following areas: Costs precedents—new and updates Fixed costs reform Costs funding— ATE insurance and CFA success fees Costs assessment—bill of costs Solicitor and client costs Costs precedents—new and updates New costs precedent— Precedent R Precedent R is a report for budget discussions. It applies to proceedings in which the claim was issued on or after 6 April 2016 and where costs budgets are required. It was brought in to encourage parties to attempt agreement on the opponent’s costs budget. If...
Parties: 165 (as of October 2025) Revisions: 2005 Amendment (entered into force 8 May 2016) Location: Vienna, Austria Adopted: 26 October 1979 Came into force: 8 February 1987 Subject: Nuclear safety and transport What is the purpose of the CPPNM? The CPPNM seeks to safeguard the storage and movement of nuclear material. It sets out measures to prevent, detect, and penalise offences involving such material. It is the sole internationally binding commitment on the physical protection of nuclear material intended for peaceful use. What nuclear material is covered under the CPPNM? The CPPNM applies to nuclear material: used for peaceful purposes while in international nuclear transport; and to a limited extent (excluding arts 3 and 4) to domestic use, storage, and carriage of nuclear material for peaceful purposes The term ‘nuclear material’ is set out in full in Article 1(a) of the...
This archived case hub sets out the position as at the decision date of 29 July 2016 and is no longer updated. For more detail, see the timeline, commentary and related cases. Case facts Outline UK merger inquiry into the proposed acquisition by Celesio AG of Sainsbury’s Supermarkets Limited UK Pharmacy Business. The deal features horizontal overlaps in the retail pharmacy sector. Latest developments On 26 July 2016, the CMA issued its final report, clearing the merger subject to remedies. It found the transaction would be expected to cause an SLC in 12 local retail pharmacy markets where the parties are particularly close rivals, namely: Beaconsfield Bracknell Cardiff Christchurch Kempston Kidlington Leeds Liverpool Luton Reading ( Calcot)/ Theale Sandy/ Potton/ Biggleswade Warlingham As remedies, Celesio must divest one Lloyds pharmacy in each area of concern to a...
ARCHIVED: This Practice Note has been archived and is no longer updated. It distils the principal legal developments relevant to personal injury and clinical negligence practitioners as at 2 December 2021. For the latest horizon scanner, consult PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep pace with the rapid adjustments to court processes and procedures prompted by the pandemic, and for sector guidance on running cases during this period-including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. Pre-action CJC publishes interim report and launches consultation on pre-action protocols The Civil Justice Council ( CJC) issued its interim report on pre-action protocols ( PAPs) on 15 November 2021. See: LNB News 16/11/2021 7. PI Subcommittee consider PI PAPs in interim report The CJC has released its Interim Report on PAPs and commenced a...
STOP PRESS: This Practice Note is in the process of being revised to reflect Sponsor Guidance amendments effective 6 March 2026, and the Statement of Changes to the Immigration Rules, HC 1691. Refer to News Analysis: Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026, LNB News 05/03/2026 54, and News Analysis: HC 1691—additional analysis. Be aware that HC 1691 introduces a ‘temporary visa brake’ on applicants from Afghanistan for applications made on or after 26 March 2026, while other measures such as pay period compliance take effect for Certificates of Sponsorship issued on or after 8 April 2026. Through the Skilled Worker route, UK employers holding a valid sponsor licence can hire or retain skilled workers who are neither British nor Irish for a defined role. By a considerable distance, it is the leading pathway for...
ARCHIVED: This material was published in 2023 and is not maintained. The Market Standards trend report delivers detailed assessment of 25 firm offers, 16 possible offers, and seven formal sale processes and/or strategic reviews announced for Main Market and AIM companies governed by the Takeover Code ( Code) in H1 2023. It features market perspective from leading experts at Addleshaw Goddard, Ashurst, Clifford Chance, Gibson Dunn, Hogan Lovells, Linklaters and White & Case. It also provides insight into public M& A patterns and what we and our contributors anticipate in H2 2023 and beyond. Takeover activity Public M& A volumes stayed muted in 2023, with 25 firm offers announced in H1 2023 ( H1 2022: 27; H2 2022: 19). High value activity was thinner, with total consideration of £12.2bn and an average deal size of £489m in H1 2023. By comparison, aggregate values were £19.1bn and...
Banking & Finance Brexit Q& As Within Brexit, what exactly does the term ‘transition or implementation period’ specifically refer to? Could Brexit trigger a MAC clause contained within my facility agreement?......
ARCHIVED —this preserved and historical case hub captures the state as at the decision of 21 January 2016; it is no longer being maintained. Case facts Outline Appeal lodged by GALP against the General Court’s judgment which, while marginally lowering the individual penalty, upheld on the merits the Commission decision of 3 October 2007 finding a breach of Article 101 TFEU and levying an individual fine of €8.66m on GALP (cut to €8.28m following the General Court’s ruling) for its supposed role in a price-fixing and market/customer sharing cartel in the Spanish bitumen sector between 1991 and 2002 (‘ Spanish bitumen cartel’). On 21 January 2016, the Court of Justice allowed GALP’s appeal and annulled the General Court judgment to the extent that the General Court had set a revised penalty, owing to errors in concluding that GALP was ‘aware’ of (and thus...
The Private Life Route The Private Life Route was first brought in under Part 7 of the Immigration Rules on 9 July 2012, and reflects how the government construes the protection that Article 8 of the European Convention on Human Rights ( Article 8 ECHR) ought to afford to individuals making private life claims under the Rules. Before 9 July 2012, individuals were able to seek settlement on having spent 14 continuous years in the UK, regardless of lawful status (the '14 years rule'). Since 20 June 2022, the route has been presented in a simplified form within the Immigration Rules, in Appendix Private Life of those Rules......
ARCHIVED: This material was published in 2024 and is not being maintained. What does the Market Standards Trend Report cover? The Market Standards Trend Report offers a detailed examination of 29 firm offers, 32 possible offers and eight announcements of formal sale processes and/or strategic reviews, issued by Main Market and AIM companies subject to the Takeover Code (the Code) in H1 2024. It provides perspective on public M& A developments and what we, together with specialists from Addleshaw Goddard, Ashurst, Bird & Bird, Gibson Dunn, Hogan Lovells, Linklaters, Macfarlanes, Paul Weiss and White & Case, anticipate for H2 2024 and beyond. outlook for H2 2024 deal values and volumes deal structures unrecommended and rival offers public‑to‑private ( P2P) transactions bidder jurisdiction sector form of consideration and bid financing irrevocable undertakings possible offers, formal sale...
CASE HUB ARCHIVED – this page captures the status as at the 14 March 2019 decision and is not being updated. For more, see the timeline, commentary and related cases. Case facts Outline CMA Article 102 TFEU/ Chapter II probe concerning Merck Sharp & Dohme Limited, regarding suspected abuse of dominance via an anti-competitive discount programme for Remicade (a type of biological medicine known as infliximab). Latest developments On 14/03/2019, the CMA ended the case and delivered a ‘no grounds for action’ decision. This followed the case decision group’s view that MSD’s scheme was not likely to restrict competition from rivals. Parties Merck Sharp & Dohme Limited ( MSD) is a pharmaceutical company, ultimately owned by Merck & Co., Inc., a US-based global pharmaceutical group, and one of the largest pharmaceutical companies...
Forthcoming development: The Home Office has released a policy paper and consultation on its ‘ Earned Settlement’ plans, set to overhaul who can qualify for settlement across all routes, including lengthening residence periods for many applicants. First trailed in the Immigration White Paper in May 2025, a 12-week consultation opened on 28 November 2025. See: Government announces consultation for earned settlement reforms. This Practice Note outlines the principal shared criteria for settlement applications within the work, business and investment (collectively, ‘economic’) routes under the Immigration Rules. All routes that have been ‘simplified’ for the post- Brexit system now describe indefinite leave to remain ( ILR) simply as settlement. Note that some economic routes do not confer settlement, notably Senior or Specialist Worker, Graduate and High Potential Individual routes, as well as the Temporary Worker routes. In summary, the general requirements are: absences and...
ARCHIVED: This content was published in 2020 and is not maintained. The Market Standards trend report presents detailed examination of the 66 firm offers and 45 possible offers made for quoted companies governed by the Takeover Code during 2019. It also shares insight into public M& A patterns and what we might expect in 2020 and thereafter. What does the Market Standards trend report cover? transaction value and volume private equity participation hostile takeovers and rival bids sector focus UK and overseas bidder activity shareholder activism post-offer undertakings and national security undertakings legal and regulatory developments The report assesses headline transactions, including the Takeaway.com/ Prosus competing bids for Just Eat, Advent International’s £4bn offer for Cobham, the £2.6bn consortium bid for Inmarsat, and Non- Standard Finance’s £1.3bn hostile approach for Provident...
Practice Note This Practice Note outlines eligibility tables, drawn from the Immigration Rules, for settlement applications—covering indefinite leave to enter and indefinite leave to remain—by a child of a person (or, in limited instances, a relative of a person) who holds settled status in the UK. It also captures scenarios where the child currently has limited leave as the child of a parent who themselves has limited leave as the partner of a settled person (under Part 8 or Appendix FM), and where both child and parent seek ILR concurrently. Immigration Rules Part 8, paras 297–300, apply when both parents are settled; when one parent is settled and the other is deceased; and, in specified cases, when one parent is settled and the other is not—for example, where the settled parent has sole responsibility for the child, or the non-settled parent applies for...
Case facts Outline An appeal brought by Dye & Durham Limited and Dye & Durham ( UK) Limited against the CMA’s decision of 29 March 2023 regarding the required divestment of TMG Group ( UK) Limited, following the CMA’s phase 2 inquiry into the completed acquisition of TMG Group ( UK) Limited by Dye & Durham ( UK) Limited Latest development On 21 May 2021, the CAT delivered its judgment, unanimously dismissing the appeal. It concluded there was no error in: (i) determining that the proposal advanced by Dye & Durham ( UK) Limited would necessitate a variation of the final divestment undertaking; (ii) declining to amend the final undertakings to incorporate Dye & Durham ( UK) Limited’s proposal; and (iii) deciding that the purchaser approval criteria—independence, competence and capacity—would not be met by Dye & Durham ( UK) Limited’s...
This Practice Note outlines the criteria for indefinite leave to remain (settlement) applications made under Part 8 of the Immigration Rules by a spouse, civil partner, unmarried or same-sex partner of a British citizen or someone who is settled (which covers former refugees and individuals granted humanitarian protection). A table below offers a swift reference and overview of the criteria; it summarises the key requirements in brief; for fuller detail, see the Practice Notes on Adequate maintenance, Adequate accommodation, and Partners: the relationship requirements. Comprehensive Home Office material on Part 8 applications appears in the Immigration Directorate Instructions ( IDIs). Note that the rules on ‘genuine and subsisting relationships’ in the relevant Appendix FM guidance apply in their entirety to Part 8 applications. For the application process, refer to Practice Note: Partners applying for leave to remain: application procedure for details on the...
CASE HUB NOTE—appeal filed before the General Court in Case T-156/22. ARCHIVED—this hub records the position as at the decision date of 13/01/2022 and is not being updated. See also timeline and commentary. Case facts Outline of the European Commission’s merger review into Hyundai Heavy Industries Holding’s planned purchase of Daewoo Shipbuilding & Marine Engineering Co Ltd ( Case M.9343). The deal featured horizontal overlaps across multiple global markets for cargo shipbuilding. Latest developments On 13 January 2022, the Commission blocked the deal. It found that combining HHI and DMSE would grant the merged entity a dominant position and lessen competition in the worldwide market for constructing large liquefied gas carriers. The parties did not submit formal remedies to address the Commission’s concerns, indicating that the merger would have resulted in fewer suppliers and increased prices for large vessels transporting liquefied...
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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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