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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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FORTHCOMING CHANGE : The Renters’ Rights Act 2025 gained Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note sets out the range of obligations on private sector landlords in England designed to enhance safety standards within private tenancies. It addresses the requirements of: Gas Safety ( Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety ( Installation and Use) ( Amendment) Regulations 2018, SI 2018/139) ( GSR 1998) Smoke and Carbon Monoxide Alarm ( England) Regulations 2015, SI 2015/1693 (as amended by the Smoke and Carbon Monoxide Alarm ( Amendment) Regulations 2022, SI 2022/707) ( SCM 2015) Electrical Safety Standards in the Private Rented Sector ( England) Regulations 2020, SI 2020/312 ( ESS 2020) For wider material on fire safety,...
Charity regulators in the UK The Charities Act 2011 ( CA 2011) became law on 14 March 2012 and determines the registration and oversight of all charities in England and Wales. It supersedes most provisions of the Recreational Charities Act 1958, and the earlier Charities Acts of 1992, 1993, and 2006. By consolidating four Acts into a single statute, CA 2011 aims to simplify the legal landscape. Together with subordinate regulations and the accounting Statement of Recommended Practice ( SORP), CA 2011 establishes the regulatory framework for charities in England and Wales. Guidance and policies produced, for example, by the Charity Commission for England and Wales (the Commission), HM Revenue & Customs ( HMRC), and Companies House are also influential across practice. In Scotland, the Charities and Trustee Investment ( Scotland) Act 2005 sets the parameters within which Scottish charities operate, including...
Where an agreement for lease is silent on insurance, the open contract position applies: neither party has a duty to arrange cover for the premises; and the risk transfers to the tenant on exchange of the agreement for lease. In short, absent an express clause, there is no automatic cover and the tenant carries the peril once the agreement is exchanged. If the agreement adopts the Standard Commercial Property Conditions ( Second or Third Editions) or the Standard Conditions of Sale (5th Edition), the default (absent express variation) is identical: the seller/landlord need not insure the property, so the buyer/tenant bears the risk from exchange. That default applies unless the parties agree a different arrangement. Consequences of either of those scenarios For an unconditional agreement for lease, the effect is that the tenant must complete the lease even if the property is destroyed after...
Key steps and timetables The restructuring plan ( RP) broadly follows the framework applied to schemes. In matters where Cross Class Cram- Down ( CCCD) or valuation points are likely to be challenged, or where valuation specialists may need to be cross-examined, it is sensible to inform the court at the convening hearing and to build sufficient time into the court timetable so these issues can be properly considered by the affected parties and the court. Although the court accepts that a distressed company cannot, and does not need to, negotiate bilaterally with every creditor impacted, there should be genuine efforts to engage at least with those with the greatest exposure. For reference, see Poundland (sanction) and News Analysis: Cross-class cramdown successfully used against nine dissenting classes ( Re Poundland Ltd)......
Waldorf Production UK Plc (the Company) seeks approval for a second Part 26A restructuring plan ( RP) at a convening hearing set for February 2026. Key points are outlined below (capitalised terms not defined here have the meanings given in the convening judgment). This renewed proposal follows the court’s refusal to sanction the first plan on fairness grounds and the potential leapfrog appeal to the Supreme Court, which the Company opted not to pursue in light of this second RP (see Waldorf Production UK Plc (sanction) and Practice Note: Part 26A restructuring plan deal debrief— Waldorf Production UK Plc). The second plan enables a sale to Harbour Energy PLC ( Harbour). This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of core metrics from RPs filed in 2024 and commentary from leading figures in...
Rationale for the UNCITRAL guidance Following the 2008 credit crunch and the rise in cross‑border insolvency cases, the United Nations Commission on International Trade Law ( UNCITRAL) issued guidance addressing directors’ duties for standalone companies in the period before insolvency, set out as Part Four of its Legislative Guide (the Legislative Guide, Part Four). It addresses expected conduct in the run‑up to insolvency for company directors. The initiative was tabled by the UK, INSOL International and the International Insolvency Institute ( III). UNCITRAL’s mandate is to advance the unification of international trade law and to promote harmonisation, and also Part Four of the Legislative Guide was crafted to progress that objective. Notably, stronger alignment of domestic approaches enhances certainty and predictability for creditors, across national systems. The Legislative Guide, Part Four received formal approval from UNCITRAL on 18 July 2013 (see Report of...
This Practice Note This Practice Note explains the statutory duty in section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) and in Schedule 5, Part 5 of the Civil Partnership Act 2004 ( CPA 2004), requiring the court, on an application for a financial order, to evaluate the parties’ income and earning potential. It also outlines how to assess income figures, the position of primary carers, choices about employment, income in the past and future, those who are out of work, and earning capacity. Under MCA 1973, s 25(2)(a), the court is obliged to consider each party’s income, earning capacity, property and other financial resources available now or likely to arise in the foreseeable future, including, in relation to earning capacity, any enhancement it would, in the court’s view, be reasonable to expect a party to take steps to obtain. A...
This Practice Note outlines solicitors’ duties concerning disclosure owed to their client and the court. It also sets out the need to preserve documents, deliver the required disclosure and work with the opposing party, particularly on electronic disclosure (e‑disclosure). This Practice Note does not address the disclosure scheme used in the Business and Property Courts. For guidance, see: Disclosure Scheme ( Business & Property Courts)-overview. Obligations Throughout the disclosure stage you owe duties to your client, to the court and under other applicable provisions. These include, without limitation: advising your client of the need to preserve documents-see further: Preservation of documents ensuring your client complies with all relevant and applicable provisions and gives compliant disclosure-see further: Full disclosure co‑operating with the other side, specifically in relation to e‑disclosure and/or where the claim proceeds on the multi‑track and does not involve personal injury-see further:...
This Practice Note This Practice Note explores why an employer may issue an employee handbook or employee manual (also known as a staff handbook, staff manual or company policy manual). It sets out typical contents and how to present terms that must be reasonably accessible, covering disciplinary and grievance frameworks, holiday pay, sickness absence and pay, contractual and non-contractual policies, workplace rules and procedures, intranet publication, gender neutrality, the contractual status of policies, whether terms can be incorporated, permanent health ( PHI) and other insurance, and how to make changes or amendments. It also references the Lexis®Smart Precedent employee handbook and other relevant documents. Certain aspects of the employment and worker relationship must appear in a written statement of particulars of employment given to the employee or worker (see Practice Note: Written statements of employment particulars). Those particulars are often placed within the...
2025: Key Restructuring & Insolvency cases [ Archived] ARCHIVED: This Practice Note is archived and no longer maintained. Re Argo Blockchain PLC [2025] EWHC 3395 ( Ch) Judgment date: 23 December 2025 Subject: Part 26A restructuring plans—sanction, meeting, definition, retail advocate Further reading: A meeting of one? Class meetings and restructuring plans ( Argo Blockchain Plc, Re) Nexedge Markets Ltd v Trex Global Ltd [2025] EWHC 3425 ( Comm) Judgment date: 19 December 2025 Subject: International restructuring and insolvency— Gibbs rule, no submission to the jurisdiction Taqa Bratani Ltd v Fujairah Oil and Gas UK LLC (formerly known as Rockrose UKCS8 LLC) [2025] EWCA Civ 1669 ...
Duties of an office-holder to realise property Insolvency processes (such as administration, liquidation or bankruptcy) involve appointing an insolvency office-holder whose principal duty (for a liquidator or trustee in bankruptcy) is to collect in the insolvent company’s or bankrupt individual’s assets and realise them for the ultimate benefit of creditors. Their central function is to maximise returns to creditors by turning property into cash or value as efficiently as practicable, consistent with their statutory remit. An administrator has authority to do this whilst pursuing one of the three statutory purposes of administration (see Practice Notes: Role, powers, functions and duties of an administrator, Role, powers, functions and duties of a liquidator and Role, powers, functions and duties of a trustee in bankruptcy). In this context, insurance claims—being choses in action—are property capable of realisation for the estate. This Practice Note considers the...
This Practice Note This Practice Note sets out selected hearing dates that are proposed or publicly listed in the High Court, Insolvency and Companies Court ( Chancery Division) daily cause list from 1 January 2026 onwards, shown with the most recent first, for: Part 26 schemes of arrangement, including creditor/member schemes (see: Schemes of arrangement—overview) Part 26A restructuring plans ( RPs) (see Practice Note: Part 26A restructuring plans) From 1 January 2026, the revised Practice Statement takes effect (see Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)). For details of hearings......
Rationale In some cross-border restructuring or insolvency situations, a protocol agreed by the relevant parties in each distinct jurisdiction can help co-ordinate the wider process more effectively, cut costs and thus meaningfully raise overall returns for creditors as a group, wherever they are based across jurisdictions. Protocols are typically set out in writing (though may on occasion be oral), addressing existing and/or potential areas of dispute, and are also referred to as: cross-border insolvency agreement (see the UNCITRAL Practice Guide) compromise agreement memorandum of understanding There is no fixed template for protocols and a key advantage is their ability to be tailored to the facts of each matter. UNCITRAL has issued a practical Practice Guide (2010) for practitioners and judges on co-operation and communication in cross-border insolvency cases, which includes example clauses for protocols. It is not intended to be...
Fossil ( UK) Global Services Ltd Fossil ( UK) Global Services Ltd sought a Part 26A restructuring plan ( RP), with the convening hearing in October 2025 and the sanction hearing following in November 2025. Key points are set out below; unless stated, capitalised terms have the meanings in the sanction judgment. Refer to Re Fossil ( UK) Global Services Ltd [2025] EWHC 2741 ( Ch) (convening) (not reported by Lexis Nexis®). This Deal Debrief sits within our Restructuring plans toolkit. For an in‑depth look at data from 2024 RPs and insights from leading figures in restructuring, see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024......
This Practice Note reviews Group Litigation Orders ( GLOs) in the context of financial services disputes. It contrasts GLOs with: other mechanisms for multi-party litigation: consolidation of actions ( CPR 3.1(2)(g)) representative actions ( CPR 19.8) ‘omnibus claims’ ( CPR 7.3) test cases following complaints to the Financial Ombudsman Service ( FOS) ( DISP 3.4.2 R) the Financial Markets Test Case Procedure ( CPR 63A) collective proceedings for competition law breaches collective redress obtainable through regulatory action by the Financial Conduct Authority ( FCA) or Prudential Regulation Authority ( PRA): consumer redress...
Practice Note This Practice Note sets out who may seek remediation orders and remediation contribution orders, explains the subject matter of such orders, identifies potential respondents, and outlines the steps to apply. The Building Safety Act 2022 ( BSA 2022) introduces provisions designed to shield certain leaseholders of ‘relevant buildings’ from bearing the expense of remedying specific historic building safety defects, while creating routes to recover those sums from persons who are landlords under leases of the building (or any part of it), pursuant to sections 116–124 and Schedule 8. As a consequence, in defined circumstances, landlords will be prevented from passing on, through the service charge, some or all of the costs they incur in addressing fire safety related defects to leaseholders via the service charge mechanism......
The aim of this Practice Note is to set out an overview of the legislation that underpins building societies. It also briefly addresses the legal framework supporting other mutual bodies, such as friendly societies. Overview of the Building Societies Act 1986 The Building Societies Act 1986 ( BSA 1986) introduced, at that time, an entirely fresh statutory framework for building societies, the first wholesale re-cast since the original comprehensive building society legislation of 1874. Since then, BSA 1986 has been amended repeatedly, and was substantially overhauled by the Building Societies Act 1997 ( BSA 1997), the Financial Services and Markets Act 2000 ( FSMA 2000), and the Financial Services Act 2012 ( FSA 2012) (which also amended FSMA 2000). The Financial Services ( Banking Reform) Act 2013 made further changes to BSA 1986, and assorted minor enactments have also produced additional amendments to BSA 1986....
SM& CR—applications to perform SMFs, notifications, and withdrawal of approval Note: On 15 July 2025, the government unveiled the Leeds Reforms, setting out plans to simplify the SM& CR. At the same time, the PRA and FCA issued consultation papers CP18/25 and CP25/21. See News Analysis: Reform of the SM& CR— Proposals and next steps. The regulators propose a two‑stage reform, with Phase Two to follow subject to HM Treasury consultation and legislative changes. Final Phase One requirements are expected by mid‑2026. Any Phase Two consultations will depend on HMT legislation. The Senior Managers and Certification Regime ( SM& CR) and the Approved Persons Regime ( APR) constitute the UK regulators’ framework for supervising individuals in financial services, providing for individual approval by the Financial Conduct Authority ( FCA) and, where required, the Prudential Regulation Authority ( PRA). In 2016, the...
The table sets out concluded Competition and Markets Authority ( CMA) phase 1 merger investigations, together with concluded Office of Fair Trading ( OFT) merger investigations, from June 2013 onwards. For updates on live investigations, see UK mergers—ongoing cases tracker. For finalised phase 2 inquiries, consult UK phase 2 mergers—closed cases tracker. For information on appeals, refer to UK competition appeals—ongoing cases tracker......
The grid below outlines notification thresholds in line with local legislation across all merger control regimes worldwide, together with additional key jurisdictional details to assess whether merger control filings are necessary, in addition to headline procedural points on timing, whether notifications are compulsory, and whether completion should be suspended or held in abeyance pending clearance for ease of reference. We have sought to balance ease of use and accuracy with fidelity to the original source material, using standardised phrases to condense legal threshold tests whilst preserving essential terms; a key appears below explaining the common phrases adopted to summarise threshold tests (e.g. the meaning of ‘combined turnover’ and that this requirement could be fulfilled by a single party) – see Key and useful information below. We also recommend consulting the merger guides and the underlying law for the precise wording and for further details on the...
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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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