Featured documents
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:
Most recent Practice notes
This Practice Note reviews the present position on adjudication for debt in Scottish civil proceedings under the Bankruptcy and Diligence etc ( Scotland) Act 2007 ( BD( S) A 2007). For commentary on likely changes, see Adjudication for debt—anticipated future developments, below. For guidance on: other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on a number of forms of diligence available in Scotland the equivalent in England and Wales, see Introduction to enforcement—overview which, as well as outlining the topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, alongside an overview, links to more detailed guidance on aspects of cross-border...
From 1 October 2020, the process for pursuing a contempt application changed significantly. CPR 81 was extensively revised and Practice Direction 81 was revoked in full. This Practice Note concentrates on decisions handed down after that date. Ensuring your client appreciates the need to comply with court rules (including when signing a statement of truth) and to obey court orders—and the severe consequences if they do not—is underscored by the many cases in which contempt proceedings under CPR 81 (also called ‘committal proceedings’) have been brought against parties, whether individuals or companies, for non-compliance. The table below highlights committal cases addressing: procedural irregularities in the application process evidential standards jurisdiction and service issues sentencing issues Case details and analysis Nature of contempt alleged Summary of decision and details of any sentencing imposed Hails v Lawton (in his capacity as the Executor of the Estate of...
This Practice Note explores how judges assess the credibility and genuine recollection of factual witnesses giving evidence at trial. The entirety of evidence To fulfil the court’s fact‑finding role, the various factors must be weighed together as a single, holistic exercise ( Tomlinson LJ in Synclair v East Lancashire Hospitals NHS Trust, drawing on Lord Pearce in the House of Lords case, Onasiss & Calogeropoulos v Vergottis [1968] 2 Lloyd’s Rep 403 (not reported by Lexis Nexis®)). In UK Insurance Ltd v Gentry, the court observed that, in claims alleging a staged road collision, one should step back and evaluate the evidence in the round. The judge also stressed the importance of contemporaneous documents. Illustrations of the court considering the totality of the material include: Yavuz v Tesco Stores Ltd — where tempers were high and witnesses had adopted entrenched positions in their written...
This Practice Note outlines how the common law doctrine of frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes: Frustration event analysis—a practical guide Frustration—key and illustrative decisions For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus ( COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below....
This Practice Note offers guidance on the interpretation and application of the relevant CPR provisions. Depending on the court in which your case progresses, you should also be alert to any additional provisions—see: Court specific guidance. CPR PD 57AB covers both the shorter and flexible trials schemes and took effect on 1 October 2018, following a successful pilot run under CPR PD 51N in the Rolls Building only. It applies to claims issued on or after 1 October 2015 within the Business and Property Courts. This Practice Note addresses only the shorter trials scheme ( STS). For guidance on the flexible trials scheme, see Practice Note: Business and Property Courts—flexible trials scheme. For general guidance on the Business and Property Courts, see Practice Note: Business and Property Courts. Purpose of the shorter trials scheme The STS is designed to secure resolution of...
Many sporting and leisure pursuits involve an inherent possibility of harm to those taking part. Taking part in an extreme pastime can be tempting and exhilarating, yet even everyday and seemingly safer activities and sports such as cycling, swimming, and football still present some chance of injury to participants. Determining liability will involve assessing several elements, including negligence, assumption of risk, and the intrinsic dangers linked to the sport or leisure activity in question. Where adults, fully cognisant of the hazards, are injured while undertaking the hazardous activity, the issue arises as to whether the organiser of the event owes a duty of care to the person who is hurt. Basic principles The fundamental rules for advancing a personal injury claim apply equally to accidents arising from sport and leisure activities: the defendant must owe the claimant a duty of care the defendant must have breached that duty,...
This Practice Note summarises the principal legal updates relevant to personal injury and clinical negligence practitioners as at 2 March 2026, aimed at assisting current practice. For earlier developments, see PI and Clinical Negligence horizon scanning and key cases—overview. Key PI & clinical negligence developments Eighteenth edition of the Judicial College Guidelines due The 18th edition of the Judicial College Guidelines ( JCG) will be released on 9 April 2026. The Lexis+® UK PI & Clinical Negligence team will refresh the JCG link within our Key Resources on the Lexis+® UK PI & Clinical Negligence homepage, together with all connected materials. Law Society publishes practice note on conduct of litigation following Mazur v Charles Russell Speechlys Following the High Court’s decision in Mazur v Charles Russell Speechlys [2025] EWHC 2341 ( KB), the Law Society has issued guidance for solicitors, law firms and legal businesses to ensure that only...
On 1 April 2014, the Financial Conduct Authority ( FCA) took over responsibility for consumer credit regulation from the Office of Fair Trading ( OFT), which then closed. From that point, the FCA became the conduct supervisor for all regulated businesses in the consumer credit space, including (among others) consumer lenders, credit card providers, debt management firms and intermediaries. This Practice Note outlines the key components of the FCA’s regulatory framework for the consumer credit sector and directs readers to further detailed Practice Notes and principal legislative materials. Scope, perimeter and exemptions What is ‘consumer credit’ and when is it regulated? To fall within the UK consumer credit regime, a lender must be party to a ‘regulated credit agreement’. A ‘regulated credit agreement’ is determined by reference to a ‘credit agreement’. A ‘credit agreement’ is an arrangement between an individual or relevant recipient of credit ( A) and any...
CASE HUB ARCHIVED – this hub reflects the position as at the judgment of 12 December 2014 and is no longer maintained. See further: timeline, commentary and related/relevant cases Case facts Outline Applications were brought before the General Court seeking annulment, partial annulment and/or reductions in the individual fines arising from the Commission decision of 1 October 2008, which found infringements of Article 101 TFEU and Article 53 of the EEA Agreement... The decision levied combined fines of €676m on nine company groups for alleged participation in a price‑fixing and market/customer allocation cartel relating to the supply of paraffin waxes in the European Economic Area ( EEA) and slack wax in Germany between 1992 and 2005 (the ‘ Candle waxes’ cartel)... On 12 December 2014, the General Court reduced the penalty imposed on Eni, while dismissing all other actions in their...
This Practice Note presents a jurisdiction-specific Q& A on banking regulation in Greece, released as part of the Lexology Getting the Deal Through series by Law Business Research (law stated at: 7 February 2023). Authors: Zepos & Yannopoulos— Elena Papachristou; Vivian Efthymiou 1. What are the principal governmental and regulatory policies that govern the banking sector? EU banking rules and principles have been transposed into Greece’s core banking framework, intended to: protect the stability of the financial system and, to that purpose, lay down rules on: authorisation; conduct of business; withdrawal of authorisation of banks; micro- and macroprudential supervision of banks; recovery and resolution of banks; and state aid of banks for...
This starter guide offers an introductory primer on insurance and reinsurance. It is intended for junior lawyers and individuals who are new to insurance and reinsurance as a practice area. The guide highlights key issues and points to additional resources and materials that provide more comprehensive information on the topics covered. What is insurance law? Insurance law can be divided into three strands: insurance contract law, which governs the contractual relationship between insureds and insurers the law of intermediaries, which regulates insurance business conducted through agents (this is true for most insurance business) insurance regulation and company law, which is concerned with the financial soundness, probity and regulation of insurance companies For further detail, see Practice Note: General principles of insurance contract law. Insurance policies are, at heart, contracts and the usual principles of contractual construction apply. For more guidance on the nature of...
What is HMRC? HM Revenue and Customs ( HMRC) manages the administration and collection of UK taxes. Its scope includes: Direct taxes: income tax and corporation tax Capital taxes: capital gains tax and inheritance tax Indirect taxes: value added tax Excise duties Stamp duty land tax HMRC is also a law enforcement authority investigating serious organised fiscal crime, taking on work formerly carried out by HM Customs and Excise (excluding drug trafficking), such as tobacco and alcohol smuggling. Main reasons for an HMRC raid There is an online facility and a hotline for reporting suspected tax fraud; submissions are reviewed by HMRC. Where it considers there is a basis to proceed, HMRC may make arrests and search premises. It also engages in insolvency processes and, as a creditor, if it identifies potential tax frauds it will investigate and may raid business...
This Practice Note offers a Canada-specific Q& A on class actions, published within the Lexology Getting the Deal Through series by Law Business Research (law stated at: 23 September 2020). Authors: Lavery Lawyers— Myriam Brixi. 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Canada is a federal state. Responsibility for private law and civil remedies primarily rests with each province and territory, each maintaining its own court structure. The superior courts in these jurisdictions possess inherent, and in most instances statutory, authority to hear collective or class proceedings on any topic, save where legislation assigns matters to another forum (for example, small claims courts, which deal with civil disputes below a prescribed monetary threshold). Consequently, almost all civil actions, including class proceedings, can be initiated in...
Introduction to claims co-operation and control clauses All liability insurance is written on an indemnity footing, under which the insurer undertakes to hold the policyholder harmless for liability owed to a third party. It was once the case that the insured could recover only after making payment; however, in Post Office v Norwich Union Fire Insurance Society Ltd the court confirmed that the right to an indemnity arises once the insured’s liability is fixed by agreement or judgment. Liability wordings commonly also promise to reimburse all costs incurred in defending third party claims, sometimes subject to a consent requirement that must not be unreasonably withheld. Where a claim sits within the policy limit—save for any excess or deductible—the insurer bears the entire financial exposure for the claim itself. Insurers may likewise be the only party with the requisite expertise and resources to handle the matter. A...
This Practice Note sets out the ( CRAs) under Assimilated Regulation ( EC) 1060/2009 (the UK CRA Regulation). Key definitions Credit ratings A credit rating is an opinion on creditworthiness, formed using an established and defined ranking system of rating categories, regarding: an entity, a debt or other financial obligation, a debt security, a preference share, or another financial instrument; or an issuer of any such obligation, security, preference share, or instrument. These are not credit ratings: recommendations—research or other material that explicitly or implicitly suggests an investment strategy about one or several financial instruments or their issuers, including any view on the present or future value or price of such instruments, intended for distribution channels or the public; investment research and other general recommendations, such as ‘buy’, ‘sell’ or ‘hold’, on transactions in financial instruments or on financial obligations; or opinions on the value of a financial instrument or a...
CASE HUB ARCHIVED – this stored case hub captures the situation as at the decision dated 25 July 2013; it is not being updated. For details, consult the timeline, commentary, and connected cases. Case facts Outline European Commission Article 101 TFEU inquiry into anti-competitive arrangements in the e-books market (case number COMP/39.847). Latest developments Undertakings proposed by Simon & Schuster, Harper Collins, Hachette, Holtzbrinck and Apple were approved by the European Commission on 13 December 2012, and undertakings submitted by Penguin were accepted by the Commission on 25 July 2013.......
NOTE On 15 July 2025, the government unveiled the Leeds Reforms, which include proposals to streamline the SM& CR. At the same time, the PRA and FCA issued consultation papers CP18/25 and CP25/21. The regulators have set out a two-stage reform programme, with Phase Two to follow, subject to legislative changes under HM Treasury consultation. Final Phase One requirements are expected around mid-2026, and any subsequent Phase Two consultations will depend on HMT legislation. See News Analysis: Reform of the SM& CR— Proposals and next steps. This Practice Note covers: the Financial Services Register ( FS Register) the legislation, regulatory rules and guidance applying to the FS Register the information made available on the FS Register about firms and individuals the addition of a directory of certified and assessed persons, described as ‘ Directory Persons’ ( DPs), on the FS...
Practice Note This Practice Note explains the use of scientific ( DNA) testing to establish paternity where the parentage of an adult or child must be decided in civil proceedings under Part III of the Family Law Reform Act 1969 ( FLRA 1969). It covers the court’s powers, the child’s interests, consent and compliance, the involvement of Cafcass, the steps for applying for scientific ( DNA) testing, and key case law. It also highlights provisions in the Civil Procedure Rules 1998, particularly CPR PD 49G ( Applications under Part III of the Family Law Reform Act 1969 for use of scientific tests to determine parentage). Under FLRA 1969, Pt III, in civil proceedings where a person’s parentage is in issue, the court may direct scientific testing to assist in determining paternity, either on its own initiative or upon an application by any party. There is no...
This guide is chiefly intended for trainees, newly qualified lawyers and anyone new to or unfamiliar with pensions law. THIS PRACTICE NOTE APPLIES TO TRUST- BASED OCCUPATIONAL PENSION SCHEMES This beginners’ guide reviews the Pensions Ombudsman’s remit to handle occupational and personal pension complaints and disputes, covering: the Ombudsman’s role who can submit a complaint to the Ombudsman and the method for doing so the kinds of complaints/disputes that are outside scope the Ombudsman’s remedies how to appeal the Ombudsman’s determinations What is the role of the Pensions Ombudsman? The Pensions Ombudsman investigates and determines: specified authorised complaints about injustice resulting from maladministration by trustees, managers and employers involved in occupational and personal pension schemes disputes of fact or law between specified authorised complainants and trustees, managers and employees connected with occupational and personal pension schemes any question about...
What’s new and what’s changed in 2019— Risk & Compliance [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. For further details, see the subtopic: New and updated content in Risk and Compliance. This Practice Note provides month-by-month updates on amended material and newly published items in Risk & Compliance. Additions or revisions may reflect regulatory change or arise from ongoing content development. December 2019 New: Content added as part of content development. Updated Practice Notes: Working with foreign lawyers—the registered foreign lawyer ( RFL) regime Working with Swiss lawyers—the registered European lawyer ( REL) and registered Swiss lawyer ( RSL) regimes Reason: updated to reflect requirements in the SRA Standards and Regulations 2019. Updated Practice Note: How to...
Popular documents
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 ]...
Discover more from LexisNexis
