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
SM& CR—essentials for claims management companies Note: On 15 July 2025, the government unveiled the Leeds Reforms, setting out plans to streamline the SM& CR. At the same time, the PRA and FCA released consultation papers CP18/25 and CP25/21, which closed in October 2025. The regulators set out a two-stage programme of reform, with Phase Two to follow, subject to legislative changes under HM Treasury consultation. Final Phase One requirements are expected in mid-2026, with any later Phase Two consultations dependent on HMT legislation. See News Analysis: Reform of the SM& CR— Proposals and next steps. Introduction On 1 April 2019, the Financial Conduct Authority ( FCA) assumed responsibility for oversight of the claims management sector from the Claims Management Regulator ( CMR). As a consequence, the sector must meet the FCA’s standards on professionalism, conduct and governance, collectively referred to as the Senior Managers and...
Overview of plan-making reforms under the Levelling-up and Regeneration Act 2023 As explained in detail in Practice Note: Plan-making in England under the Levelling-up and Regeneration Act 2023—principles and key steps, the Levelling-up and Regeneration Act 2023 ( LURA 2023) revises Part 2 of the Planning and Compulsory Purchase Act 2004 ( PCPA 2004) with effect from 25 March 2026, delivering substantial reforms to the plan-making framework. Linked secondary legislation—most notably the Town and Country Planning ( Local Planning) ( England) Regulations 2026 ( Local Planning Regulations), SI 2026/186—also commencing on 25 March 2026, sets out detailed procedural obligations. At present, two plan-making regimes run concurrently: the Legacy Plan- Making System under the PCPA 2004, without the amendments made by LURA 2023 (the Legacy Plan- Making System); and the Current Plan- Making System under the PCPA 2004,...
Overview This Practice Note explores the purpose, reach and preparation of assumptions and qualifications in English law legal opinions furnished in banking and finance transactions. Its principal emphasis is on enforceability and capacity opinions issued for loan facilities, spanning both bilateral and syndicated transactions. In the majority of finance transactions governed by English law, supplying one or more legal opinions is a condition precedent to utilisation or completion. Such opinions are ordinarily directed to the lender, the facility agent and/or the security agent, and, in England and Wales, the convention is that they are produced by the lender’s own legal advisers. Two core elements underpin every legal opinion: assumptions and qualifications. Assumptions concern factual matters or external law that the opinion giver does not verify independently. Qualifications (often called reservations) confine or clarify the ambit and impact of the views expressed....
SM& CR— SMF interviews for regulatory approval This Practice Note sets out how the Financial Conduct Authority ( FCA) and/or the Prudential Regulatory Authority ( PRA) may deploy interviews as part of the approval process for those seeking to perform senior manager functions ( SMFs) at authorised firms under the UK regulators’ Senior Managers & Certification Regime ( SM& CR). It confirms that interviews are a discretionary tool within the SMF approval pathway and highlights when SMF candidates are most likely to be asked to attend. It also offers practical guidance for SMF candidates and their firms on preparing for interview, including frequent areas of focus, how the regulators approach external versus internal candidates, and additional points for candidates at dual-regulated firms. This Practice Note should be read together with: SM& CR Checklist—preparing for SMF interviews, which provides a practical framework to support...
This annual overview surveys the standout shifts of 2017 and flags what lies ahead for 2018. It covers: Prospectus Regulation ( EU) 2017/1129 the new UK regime for insurance linked securities central clearing and compulsory margining for OTC derivatives under EMIR ( EU) 648/2012 the EU framework for simple, transparent and standardised ( STS) securitisation commodity derivatives position limits under Mi FID II (2014/65/ EU) the trading obligation for specified OTC derivatives under Mi FIR ( EU) 600/2014 indirect clearing of OTC derivatives under EMIR and Mi FIR In 2018, derivatives practitioners will chiefly concentrate on the commencement of Mi FID II and the roll-out of indirect clearing. The round-up also signposts updates to Lexis Nexis® content, highlighting notable developments from the last year and what to expect over the coming 12...
This Practice Note is a horizon scanner tracking key future developments in EU energy law It sets out key dates for your diary (including forecast dates where possible) with relevant commentary on: legislation underway; measures awaiting future application or transposition; new consultations and calls for evidence; forthcoming guidance; and new EU‑level strategies and action plans. The tracker is organised into: Legislation in progress Consultations and calls for evidence (open initiatives) Key upcoming legislative transposition deadlines and dates of application Key non‑legislative developments Case law is tracked separately—please see Practice Note EU energy cases tracker—2026. This horizon scanner does not cover past developments, such as legislation published in the Official Journal. For details of past developments in EU energy law, see Practice Note: EU Energy—key developments tracker. As a matter of priority, the 2024–2029 Commission is seeking to address what it considers overlapping, unnecessary, or...
It is important for the in-house legal department to have a clear and communicated structure in place for performance management, which aims to: nurture your employees’ careers optimise their potential align the workforce with the business’s strategic priorities establish concrete yet adaptable objectives and goals facilitate ongoing feedback between each lawyer and their manager emphasise development and acknowledge achievements In the absence of a formal framework, outcomes hinge on each manager’s approach. Some will agree suitable objectives with their team members and provide routine feedback on progress; others may not. As a result, practice can vary: certain managers set appropriate objectives and give consistent feedback on performance, whereas others do not, which affects focus on growth and recognition of achievements. Effective performance management enables everyone to grasp: what the organisation seeks to accomplish how their position...
Scope of this Practice Note A central bank digital currency ( CBDC) relies on an electronic record or digital token to signify the virtual version of a country’s (or region’s) fiat money. It is centralised because the competent monetary authority issues and regulates it. A CBDC would extend electronic money, created by a national central bank, to all households and businesses, enabling everyone to make electronic payments in central bank money. This Practice Note concentrates on the work undertaken by EU authorities towards establishing a digital euro. The ECB’s role in proposals for a digital euro ECB report and consultation on digital euro On 2 October 2020, the European Central Bank ( ECB) issued a report exploring, from the Eurosystem’s perspective, the potential issuance of a CBDC—the digital euro. The ECB noted that a digital euro could advance the Eurosystem’s objectives by giving citizens access to a safe form of...
This Practice Note This Practice Note examines the Family Court transparency reporting pilot, which began in January 2023 and, from 27 January 2025, has been rolled out to every family court in England and Wales, alongside the related guidance and the transparency order. Rules on sharing information from proceedings are contained in the Family Procedure Rules 2010 ( FPR 2010), including the following practice directions: FPR 2010, PD 12R: the court may authorise communication of information from proceedings to which FPR 2010, SI 2010/2955, Pt 12 applies. FPR 2010, PD 14G: the court may authorise communication of information from certain proceedings to which FPR 2010, SI 2010/2955, Pt 14 applies. Open reporting now applies across all family courts in England and Wales. From 27 January 2025, journalists and legal bloggers, where a transparency order is made, can report what they see and hear while...
ARCHIVED: This Practice Note has been archived and is not maintained This tracker monitors and distils significant new and forthcoming legislation and consultations in England and Wales concerning waste, including circular economy initiatives linked to end-of-life/waste and plastics, together with the waste producer responsibility regime. It is organised into the following parts: Legislation — highlighting notable upcoming instruments relevant to environment lawyers in England and Wales that take effect from 1 January 2025. Consultations — outlining status updates and latest developments for consultations: those opening from 1 January 2025; those launched earlier but still open as at 1 January 2025; and those in the environmental law sphere in England and Wales that closed from 1 January 2025, run by government departments, regulators and other bodies. For EU activity in this field, see: EU environment tracker...
The Property key future developments tracker monitors forthcoming developments relevant to property lawyers. When a development occurs, it is moved to the archive for the relevant year. This is the archive for events in 2025. Appeal cases What’s happening? When? Find out more Sale of mortgaged property — defaulting mortgagor vs receiver Fairmont Property Developers UK v Venus Bridging Ltd and others [2025] EWCA Civ 1513 The Court of Appeal gave judgment on 26 November 2025. The Court of Appeal rejected an appeal against a refusal to exercise the discretion in section 91 LPA 1925 to allow a mortgagor to control the sale, confirming that only exceptional circumstances justify interfering with mortgagees’ contractual rights when they are actively exercising a power of sale, and that applicants must show a real likelihood of sale at an undervalue, not a mere possibility. The mortgagor appellant had defaulted on borrowing secured by a second...
Regulation ( EU) 2024/3015 on banning products made with forced labour in the Union market, which amends Directive ( EU) 2019/1937 (the EU Forced Labour Regulation, or EU FLR), establishes a prohibition on placing or making available in the EU—whether domestically produced or imported—any goods made with forced labour, and on exporting such goods. It also requires that any such products be withdrawn from the EU market... Timeline This overview sets out the principal legislative milestones leading to adoption of the EU FLR. Date of application: Three years after entry into force—14 December 2027—save for the provisions below that apply from the date of entry into force—13 December 2024: Article 5(3)—12-month window for Member States to notify contact details and areas of competence of competent authorities (see: Competent authorities) Article 7— Information and communications systems (see: Information and...
Introduction This Practice Note serves as a negotiating aid for services agreements. It maps out the principal stances across 25 frequently contested points, and proposes potential middle-ground options and core considerations shaped by the contract’s scope, the parties’ comparative bargaining power, and whether you represent the customer or the supplier. It offers a high-level overview designed to prompt you to identify what is required for the circumstances of any particular deal. Where helpful, it signposts further Practice Notes. It is only relevant for business-to-business arrangements. It does not address matters in the setting of IT services contracts, although many themes will be similarly applicable. For those, see Practice Note: Negotiation guide— IT contracts. For several topics, this Practice Note points to sample balanced wording in Precedent: Services agreement (ongoing supply)—balanced. For a quick at-a-glance summary of the customer’s and supplier’s optimal...
This Practice Note considers: sexual harassment under section 26(2) of the Equality Act 2010 ( Eq A 2010) (see: Sexual harassment below), and the distinct duty on an employer under Eq A 2010, s 40A to take ‘reasonable steps’ to prevent sexual harassment of employees in the course of their work (see: Duty to prevent sexual harassment below) the protection arising from whistleblowing where a person makes a disclosure concerning sexual harassment (see: Whistleblowing, below) The safeguards outlined here are separate from the ‘standard’ protection from harassment related to the protected characteristic of sex, which is covered comprehensively in Practice Note: Harassment. For a sample harassment and bullying policy addressing sexual harassment specifically, see Precedents: Policy—harassment and bullying and Policy—harassment and bullying (short form). For an employer toolkit to support a sexual harassment risk assessment and to determine measures to mitigate...
Legislation and guidance On 14 June 2023, the Historic Environment ( Wales) Act 2023 ( HE( W) A 2023) obtained Royal Assent. It unifies the main laws safeguarding Wales’s historic environment, namely the Ancient Monuments and Archaeological Areas Act 1979 and the Historic Environment ( Wales) Act 2016, whose provisions are now consolidated within HE( W) A 2023. Part 2 of HE( W) A 2023 establishes the statutory framework for scheduled monuments in Wales. Section 14(3) (regulations on applying for scheduled monument consent) and s 26(5)–(6) (regulations on scheduled monument partnership agreements) commenced on 9 September 2024, with the remainder of Part 2 coming into force on 4 November 2024. National policy on scheduled monuments is articulated in Planning Policy Wales and Technical Advice Note 24: The Historic Environment ( TAN 24). Welsh Ministers have additionally issued guidance entitled Managing scheduled monuments in...
This Practice Note This Practice Note examines provisions in the Working Time Regulations 1998 ( WTR 1998), SI 1998/1833 regarding entitlement to statutory paid holiday, or annual leave, for irregular hours workers and part-year workers for leave years commencing on or after 1 April 2024. The amendments to the WTR 1998 address the issue raised in Brazel, where the Supreme Court decided that a part-year worker — a visiting music teacher paid by the hour with no guaranteed minimum or normal hours, who received pay for hours worked that month plus holiday pay at 12.07% — was entitled to 5.6 weeks of paid leave that was not to be pro-rated against a full-time worker. For a worker who is an irregular hours worker or a part-year worker in a leave year beginning on or after 1 April 2024, the right to paid holiday is...
EU workers and EU citizens benefit from freedom of movement. This entitlement is set out for workers in Article 45 of the Treaty on the Functioning of the European Union ( TFEU) and for citizens in Article 21 TFEU. Detailed rules on the conditions and limits appear in Directive 2004/38/ EC. They may move to and live in other Member States without discrimination, and any curb on this right must pursue a public interest and be proportionate to the restriction applied. Free movement of workers Article 45 TFEU allows EU workers to circulate across the Union. It outlaws discrimination based on nationality in respect of employment and working conditions, including remuneration. Scope of the protection Personal scope The Court of Justice of the European Union retains the authority to determine which persons fall within Article 45 TFEU, as the Treaty’s objectives could be undermined if national law could set and...
In brief The free movement of goods, the freedom to provide services, the freedom of establishment, and the free movement of capital (collectively, the ‘four freedoms’) operate as constraints imposed by the EU Treaties upon EU Member States to secure the overall functioning of the EU Internal Market. This variety of negative integration has clear limits. Most domestic restrictions falling within the reach of the four freedoms can, however, be justified, provided such restrictions are proportionate. While the Court of Justice has assumed a particularly important and significant role in interpreting the four freedoms (and their limits), any remaining national barriers can ultimately only ever be removed through harmonisation measures enacted by the EU (‘positive’ integration). For further reading on this, see Practice Note: Harmonisation. This Practice Note examines the four freedoms underpinning the EU Internal Market in greater...
This Practice Note outlines the unitary patent ( UP) and Unified Patent Court ( UPC) framework, describing the UPC’s composition, remit and powers in overview. It details the transitional opt-out arrangements currently available during the sunrise period. It also covers procedures in the Court of First Instance and the Court of Appeal, examining and elucidating the UPC Rules of Procedure in detail and context. The UPC formally commenced operations on 1 June 2023, following a three‑month sunrise phase. This milestone came after several earlier hurdles, notably the UK leaving the EU and later choosing to exit the project itself, and the German Federal Constitutional Court’s ruling upholding an initial challenge to the Unified Patent Court Agreement ( UPCA). Introduction to the unitary patent and Unified Patent Court system The new system is in two parts, as follows: a new form of European patent ( EP) with...
This Practice Note sets out the law governing legal costs in civil proceedings in Ireland. It addresses the Legal Services Regulation Act 2015 ( Ireland), s 150 ( LSRA 2015 ( IRL)) and what a section 150 notice must contain. The legal framework for legal costs The requirement for a bill of costs The categories of legal costs The general rule on costs Recoverable costs and their adjudication Costs on interim applications Lodgements and tenders relating to costs Steps taken to minimise costs It also notes recent developments and reform in this area. For an analysis of the Irish position on third party litigation funding, see Practice Note: Ireland— Third-party litigation funding. Legal costs/legal fees Legal costs are the expenses incurred between parties in connection with legal proceedings. They apply to both contentious and non-contentious work and include sums paid to legal professionals, witnesses and third parties. The Practice Note focuses on...
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
