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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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This Practice Note on professional negligence claims offers practical direction and pointers for pursuing such actions. It addresses the first steps, from pinpointing the relevant duty and any alleged breach, to the loss suffered and the relief sought, taking in causation, quantum and the duty to mitigate. It also looks at limitation periods, settlement, ADR and enforcement, the involvement of insurers, commencing proceedings, disclosure and evidence, and cross-border issues. In Ireland, the principal bases for professional liability are breach of contract, negligence and breach of fiduciary duty. Scope of this Practice Note This Practice Note sets out pragmatic guidance and tips for advancing a professional negligence claim. It spans immediate considerations: identifying the duty (contractual, tortious, fiduciary, or a mix), the purported breach, the loss and remedy pursued, causation, quantum and the obligation to mitigate; limitation; issuing and pleading the claim; evidential matters,...
Deal Debrief On 22 February 2023, at the sanction hearing, the court sanctioned seven Part 26A restructuring plans ( RPs) proposed by the Lifeways Group. Headline takeaways are set out below (capitalised terms not otherwise defined adopt the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For further detailed analysis of the 2023 RP filings, data, and insight from leading industry voices in the restructuring community, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the outstanding provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). From 5 February 2026: subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers, and enforcement. From 19 June 2026: penalty notices and complaints. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. It provides guidance on an individual’s rights as a data subject within the employment context. It aligns with the UK GDPR regime, and legislative links are to Assimilated Regulation ( EU) 2016/679, UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless stated...
Property key future developments tracker This tracker highlights significant forthcoming developments of interest to property lawyers. When a development materialises, it is transferred to the archive for the appropriate year. This entry records events that took place in 2023. Appeal cases Service charge — costs of litigation Dell and another v 89 Holland Park ( Management) Ltd [2023] EWCA Civ 1460 The Court of Appeal issued its judgment on 8 December 2023. The appeal addressed whether the landlord appellants could recover £430,411.00 in service charges from the respondent lessees, being part of £2,763,521.00 incurred during disputes with an adjoining landowner. At first instance, the First-tier Tribunal ( Property Chamber) decided the sums were recoverable, but the Upper Tribunal allowed an appeal and overturned that decision. In the Court of Appeal, Lady Justice Falk, with Lord Justice Arnold and Lord Justice Philips concurring, held that Judge Cooke was right to find that the...
ARCHIVED: This Practice Note has been archived and is not maintained For further details, see the subtopic New and updated content in Practice Compliance. This Practice Note outlines, month by month, whether we have introduced substantive revisions to existing material or released new material in Practice Compliance during 2023. Items may have been created or revised to mirror regulatory developments or as part of our continuing content programme. December 2023 New Practice Note: Responding to a data subject access request—information identifying other individuals — Content development New Practice Note: Responding to a data subject access request—protecting third party rights — Content development Updated Practice Notes: — Designation of sanctions targets under the UN sanctions, UK sanctions and EU sanctions regimes — Financial sanctions—offences — Updated for Russia ( Sanctions) ( EU Exit) Amendment ( No. 4) Regulations 2023 Updated Practice Note:...
This Practice Note sets out and clarifies the principal issues to consider when negotiating and drafting limitation of liability provisions in information technology and business process outsourcing contracts. It addresses: Legal principles Approaches in outsourcing Heads of losses Specific provisions in the agreement Dealing with data protection liabilities General considerations For comprehensive commentary on excluding and limiting liability in commercial contracts more generally, see Practice Note: Exclusion and limitation of liability, and for hands-on guidance on negotiation and drafting, refer to: Drafting and negotiating a limitation of liability clause—checklist. For a sample limitation of liability provision, see Precedent: Limitation of liability clause. Legal principles A contractual term that excludes or limits liability is governed by both statute and the common law, with most of the significant statutory controls contained in the Unfair Contract Terms Act 1977 ( UCTA 1977). The courts are, nonetheless, usually disinclined to disturb commercial bargains reached between...
Regulation ( EC) No 1223/2009 on cosmetic products, commonly referred to as the EU Cosmetic Products Regulation ( EU CPR), constitutes the primary EU regime for cosmetics marketed in the Union. This Practice Note outlines the Regulation’s scope and principal obligations. It sets out the concept of the ‘responsible person’, who must guarantee the product’s safety and full compliance with the EU CPR throughout every stage of cosmetic product development. It also addresses the prohibition on animal testing, cosmetic labelling rules and the standards applicable to product claims. The Note further highlights the European Commission’s recent initiative to revise the EU CPR... Scope The EU CPR has applied since 11 July 2013, except for Article 15(1) and (2), effective from 1 December 2010, and Article 16(3) second subparagraph, effective from 11 January 2013. As a directly applicable Regulation, no...
This Practice Note provides an overview of principal EU rules concerning employment and social policy, labour law (including safeguards for particular groups of workers), workplace conditions, protection from discrimination, equal treatment, and work–life balance, together with related matters across this field of policy development. The status of EU law in the UK Before the UK left the EU on exit day (31 January 2020), EU law applied domestically via the ECA 1972. That Act was revoked by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) on exit day, though savings created by the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) operated to deliver the implementation period. In broad terms, to secure continuity, the amended EU( W) A 2018 sought to maintain the legal position that existed immediately before 11pm on 31 December 2020 (a point in time...
Property key future developments tracker The Property key future developments tracker monitors notable forthcoming developments of interest to property lawyers. When a development materialises, it is transferred to the archive for the appropriate year. This is the archive of matters that took place in 2022. Appeal cases Residential ground rent notices Stampfer v Avon Ground Rents Ltd [2022] UKUT 68 ( LC) What’s happening? The Court of Appeal concluded that a landlord could not recover a ground rent collection fee for the cost of preparing the formal rent demand required by section 166 of the Commonhold and Leasehold Reform Act 2002 ( CLRA 2002). Although the lease expressly permitted recovery of costs relating to ‘the collection of rents’, the court held that, under CLRA 2002, s 166, rent is not collectable until it is due—that is, until the statutory section 166 notice has been served....
What’s new and what’s changed in 2022— Risk & Compliance [ Archived] ARCHIVED: This Practice Note is archived and not maintained. For further details, see subtopic: New and updated content in Risk and Compliance. This note offers month-by-month updates on revised and newly published content in Risk & Compliance, reflecting regulatory change or ongoing content development. December 2022 New— Practice Note: Compatibility assessment—change of purpose—data protection (content development). Updated— Practice Note: Data protection and internal investigations—adds Data Protection ( Adequacy) ( Republic of Korea) Regulations 2022, SI 2022/1213 and ICO guidance on data transfers. Updated— Practice Note: Data protection risk management guide—adds references to the International Data Transfer Agreement ( IDTA) and transfer risk assessments. Updated— Practice Note: Rights of data subjects—international transfers section updated. Updated— Practice Notes: How to manage international personal data transfers; UK GDPR—the basics—add Data...
Background Environmental, social and governance ( ESG) considerations have moved sharply up the agenda for institutional investors in recent years. Numerous proxy advisers now issue dedicated ESG guidance and advise their institutional shareholder clients on voting approaches and wider stewardship practices. Because institutional investors hold substantial stakes in listed companies, and many lean heavily on proxy advisers when casting votes, listed companies closely track those advisers’ policies and voting recommendations. For more on proxy advisers—how they are supervised and the extent of their impact on listed companies—see Practice Note: Proxy advisers and ESG rating agencies—fundamentals. This Practice Note concentrates on the guidelines issued by institutional investors. For an overview of the legal and regulatory landscape for corporate ESG reporting, including obligations under the Listing Rules, the UK Corporate Governance Code ( UKCG Code), the Task Force on...
1. What is the applicable legislation? Turkey’s foreign direct investment ( FDI) framework is principally governed by the Foreign Direct Investments Law No. 4875 and the Regulation on the Implementation of the Foreign Direct Investment Law No. 4875, collectively the General FDI Legislation. Corporate matters are, in general, dealt with under the Turkish Commercial Code No. 6102 alongside the FDI rules. In addition, a wide range of supplementary instruments — statutes, circulars, by‑laws and sector‑specific rules — contain FDI‑related provisions, including the Mining Law No. 3213; the Law on Establishment and Broadcasting Services of Radios and Televisions No. 6112; the Banking Law No. 5411; the Turkish Civil Aviation Law No. 2920; the Cabotage Law No. 815; the Private Educational Institutions Law No. 5580; the Land Registry Law No. 2644; Decree No. 32 on the Protection of the Value of the Turkish Currency; and the Law No. 4054 on...
This Practice Note monitors all developments concerning Regulation ( EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives ( EU) 2019/1937 and ( EU) 2020/1828 (the Digital Markets Act— DMA). It followed the DMA through the ordinary legislative procedure up to its entry into force in 2022. It now records notable steps in the DMA’s implementation and enforcement. Background In a mission letter dated 1 December 2019, Dr Ursula von der Leyen tasked Executive Vice President Margrethe Vestager with ensuring that competition policy and rules are fit for the modern economy and with strengthening competition enforcement in all sectors. Drawing on expert reports and an E-commerce Sector Inquiry, the Commission in June 2020 opened a consultation on an Inception Impact Assessment for a New...
This starter guide offers an overview of the work undertaken by corporate crime solicitors. It is designed for trainee solicitors and for those who are new to white‑collar crime, corporate crime, business crime or regulatory crime as a practice area. The guide sets out the key stages of criminal investigations and prosecutions in which corporate crime lawyers are typically involved, and it also introduces the principal areas of law and the main offences that generally fall within corporate crime practice. In addition, it signposts other sources and materials that supply more comprehensive information on the subjects covered. Where an issue is not dealt with by this basic guide, use the Corporate Crime Topics tab on the homepage to find further practice area content. What is corporate crime and what do corporate crime lawyers do? A corporate crime lawyer’s remit can be very broad. Their focus is on...
What’s new and what’s changed in 2021— Risk & Compliance [ Archived] ARCHIVED: This Practice Note has been archived and is no longer maintained. For more information, see the subtopic: New and updated content in Risk & Compliance. This Note reported, month by month, on revisions to existing material and new publications in Risk & Compliance, introduced or amended to reflect regulatory developments or as part of our ongoing content programme. December 2021 New Practice Note: Risk & Compliance forecast as at 14 December 2021 — content development. New Precedent: DPIA or PIA approval form — content development. New Practice Note: Coronavirus ( COVID-19)—managing the workplace 30 November 2021 to 23 February 2022 [ Archived] — developed to align with the latest government guidance. Updated Practice Note: Money Laundering Regulations 2017—governance and reporting lines — updated for SRA guidance on AML...
This Practice Note examines contempt proceedings under CPR 81 (often termed ‘committal proceedings’) in the context of County Courts Act offences and High Court certifications. It does not attempt to tackle the specific quirks of the numerous committal-type steps available where a defendant breaches the County Courts Act or a High Court certification. It should be read alongside the following Practice Notes, which provide a general overview: Civil contempt proceedings—nature and legal framework Civil contempt proceedings—sentencing and costs County Courts Act 1984 (quasi-contempts) The County Courts Act 1984 ( CCA 1984) contains several distinct, though similarly focused, offences. Until 1 October 2020, these were addressed within CPR 81. Following amendments effective from that date, they no longer fall within CPR 81. When faced with CCA 1984 offences, practitioners should consult the relevant statutory provisions, which include: assaulting a court officer ( CCA 1984, s 14) ...
This Practice Note This Practice Note addresses the alteration of statements of case under CPR 17, including changes to pleadings, particulars of claim, the claim form, the defence and any reply. It outlines when the court’s consent is necessary to amend a statement of case, and sets out the principles governing whether permission will be allowed or declined. In doing so, it highlights the principal considerations the court will weigh, such as the overriding objective in CPR 1.1, the requirement for a real prospect of success (mirroring the test applied on summary judgment), the stage at which the application is made, compliance with the Civil Procedure Rules ( CPR) when pleading, whether the proposed amendment constitutes an abuse of process, and the potential impact of illegality. The Practice Note further clarifies the circumstances in which permission to amend a pleading must be sought under CPR 17, and...
This Practice Note carefully examines when a solicitor is shown on the court record as acting for a party, together with the effects and practical consequences of appearing on the court record. It further covers the requirements—among them those in the Solicitors Regulation Authority ( SRA) Standards and Regulations—governing the retainer between solicitor and client, including how a retainer may properly be brought to an end: what amounts to a proper reason, what constitutes reasonable notice, and the consequences of termination. It also clearly explains the steps a party (or any incoming solicitor) should take where representation changes, and when an application to be removed from the court record will be necessary if those steps are not followed. SRA Standards and Regulations When deciding whether to accept instructions or to stop acting, it is of central importance that the solicitor reflects on their...
SM& CR—essentials for solo-regulated firms Note: the SM& CR is in the midst of reform. In July 2025, government unveiled the Leeds Reforms, setting out plans to simplify the SM& CR. Concurrently, the PRA and FCA issued consultation papers CP18/25 and CP25/21. The supervisors envisage a two-stage programme of change, with Phase Two contingent on legislative amendments following HM Treasury consultation. Finalised Phase One obligations are anticipated around mid-2026, while any subsequent Phase Two measures will depend on HMT legislation. See News Analysis: Reform of the SM& CR— Proposals and next steps. For current developments, including those tied to the Leeds Reforms and non-financial misconduct, see: SM& CR—timeline and Culture and social governance in financial services—timeline. On 9 December 2019 (commencement), the Senior Managers and Certification Regime was extended to firms authorised under the Financial Services and Markets Act 2000 ( FSMA 2000) that are...
This Practice Note addresses the position in Scotland. For guidance on: other forms of diligence within Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation, which in turn links to detailed guidance on the range of diligence available in Scotland the equivalent in England and Wales, see: Introduction to enforcement—overview, which provides an outline of the topic and links to fuller guidance on domestic enforcement in England and Wales cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners, which offers an overview and signposts more detailed guidance on cross-border enforcement In 2020, the Scottish Government commenced a policy review of diligence measures in Scotland, resulting in the Bankruptcy and Diligence ( Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation— Methods of...
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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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