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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 outlines the remedies available for whistleblowing unfair dismissal claims, as well as for claims concerning whistleblowing detriment... Whistleblowing unfair dismissal claims An employee asserting unfair dismissal because of whistleblowing may apply for interim relief. For guidance on the legal and practical considerations around interim relief, see Practice Note: Interim relief in unfair dismissal. Where a tribunal upholds an unfair dismissal claim and accepts that the principal reason for dismissal was the making of a protected disclosure, the usual unfair dismissal remedies will apply (subject to one exceptional feature—see below). These are: reinstatement or re-engagement a basic award a compensatory award For general information on these remedies, see Practice Note: Unfair dismissal remedies—general. If a protected disclosure is the reason or principal reason for the employee’s dismissal, the dismissal is automatically unfair (see Practice Note: Automatically unfair reasons)......
Power to vary a CVA Most company voluntary arrangements include a power to vary, allowing changes if circumstances alter or minor amendments are needed, so the arrangement need not be brought to an early end. This offers a less severe route for creditors, as the CVA may itself state that early termination will oblige the supervisor to petition for administration or a winding-up order. Following the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, a CVA proposal can be amended with the nominee’s agreement in writing, provided that: the nominee is not acting as the company’s liquidator or administrator; and the nominee’s report has not been filed at court under section 2(2) of the Insolvency Act 1986 ( IA 1986). Beyond this, there is little statutory direction on varying a CVA once creditors have approved it. A...
ARCHIVED This Practice Note has been archived and is no longer maintained. It concerns guidance issued in July 2013 by The Chartered Governance Institute (previously known as ICSA: The Governance Institute) ( CGI), setting out an industry perspective on the matters to be reserved to the board of directors......
This tracker collates and summarises important new and forthcoming EU laws (regulations and directives), and provides links to the most recent notable rulings and appeals from the General Court of the EU and the Court of Justice on employment and social policy. It is arranged as follows: EU employment and social policy—new legislation EU employment and social policy—horizon scanning EU employment and social policy—consultations EU employment and social policy—2025 Cases EU employment and social policy—2024 Cases This tool tracks developments on: Working conditions—working time, part-time and fixed-term work, and posting of workers Informing and consulting workers on collective redundancies and business transfers Equal treatment and workplace discrimination Social policy rules and social security coordination For cases issued between 2021 and 2023, see Practice Note: EU employment and social policy—cases tracker (2021–2023) [ Archived]. For a...
ARCHIVED: This Practice Note has been archived and is not maintained. Key information Batteries Directive title: Directive 2006/66/ EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators, repealing Directive 91/157/ EEC ( Batteries Directive). Entry into force: 26 September 2006. Deadline for transposition: 26 September 2008. National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States. Amended by: See consolidated version. Subject: Producer responsibility, batteries. What is the EU Batteries Directive? Directive 2006/66/ EC on batteries, accumulators and their waste is intended to minimise environmental harm from batteries and waste batteries. Earlier EU rules did not adequately manage the risks from waste batteries or deliver a consistent EU-wide system for collection and recycling. In 2002, a Commission impact...
This Practice Note This Practice Note reviews the regulatory landscape for trading venues under the recast Markets in Financial Instruments Directive ( Directive 2014/65/ EU) ( Mi FID II), as amended by Directive ( EU) 2024/790 (the Mi FID II Review) and Directive ( EU) 2024/2811 (the Listing Act), together with the Markets in Financial Instruments Regulation ( Regulation ( EU) 600/2014) ( Mi FIR), as updated by Regulation ( EU) 2024/791 (the Mi FIR Review), and outlines the following: definitions of regulated markets ( RMs), multilateral trading facilities ( MTFs) and organised trading facilities ( OTFs) principal differences between RMs, MTFs and OTFs authorisation of RMs, MTFs and OTFs the European Securities and Markets Authority ( ESMA’s) register of RMs, MTFs and OTFs ways to access other EU markets for RMs, MTFs and OTFs specific...
Key information Waste Framework Directive Official act: Directive 2008/98/ EC of the European Parliament and of the Council of 19 November 2008 on waste (the Waste Framework Directive, WFD) Effective from: 12 December 2008 Transposition deadline: 12 December 2010 National measures: See Eur- Lex for Member State information on national transposition measures Repeals: Directive 75/439/ EEC on the disposal of waste oils Directive 91/689/ EEC on hazardous waste Directive 2006/12/ EC on waste Amendments: Regulation ( EU) 1357/2014 replacing Annex III to Directive 2008/98/ EC Directive ( EU) 2015/1127 amending Annex II to Directive 2008/98/ EC ...
Objectives Batteries are vital power sources and an essential technology underpinning the worldwide shift towards climate neutrality and a more circular economy. As a result, worldwide battery demand is surging and is projected to be 14 times higher by 2030. This trend is chiefly fuelled by the expansion of the digital economy, the requirement for storage of energy produced from renewables, and low‑carbon transport. The proliferation of battery‑powered electric vehicles will render this market strategically important at a global scale. On this footing, the Commission set out proposals for substantial changes to the batteries framework, largely created by Directive 2006/66/ EC (the Batteries Directive), within the EU’s 2020 Circular Economy Action Plan. The ensuing Regulation ( EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 on batteries and waste batteries (the Sustainable Batteries Regulation) appeared in the Official Journal of the EU on 28...
This Practice Note is one of four on adverse possession. The others are: Claiming title by adverse possession under the Limitation Act 1980 or the Land Registration Act 1925 Claiming title by adverse possession under the Land Registration Act 2002 Adverse possession and leases Introduction Adverse possession of land arises where occupation of land conflicts with the title of the true owner. The person in adverse possession (described in this Practice Note as ‘the squatter’) must demonstrate factual possession (see Factual possession below) together with an intention to possess (see Intention to possess below). The squatter’s adverse possession must continue, without interruption, for the required period (see Required period of adverse possession below). Although factual possession and intention to possess are separate elements, one piece of conduct can prove both. For example, putting up a fence that excludes everyone except the...
FORTHCOMING CHANGE : The Product Security and Telecommunications Infrastructure Act 2022 ( PSTIA 2022) is only partly in effect. Additional measures will commence on dates to be set by regulations. PSTIA 2022 updates elements of the Code and the Landlord and Tenant Act 1954 ( LTA 1954), mainly on rights to share apparatus, valuation on an LTA 1954 renewal, and dealing with unresponsive occupiers. Both the current and anticipated adjustments are highlighted in the Practice Note below... The Code The Electronic Communications Code (the ‘ Code’) appears in sections 106–119 and Schedule 3A Part 1 of the Communications Act 2003 ( CA 2003). It superseded the earlier Electronic Communications Code formerly in Schedule 2 to the Telecommunications Act 1984 ( TA 1984), as amended by CA 2003. This Practice Note explains the scope of Code rights, how they are created (by agreement between the parties or by court...
FORTHCOMING CHANGE The Renters’ Rights Act 2025 secured Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note examines obligations implied by the Landlord and Tenant Act 1985 ( LTA 1985) into dwelling tenancies, addressing fitness for human habitation and repair. LTA 1985, s 9A (inserted by the Homes ( Fitness for Human Habitation) Act 2018 ( H( FHH) A 2018)) provides for certain English dwelling leases to include implied landlord covenants concerning fitness for human habitation. LTA 1985, s 11 stipulates that specified dwelling leases contain implied covenants by the landlord relating to repair. LTA 1985, s 11 does not apply to dwellings let under occupation contracts governed by the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016). RH( W) A...
This Practice Note explains the actions required when seeking a domestic abuse protection order ( DAPO) under the pilot operated via FPR 2010, PD 36ZG— Part 3 of the Domestic Abuse Act 2021: Provision during piloted commencement, in the courts named for the pilot, through to the point an order is made. It identifies the geographical areas in scope of the pilot, the process for applications issued on notice and without notice to the respondent, the rules on service, and the types of conditions a DAPO may contain. It also outlines the availability of legal aid for these applications. For guidance on the measures to follow once a DAPO has been made, including service of the order, informing the police of the order, and information about any electronic monitoring requirement, see Practice Note: Domestic abuse protection orders in the Family...
In many cases, particularly where death occurred before 1 January 2022, personal representatives ( PRs) cannot obtain a grant of representation until they have submitted an inheritance tax ( IHT) account to HMRC, providing complete particulars of the relevant property and its values to the best of their knowledge and belief, and until HMRC has confirmed payment of the IHT due and any interest by issuing a unique code and the estate figures to be included in the probate application. PRs of estates with no IHT liability that satisfy the conditions for an excepted estate do not need to file an IHT account with HMRC; instead, they may supply the required valuation information to HMCTS Probate when applying for a grant of probate or letters of administration. For more on the procedure for obtaining a grant, see Practice Note: Application for a grant of...
This considers the legal rules engaged when parties are in civil dispute over the disposal of a deceased person’s body, including transporting the body out of the jurisdiction, the timing and method of disposal, and the ceremonies to be observed. Unsurprisingly, the emotions involved in such disagreements are often intense. Entitlement to possession of a corpse In English law, as Kay J stated in Williams v Williams, ‘there can be no property in the dead body of a human being’. Consequently, any direction in the deceased’s Will instructing the executors to hand the body to another individual had no effect. Generally, the same approach applies to body parts, as affirmed in R v Kelly, although that case acknowledged exceptions. As a general statement, the principle that a corpse cannot be owned remains sound. Rather than rights comparable to property in chattels,...
An interview with Peter Harper, partner, and Annabel Borg, legal director at international law firm Eversheds Sutherland, exploring key questions on merger control in the UK. NOTE–to check whether UK and worldwide filing thresholds are triggered, consult Where to Notify... 1. Have there been any recent changes to the regime and are further updates anticipated over the next year? Are there other ‘hot’ merger control topics in the UK? Revised thresholds From 1 January 2025, the thresholds shifted following commencement of the competition provisions in the Digital Markets, Competition and Consumers Act 2024 ( DMCCA). The DMCCA delivered three principal amendments to the UK merger control thresholds: raised the target turnover test from £70 million to £100 million (the public interest intervention bar for media mergers remains £70 million); brought in a fresh threshold for certain vertical and conglomerate deals, notably so‑called ‘killer...
The basic position Beneficiaries of a deceased individual’s estate understandably want confidence that the personal representatives ( PRs) are administering matters effectively, and will often hope to receive what is due to them under the Will or intestacy without delay. Executor’s year Section 44 of the Administration of Estates Act 1925 ( AEA 1925) affords executors and administrators a full year from the date of death before beneficiaries can demand any distribution. There are occasions when PRs will be unable to distribute for considerably longer than this executor’s year and can legitimately justify postponement. Rights of beneficiaries during the administration While the estate is being administered, title to the deceased’s unadministered assets rests with the PRs for the purposes of administration, without any division between legal and equitable interests. In the meantime, no beneficiary-whether taking under a Will or by...
CASE HUB NOTE-appeals lodged before the Court of Justice in Cases C- 509/21 and C- 508/21 ARCHIVED This archived case hub captures the position as at the judgment of 9 June 2021 and is no longer updated. See also the timeline and commentary... Case facts Outline Proceedings for annulment before the General Court against the Commission’s decision of 4 October 2018, which found that the absence of a deposit on specified drinks packaging sold by German border shops to customers resident in Denmark did not amount to State aid ( Case SA.44865)... Latest developments On 9 June 2021, the General Court handed down its judgment and upheld the appeal. Consequently, the Court annulled the Commission’s 2018 decision... Parties Applicants: Dansk Erhverv Defendant: European Commission (the...
Different definitions of COMI The expression 'centre of main interests' ( COMI) is common in cross-border restructuring and, across the regimes below, (i) is defined in slightly different ways and (ii) results in different consequences: Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency ( EU Recast Regulation on Insolvency) operating between Member States (see Practice Note: Recast Regulation on Insolvency as between Member States-main, secondary and territorial proceedings) (and as it used to apply to the UK pre- Brexit), where COMI determines which courts may commence 'main proceedings'. The Assimilated Regulation ( EU) 2015/848 ( Assimilated Recast Regulation on Insolvency) (previously called the Retained Recast Regulation on Insolvency) as it applies to the UK post- Brexit, where COMI identifies which courts can commence ' COMI proceedings' (see further discussion of effects below). The UNCITRAL Model Law on...
This Practice Note highlights significant cases and related materials pertinent to aviation finance. The cases are arranged by topic for ease of reference. Key cases relating to purchasing an aircraft Odyssey Aviation Ltd v GFG 737 Ltd - aircraft sale and purchase agreement; termination; buyer alleges breach of warranty as to title and breach of conditions precedent; seller also seeks to terminate the sale and purchase agreement [2019] EWHC 1927 ( Comm) On 28 May 2018, Odyssey Aviation Ltd ( Odyssey) and GFG 737 ( GFG) entered into an Aircraft Sale and Purchase Agreement ( APA). Under the APA, Odyssey agreed to sell, and GFG agreed to purchase, a Boeing Business Jet B737-72U (the Aircraft) for US$30m. The APA was governed by English law. Before the APA was concluded, on 23 April 2018, GFG paid a refundable holding deposit into an escrow account. The delivery under the APA was...
Assimilated Regulation ( EC) 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste ( GB Waste Shipments Regulation) Commencement on 15 July 2006 (art 64.1). In its initial form, the application began on 12 July 2007 (art 64.1). Amendments Assimilated Regulation ( EC) 1379/2007 of 26 November 2007 — effective from 30 November 2007. Assimilated Regulation ( EC) No 669/2008 of 15 July 2008 — in effect 19 July 2008. Assimilated Regulation ( EC) No 219/2009 of the European Parliament and Council of 11 March 2009 — operative from 20 April 2009. Assimilated Regulation ( EC) No 308/2009 of 15 April 2009 — takes effect 19 April 2009. Directive 2009/31/ EC of the European Parliament and Council of 11 March 2009 of 23 April 2009 — in force 25 June 2009. ...
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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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