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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 forms part of a cross-border guide covering the fundamental issues in setting up particular business entities across global jurisdictions. Member firms within the Multilaw international law firm network respond to key questions on this subject. The guide highlights principal considerations when creating a corporation in the Philippines. As at 13 January 2023. Author: Carina C. Laforteza, Sy Cip Salazar Hernandez & Gatmaitan, a Multilaw member firm Prepared with input from Multilaw contributors, who provide answers to key questions on this topic across global jurisdictions globally. Common entities What entity type is the focus of this questionnaire? Which other commonly used entities in this jurisdiction are dealt with in another questionnaire response? Corporation-a juridical person constituted under the Revised Corporation Code of the Philippines and filed with the Philippine Securities and Exchange Commission: stock...
This Practice Note outlines the principal restructuring and insolvency industry, government and regulatory organisations across the UK, Europe and the wider world. UK bodies Insolvency Service The Insolvency Service is a government agency that seeks to foster economic confidence by assisting people facing financial difficulty, tackling financial misconduct and maximising recoveries for creditors. It operates as an executive agency within the Department for Business and Trade ( DBT), previously known as the Department for Business, Energy and Industrial Strategy. The Service supervises the recognised professional bodies ( RPBs) to ensure the individuals they authorise are suitable to act as insolvency practitioners. There are three RPBs: the Institute of Chartered Accountants of England and Wales ( ICAEW), the Institute of Chartered Accountants of Scotland and the Insolvency Practitioners Association ( IPA). With effect from 1 June 2025, at its request, recognition of the Institute of...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 MLR 2017 form part of the UK’s broader framework for anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing. They set out administrative obligations that sit alongside the criminal aspects of the regime contained in the Proceeds of Crime Act 2002 ( POCA 2002), the Terrorism Act 2000 ( TA 2000) and related sanctions measures, with some overlap between these laws. The MLR 2017 extend to specified categories of persons acting in the course of business in the UK (see Practice Note: Money Laundering Regulations 2017-scope and application-law firms). For solicitors and law firms, the chief categories of interest are: independent legal professionals engaged in certain financial or real property transactions trust or company service...
CASE HUB Archived This archived case hub sets out the position as at the decision date of 3 March 2022; it is no longer being updated. See also the timeline. Case facts Outline UK merger investigation into the anticipated purchase of the passive infrastructure assets of CK Hutchison Networks Europe Investments S.À R. L in the UK by Cellnex UK Limited. The parties overlap in supplying access to developed macro sites and associated services to wireless communications providers in the UK. Latest developments On 3 March 2022, the CMA published its final report, approving the deal subject to conditions following an in-depth phase 2 investigation. Parties Cellnex UK Limited ( Cellnex): Cellnex owns and operates UK sites with passive infrastructure-elevated structures for attaching telecommunications equipment-used by wireless communications providers. Its customers are chiefly mobile network operators ( MNOs). Cellnex’s passive infrastructure is also utilised by other...
Deadlock (50:50) joint venture shareholders’ agreement This Practice Note provides guidance to drafters on preparing and/or reviewing a ‘deadlock’ or ‘50:50’ corporate joint venture agreement ( JVA), also called a shareholders’ agreement. It addresses arrangements where two joint venture parties set up a separate limited company incorporated in England and Wales (the joint venture company, JVC), each becoming a shareholder with an equal shareholding, and where the JVA contemplates split exchange and completion, with conditions to completion. Outlined below are matters to weigh when drafting or assessing the key provisions of such a deadlock JVA. For more on establishing a corporate joint venture, see Practice Notes: Setting up a corporate joint venture-initial considerations and Setting up a joint venture-choice of structure. For guidance on documenting a corporate joint venture, consult Practice Notes: Documenting the corporate joint venture and The joint venture agreement, and...
CASE HUB ARCHIVED -this archived case hub reflects the position at the date of the judgment of 10 November 2022; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline An appeal was brought against the General Court’s ruling in Case T- 732/16, which had allowed an appeal challenging the Commission’s 4 July 2016 decision that aid granted to three Valencia football clubs constituted unlawful State aid ( SA.36387). Latest developments On 9 November 2022, the Court of Justice handed down its judgment, rejecting the appeal in full and confirming that the General Court’s decision should stand. It clarified that, by issuing the 2008 Guarantee Notice, the Commission had undertaken to check whether a suitable market benchmark for a guarantee premium existed and, if none was available, whether there was a market price for a comparable loan without a guarantee, before turning to the...
Frontier worker permit scheme The frontier worker permit scheme enables EEA and Swiss nationals who are mainly resident overseas but who carried out employment or self-employment in the UK before IP completion day (11 pm on 31 December 2020) to continue entering the UK to work, without needing permission under the post- Brexit immigration system. Holders keep protection so long as they remain primarily resident outside the UK (as defined), and this route is not designed to lead to settlement. A person with pre-settled status under the EU Settlement Scheme ( EUSS) can apply for a frontier worker permit where it is clear they will not satisfy the residence requirement for settled status. Demand has been higher than first expected, with 6733 permits granted in the year ending June 2021. It is an option that should always be considered where a UK business wants an EEA or...
ARCHIVED: This case tracker is archived and not maintained. It lists key pensions judgments from 2021, arranged by topic. Entries are grouped by subject, with topics shown in the Table of Contents to the left of the page. Discrimination MH and ILA ( Droits à pension en cas de faillite) Full name: BJ and OV, joint trustees in bankruptcy of Mr M v Mrs M, MH, ILA, Mr M Citation: C-168/20 Court: Court of Justice of the European Union ( CJEU) Judgment Date: 11 November 2021 Representation: D. J. Rhee QC, C. Harrison ( Barrister), and I. Gill ( Solicitor) for BJ and OV, joint trustees in bankruptcy of Mr M; G. Peretz QC, J. Briggs ( Barrister), and S. Gilchrist ( Solicitor) for Mrs M, MH, ILA and Mr M; L. Armati, L. Malferrari and M....
The Government Authorised Exchange ( GAE) route The Government Authorised Exchange ( GAE) route enables individuals to come to the UK on a short-term basis via Home Office-approved exchange schemes. These schemes fall into four programme types: Work experience, encompassing volunteering, job shadowing, and internships Training in science and/or medicine, or instruction delivered by HM Armed Forces or UK emergency services Research and fellowships for participants engaged in scientific, academic, medical, or government research at a UK Higher Education Provider or another research institution operating with the approval of a relevant government department Participation in an overseas government language programme For work experience schemes, the maximum permitted stay is 12 months, while all other programme types allow up to 24 months. The GAE route sits within the Temporary Worker category. Under the pre- Brexit Points- Based System, and up to 30...
The Pensions Regulator ( TPR) operates two enforcement strategies: one enforcement strategy detailing how TPR undertakes enforcement across its functions other than automatic enrolment, and a distinct compliance and enforcement strategy aimed at employers with automatic enrolment obligations. Together, these describe the outcomes TPR pursues and the means to deliver them, all to strengthen safety and security for pension savers. TPR also maintains a prosecution policy setting out how it will deal with criminal offences linked to occupational pensions. The enforcement and prosecution policies sit beneath its TPR scheme management enforcement policy, which states the overarching aims of its enforcement activity and offers insight into the framework TPR applies when choosing cases for enforcement action. In November 2024, TPR stated that the swift expansion in the scale of occupational pension schemes meant members should be protected from systemic risk through a more...
It should be borne in mind that Brussels I (recast) may still be pertinent to proceedings issued on or after 1 January 2021, where they are connected to earlier proceedings begun before that date (see Articles 29 to 31 of Regulation ( EU) 1215/2012, Brussels I (recast)). Defining and identifying jurisdiction Jurisdiction denotes the authority of a court, for our purposes in England and Wales, to hear and decide a claim. It is separate from the governing law of the claim. The courts of England and Wales may have jurisdiction to hear a claim, but this does not invariably mean that the applicable law is English law. For guidance on the various regimes for determining the applicable law, see Practice Note: Choice of law in foreign accident claims. Jurisdiction concerns whether the claim can properly be brought in England and Wales. There are clear benefits for an...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment of 31 January 2023 and is no longer updated. See further: Timeline Case facts Outline Appeal against the General Court’s preliminary judgment of 24 February 2021 in Case T‑161/18, which rejected the Commission’s plea of inadmissibility regarding the Commission’s decision of 4 July 2017 approving Italy’s scheme to support the recapitalisation of Banca Monte dei Paschi di Siena as compatible with State aid rules ( SA.47677). Latest developments On 31 January 2023, the Court of Justice delivered judgment diverging from Advocate General Rantos and the General Court. It found that the measures cited in the Commission’s decision were neither imposed nor made binding by that decision. Rather, they were solely national steps, notified by Italy under Article 108(3) TFEU on its own...
This Checklist This Checklist is aimed at professionals advising financial services businesses (credit and financial institutions, cryptoasset exchanges and custodian wallet providers) on meeting the UK’s anti-money laundering ( AML) and counter-terrorist financing ( CTF) legal and regulatory regime. It focuses on the record-keeping obligations for customer due diligence ( CDD)-often referred to as ‘ Know your customer’ ( KYC)-together with data protection considerations under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692, regs 40 and 41 ( MLRs), and under Financial Conduct Authority ( FCA) rules. The Checklist brings together regulatory guidance issued by the FCA and the Joint Money Laundering Steering Group ( JMLSG), and reflects guidance prepared for the insurance and banking sectors by the International Association of Insurance Supervisors ( IAIS) and the Basel Committee on Banking...
PI & Clinical Negligence horizon scanner- August 2021 [ Archived] Archived: This Practice Note is no longer maintained and is retained for reference only. It condenses the key legal developments relevant to personal injury and clinical negligence practitioners as at 2 August 2021. For the most up-to-date horizon scanner, please refer to PI and Clinical Negligence horizon scanning-overview. Coronavirus ( COVID-19) To keep abreast of swiftly changing court processes and procedures prompted by the pandemic-and for sector guidance on managing cases during this period, including medical examinations, service and limitation-see Practice Note: Coronavirus ( COVID-19) implications for PI and clinical negligence [ Archived]. For recent developments affecting PI and clinical negligence claims, see: NHS Coronavirus ( COVID-19) Clinical Negligence Protocol 2020 updated- LNB News 29/07/2021 73 Coronavirus ( COVID-19)- ABI further extends Statement of Intent to 13 August 2021- LNB News 13/07/2021...
FORTHCOMING DEVELOPMENT: Regarding the ‘ Earned Settlement’ plans, the Home Secretary stated in November 2025 that BN( O) status holders would retain a five-year route to settlement, set against a new default of ten years’ residence for the majority of other migrants. They must nevertheless satisfy the compulsory contribution criteria. At the date of writing, the Earned Settlement measures are still subject to consultation. The Hong Kong British National ( Overseas) ( BN( O)) visa pathway was brought in by the UK government in response to alterations to Hong Kong’s national security laws imposed by the Chinese authorities in 2020. For more on the background and the rollout of the route, see News Analysis: The UK’s decision to extend residence rights for British Nationals ( Overseas) citizens in Hong Kong. The route opened to all applicants on 31 January 2021. However, from 1 July 2020,...
ARCHIVED - this archived case hub reflects the position as at the judgment dated 27 January 2021; it is no longer maintained. See also timeline and related/relevant cases Case facts Outline A third‑party challenge before the General Court seeking to overturn the Commission’s second conditional approval of Liberty Global’s acquisition of Ziggo. Latest development On 27 January 2021, the General Court delivered its judgment and dismissed the appeal in full. Parties Applicant: KPN, a Dutch provider of fixed and mobile telecoms and TV services Defendant: European Commission (the Commission) Background Transaction On 27 January 2014, Liberty Global agreed to acquire the remaining shares and control of Ziggo for €10bn. At that time, Liberty Global already held 28.5% of Ziggo’s shares. Commission’s 2014 investigation The Commission was notified of the concentration on 14 March 2014. The matter was sent to a phase II review on 8 May 2014. During phase I, the Dutch...
CASE HUB ARCHIVED-this archived case hub reflects the position at the date of the judgment of 20 April 2023; it is no longer maintained. See further, timeline. Case facts Outline A reference from Spain sought clarification on the extent to which decisions of competition authorities-finding certain of the applicant’s supply agreements unlawful-bind domestic judges. Latest developments On 20 April 2023, the Court of Justice delivered its ruling confirming that: (i) as regards Article 101 TFEU (given effect by Article 2 of Regulation 1/2003 and interpreted alongside the principle of effectiveness), where a final decision of a national competition authority identifies a breach of competition law, that infringement is to be treated as proven by the claimant in actions for damages or for a declaration of nullity unless disproved by the defendant; this holds only if the nature of the infringement and its material, personal, temporal and...
ARCHIVED - this archived case hub reflects the position at the date of the judgment of 15 July 2022; it is no longer maintained. See further, timeline. Case facts Outline of the CAT’s judgment concerning a standalone damages claim alleging abuse of a dominant position in the UK market for the sale and hire of academic dress for graduation ceremonies, said to result from exclusivity agreements. Latest development On 15 July 2022, the CAT handed down its judgment. The two applications before the CAT related to follow-on damages claims concerning the infringement identified in the Commission’s 2016 decision. The application brought by the claimants was filed on 26 June 2020. Parties Claimants Churchill Gowns Limited Student Gowns Limited (together, Churchill) Defendants Ede Ravenscroft Limited ( ERL) Radcliffe & Taylor Limited ( R& T) WM. Northam & Company Limited ( Northam) Irish Legal and Academic Limited ( ILA) (together, the E&...
Status of the UK This document has been archived and is no longer updated. From exit day (31 January 2020) the UK ceased to be an EU Member State. Nonetheless, under the Withdrawal Agreement, the UK moved into an implementation period during which EU law continued to apply. During that time, EU law continued to bind the UK. In many Brexit SIs, references to exit day should be construed as referring to IP completion day ( Implementation Period completion day, as defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For more information, see News Analysis: Brexit-impact of the Withdrawal Agreement and European Union ( Withdrawal Agreement) Act 2020 for R& I lawyers and Brexit Bulletin-key updates, research tips and resources. This Practice Note examines the implications of Brexit for...
Having an online presence is essential for most brands. Most brands now market and sell online, either through their own sites or via marketplaces like e Bay and Amazon. They may boost visibility with key word advertising and maintain social profiles on Instagram, Facebook, X (formerly Twitter), You Tube or Tik Tok, often collaborating with influencers to build recognition. To safeguard reputation and make effective use of these channels, it is vital that IP rights are properly secured and enforced. As a result, a dedicated online brand protection strategy is indispensable for any business operating on the internet. This Practice Note provides guidance for brand owners developing an online protection plan. It highlights the key online risks-such as IP infringement and reputational harm-and proposes practical steps to address them. It outlines approaches to brand protection, portfolio management, compliance and ongoing monitoring. It also examines...
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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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