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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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Advertising and marketing- Turkey- Q& A guide [ Archived, 2022 edition] This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Turkey, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA- Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The overarching rules for advertising in Turkey are laid down in Law No. 6502 on the Protection of Consumers ( Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, grounded in the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Moreover, further legislation and secondary rules contain specific, bespoke provisions for differing media channels and product categories. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on...
Tax Brexit News Analysis Lexis Nexis® Tax has issued News Analysis on a range of matters concerning the implications of Brexit, summarised below. 11/04/2023 - The Windsor Framework Tax analysis: The agreement between the UK and EU to revise the Northern Ireland Protocol, ‘ The Windsor Framework’, signals substantial shifts to trade with Northern Ireland and carries consequences for VAT and excise provisions. Announced by the UK government on 27 February 2023, it seeks to resolve perceived deficiencies arising from the Protocol. This article explores updates to the new UK internal trade scheme, the roll-out of green and red lanes, and the VAT and excise position for goods. Produced in partnership with Mark Rowbotham MA FCILT of Portcullis ISC. 23/03/2022 - Court of Appeal rules pre- Brexit references to the Court of Justice remain binding on UK courts ( HMRC v Perfect) Tax analysis: In Perfect, the Court of...
A benevolent fund is an institution, including a body of trustees, that holds money on trust to alleviate poverty within a defined class of individuals. The connection between members of that class might be: a shared employer (as in Gibson) a common trade or profession membership of a particular members’ club (as in Re Young) an unincorporated association or friendly society (as in Re Buck) a common family member - the ‘poor relations’ cases (as in Re Compton) Most benevolent funds are registered charities. However, a benevolent fund will only be charitable, with all the associated advantages of charitable status (not least in relation to taxation), if it meets the requirements of the Charities Act 2011 ( CA 2011). Benevolent funds can be set up, and accumulate their assets, in a variety of ways, as...
The EU has set ambitious goals to realise ‘ A Europe Fit for the Digital Age’, steering the Union’s digital transformation. Counted among the six European Commission priorities for 2019–2024, this Practice Note outlines the principal measures advanced by the Commission to meet this aim. For fuller detail on headline EU digital actions, see Practice Note: Key EU digital initiatives-summary. Timeline On 19 February 2020, the European Commission adopted ‘ Shaping Europe’s Digital Strategy’, a policy roadmap for the Union’s digital overhaul. This was followed on 9 March 2021 by the Communication ‘2030 Digital Compass: the European way for the Digital Decade’ ( Digital Compass Communication), which set out a vision to secure a successful EU digital transition by 2030. The 2030 targets rest on four cardinal points: digital skills digital infrastructures digitalisation of businesses ...
This Practice Note outlines guidance on altering, terminating or renewing a guardianship for a missing person under the Guardianship ( Missing Persons) Act 2017 ( G( MP) A 2017). For details on applying to appoint a guardian under G( MP) A 2017, see Practice Note: Making an application to appoint a guardian to manage the property and financial affairs of a missing person. For guidance on working under a guardianship order, the powers and responsibilities of a guardian, and how the Office of the Public Guardian ( OPG) oversees guardians, see Practice Note: Acting as a guardian for a missing person. Amending a guardianship order While a guardianship order is in force, circumstances may arise showing its terms are no longer suitable. The court may modify the order if satisfied that: the individual whose property or financial affairs are subject to the order remains...
The government brought the Building Safety Bill (the Bill) before Parliament in July 2021, aiming to act on the recommendations and principles set out in Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety, and to tackle pressing building safety concerns exposed by the Grenfell Tower fire in July 2017. The government said the Bill would deliver the most significant overhaul of building safety regulation in a generation. The Bill secured Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 ( BSA 2022). BSA 2022 makes fundamental changes to the legal and regulatory framework for building safety, intended to protect people in or around buildings and to raise building standards. Although, by virtue of BSA 2022, s 169(1), the Act extends to England and Wales, the parts of BSA 2022 addressed in this Practice Note do not apply in Wales (see BSA...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker sets out the present position and latest developments in significant cases of interest to corporate practitioners where judgment was given, or anticipated, in 2022. It includes leading matters before the High Court, the Court of Appeal and the Supreme Court. It is not a complete catalogue of cases heard in 2022. The tracker is organised into two sections: Ongoing cases, that is, matters subject to appeal Recent cases, arranged with the newest first For these purposes, CA 2006 denotes the Companies Act 2006. Ongoing cases Vald. Nielsen Holding A/ S v Baldorino [2019] EWHC 1926 ( Comm) Next court: Court of Appeal Subject: Share...
CASE HUB ARCHIVED -this archived case hub reflects the position as at the judgment of 17 February 2021 and is no longer maintained. See further, timeline, commentary and relevant/related cases. Case facts Outline An action for annulment before the General Court against the European Commission’s decision of 11 April 2020 approving a Swedish loan guarantee scheme to aid airlines under the Temporary Framework for State aid to support the economy during the COVID-19 outbreak ( SA.56812). Latest developments On 17 February 2020, the General Court delivered its judgment, rejecting the appeal in its entirety. It concluded, among other findings, that confining aid to airlines established in Sweden was suitable and proportionate, and that the scheme’s conditions did not exceed what was necessary to achieve its aims. The objectives were consistent with either Article 107(3)(b) or Article...
This Practice Note is aimed at commercial organisations in the UK. It explains the requirement to appoint a European representative under the EU GDPR. That requirement applies to most UK organisations that: do not have any EEA offices, branches or other establishments, and offer goods or services to, or monitor the behaviour of, individuals in the EEA It reflects the requirements of the EU GDPR, ICO guidance on European representatives and EDPB guidelines on the territorial scope of the GDPR. It also briefly addresses the parallel duty under the UK GDPR for EU organisations that do business in the UK to appoint a representative in the UK. When are you required to appoint a representative? You must appoint a European representative if you: are based in the UK have no offices, branches or other establishments in the EEA, and offer goods or...
This Practice Note offers practical, hands-on and accessible guidance on absorption and circumvention reviews carried out in anti-dumping inquiries and investigations. It sets out the legal foundations underpinning these reviews, explains how applications are made and how reviews are initiated, and outlines their conduct together with the range of possible outcomes that may follow. Introduction Once anti-dumping duties are in place, some exporters may attempt to sidestep them in practice, in real terms. One scenario is the imposition of an ad valorem anti-dumping duty, as an illustration. For direction on ad valorem duties, see Practice Note: An introduction to Trade in Goods. Typically, an ad valorem anti-dumping duty is stated as a percentage, commonly of the Free on Board ( FOB) price at export. Exporters can then blunt the duty’s effect by cutting their FOB prices further. This shows that an exporter can absorb the impact of a...
Meaning of solvent Rules governing payment of a deceased person’s debts, together with funeral and testamentary expenses, depend on whether the estate is solvent or insolvent. An estate is treated as solvent when its assets are enough to meet, in full, funeral, testamentary and administration expenses, plus all debts and liabilities. Whether legacies can be settled in full is immaterial when determining solvency. Where there is uncertainty about solvency, the personal representatives ( PRs) should consider applying the statutory hierarchy for insolvent estates in Schedule 6 to the Insolvency Act 1986, which prescribes the priority for paying the deceased’s debts and funeral and testamentary expenses. For guidance on that statutory order, see Practice Note: Payment of debts-insolvent estate. In a solvent estate, the rules for allocating debts and liabilities are contained in section 34 of the Administration of Estates Act 1925 ( AEA 1925). AEA 1925, Sch 1 Pt II...
1. What is the applicable legislation? Key laws regulating inbound investment in Portugal comprise: Regulation ( EU) 2019/452 of the European Parliament and of the Council of 19 March 2019, setting a framework for screening foreign direct investment into the Union ( EU FDI Regulation 2019), as updated by Commission Delegated Regulation ( EU) 2021/2126 of 29 September 2021 Regulation ( EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies that distort the internal market Legal Framework for National Strategic Assets, adopted by Decree- Law No. 138/2014 of 15 September 2014 ( Decree- Law 138/2014) Portuguese Companies Code, adopted by Decree- Law No. 262/86 of 2 September 1986, as amended In addition, several bilateral investment treaties ( BITs) can apply depending on the investor’s jurisdiction; Portugal has concluded these to mutually protect...
This Practice Note outlines the organisational, valuation and delegation obligations that stem from the Alternative Investment Fund Managers Directive ( Directive 2011/61/ EU) ( AIFMD). In the UK, these obligations were carried into law by the Alternative Investment Fund Managers Regulations 2013, SI 2013/1773 ( AIFM UK Regulations) and the Financial Conduct Authority ( FCA) Handbook-most notably the Investment Funds sourcebook ( FUND)-and are further supported by Assimilated Regulation ( EU) 231/2013 ( UK AIFM Level 2 Regulation). For a comprehensive summary of the UK AIFM regime, see Practice Note: UK regulation of alternative investment fund managers-essentials; for the corresponding EU AIFMD position, see Practice Note: EU AIFMD-organisational, valuation and delegation requirements. UK implementation of AIFMD organisational, valuation and delegation requirements AIFMD was put into effect in the UK through a mix of primary legislation in the Financial Services and Markets Act 2000 ( FSMA 2000),...
Introduction to anti-dumping duties Anti-dumping measures have featured in cross-border trade long before the World Trade Organisation ( WTO) came into being. Domestic anti-dumping laws trace back to the early 20th century. Before the WTO existed, the 1947 General Agreement on Tariffs and Trade ( GATT) included Article VI, which addressed dumping. That provision laid down rules on dumping and the levying of anti-dumping duties. The WTO’s Anti- Dumping Agreement takes its name from GATT 1947 Article VI, and is formally titled the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. Article VI of GATT 1947 was debated extensively and negotiated during several negotiating rounds ahead of the WTO’s creation. Among the outcomes was an Anti- Dumping Code concluded in the 1967 Kennedy Round, later updated in the 1979 Tokyo Round. These efforts ultimately led to the WTO’s Anti-...
January 2022 Date Event 4 January 2022 The National Security and Investment Act 2021 comes fully into effect, together with its accompanying regulations: National Security and Investment Act 2021 ( Monetary Penalties) ( Turnover of a Business) Regulations 2021, SI 2021/1262; National Security and Investment Act 2021 ( Procedure for Service) Regulations 2021, SI 2021/1267; and National Security and Investment Act 2021 ( Notifiable Acquisition) ( Specification of Qualifying Entities) Regulations 2021, SI 2021/1264. See the Government press release and the Practice Note: FAQs for insolvency professionals on the National Security and Investment Act 2021. 12 January 2022 The Prudential Regulation Authority ( PRA) issues policy statement PS1/22, responding to consultation paper CP16/21 and setting out the updated statement of policy on the PRA’s approach to insurance business...
ARCHIVED This archived practice note compiles material on fiscal developments across the 2021–22 tax year, beginning with the release of draft clauses for Finance Bill 2022 ( FB 2022) and running through to the Bill’s progression in parliament as the Finance Act 2022 ( FA 2022). It is not updated and is provided purely for background reference. For further details on the yearly Budget and Finance Bill cycle, see Practice Note: The Budget and Finance Bill process... Finance Act 2022 Finance Bill 2022 (formally the Finance ( No 2) Bill, as it was the second Finance Bill of the 2021–22 Parliamentary session, and also referred to as Finance Bill 2021–22) was issued on 4 November 2021. It received......
Personal representatives ( PRs) frequently encounter cross-border estates where the person who has died held assets overseas, was living outside the UK, had international ties (such as nationality, residence or domicile), or where beneficiaries are based abroad. PRs dealing with such matters need practical guidance on administering the estate of a foreign domiciliary who owned property in the UK, as well as the principal considerations when an English domiciliary’s estate contains assets situated overseas. This Practice Note explores the consequences for administering an estate where the deceased was domiciled outside the UK but held UK property. For additional guidance on estates that include foreign situs assets, see Practice Note: Administration of estates-foreign assets. Residence-based IHT regime Until 6 April 2025, an individual’s domicile determined, among other matters, the scope of their inheritance tax ( IHT) exposure. The Finance Act 2025 ( FA 2025) replaces...
Procedure for obtaining a default judgment This Practice Note sets out how to secure a default judgment (also termed judgment in default, judgment in default of acknowledgement of service, and judgment in default of defence). It clarifies that you may proceed by filing a request on the appropriate practice form or by making a formal application under the CPR 23 regime, and identifies when each route is appropriate. It also details the correct steps for a request or an application and the supporting evidence required, together with adjustments to the default judgment process in the Commercial Court and the Circuit Commercial Court. For when the court may enter default judgment, see Practice Note: Obtaining default judgment-general principles. For the character of a default judgment and the forms of judgment available in default, see Practice Note: Default judgment-the judgment itself. Note that this Practice Note deals only with the...
Brexit-related legislation of relevance to employment practitioners ARCHIVED: This archived Practice Note helps you keep abreast of Brexit-linked legislation relevant to employment practitioners that is due or already in force. For general employment law developments, see: Legislation tracker-employment. Where appropriate, links to news reports offering full information on the relevant legislation are included. Commencement date (unless otherwise indicated) By 31 December 2023 (other provisions subject to commencement orders) - Retained EU Law ( Revocation and Reform). Under the Retained EU Law ( Revocation and Reform) Bill (previously the Brexit Freedoms Bill), the special status of retained EU law within UK law will end from late 2023. Retained EU law includes the Working Time Regulations 1998, the Equality Act 2010, TUPE 2006, the Agency Worker Regulations 2010 and the Part-time Worker Regulations 2000. The Bill enables the government to specify, amend, repeal and...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment dated 4 May 2022 and is no longer updated. For more detail, see the timeline and relevant/related cases. Case facts Outline A plea seeking annulment of the Commission decision ( SA.34572) that found multiple guarantees granted to Larko to be unlawful State aid; the case was returned to the General Court following the Court of Justice’s ruling in Case C‑244/18. Latest developments On 4 May 2022, the General Court delivered its judgment, dismissing the appeal. Parties Appellant: Larko Geniki Metalleftiki kai Metallourgiki AE ( Larko) Respondent: European Commission (the Commission) Background Larko is a major enterprise focused on extracting and processing laterite ore, mining lignite, and producing ferronickel and related by-products. It was created in 1989 as a new company following the winding-up of Hellenic Mining and Metallurgical SA. At the material time, Larko had three...
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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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