Featured documents
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Most recent Practice notes
The elements of the offence of speeding Section 89 of the Road Traffic Regulation Act 1984 sets out the offence of driving above a prescribed speed limit. The essential components are that: an individual operates a motor vehicle on a road at a speed beyond a limit set by, or under, any enactment to which this section applies The applicable enactments include those within the RTRA 1984 itself and any other enactment made after 1 September 1960. This offence is summary only and so is dealt with in the magistrates’ court. Offences of exceeding the speed limit in the 1984 Act are divided into four classes: exceeding limits on roads restricted to 20, 30, 40 or 50 mph breaching temporary limits of 70, 60 and 50 mph on roads other than motorways exceeding, on any road, the limit...
Specific performance Where a party to a property contract does not honour its obligations, the other side may seek an order compelling performance. Specific performance is an equitable, discretionary remedy that, if granted, requires a party to fulfil a contractual duty. This note outlines when a court will, and will not, make such an order. The remedy is available at the court’s discretion where an award of damages would be inadequate, or where specific performance would achieve ‘more perfect and complete justice’. Given the distinctive character of land, buyers or tenants may prefer this remedy when a seller or landlord fails to complete. As a general rule, agreements granting interests in land are ordinarily susceptible to specific enforcement. Up to completion, the seller holds the property on constructive trust for the buyer. That position is particularly valuable on the seller’s insolvency, as the buyer may assert a...
NOTE—to verify whether notification thresholds in Spain and worldwide are fulfilled, refer to: Where to Notify. 1. Have there been any recent developments regarding the Spanish merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Spain? On 28 April 2021, Royal Decree- Law 7/2021 of 27 April ( RD 7/2021) was issued, modifying the Spanish Competition Act ( Law 15/2007, of 3 July 2007, on the Defence of Competition, or LDC). RD 7/2021 sought to transpose several EU directives into Spanish law, notably Directive ( EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 ( Directive 2019/1), strengthening the competition authorities of the Member States. Its purpose was to ensure EU requirements were fully reflected in domestic legislation. That said, the changes RD 7/2021 introduced into the LDC had no...
An undertaking is a solicitor’s binding assurance to act. The courts may enforce it against the solicitor. Breaching an undertaking may amount to professional misconduct, exposing the solicitor to SRA or SDT disciplinary measures. See Practice Note: Undertakings and the SRA. That Practice Note sets out what may amount to an undertaking. The court’s powers concerning undertakings are set out in Practice Note: Undertakings and the court. It is, therefore, a serious professional obligation. SRA definition For the purpose of the SRA, an undertaking is: a statement, made orally or in writing (even if it does not use the term 'undertake' or 'undertaking') addressed to a person who reasonably relies upon it that you, or another party, will do or procure something, or refrain from an act Every element must be present for an undertaking to arise. Without them, no...
This Practice Note Addresses defamation in the sphere of social media. It considers when individuals, internet service providers ( ISPs), website operators and employers could incur liability for defamatory material, and outlines defences available under the Defamation Act 1996 ( De A 1996), the Electronic Commerce ( EC Directive) Regulations 2002 ( E- Commerce Regulations 2002), SI 2002/2013, the Defamation Act 2013 ( DA 2013) and the Defamation ( Operators of Websites) Regulations 2013 ( DOW Regulations 2013), SI 2013/3028. The internet, and social media in particular, is a high-risk arena for defamation disputes. Posts on blogs, internet forums, online newspaper comment areas and well-known social networking platforms such as Facebook and X (formerly Twitter) can be inaccurate and malicious in nature. Anonymity prompts some people to abandon the normal cautions they would apply to other forms of publication. For a...
This Practice Note It sets out what a smart legal contract (often called a smart contract) is, both as a technological tool and as a binding legal device, and summarises the Law Commission’s guidance to the UK government, which found that the existing UK legal framework can enable and underpin the use of smart legal contracts. It outlines the legal concepts relevant to contract formation, form, formalities and interpretation under UK law, and contrasts their conventional application with how, according to the Law Commission, they might apply to the principal categories of smart legal contract. The Practice Note covers: • What is a smart legal contract? • Distributed ledger technology ( DLT) • Enforceability under UK law • The formation of smart legal contracts • Agreement (including offer and acceptance) • Consideration • Certainty and completeness • Intention to create legal relations •...
What is a SSAS? A SSAS is an HMRC-registered pension arrangement designed to deliver defined contribution ( DC) benefits for no more than 11 members, typically within smaller, family-run or closely managed companies. As a result, the membership commonly comprises the company’s proprietors alongside other key or senior staff, and may include their close relatives even where those relatives are not employees. SSASs are usually created by the sponsoring employer as trust-based occupational schemes. Members are required to act as the scheme’s trustees; however, a professional trustee can be appointed to help with administration. If no professional trustee is engaged, the member trustees often retain an actuarial consultancy to advise on running and administering the scheme. Contributions can be paid by members and/or the employer. Because it is a registered pension scheme, contributions qualify for tax relief. For more detail, see Practice Note: Member and...
This Practice Note considers costs in the small claims track ( SCT) Handled under Part 27 of the CPR, this Practice Note reviews how costs operate on the SCT. It explains the scope of CPR 27.14(2) and provides guidance on the way the courts have interpreted those provisions. It also addresses rare scenarios in which a successful claimant may recover costs by relying on a contractual entitlement. Note, this Practice Note considers: The transitional CPR provisions for proceedings issued before 1 October 2023 (excluding personal injury and disease cases). The position under the current rules for proceedings issued on or after 1 October 2023 (excluding personal injury and disease cases). For personal injury, the transitional regime where the cause of action accrued prior to 1 October 2023. For disease claims, the transitional regime where the letter of claim was sent to the...
This Practice Note sets out circumstances in which you may opt to, or be directed to, appoint a single joint expert ( SJE) pursuant to CPR 35.1 and CPR 35.2(2). It surveys issues of selection, appointment, instruction, conduct, fees, and any track- or court-specific guidance. It also offers guidance on contesting an SJE’s conclusions. The Note further addresses the manner in which an SJE’s evidence is provided to, and relied upon by, the court, including through written questions and cross-examination. Experts and those instructing them should have regard to: all relevant CPR Rules and Practice Directions the Guidance for the instruction of experts in civil claims ('the Guidance') Practice Direction Pre- Action Conduct and Protocols, para 7 This Practice Note should be read alongside: Instructing an expert under the Guidance for the instruction of experts in civil claims ...
1. What is the applicable legislation? Singapore maintains a comparatively liberal approach to inbound investment across the region. The Significant Investments Review Act 2024 ( SIRA 2024) regulates foreign capital into ‘designated entities’ to protect Singapore’s national security. Alongside SIRA 2024, certain industries are governed by sectoral statutes that apply to fresh investments in regulated fields and activities—for example, banks, financial institutions, or ownership within the newspaper publishing sector—as elaborated below. 2. Which government or other body (or bodies) reviews foreign investments? The Ministry of Trade and Industry ( MTI) oversees trade and investment matters and aims to keep Singapore’s economy competitive and attractive to investors. Housed within MTI, the Office of Significant Investments Review administers SIRA 2024. The Economic Development Board, MTI’s lead agency, designs investment promotion strategies and plans to grow Singapore’s economy, and helps to facilitate and support foreign investment into...
Singapore’s dual arbitration regime Singapore operates a dual-track arbitration framework (as noted in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2015] 4 SLR 646 at [32] (not reported by Lexis Nexis® UK)). This reflects the coexistence of two statutes that address distinct categories of arbitration within and beyond Singapore. The Singapore Arbitration Act 2001 (2020 Rev Ed) governs domestic references, while the Singapore International Arbitration Act 1994 (2020 Rev Ed.) regulates international arbitrations, whether the seat is Singapore or elsewhere, including cases seated abroad as appropriate. Section 5(2) of the IAA prescribes when an arbitration counts as international. Under both s 6 of the AA and s 6 of the IAA, the Singapore courts may stay court proceedings where a party to an arbitration agreement brings litigation against another party to that agreement. The court’s power is...
English company law recognises a core rule that a limited company with share capital must preserve that capital. Accordingly, a company must not reduce its capital other than as permitted by law. The rationale for this capital maintenance rule is to protect a company’s creditors by ensuring that the assets representing the company’s capital remain available to them for future recourse. Under the Companies Act 2006 ( CA 2006), a limited company with a share capital may reduce its capital by: redeeming its shares in accordance with the rights attached to them and CA 2006, Pt 18, Ch 3 purchasing its own shares in accordance with CA 2006, Pt 18, Ch 4, where that purchase is followed by a cancellation of those shares acquiring its own shares otherwise than for valuable consideration, or a purchase of own shares in pursuance of a court order referred to in CA 2006, s...
The 'old' law and the current law The old framework divides into three eras, determined by the date of the alleged offence. Dates determine which statutory regime applies. 1 January 1957–21 December 1976: governed by section 1 of the Sexual Offences Act 1956 ( SOA 1956) 22 December 1976–2 November 1994: governed by section 1 of the Sexual Offences ( Amendment) Act 1976 ( SO( A) A 1976) 3 November 1994–30 April 2004: governed by SOA 1956, s 1 (as amended by the Criminal Justice and Public Order Act 1994) The current law applies as follows: From 1 May 2004 onwards: section 1 of the Sexual Offences Act 2003 ( SOA 2003) As historic sexual offences continue to be prosecuted under the previous legislation, this Practice Note outlines the earlier law together with the present position under SOA 2003, s...
Undertakers’ powers to lay pipes The powers available to a sewerage undertaker to install sewers, lateral drains and disposal mains are set out in sections 158 and 159 of the Water Industry Act 1991 ( WIA 1991). An undertaker may invoke these powers both within, and beyond, its own area of operation. Those powers apply both inside and outside its area. For the purposes of the WIA 1991, any mention of a pipe—including a main, drain or sewer—also covers a tunnel or conduit that serves, or is intended to serve, as that pipe, together with any fittings or accessories for it. References to laying a pipe extend to building such a tunnel or conduit, to constructing or installing those fittings or accessories, and to forming a connection from one pipe to another. This expressly includes the making of a connection between one pipe and...
A sewerage undertaker is the company named by the Secretary of State or Ofwat to act as the sewerage undertaker for the territory described in its instrument of appointment under section 11(1) of the Water Act 1989, as preserved by section 6(1) of the Water Industry Act 1991 ( WIA 1991). The appointed undertaker may carry out its functions within the boundary depicted on the Sewerage Services Area Map attached to that instrument. Any dispute about the limits of an undertaker’s area is decided by Ofwat, in line with Condition A7 of the Instrument of Appointment. Within its area, the undertaker must provide sewerage services pursuant to its duty under WIA 1991, s 94. ‘ Sewerage services’ covers the disposal of sewage and any other services that a sewerage undertaker is required to deliver for the purpose of fulfilling its...
This Practice Note explores when and for what reasons you ought to pursue settlement of disputes, and the implications of failing to try to settle when directed to do so. For direction on who should participate in settlement discussions, the form a settlement might take, how it should be recorded, and the means of enforcement, consult the materials in this subtopic, including the following Practice Notes: Settling disputes—who, confidentiality and subject to contract Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement Settling disputes—drafting the settlement agreement Resolving disputes concerning settlement agreements What is settlement? A settlement is the product of agreement between the disputing parties to compromise and/or conclude the litigation, or to resolve matters where no proceedings have yet started. It comes about when one party makes an offer that is accepted by the other or others. Not all parties to the...
This Practice Note examines the impact of a settlement agreement on ongoing litigation, whether settlements can bar further litigation (and the exceptions to that), safeguarding future claims by carving them out of the settlement agreement, when a settlement can bind third parties, passing on settlements to other parties, and when a settlement agreement can release fraud-based claims. For guidance on interpreting settlement agreements, see Practice Note: Settlement agreements—interpretation. The estoppel and release In the setting of proposed or ongoing proceedings, the release clause in a settlement agreement operates to discharge one party from liability arising out of the subject matter of the dispute. There are numerous formulations of a release clause, some markedly longer than others, and many achieving the same effect with different wording in practice. In essence it covers: a full and final resolution an agreement not to sue a waiver and release of the claim (and...
Where a claimant has obtained judgment because a defendant failed to lodge an acknowledgment of service or a defence (a default judgment or judgment in default), the defendant may invite the court to exercise its discretion to set aside that judgment, even though it was properly entered. For detailed guidance, consult the following Practice Notes: Practice Note: Setting aside default judgment—mandatory grounds ( CPR 13.2) Practice Note: Setting aside default judgment—making the application Practice Note: Obtaining default judgment—general principles This Practice Note offers direction on interpreting and applying the relevant CPR provisions. Depending on the court dealing with your case, further requirements may apply—see the section Court specific guidance below. The court’s discretionary power to set aside default judgment Under CPR 13.3, the court has a discretionary power to set aside or vary a default judgment......
Set-off remains a nuanced but significant doctrine across litigation and a wide range of transactions. Both independent set-off and transaction set-off may serve as defences in legal proceedings. For further detail, see Practice Notes: Independent set-off and transaction set-off and Pleading set-off. In commercial contexts, transaction set-off is a key entitlement for a party asserting breach of contract to resist a demand for payment under that contract. Parties to a contract can also make express provision for set-off in their written terms, either widening or curbing the extent of mutual rights to set off. For more information, see Practice Note: Contractual set-off. Within finance deals, contractual set-off, insolvency set-off and banker's set-off are often central. For more information, see Practice Note: Set-off in finance transactions. The construction industry also relies on set-off to help regulate cash flow. For more...
This Practice Note reviews set-off provisions in leases and whether, following an assignment, a tenant may rely on a claim against an incoming landlord. A tenant may, at law, set off liquidated damages and, in equity, unliquidated damages for the landlord’s breach of covenant against rent falling due under the lease. In most leases, this ability to set off or make deductions is excluded by clear express terms. The Practice Note also examines whether a tenant can withhold rent or service charge where the landlord is in breach of the lease. A tenant is entitled: in certain circumstances at law, to set off liquidated sums; and in equity, to set off, including unliquidated damages for breach of covenant by the landlord, against rent accruing under the lease. However, the right to set off is commonly removed by express language. It is...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
