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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 offers direction on applying for a Norwich Pharmacal order ( NPO) to obtain disclosure of documents within civil proceedings where necessary. It details matters to consider before issuing and describes the alternative routes for bringing the application, namely by a Part 8 or Part 7 claim, or by a Part 23 application. This Practice Note gives assistance on construing and applying the pertinent provisions contained in the CPR properly. According to the court where the case is progressing, you may have to take account of further provisions—see: Court specific guidance below. This Practice Note explains the process for issuing an NPO application seeking disclosure of documents within the context of civil proceedings properly. The following resources may likewise prove helpful: for guidance on the nature of an NPO and circumstances for its use, see Practice Note: Norwich Pharmacal orders ( NPOs) for insight into the key...
This Practice Note condenses the law, guidance and practical approach to executing simple contracts and deeds. It highlights the main distinctions between deeds and simple contracts, pinpoints those transactions that must be effected by deed, and outlines the execution formalities for both. It also covers the need for signature, use of counterparts, dating, smart legal contracts, virtual execution and electronic signatures. We have created a comprehensive, interactive collection to help users recognise and navigate the concepts and recurring issues that arise when executing documents. Each section or phase provides practical guidance, precedent-style clauses and Q& As relevant to that stage. For further information, see: Execution collection. Creating contracts A contract is a binding agreement that confers rights and imposes obligations on two or more parties. There is extensive case law on contract principles which is not examined in detail here. Put simply, for a...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing on that day. Provisions addressing, among other things, handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other measures, dealing with notices from the Information Commissioner and certain aspects of law enforcement processing, began on 19 August 2025, two months after Royal Assent. Most remaining sections of DUAA 2025 require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 amend areas of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
Rule 19— Setting the scene This Resource Note summarises the key provisions of Rule 19 of The City Code on Takeovers and Mergers ( Code) and signposts relevant materials, commentary and guidance from the Panel on Takeovers and Mergers ( Panel), alongside Lexis+® UK analysis and resources, to offer practical guidance on interpreting and applying Rule 19. Code and Lexis+® UK resources Detailed Notes to the Code ( Notes), expanding on the intended implementation of the Rules, and relevant Appendices addressing specific issues Practice Statements issued by the Panel Executive (the body undertaking the day-to-day takeover supervision and Code regulation) ( Executive), providing informal guidance on how the Executive typically interprets and applies the Code Panel Statements published by the Panel ( P/ S) and Panel Instruments Public Consultation Papers ( PCP) and Response Statements ( RS) issued by the Code...
The nature of the award Where an injured person faces a handicap in the labour market because of a lingering disability caused by their injury, they can seek a head of loss commonly known as a Smith v Manchester award, taking its name from the case that popularised the claim. A Smith v Manchester award is sometimes characterised as compensation for reduced earning capacity. Following an injury, a claimant might resume their previous role on identical pay, or comparable employment on equal or higher wages. In such situations there may appear to be no immediate deficit, yet the claimant could, in fact, still be disadvantaged later; for instance, if they lose their current job, they may struggle to secure employment. A conspicuous eye or hand impairment may invite discrimination, or they may require absences for a painful back or forthcoming surgery. A Smith v...
This Practice Note sets out how to conduct a reasonable search for standard disclosure under CPR 31.7. It tackles core questions under the Civil Procedure Rules ( CPR): ‘ What is standard disclosure?’, ‘ What counts as a document?’ and ‘ What constitutes a reasonable search?’, addressing meaning, relevance, reasonableness and control by reference to the overriding principles. It also considers practical issues with back-up data, keyword searches and metadata. Business and Property Court claims This Practice Note does not cover the disclosure scheme operating in the Business and Property Courts. For guidance on that regime, see: Disclosure Scheme ( Business & Property Courts)—overview. Claims issued on or after 1 October 2015 in the Business and Property Courts may fall within, and/or be governed by, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For more on these, see...
There are three categories of suspect who might be interviewed: an individual not under arrest about whom a police officer has reasonable grounds to suspect has committed, or is committing, an offence. A constable may ask that person certain questions suspects held in police custody. The protections for those questioned while in custody are set out in the Criminal Justice ( Scotland) Act 2016 ( CJ( S) A 2016) a person who attends a police station or other location voluntarily to be questioned as a suspect. Where Police Scotland, or a regulatory body with powers to question, believes a corporate crime has been, or is being, committed, they will often invite an individual to attend for voluntary suspect questioning Powers to question different types of suspect Section 13 powers Section 13 of the Criminal Procedure ( Scotland) Act 1995 ( CP( S) A 1995) gives a...
1. What is the applicable legislation? The cornerstone of Poland’s foreign investment control is the Polish Law of 24 July 2015 on the control of certain investments (the Act on Investment Control 2015), together with the resolutions of the Polish Council of Ministers adopted under this regulation. Measures broadening and clarifying foreign investment oversight in Poland were first introduced on a temporary footing in response to the COVID-19 pandemic; as of 24 July 2025, however, the regime was made permanent. Aside from the Act on Investment Control 2015, there are a number of instruments not expressly designed as foreign investment controls but which, in practice, also impose practical constraints with respect to such transactions. These include: the Act of 6 March 2018 on the principles of participation of foreign business entities and other foreign persons in commercial practices within the territory of the...
Mutual legal assistance ( MLA) is the process through which states support one another with investigative and enforcement measures in criminal inquiries and proceedings. It covers assistance at both the investigative stage and during proceedings. Many MLA treaties ( MLAT) authorise assistance to restrain and confiscate the proceeds of crime. The domestic confiscation/restraint frameworks are set out in Parts 2–4 of the Proceeds of Crime Act 2002 ( POCA 2002), while POCA 2002, Pt 11 sets the regime for responding to incoming requests. For more information on MLA generally, see Practice Notes: Mutual legal assistance ( MLA) Mutual legal assistance—forms of assistance For detailed information on MLA in specific contexts, see Practice Notes: Mutual legal assistance—restraint and confiscation Mutual legal assistance—civil recovery POCA 2002 powers to create secondary legislation Sections 444 and 445 of POCA 2002 confer power to make secondary...
A defendant, the prosecution, or a court-appointed receiver may ask the Crown Court to lower a confiscation order where the funds available to satisfy it are insufficient. The court is required to reassess, as at the application date, what sum is actually available. If it finds the resources fall short, the court may replace the figure with a lesser sum it deems fair. For further guidance on reducing confiscation orders, see Practice Note: Confiscation orders—to vary or appeal. What is the power to revise a confiscation order upwards? Where, post-order, new material indicates the available amount exceeds the initial assessment, the prosecution or the appointed receiver can invite the Crown Court to revisit—and potentially raise—the available amount set by the order. Such uplifts commonly aim to remove the offender’s gain from crime when additional details emerge about assets or means traceable to unlawful...
Powers to impose planning conditions General enabling powers for local planning authorities ( LPAs) to attach conditions to the grant of planning permission are contained in the provisions of sections 70 and 72 of the Town and Country Planning Act 1990 ( TCPA 1990), while express powers to condition are also found in TCPA 1990, ss 73, 73A, 96A and Sch 5 Pt 1. The Secretary of State ( So S) likewise holds powers to impose conditions on appeal in TCPA 1990, ss 77, 79, 177 and Sch 6. Under TCPA 1990, s 70, where an application is lodged with the LPA for planning permission, the LPA may grant planning permission, either outright or subject to such conditions as they consider appropriate, or alternatively refuse planning permission......
Context Under section 57 of the Town and Country Planning Act 1990 ( TCPA 1990), planning permission is needed for the undertaking of any development of land. The term ‘development’ is set out in TCPA 1990, s 55(1) as: the undertaking of building, engineering, mining or other operations in, on, over or under land, or any material change to the use of buildings or other land Accordingly, consent is necessary for operational development and for material changes of use. See Practice Notes: Operational development and Material change of use. Who can apply for planning permission? Any person may submit a planning application for the development of land; the applicant need not own the land to which the application relates. However, the applicant must notify freehold and leasehold owners of the land concerned prior to submission of the planning application, see: Publicity of planning...
Costs in planning appeals do not follow the event Inspectors, the Secretary of State and the Welsh Ministers enjoy a broad statutory discretion to award costs against any party to an appeal. The Secretary of State and Welsh Ministers have also issued policy on costs awards, which is applied when appeal decisions are made... Government guidance on costs awards in planning appeals England In England, the applicable guidance is set out in Planning Practice Guidance: Appeals ( PPG)... Wales In Wales, the relevant guidance is contained in the Development Management Manual—section 12 Annex: Award of Costs (the DMM)... Purpose of costs awards in planning appeals An award of costs is an order requiring one party to pay another party’s costs, in whole or in part, incurred during the process by which the Secretary of State/ Welsh Ministers/inspector’s decision is reached. The order defines, in broad terms, the scope of the...
1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in the Philippines? Notification thresholds From 1 March 2026, the Philippine Competition Commission ( PCC) increased the compulsory merger notification thresholds in the Philippines to PHP 9.1bn for the turnover threshold and to PHP 3.8bn for the size of transaction threshold, up from PHP 8.5bn and PHP 3.5bn, respectively. Further details on these thresholds are set out in Question 4 below. Guidelines on Merger Remedies On 9 May 2024, the PCC adopted the Guidelines on Merger Remedies ( Guidelines), which outline the PCC’s approach to assessing remedies for mergers and acquisitions that, during review, are considered likely to lead to a substantial prevention, restriction, or lessening of competition ( SLC) in defined relevant markets. The Guidelines cover the design, choice, and...
At a convening hearing in March 2025, Petrofac Limited ( Petrofac) and Petrofac International ( UAE) LLC ( Petrofac International) sought approval for Part 26A restructuring plans, with sanction considered in April/ May 2025. A creditor minority successfully challenged the sanction in the Court of Appeal, which set the order aside. Petrofac then lodged a permission application with the Supreme Court and announced an agreement in principle with those dissentients, but later confirmed administrators were appointed over Petrofac Limited after the loss of a key customer. The principal points are summarised below (capitalised terms not defined here take the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For deeper insight into 2024 RPs, including metrics and commentary from leading figures in restructuring, see News Analysis: Market Insights Trend...
NOTE : On 2 December 2024, the Lord Chancellor confirmed a shift in the discount rate to positive 0.5%. That +0.5% rate takes effect from 11 January 2025. The positive discount rate is fixed at 0.5%. Schedule A1 to the Damages Act 1996, inserted pursuant to section 10 of the Civil Liability Act 2018, states that later reviews are to occur within five years of the conclusion of the previous review; accordingly, the next review must commence on or before 2 December 2029. Where is it likely to arise? In cases where the claimant is an employee and brings a claim for future loss of earnings, there will commonly also be a claim for loss of pension. In many instances, such pension loss accompanies the earnings claim. For the reasons outlined below, a claim for pension loss is less likely to be available to a...
Practice Note This Practice Note aims to draw attention to the variety of issues that emerge in personal injury claims when either the claimant or the defendant becomes insolvent. At the outset, it is crucial to separate two connected but different concepts. A company is insolvent if it cannot meet its debts as they fall due, or if the value of its assets is lower than its liabilities. Although the Insolvency Act 1986 ( IA 1986) is less explicit for individuals, the same tests would generally determine whether a person is insolvent. The state of insolvency should be distinguished from the factual question of whether an individual or a company is subject to an insolvency process. For a company, the principal processes are liquidation and administration. For an individual, the principal process is bankruptcy. The consequences of a party to a personal injury claim...
A guarantee operates as a species of quasi-security (see Practice Note: Guarantees). Within commercial finance, guarantees frequently serve as a standard form of credit support in lending transactions and wider arrangements. For instance, where a company is the borrower, the lender may seek guarantees from its directors. More rarely, and typically at the smaller end of the commercial finance market, the lender may ask a closely related family member of a director—such as a spouse, civil partner, or parent—to act as guarantor for the borrower. When obtaining an individual’s guarantee, a number of additional matters arise beyond those encountered in the general law of guarantees. This Practice Note sets out the principal issues to address when taking an individual guarantee in a commercial financing context, namely: the capacity of individuals to grant guarantees undue...
The rules relating to perpetuities and accumulations Originating in common law and the Perpetuities and Accumulations Act 1964 ( PAA 1964), the doctrines on perpetuities and accumulations grew increasingly outdated and problematic. In 1989 the Law Commission began consulting on reform. This process produced a 1993 paper exposing flaws in the framework, followed by a 1998 final Report with a draft bill, which in turn led to the Perpetuities and Accumulations Act 2009 ( PAA 2009). PAA 2009 duly took effect on 6 April 2010. Its purpose is to streamline and modernise the law, introducing revisions to both the rule against perpetuities (sometimes called the rule against remoteness of vesting) and the rule curbing excessive accumulations. Practitioners must nevertheless consider the former regime where it still operates in particular situations and remain mindful of its continuing application in certain cases....
Historically, some applications to the Court of Protection (the court) required applicants to secure permission before initiating proceedings. That step functioned as a filter to deter weak claims and spare others unnecessary cost and inconvenience. Under the Court of Protection Rules 2017 ( COPR 2017), a wider range of matters can now be brought without first seeking permission. Where permission remains necessary, the request must be included within the main application. No permission is needed for applications concerning: property and financial affairs a lasting power of attorney created under the Mental Capacity Act 2005 ( MCA 2005) an enduring power of attorney Applications about the personal welfare of the person who lacks capacity ( P) may require permission, but not if the issue concerns deprivation of P’s liberty. The detailed thresholds appear in MCA 2005, s 50, and COPR 2017, Pt 8, and this...
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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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