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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 practical guidance on the WTO Agreement on Trade Facilitation. It explains the obligations undertaken by Member States and the flexibility available to developing and least developed Members when putting those obligations into effect. Introduction The Agreement on Trade Facilitation is the first multilateral accord concluded since the WTO’s creation on 1 January 1995. It is also unprecedented in permitting developing and least developed Member States to decide when they will have the capacity to implement specific provisions. The Agreement seeks to accelerate the movement, release and clearance of goods, including goods in transit. It entered into force on 22 February 2017 after two-thirds of Member States completed their domestic ratification processes. Obligations The obligations assumed by Member States are set out in section 1. Section 1 contains 12 articles, each of which establishes a distinct set of...
This Practice Note outlines the fundamentals of artificial intelligence ( AI) and machine learning ( ML) technology. It includes: A brief history of AI and ML Why data matters How ML models are trained Categories of ML Factors when choosing or evaluating an ML algorithm Neural networks What deep learning means Typical neural network architectures Examples of other widely used ML algorithms Core challenges for AI and ML-transparency, explainability and bias Privacy and data protection Safeguarding AI technology This Practice Note does not address legal or regulatory matters arising from the use or development of AI or ML technologies. For more on these topics, see Practice Notes: Artificial intelligence-data protection Artificial intelligence- UK regulation and the National AI Strategy Artificial...
Introduction The plurilateral accords of the World Trade Organisation ( WTO) are set out clearly in Annex 4 to the Marrakesh Agreement. These agreements address situations where certain Member States consent to rules on trade in particular subjects that others are unwilling to accept. Consequently, plurilateral arrangements arise whenever multilateral consent is absent across the full membership. They therefore bind solely those Members that opt to participate in them. At present, there are just two plurilateral agreements, namely the Agreement on Government Procurement and the Agreement on Trade in Civil Aircraft, while the International Dairy Agreement and the International Bovine Meat Agreement came to an end at the close of 1997. Member States have also negotiated a plurilateral pact concerning trade in services, the Trade in Services Agreement, which has not yet been concluded. The WTO’s Agreement on Government Procurement...
This Practice Note This Practice Note sets out guidance on the arrangements under the Family Procedure Rules 2010 ( FPR 2010) for conducting online public law children, adoption and placement proceedings. It covers FPR 2010, PD 41D ( Proceedings by electronic means: public law proceedings and emergency proceedings relating to children) (from 1 November 2022), FPR 2010, PD 41E ( Procedure for using an online system to complete and file certain applications for an adoption order) (from 18 May 2023), and FPR 2010, PD 41F ( Proceedings by electronic means: placement proceedings) (from 1 April 2024). It also addresses the transitional measure in FPR 2010, PD 36P ( Pilot scheme: placement proceedings: procedure for specified steps to be taken via the online system), which applies to specified proceedings issued before 1 April 2024, together with the pilot in FPR 2010, PD 36ZF ( Pilot...
ARCHIVED: This key case on charity litigation has been archived and is not maintained. The matter of HM Attorney General v Zedra Fiduciary Services provides a practical illustration of the following matters: the court’s method for interpreting the scope of a charitable trust the court’s preliminary review of various categories of schemes procedural matters pertinent to charity litigation of this kind See News Analysis, which includes a case summary: National debt fund worth £500m is held on charitable trusts ( Attorney General v Zedra Fiduciary Services). Key facts In 1928 a donor placed an initial £500,000, together with income and gains, to be retained on trust until such time as-whether alone or combined with other monies available for that end-the fund became adequate to clear the national debt of the UK. The prevailing view in 1928 was that the expense of the First World War should be met by...
Practice Note This Practice Note describes how to obtain the final order of divorce (formerly decree absolute) or a dissolution order in proceedings run on paper or through the His Majesty’s Courts and Tribunals Service ( HMCTS) online system for applications on or after 6 April 2022, following commencement of the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020). It sets out how to accelerate the final order and how to seek a final order where more than 12 months have elapsed since the conditional order. It addresses the respondent’s entitlement to apply, the consequences of a final divorce or dissolution order, applications to set aside, and circumstances in which the court may postpone making the final order. It also explains how to search the central index of decree absolutes. DDSA 2020 took effect on 6 April 2022. Proceedings issued on or after that date are...
This Practice Note offers practical guidance on the multi‑party interim appeal arbitration arrangement used by certain World Trade Organisation ( WTO) Member States while the Appellate Body is unable to operate. It explains which Member States are party to the interim appeal arbitration arrangements, the legal basis, its existence, who may invoke it, what it can be used for, how to make use of it, and the procedure governing the arbitration... Introduction The WTO Appellate Body comprises seven members, with three required to sit on any appeal. Appellate Body Members are appointed for a maximum term (see Practice Note: Introduction to World Trade Organisation Appellate Body Dispute Settlement for guidance on the maximum duration). Consequently, vacancies must be regularly filled when individuals leave office. On 11 December 2019, the Appellate Body ceased to function after the United States of America blocked the...
Administration actions-personal representatives bringing and defending proceedings Q& As This Practice Note directs practitioners to Q& As and worked illustrations of the key principles engaged when personal representatives ( PRs) commence proceedings for the estate-such as pursuing sums due to the deceased-or when PRs resist claims issued against the estate. Such litigation may arise from acts or omissions of the deceased during their lifetime, for instance an asserted liability said to be owed by the deceased, or a damages claim founded on what the deceased did, or failed to do. Matters outside scope include beneficiary infighting, claims by disappointed beneficiaries against the estate, and allegations against PRs for not performing their duties correctly. For guidance on those topics, consult the following Overviews: Probate actions (probate claims), Family provision claims and Administration actions. Note that although fresh Q& As are incorporated into this Practice Note as they are...
The distinction between grants in common form and those in solemn form A common form proof of a Will arises where no one contests or questions its validity. The executor named in the Will, or, alternatively, a successor or the individual entitled to a grant of administration with the Will annexed, files the Will alongside form PA1P, setting out its contents, together with any necessary affidavits, at the district probate registry. A grant is then issued in that applicant’s name, notwithstanding the absence of any other interested parties. Accordingly, the registry processes the papers and issues the grant without input or intervention from any other interested parties. A grant of probate obtained in common form is recognised by every court in England and Wales as definitive proof of the executor’s title, and of the formal validity and contents of the Will-this applies equally to a grant of...
Building Safety Act 2022 ( BSA 2022) In July 2021, the government laid the Building Safety Bill before Parliament, aimed at delivering the recommendations and principles from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety, and confronting the urgent safety issues exposed by the Grenfell Tower tragedy of July 2017. Branded as the most significant overhaul of building safety rules in a generation, it obtained Royal Assent on 28 April 2022, becoming the Building Safety Act 2022 ( BSA 2022). BSA 2022 makes sweeping changes to the law and regulation of building safety, with the objective of securing the safety of people in or around buildings and improving the standard of buildings. This Practice Note outlines for construction lawyers the principal elements of BSA 2022, including its reshaping of regulatory regimes and standards for building and fire safety and for...
During the fixed term, the LA may regain possession of the property by serving a notice seeking possession and by showing that a qualifying ground applies in the particular case. The grounds mirror those used when obtaining possession of a secure tenancy. There are 18 in all, overall grouped into three broad bands: Grounds 1–8; Grounds 9–11; Grounds 12–16. Grounds 1–8 These are discretionary grounds, and the court must be persuaded that making a possession order is reasonable in the circumstances. Grounds 9–11 These are mandatory grounds, and the court must be satisfied that suitable alternative accommodation is available to the tenant in question. Grounds 12–16 These are discretionary grounds, and the court must be satisfied both that it is reasonable to make the possession order and that suitable alternative accommodation is available. Ground 15A In Newport City Council v Charles, the deceased tenant’s son concealed the death for three full years. The...
Relevant articles The Journal of International Banking and Finance Law ( JIBFL) offers numerous practical pieces for banking and finance lawyers that reference the LMA and its documents. This Practice Note sets out the principal articles of interest since 2015, arranged in reverse chronological order. 1 July 2025 - Layering it on thick: the evolution of the super senior intercreditor agreement (2025) 7 JIBFL 450. This piece reviews the LMA’s super senior/senior intercreditor agreement used in European direct lending. Although it has become the default template across most such deals in Europe, its provisions have steadily shifted since launch to accommodate financial sponsors pursuing increasingly intricate capital stacks to fund portfolio companies. The authors chart these changes and consider potential future tweaks. By Lee Federman, partner, and Mamoun Shafi, of counsel, Jones Day, London. 1...
This Practice Note sits within a multi‑jurisdictional guide that explores core issues in establishing specific business entities across global jurisdictions. Member firms of the Multilaw global law firm network address key questions on this subject. This section highlights principal considerations when forming a private company limited by shares in Malaysia. Current as of 24 November 2025. Authors: Andrew Chiew Ean Vooi and Tay Weng Hwee, Lee Hishammuddin Allen & Gledhill, a Multilaw member firm. Common entities Subject of this response: the private company limited by shares ( Sendirian Berhad or Sdn Bhd). Other existing forms in this jurisdiction not covered here: partnership, limited liability partnership, public limited company. General principles Main source of law authorising this form of entity: the Companies Act 2016 ( CA 2016) and the Companies Regulations 2017. Brief summary of the form of entity, including whether it...
Key resources at a glance Legislation: Section 3(1)(b) of the Immigration Act 1971 ( IA 1971) Application forms: UK visa and immigration application forms (collection) Fee waiver application form Requesting a fee waiver ( GOV. UK) Home Office guidance: Leave outside the Immigration Rules: caseworker guidance Discretionary leave: caseworker guidance Human rights claims on medical grounds: caseworker guidance Chapter 08–appendix FM family members: caseworker guidance Family life (as a partner or parent) and exceptional circumstances Private life: caseworker guidance ...
This Practice Note offers a practical guide to completing Form E (financial statement) for a financial order under the Matrimonial Causes Act 1973 ( MCA 1973) or Civil Partnership Act 2004 ( CPA 2004), and for financial relief following an overseas divorce under Part III of the Matrimonial and Family Proceedings Act 1984 or CPA 2004, Sch 7. It outlines the supporting information and documents required and signposts the relevant provisions of the Family Procedure Rules 2010, SI 2010/2955 ( FPR 2010). It assumes a basic familiarity with the background and process of financial remedy proceedings and is designed to help with preparing Form E. Read alongside: Practice Note— Preparation of Form E. See also: Procedural guide—applications for a financial remedy: application to first appointment (standard procedure) and Financial disclosure and Form E—client guide. What is a financial statement in Form E? Once an...
Financial provision for children over the age of 18 This Practice Note sets out the considerations affecting financial support for young people aged over 18, looking both ahead and at those who have already reached that age. It addresses matters common to applications regardless of whether the parents were ever married or in a civil partnership. These include the requirement that the parents are separated before the court has jurisdiction to order provision for an adult applicant; the relationship between maintenance orders and calculations made by the Child Maintenance Service ( CMS); interruption or cessation of education; the position of apprenticeships; and how the court’s powers engage with undergraduate student finance. See Forms and procedure for a table summarising the procedural and legislative frameworks available to individuals seeking financial provision for a child over 18. The issue of financial provision for a child over 18 whose...
Court’s powers Under section 23(1)(c) of the Matrimonial Causes Act 1973 ( MCA 1973) and the parallel provisions of the Civil Partnership Act 2004 ( CPA 2004), the court has authority to require one spouse or civil partner to pay to the other ‘such lump sum or sums’ as are specified. Its jurisdiction is not confined to a single lump sum; it may direct the payment of a number of lump sums. There is, however, only one opportunity to apply for a lump sum, so the statutory power is constrained to awarding one or more lump sums within the scope of a single application. This limit does not extend to lump sums ordered for, or on behalf of, a child of the family, where the court’s power can be exercised ‘from time to time’. The court may alternatively provide that one lump sum is...
This Practice Note reviews the range of insurance arrangements that parties involved in financial remedy cases might hold, such as life insurance/assurance, medical insurance and endowment plans. It also explains when it might be appropriate to implement a fresh policy, sets out the circumstances in which this should be put into effect within the proceedings, and notes drafting considerations when dealing with such policies. Individuals going through divorce or dissolution should audit the insurance products they own, whether in sole or joint names, including policies without a surrender value. The Practice Note concentrates on two areas that often raise more intricate issues: medical insurance and life insurance/assurance. Medical insurance In the UK, private medical treatment is available via private insurance, typically supplementing NHS provision. Employers may include such cover within their pay and benefits as part of a remuneration package, and schemes...
Practice Note This Practice Note sets out guidance on implementing and enforcing financial orders arising from family proceedings when one party has died. It examines the impact of a death on applications, and on secured and unsecured periodical payments, lump sum orders, property adjustment orders and pensions orders. Where a party dies before divorce or dissolution proceedings have begun, the parties remain married or in a civil partnership, and the deceased’s estate passes in line with their will or, if none, the intestacy rules. A claim for a financial order is personal to the spouses or civil partners and does not survive death. If either party dies before an application under the Matrimonial Causes Act 1973 ( MCA 1973) or Civil Partnership Act 2004 ( CPA 2004) for financial provision or property adjustment is made, the court has no...
This Practice Note outlines guidance on making an application to transfer a tenancy under the Family Law Act 1996 ( FLA 1996), covering pre-action considerations and the issuing and commencement of proceedings, case management, the involvement and role of the landlord, disposal of the application, and costs. It further addresses measures available where one party seeks to stop the other from determining (bringing to an end) a tenancy. See also: Procedural guide—transfer of tenancy. The detailed procedure for such applications appears in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, 8.29–8.34. Applications proceed using the Part 19 procedure; see Practice Note: FPR 2010, Part 19—alternative procedure for applications. Where a tenancy is to be transferred within matrimonial or civil partnership proceedings via a property adjustment order, see Practice Note: Issuing financial proceedings in Form A (standard procedure) for...
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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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