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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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Executive retirement benefit provision In much the same way as senior staff typically command higher pay than the wider workforce, they often also receive more generous pension support from their employers. Executive retirement benefits can be structured in several ways, such as: dedicated ‘executive’ tiers within group-wide occupational pension schemes offering richer terms than the main section executive-only registered occupational pension schemes trust-based, unregistered ‘top-up’ pension arrangements unfunded contractual pension promises Before A-day (6 April 2006), when the current registered pension scheme tax rules took effect, executive benefits exceeding the then applicable limits under the tax-approved pensions regime were commonly delivered through either: funded unapproved retirement benefit schemes ( FURBS), or unfunded unapproved retirement benefit schemes ( UURBS) Both FURBS and UURBS conferred certain tax advantages and were used effectively to top up executives’ existing...
This Practice Note applies solely to documents governed by the law of England and Wales. Its main focus is trust-based occupational pension schemes. A document is only enforceable by a court if it has been executed validly. It is therefore essential to follow the correct execution formalities. In pensions practice, the relevant paperwork will typically comprise trust deeds (contracts under seal) and various other forms of written agreements. While oral (ie non-written) agreements are uncommon in the pensions context, as a matter of principle they can be effective unless legislation mandates writing (for example, a contract for the sale of land under section 2 of the Law of Property ( Miscellaneous Provisions) Act 1989 ( LP( MP) A 1989)). This should be kept in mind when examining, or seeking to manage, any specific pension...
This Practice Note sets out practical steps for arranging the execution of a document by an individual who has an impairment or disability, or where the individual and their adviser do not share the same language. For overarching guidance on executing contracts and deeds, see the following Practice Notes: Deeds Executing documents—deeds and simple contracts We have also created a comprehensive, interactive collection to help users recognise and navigate key concepts and frequent issues in document execution. Each stage includes practical guidance, precedent clauses and Q& As tailored to that phase. For further details, see: Execution collection. Inability to read or comprehend documents in writing An impairment may prevent a signatory from reading a document themselves, for instance where they are partially sighted or blind. It may equally be that the signatory does not read or speak the language used in the...
This Practice Note sets out a concise overview of the rules governing witness and expert evidence in Court of Protection ( Co P) proceedings. It cross-refers to Parts 14 and 15 of the Court of Protection Rules 2017 ( COPR 2017), as well as to Practice Direction 14A: Written evidence ( PD 14A) and Practice Direction 15A: Expert evidence ( PD 15A) to the COPR. Witness evidence Under COPR 2017, r 14.3(1), the default position is that any fact requiring proof through a witness must be established: at a final hearing, by the witness’s oral testimony, or at any other hearing, or where there is no hearing, by the witness’s written evidence. When a witness is called to give oral evidence at a final hearing, their witness statement will stand as their evidence in chief unless the court orders...
The American Arbitration Association ( AAA) Commercial Arbitration Rules and Mediation Procedures, including the Procedures for Large, Complex Commercial Disputes (together, the Commercial Rules or AAA Commercial Rules), took effect in revised form on 1 September 2022. A Fee Schedule has applied to arbitrations under the AAA Commercial Rules since 1 May 2018. This Practice Note reflects those revisions. For an introduction to the AAA and the Commercial Rules, refer to Practice Note: AAA Commercial Rules. Note: each Commercial Rule carries a letter prefix, eg ‘ R’ or ‘ L’. Relevant rule designations are identified below. Evidence General Principles The arbitrator holds discretion to rule on the admissibility, relevance and materiality of any evidence, and may exclude material considered cumulative or irrelevant ( R.34(b)). Arbitrators are expressly empowered to receive witness evidence by declaration or affidavit ( R.34(d)), which in practice can include expert reports and...
This Practice Note addresses: the purpose and consequences of events of default in facility agreements common events of default in facility agreements continuing events of default the distinctions between an event of default, a default and a potential event of default Where relevant, it signposts provisions in Precedent: Facility agreement (term loan): single company borrower—bilateral—with or without security or a guarantee and the Loan Market Association ( LMA ) investment grade multicurrency term facility agreement with/without observation shift ( the LMA facility agreement ) (available to LMA members on the LMA website). The purpose of events of default Lenders usually prefer not to depend on general contract law to secure a remedy where a borrower breaches a loan agreement. Major breaches—such as failing to honour payment obligations or breaking financial covenants—may signal financial stress and call for prompt action to protect the lender’s investment....
On 24 December 2020, the UK Government and the European Commission revealed they had reached agreement in principle on the legal framework for the future UK- EU relationship. Taking provisional effect from 1 January 2021 and entering fully into force on 1 May 2021, the EU- UK Trade and Cooperation Agreement ( TCA) sets out provisions on trade in goods and services, economic and social co-operation, law enforcement and security co-operation, alongside overarching governance rules. A series of related declarations and accords supplement the TCA, among them the Agreement on Security Procedures for Exchanging and Protecting Classified Information ( SIA) and a distinct Nuclear Cooperation Agreement ( NCA). It also features placeholders and commitments anticipating additional agreements to be concluded. Publicised only a week before the Brexit transition ended at 11 pm on 31 December 2020 ( IP completion day), the deal arrived at the...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 66/25 ARCHIVED —this archived case hub captures the position as at the final decision of 14 November 2024; it is not being maintained any longer. See the timeline for further information. Case facts Outline European Commission ( Commission) Article 102 TFEU probe into alleged distortion of competition across the markets for online classified advertising ( AT.40684). Latest development On 14 November 2024, the Commission adopted an infringement decision and imposed fines totalling €792.72m on Meta. Parties Meta: Meta is a US multinational technology firm......
This Practice Note summarises the Shareholder Rights Directive II ( SRD II) ( Directive ( EU) 2017/828 amending Directive 2007/36/ EC), highlighting its implications for asset managers and institutional investors. SRD II seeks to foster effective stewardship and long-term investment choices, establishing requirements in areas such as transparency around engagement policies and investment strategies across the institutional investment sphere, together with approval and disclosure obligations for related-party transactions. Scope and overview of SRD II The original Shareholder Rights Directive ( SRD I), introduced in 2009, strengthened shareholder rights by setting minimum standards for exercising voting rights attached to shares in EU-listed companies. SRD I was significantly revised by SRD II, which took effect on 10 June 2019. SRD II assigns rights and duties to listed companies, institutional investors, asset managers, proxy advisers and intermediaries. Investors and asset managers gain greater influence over executive pay and...
STOP PRESS: The EU Listing Act appeared in the Official Journal on 14 November 2024, introducing amendments to the EU Market Abuse Regulation ( EU MAR). The majority of the Act’s measures, including the EU MAR changes, are due to apply from July 2026, conditional on the Commission adopting level 2 delegated acts. Certain EU MAR updates on market soundings and managers’ transactions, however, took effect on 4 December 2024 and are flagged in the relevant sections of this Practice Note. On 7 May 2025, ESMA issued technical advice to the Commission covering, among other matters, EU MAR. On 8 April 2026, the Commission released the final texts of two delegated acts: one addressing the disclosure of inside information and another dealing with, among other aspects, indicators of market manipulation. These delegated acts will be published in the Official Journal of the EU and will enter into...
This monitors and outlines current EU enforcement measures connected to the EU’s Digital Markets Act ( DMA). For details and context on the DMA via the ordinary legislative process, consult: EU Digital Markets Act—progress tracker. For every concluded EU enforcement measure concerning the DMA, refer to here......
This Practice Note This Practice Note explains how EU competition law applies to common practices within the pharmaceutical sector. Given medicines’ vital role in safeguarding public health and the heavy cost they impose on national healthcare systems, the sector consistently faces scrutiny from the European Commission and national competition authorities. Behaviours that threaten patients’ access to innovative, affordable treatments therefore rapidly attract enforcement attention. Historically, the Commission has prioritised cases on ‘ Pay-for-delay’/reverse payment patent settlements. The pharmaceutical sector also has features that set it apart: substantial and high-risk investment to bring a therapy to market; multiple decision-makers shaping therapy choices (eg healthcare professionals ( HCPs), pricing and reimbursement authorities, insurers and hospitals); pervasive price controls; the central importance of intellectual property ( IP) rights; intensive regulation; and pronounced public and political scrutiny. These conditions influence how market incentives and rivalry function in the...
CASE HUB (appeals lodged at the General Court in Cases T- 140/26, T- 140/26 R, T- 148/26 and T- 149/26) ARCHIVED —this archived case hub mirrors the position at the date of the final decision on 15 December 2025; it is no longer maintained. See further, timeline and commentary Case facts Outline European Commission ( Commission) Article 101 TFEU probe into an alleged cartel concerning the supply of automotive starter batteries across the EEA ( Case AT.40545). Latest development On 15 December 2025, the Commission stated it had imposed fines totalling €72m on three automotive starter battery makers, together with the trade association too......
This Practice Note provides an overview of air passenger rights in the EU. It outlines EU guidance on essential definitions, overarching principles, principal obligations, and the mechanisms for enforcing air passenger rights. The Note explains what travellers may expect when their journey is disrupted, covering: flight cancellation delay denied boarding lost baggage It also offers guidance on the legislation applicable to passengers with reduced mobility within the EU, outlining the framework and scope thereof......
Note—to check whether notification thresholds in Ethiopia and worldwide are triggered, see: Where to Notify. Ethiopia also participates in COMESA, which runs a supra-national merger control system. 1. Have there been any recent developments regarding the Ethiopian merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Ethiopia? The Ethiopia Trade Competition and Consumer Protection Authority ( TCCPA) issued a Directive in April 2015 setting a pre-merger notification threshold (see Question 4). In October 2021, the TCCPA stopped operating independently, with its functions moved to the Ministry of Trade and Regional Integration ( Mo TRI). The Ethiopian Commercial Code 1243/2013 ( Commercial Code) has been amended to add provisions on mergers and divisions. It now governs amalgamations and takeovers, but its reach is narrower than the Trade Competition and Consumer Protection...
Personal representatives ( PRs) possess wide-ranging authority to manage a deceased individual's estate. This Practice Note sets out practical measures PRs may adopt to discharge their duty to collect and secure the assets in a deceased person's estate, alongside steps to prevent loss to the estate. Securing the assets The PRs' overriding duty in administering an estate is: to gather in the estate's assets; and to keep those assets protected The PRs should, without delay, locate and hold in safe custody: all original deeds, the deceased's Will, and any other testamentary papers documents evidencing assets and liabilities, e.g. account books, life policies, share certificates, cheque books and credit cards, and records of digital assets and crypto-assets any loose cash, including foreign currency The PRs should also obtain from HM Land Registry official copies of the title register for any land or...
This Practice Note outlines the matters a court will weigh on an application where a party wishes either to found or to dispute the jurisdiction of the courts of England and Wales (the English courts) in issue. There are three central requirements: a genuinely triable issue must exist; the claimant must show a good arguable case; and the English courts must be the appropriate forum for resolving the parties’ dispute in question, between them. This Note cites the decision in AK Investment v Kyrgyz Mobil, which some law reports record, in certain series, simply as Altimo Holdings & Investment Ltd v Kyrgyz Mobil Tel Ltd. Why is jurisdiction an important issue? The significance of confirming the court’s jurisdiction to adjudicate the claim before it has been examined in many authorities across the jurisprudence extensively. A concise overview appears in the Court of Appeal’s decision in...
This Practice Note outlines equitable execution and sets out the procedure to follow when seeking an order appointing a receiver by way of equitable execution. What is equitable execution? Equitable execution is the court’s appointment of a receiver to collect income produced by a judgment debtor’s assets. That receiver oversees those income streams and makes payments to the judgment creditor to clear the judgment debt, without conferring any entitlement on the creditor to the underlying asset. This is a different kind of receiver from those encountered in insolvency. Equitable execution is not an insolvency process and the creditor gains no proprietary interest or secured standing. It is neither a simple nor inexpensive mode of enforcement and, often, securing a third party debt order or a charging order will be the preferable way to enforce a judgment debt. Nevertheless, where the standard enforcement routes are...
Please be aware that obligations to implement reasonable adjustments to the physical features of shared parts have not yet taken effect. Accordingly, until they do, this Practice Note is supplied for information only. Physical features Section 20(4) of the Equality Act 2010 ( Eq A 2010) sets a general duty to take reasonable steps to make reasonable adjustments to a physical feature where it places a disabled person at a substantial disadvantage in relation to a relevant matter, compared with a person who is not disabled, so as to prevent or avoid the disadvantage......
This Practice Note explores the equal pay for equal work principle under the Equality Act 2010 ( Eq A 2010) and, notably, what counts as ‘pay’. It addresses whether pay has to arise from contract and clarifies the concept of ‘pay’ in Article 157 of the Treaty on the Functioning of the European Union ( TFEU) (formerly Article 141 of the Treaty of Rome). It also reviews how termination payments, pensions and maternity pay are treated. The principle of equal pay for equal work Article 157 TFEU sets out the rule that workers are entitled to the same pay for the same work. Under European law, a distinction is drawn between equal pay (under Directive 75/117/ EEC, the Equal Pay Directive) and equal treatment of men and women (under Directive 76/207/ EEC, the Equal Treatment Directive and later measures). The Equal Treatment...
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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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