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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 sets out UK law on employee inventions, explaining when and how a worker who devises something in the workplace may either retain ownership of what they created, or, where they do not own it – for example because they are employed to invent – the situations in which they can demand compensation from their employer for developing an invention that delivers substantial value to the company. Many staff involved in research and development ( R& D) generate products and processes that produce significant financial returns for their employers. In defined circumstances, where an employee has devised an invention in the course of their duties, they are entitled to seek compensation from the employer, even if the role means they were ‘employed to invent’ because part of their working time is spent making inventions. This acknowledges the employee’s...
How electronic disclosure is used in arbitration There is no single mandatory framework governing e-disclosure in arbitration. This aligns with the overarching principle that arbitral procedure remains adaptable, and that the tribunal is empowered to set the evidential rules in each individual case, subject to any agreement between the parties. As electronically stored information ( ESI) will typically comprise a large share of the material in many arbitrations, careful planning is required to manage and deploy it throughout the proceedings so that parties can present their cases effectively without the exercise of producing the evidence becoming unduly burdensome. Note: in arbitration the phrase ‘document production’ is more commonly used than ‘disclosure’, although ‘e-disclosure’ is frequently applied in both senses and contexts. Ordinarily, parties in arbitration provide at an early stage the documents on which they rely. The opposing side may then seek any...
This Practice Note outlines the principal features of judgments from the Upper Tribunal and higher courts under the Electronic Communications Code, contained in Schedule 3A to the Communications Act 2003, and identifies the relevant Code provisions together with the result in each matter. For further assistance on the Code, consult Practice Notes: The Electronic Communications Code—code rights and The Electronic Communications Code—terminating and renewing code rights. Imposing Code rights and agreements Case and Court/ Tribunal Provisions of Code considered Decision Further details below Case and Court/ Tribunal: Cornerstone v University of London [2018] UKUT 356 ( LC)— Upper Tribunal ( Lands Chamber) ( UT) and University of London v Cornerstone [2019] EWCA Civ 2075— Court of Appeal Provisions of Code considered: Para 26 (interim Code rights) Decision: A short-term access permission to carry out a survey (known as a...
There are rigorous controls on the export, brokering and transhipment of ‘strategic’ goods, software and technology moving from or via the UK. This covers military kit and ‘dual-use’ items capable of serving both civil and defence purposes effectively. For guidance on whether these rules apply, see Practice Note Export controls— Requirement for an export licence. The Export Control Joint Unit ( ECJU), a unit within the Department for Business and Trade, is responsible for issuing licences for controlled goods and for overseeing exporters’ compliance with the regime and the controls. Breaching the controls constitutes a criminal offence. HMRC and the Crown Prosecution Service ( CPS) lead on investigations and prosecutions where parties fail to comply. For details on enforcing and prosecuting export control breaches, see Practice Note: The enforcement of export control breaches. That Practice Note reflects ECJU guidance on...
Listing of appeals The Employment Appeal Tribunal ( EAT) schedules the main hearing of the appeal according to how complex the case is. Most appeals are set for one day. More intricate appeals may be listed for one and a half days or two days. Only exceptionally will an appeal be fixed for more than two days (or for less than one). The hearing is timetabled to allow time for oral submissions, for the EAT’s questions to be answered, and for the arguments to be considered and judgment delivered. The EAT will have read the core bundle of documents before the hearing. Only those parties whose case has been listed at a Rule 3(10) hearing or at a preliminary hearing will have had the opportunity to give a time estimate in advance for the main hearing. When giving an estimate, a party must account for the time the...
This Practice Note considers who bears the burden of repairing and looking after land affected by easements, and who must meet the expense of ongoing upkeep, especially where no express provision allocates responsibility for carrying out works and/or funding repair and maintenance. It also addresses the position in the absence of any explicit agreement setting out duties or cost‑sharing. The focus is on responsibility where obligations are not expressly allocated between parties... Is there an obligation to repair? An easement confers a liberty to do something on another’s land, or to restrain something from being done; it is not a duty to act. In the Scottish decision of Moncrieff v Jamieson, Lord Scott observed that a right which can only be enjoyed if the servient owner undertakes positive acts cannot amount to an easement. Nonetheless, in day-to-day situations easements often entail action: a track may...
Practice Note Some awards carry a right for the Department for Work and Pensions ( DWP) to reclaim, from any financial sum secured by the claimant, the value of any jobseeker's allowance, income-related employment and support allowance, universal credit or income support the claimant received before the tribunal proceedings conclude. This Practice Note considers employment tribunal awards to which the Employment Protection ( Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply, and identifies the benefits that the DWP is entitled to recoup. It also sets out the process used by employment tribunals for the recoupment of benefits and explains how awards that are subject to such recoupment are worked out......
STOP PRESS: From 25 March 2026, the principal elements of the Levelling-up and Regeneration Act 2023 that relate to plan-making have taken effect. This Practice Note is in the process of being revised to reflect this. Be aware that further sections of the Levelling-up and Regeneration Act 2023 ( LURA 2023), still awaiting commencement, remove the duty to cooperate, with regulations anticipated to implement that repeal during 2026. For more information, refer to: Abolition of the duty to cooperate in the Levelling-up and Regeneration Act 2023. What is the duty to cooperate? The duty to cooperate originated in the Localism Act 2011. It imposes a statutory obligation on local planning authorities ( LPAs), county councils and public bodies in England to work together constructively, proactively and continuously, so as to optimise the preparation of local (and marine) plans on strategic issues that cross...
This Practice Note outlines how an offeror conducts due diligence in a public takeover. It reviews the aims and likely scope of the exercise, the stance to be taken on hostile bids, the shareholder data a bidder may legitimately request, and key matters under the City Code on Takeovers and Mergers (the Code), including the obligation to furnish equal information to rival bidders. It also explains how the offeree can safeguard its position through confidentiality agreements. Purpose Due diligence gives a prospective buyer the chance to scrutinise the target’s affairs, confirm that trading aligns with market expectations, and check for any material commercial, financial, legal or regulatory concerns that might affect valuation or willingness to proceed. Findings may shape deal structure and flag conditions that must be addressed before the offer advances, such as competition notifications or clearances. A core principle of the Code is that an...
Types of Liquefied natural gas ( LNG) is often handled as a portfolio commodity, whereby a participant may break up several long-term sales agreements into short-term transactions to optimise transport costs and balance supply obligations with market conditions. The LNG sector also maintains its own spot-trading market, in which cargoes are bought and sold through competitive tenders and brokered trades. Alternatively, swap arrangements—under which two buyers or two sellers agree to swap cargoes—are becoming a more common trading model in the LNG industry. The common types include: short-term sales agreements—one to five-year bilateral agreements, often with little flexibility of terms master agreements—a popular arrangement under which seller and buyer sign an agreement that sets out the general terms under which they will buy and sell LNG, without committing the parties to an obligation to actually buy or sell specific quantities......
This Practice Note explores equivalent project relief ( EPR) in PFI and PF2 schemes, outlining the purpose of these provisions, the composition of an EPR clause and key cases. EPR clauses usually provide that a sub-contractor may claim compensation, an extension of time ( EOT) or relief from termination under the sub-contract only to the extent that Project Co has secured the equivalent remedy under the Project Agreement; in short, Project Co bears no greater liability to the sub-contractor than the Authority bears to Project Co. Note that in the 2018 Budget (delivered on 29 October 2018), the government announced it would stop using PFI or PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). However, existing PFI and PF2 projects continue to run. What is equivalent project relief? To understand what equivalent project relief means, it is...
Practice Note This Practice Note examines how domicile is identified and its various forms—origin, choice, and dependence—within family proceedings, setting out how the court approaches domicile and the consequences for a case. It also addresses how habitual residence is assessed, including for a child, with reference to pertinent authorities. The effects of Brexit, including transitional measures, are considered. At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period concluded following the UK’s exit from the EU. From that moment (termed in UK law as ‘ IP completion day’), core transitional rules ceased and notable alterations took place across the UK’s legal framework. These changes affect advisers evaluating which court has jurisdiction to hear a dispute. For direction, see Practice Note: Family proceedings with EU connections—toolkit. It is important to distinguish domicile from habitual...
This Practice Note This Practice Note outlines the available routes for recording a settlement, including by correspondence, by contract or deed, and via a Tomlin order or consent order. It examines the pros and cons of each approach, addressing the often tricky question of when an offer to settle is actually accepted, together with the related point about the footing on which negotiations take place (for instance, ' Without prejudice save as to costs' and/or ' Subject to contract'). It also details execution formalities for settlements effected by contracts and deeds, and includes example wording for counterparts. For help with making an offer to settle, see Practice Note: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36). For guidance on drafting the terms of a settlement agreement (whether signed as a contract or a deed), see Practice Note: Settling...
Dividends A company generally possesses an implied authority to share its profits with its members, save where the articles of association provide to the contrary. A dividend represents one form of distribution available to members and, in practice, is the distribution that companies make most frequently. To be lawful, any distribution must comply with Part 23 of the Companies Act 2006 ( CA 2006) together with the common law rules on distributions, as adapted and informed by that Part. For a fuller consideration of the legal framework and routine practice relating to distributions made by a company, see Practice Note: Distributions. For information about the potential consequences and liabilities arising from failure to comply with the law on distributions, see Practice Note: Unlawful distributions. This Practice Note concentrates on the law and practice that ordinarily apply to the declaration and payment of...
Compulsory liquidation or winding up by the court Where the Official Receiver is appointed When the court makes a winding-up order, the official receiver ( OR) takes office as liquidator. After the OR has finished their enquiries and considers the winding up practically complete, they may lodge a notice with the registrar of companies confirming that the court winding up has been concluded. A winding up is treated as complete when the liquidator has taken the company’s affairs as far as possible towards closure. The company is dissolved three months after the registrar registers that notice. Under the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, r 7.70, the OR must send creditors a notice of intention to dissolve before notifying the Secretary of State, under section 174(3) of the Insolvency Act 1986 ( IA 1986), that the winding up is for...
The protection of estate assets When a company or an individual embarks on a formal insolvency procedure, the appointed office-holder is obliged to call in and realise the estate’s assets, then apply the proceeds in the statutory order of priority for the benefit of creditors. In reality, the available assets are frequently inadequate to satisfy every claim in full. Faced with the failure of an insolvent company, some directors, recognising there is no prospect of rescue, may extract assets: for personal use, to meet sums owed to favoured creditors they intend to trade with in future, or to reimburse family members or other connected parties who have advanced funds to the business. Comparable behaviour can occur where an individual anticipates bankruptcy and disposes of personal assets. A subsequently appointed office-holder may seek to unwind such conduct as an antecedent...
The process for determining any request to inspect the evidential information and documents underpinning a search warrant or similar order—where an investigator seeks non-disclosure—is set out in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, rr 5.7–5.10. Those provisions have been revised to set in statutory form the ruling in Metropolitan Police Commissioner v Bangs, which is examined in this Practice Note. Does a magistrate have jurisdiction to hear an application? In line with Eastenders Cash and Carry v South Western Magistrates Court, it is correct for a magistrate to begin from the proposition that a claimant is entitled to see the material that persuaded the court to authorise a warrant, unless the public interest requires that some or all of that material should be withheld. When a court considers a request for a search warrant and exercises its statutory power to issue one, it is...
This Practice Note This Practice Note explores data protection considerations that arise when conducting disclosure in civil proceedings. It explains how the Civil Procedure Rules ( CPR) and the General Data Protection Regulation ( GDPR) frameworks intersect with disclosure, the handling of personal data and special category data, the redaction of personal data, the approach to documents protected by legal professional privilege ( LPP) under data protection law, and the treatment of data subject access requests ( DSARs). It addresses: the EU GDPR, Regulation ( EU) 2016/679 the UK version of the EU GDPR, retained in UK law by the European Union ( Withdrawal) Act 2018 the Data Protection Act 2018 ( DPA 2018), which operates alongside the UK GDPR Note that the Data ( Use and Access) Act 2025 ( DUAA 2025) received Royal Assent on 19 June 2025. Certain provisions took effect...
Company directors Merely holding the office of director does not, under company law, create an automatic entitlement to payment for acting as a director, or to repayment of expenses incurred while providing those services. Authority to remunerate directors for their services must be granted by the company’s constitution. A director may alternatively have a contractual right to remuneration by virtue of, or arising from, an agreement or arrangement with the company for their services......
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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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