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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 guidance on an individual’s rights as a data subject in the employment setting. It explores the matters an employer organisation should consider when drafting a privacy notice to fulfil the right to be informed, which applies to employees, as well as other workers and contractors. It refers to employers and to employees, although comparable principles apply where people are workers or independent contractors. It reflects the UK GDPR framework, and legislative references are to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless stated otherwise. For an overview of the key themes of Assimilated Regulation ( EU) 2016/679, UK GDPR and DPA 2018, and guidance on issues relevant to employment lawyers, see Practice Notes: The UK GDPR and DPA 2018: key data...
This Practice Note explains when the Housing Grants, Construction and Regeneration Act 1996 ( HGCRA 1996) applies. In summary: the HGCRA 1996 extends to construction contracts what amounts to a construction contract is set out in HGCRA 1996, s 104 a construction contract concerns construction operations as defined in HGCRA 1996, s 105 a construction contract must contain specified terms dealing with adjudication and payment for hybrid agreements (ie covering construction operations alongside other matters), the HGCRA 1996 applies only to the construction operations the mandatory provisions are disapplied for contracts with residential occupiers for contracts made before 1 October 2011, the HGCRA 1996 only applied where the contract was in writing Significance of contract being a construction contract Statutory adjudication Parties have a mandatory right to adjudicate under the HGCRA 1996 only if the relevant agreement is a construction contract (as defined by HGCRA 1996, s 104). Where an agreement is a...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment of 20 January 2021 and is no longer maintained. See the timeline and related cases for further details. Case facts Outline An appeal was lodged with the Court of Justice against the General Court’s ruling in Case T-201/17, which required the Commission to compensate Printeos SA after it refused to pay interest on a repaid cartel fine. Latest development On 20 January 2021, the Court of Justice handed down its judgment, rejecting the appeal in its entirety. It held, among other points, that the Commission’s claim that its non-payment of default interest to Printeos did not amount to a sufficiently serious breach of Article 266 TFEU and caused no damage must be dismissed. The Court also upheld Printeos’s cross-appeal, concluding that the General Court erred by providing that interest on the damages would accrue only from the...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment of 17 November 2022; it is no longer being maintained. See further: timeline. Case facts Outline Appeals were brought against the General Court’s judgments in Cases T-607/17 and T-8/18, which had rejected actions to annul the Commission decision of 26 July 2016. That decision declared a compensation scheme benefiting several airlines unlawful and ordered repayment of all aid granted ( SA.33983). Latest developments On 17 November 2022, the Court of Justice upheld the Applicants’ appeals, set aside the General Court’s 2020 judgment, and annulled the Commission’s 2016 decision in so far as it concerned the Applicants. Parties Applicants: Volotea SA ( Volotea): A Spanish-based company providing scheduled air transport. Volotea runs scheduled passenger and freight services linking small and medium-sized cities across Europe. easy Jet Airline Company Ltd (easy Jet): A UK-based low-cost...
What are CCPs and what do they do? A central counterparty ( CCP) is a form of financial institution, often called a clearing house, that enables the clearing of both over-the-counter ( OTC) derivatives and exchange-traded derivatives ( ETDs). CCPs are recognised as financial market infrastructures ( FMIs). A derivative is a financial instrument whose value is set by reference to, and therefore derived from, an underlying asset, index, rate, reference point or risk (known as the underlying asset or simply the underlying). Derivatives are bi-lateral agreements that shift some or all of the risk and reward linked to the underlying from one party to another, without any immediate delivery of the underlying item. The terms of OTC derivatives are negotiated directly between the counterparties, or in certain instances arranged via a broker. OTC derivatives are distinct from derivatives, typically futures or options, that are...
This Practice Note sets out a summary of Directive 2011/83/ EU, the EU Consumer Rights Directive ( EU CRD), together with changes brought in by Directive ( EU) 2019/2161, the EU Omnibus Directive, Directive ( EU) 2024/825, the EU Empowering Consumers Directive, and Directive ( EU) 2023/2673, the Revised EU Distance Marketing of Consumer Financial Services Directive. It outlines the reach of the EU CRD, core definitions distinguishing distance, off-premises and other contracts, the information that must be given to consumers, and consumers’ cancellation rights (the right of withdrawal). It also addresses rules on additional payments, payment surcharges, help-lines, delivery, and the transfer of risk. This Practice Note does not deal with UK legislation. For details on UK legislation, see Practice Notes: Distance, doorstep and on-premises sales Consumer Rights Act 2015—summary Consumer Rights Act 2015—goods Payment...
This Practice Note This Practice Note monitors and distils significant new and forthcoming EU regulatory guidance, legislation and related policy activity (for example, consultations and communications) tied to the transport and travel sector in the EU. In particular, the tracker spans every open, closed and future consultation, evaluation and proposal concerning guidance, code of practice and legislation across the transport and travel sector. Priority files comprise revisions to rail passengers’ rights and obligations, the Eurovignette Directive, the Trans- European transport network ( TEN- T), Intelligent Transport Systems ( ITS), and the Single European Sky ( SES). EU transport policy seeks to deliver efficient, safe and environmentally friendly mobility for people in the EU. For example, the EU sets rules on traffic congestion, innovation, gas emissions, security and safety, the intelligent transport system, passenger rights and infrastructure funding. Travel and tourism...
What is share ramping? Share ramping is an unlawful type of market manipulation that involves hyping the value of shares to deceive the market. It is often referred to as ‘pump and dump’ or ‘book ramping’. There are various methods, the most common being to float a company on the market while planting unrealistic expectations about its profitability. Another tactic is to acquire shares when prices are depressed and then circulate a rumour that a takeover is imminent. As the price climbs, the perpetrators sell and pocket the gain. The internet, chat rooms, emails and other channels are exploited to create buzz or apparent interest in the market, pushing the price higher. Typically, those behind the scheme then dump or off-load their holdings for profit, leaving ordinary investors holding worthless shares. At times the objective is the...
Probate actions Client guide This Precedent client guide gives an overview of probate disputes for a client or potential client. It explains what contentious probate means and the sorts of claims that might be pursued. It sets out practical points for the client to consider. Contentious probate-client guide Pre-action During the pre-action phase it is important to obtain information. It is usual to seek material from relevant health authorities and to ask for a copy of the Will file. Form 124–letter to general practitioner or local health authority incorporating a request for a report Probate actions- Larke v Nugus letter A letter of claim gives early notice of the claim and explains the basis on which it is brought. Letter of claim-probate action Letter of claim-proprietary estoppel claim Caveats and citations A caveat (also called a stop) is a written notice which a person who wishes to...
This Practice Note This Practice Note is a retrospective tracker that charts the progress of Irish legislation (including Acts and Statutory Instruments in force), published judgments of the Supreme Court and Court of Appeal, and concluded consultations in the sphere of property law in Ireland during 2026. It offers a digest of the latest key legal developments expected to affect Irish property practitioners in 2026 and beyond. Please propose issues for inclusion in our horizon scanner at: irelandcurrentawareness@lexisnexis.com. To monitor forthcoming legal and regulatory changes for Irish property lawyers, see Practice Note: Ireland— Property—horizon scanner—2026. For developments covered previously, see Practice Notes: Ireland— Property horizon scanner 2025 [ Archived] and Ireland— Property horizon scanner 2024 [ Archived]. This Practice Note is designed to sit alongside Practice Note: Ireland— Property—horizon scanner—2026, which tracks future developments, including Bills in progress. When a date in the Horizon...
This Practice Note delivers a forward-looking horizon scan of forthcoming developments in Irish property law. It sets out key diary dates (including indicative timings where exact dates are pending) and offers relevant commentary across the areas below. Legislation: Bills in progress Acts not in force, partially in force or introduced in stages Other key developments: Consultations This scanner excludes past developments, such as legislation fully commenced or final judgments. For earlier developments in 2026 within Irish property law, see Practice Note: Ireland— Property Tracker 2026. It also does not cover matters outside Ireland. For UK and EU updates, see: Practice Notes: Tracker & horizon scanning...
This Practice Note This Practice Note reviews the procedural requirements in the courts of England and Wales (the English courts) that apply when seeking to enforce their judgments beyond the UK. The applicable provisions are set out in CPR 74 and CPR PD 74A. To pursue enforcement, certain documents are needed; this Practice Note explains the steps to obtain them, namely a certified copy of the judgment and any prescribed certificate. It also addresses the evidence required for such applications, while noting that the precise certificate format will depend on the enforcement regime relied upon. Importantly, the enforcement route (and the relevant rules) turns on the regime in play, so the specific regime under which enforcement is sought must be identified. For guidance on the enforcement regimes and their availability, see Practice Note: Cross-border enforcement of English...
This Practice Note explains the core principles governing the handling and assessment of documents for disclosure under CPR 31, encompassing CPR PD 31B and the overriding objective. It does not address the disclosure regime in the Business and Property Courts; for that, consult: Disclosure Scheme ( Business & Property Courts)—overview. Processing—general principles After gathering documents from the client and any other potential sources, you must decide whether they fall to be disclosed and, if so, to what extent. The scope of what must be disclosed will largely be shaped by the court and the track on which the claim proceeds, together with any disclosure order made by the court. For more detail, see: Track specific case management—overview and Court-specific case management—overview. If you have not yet done so, review any obligations under the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 (the UK GDPR), and the...
Exclusivity agreement (or lockout agreement) An exclusivity, or lockout, agreement is often put in place when a purchaser wants the owner to stop discussing a sale with anyone else for a specified window of time. The intention is to give the buyer breathing space to move the deal forward without the threat of a competing bidder gazumping them. It does not amount to a promise that a contract for sale will be concluded. Once the exclusivity window closes, either side may freely withdraw, and the seller is thereafter at liberty to dispose of the property to another party. Residential developers commonly adopt exclusivity agreements to grant purchasers a set exclusive period in which to exchange contracts. In exchange, the purchaser pays a non-refundable deposit that can be forfeited if the deadline is not met......
The table below lists competition appeal cases (and other competition actions) currently live before the General Court relating to Article 101 TFEU, Article 102 TFEU and the EU Merger Regulation (ie actions for annulment of Commission decisions and other actions lodged). NOTE—once final judgments are delivered, appeals are shifted from this document to the closed-appeals trackers within seven days of the decision. For completed General Court appeals see: General Court Article 101 TFEU appeals—closed cases tracker General Court Article 102 TFEU appeals—closed cases tracker General Court EUMR appeals—closed cases tracker For appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker. Note—this tracker does not cover State aid. For State aid appeals, see General Court State aid appeals—ongoing cases tracker and Court of Justice State aid appeal—ongoing cases tracker......
The following records completed General Court appeals concerning State aid ( Articles 107–109 TFEU) since 1 June 2015. For live General Court appeals, see General Court State aid appeals—ongoing cases tracker. For details of live appeals before the Court of Justice involving State aid, see Court of Justice State aid appeals—ongoing cases tracker. 2026 Case Issues Developments Case T‑261/25 LM v Commission Partial challenge to the Commission decision in SA.44944— Tax treatment of public casinos in Germany and SA.53552— Alleged guarantee for public casinos in Germany ( Wirtschaftlichkeitsgarantie). See Application. Order—29/01/2026; action dismissed as inadmissible Lodged—17/04/2025 Appeal lodged before the Court of Justice in Case C‑306/26 P Case T‑201/25 Poland v Commission Appeal against the Commission decision in SA.107930— Poland ‘ Gdańsk Transport Company S. A.’—new aid in the context of the concession contract for the A1 motorway. See...
The tables below lists competition appeal cases currently live (lodged or heard post 01/01/2012) before the Court of Justice relating to Articles 101 and/or 102 TFEU and the EU Merger Regulation. For national court references, consult the Court of Justice national references—ongoing cases tracker. For live matters before the General Court, refer to the General Court appeals—ongoing cases tracker. Completed appeals are transferred from this document to the appropriate closed-appeal trackers within seven days of the final court decision. For concluded Court of Justice appeals, see: Court of Justice Article 101 TFEU appeals—closed cases tracker Court of Justice Article 102 TFEU appeals—closed cases tracker Court of Justice EUMR appeals—closed cases tracker Note—this tracker does not cover State aid. For State aid appeals, see: General Court State aid appeals—ongoing cases tracker Court of Justice State aid...
This Practice Note outlines the article 13 defence to an application under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention): that the child objects to return and is of sufficient age and maturity for their views to be considered. For guidance on defences advanced to an application under the 1980 Hague Convention, see Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—child settled in new jurisdiction Defences under the 1980 Hague Convention—consent, acquiescence and non-exercise of rights of custody Defences under the 1980 Hague Convention—grave risk of physical or psychological harm, and Child abduction—defences in response to an application under the 1980 Hague Convention—flowchart For guidance on proceedings under the 1980 Hague Convention, see: Child abduction—introduction and issuing proceedings (1980 Hague Convention) Child...
Stop Press: On 31 March 2026, Sir Andrew Mc Farlane, President of the Family Division, published consolidated guidance on allocation and gatekeeping in children proceedings before the Family Court, taking effect from 5 May 2026. The guidance replaces the 2014 public and private law guidance and establishes a single framework governing allocation across all children matters. It formalises the role of gatekeeping teams, brings allocation decisions into line with contemporary procedural pathways (including Child Focused Courts), and reaffirms the core principles of judicial continuity, proportionality and efficient deployment of judicial resources; see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Practice Note is currently being revised to reflect the President’s guidance. In addition, on 22 April 2014, the Public Law Outline for care, supervision and other proceedings under Part IV of the Children Act 1989 ( Ch A 1989) took effect as...
This Practice Note This Practice Note sets out the provisions governing wardship and the court’s inherent jurisdiction in child abduction cases where the country involved is not a signatory to the Hague Convention on Civil International Aspects of Child Abduction 1980 (the 1980 Hague Convention) or the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), and addresses the principles to be applied and procedural considerations. For practical assistance on proceedings brought under the 1980 or 1996 Hague Conventions, refer to Practice Notes: Child abduction—introduction and issuing proceedings (1980 Hague Convention) and Child abduction—1996 Hague Convention. In March 2018, the then President of the Family Division, Sir James Munby, issued wide‑ranging guidance dealing, in particular, with case management and matters, such as witness evidence and...
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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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