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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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Introduction Escrow is the arrangement whereby two or more parties lodge property or instruments with a trusted third party (an 'escrow agent'). The deposited materials are delivered to one party when a defined release event occurs, for example the fulfilment of that party’s obligations, or the failure of another party to meet theirs. Escrow is now a common means of safeguarding the interests of software licensors and licensees. Licensors will be reluctant to disclose commercially sensitive information about the design of their software. However, without that information a licensee may be unable to maintain the software if the licensor does not. By placing those materials into escrow, to be released to the licensee on specified supplier defaults, the licensor may find an acceptable compromise that also protects the licensee’s business. This Practice Note considers the use of source code escrow and, in...
All websites should be accessible, especially by people with disabilities. Website access is regulated by the Equality Act 2010 ( Eq A 2010) together with the Public Sector Bodies ( Websites and Mobile Applications) ( No 2) Accessibility Regulations 2018 ( PSBAR), SI 2018/952. Those Regulations give effect to Directive ( EU) 2016/2102 (the EU Web Accessibility Directive) on making public sector bodies’ websites and mobile applications accessible to users. ( As EU‑derived domestic legislation, these Regulations sit within assimilated law and remain in force in the UK—see Practice Note: Assimilated law.) This Practice Note concentrates on UK-specific legislation and guidance relating to web accessibility across the sector. That said, organisations trading in both the EU and the UK should evaluate whether any additional or different compliance obligations may apply in their circumstances. In particular, they should note Directive ( EU) 2019/882 (the...
IP and online retail Building a digital shopfront—either alongside, or in place of, physical stores—opens access to a wider audience and makes services more convenient for customers. This Practice Note offers guidance on protecting IP in an online retail business, obtaining essential third-party rights, avoiding infringement of others’ rights, and enforcing IP against infringers. It addresses choosing a brand, creating an online retail website, running promotional activity, and dealing with suppliers, and also considers emerging technologies such as artificial intelligence ( AI) and the Metaverse. The key issues to consider include: Protecting IP used for retail services and planning effective enforcement. Securing the necessary third-party IP rights and permissions. Reducing the risk of infringing competitors’ rights and responding to infringements. Choosing a brand name When defining an online retail strategy, ensure you select a brand that serves as a clear badge of origin,...
This Practice Note outlines the approach to the responsibility of providers of intermediary services for unlawful and illegal content circulated or conveyed through their services, together with the conditional liability exemptions in the Electronic Commerce ( EC Directive) Regulations 2002 (the E- Commerce Regulations 2002), SI 2002/2013. Those Regulations gave effect to Directive 2000/31/ EC (the EU E- Commerce Directive), so the exemptions originate in EU law and, from the end of 2023, are treated as assimilated law. The Practice Note also considers how the UK approach to these exemptions has, or may, depart from the E- Commerce Directive. The E- Commerce Regulations 2002 set out liability shields for unlawful or illegal content applying to information society service providers ( ISSPs) that offer intermediary services. This Practice Note does not explore in depth the EU regulatory framework for ISSPs. For the EU...
This Practice Note examines a typical transaction for the sale and purchase of a second-hand commercial vessel in Ireland, and in particular considers: the principal standard forms used in the market how delivery is conducted the passing of title and risk delivery free of encumbrances the identification of the parties key considerations for financiers, and sale and purchase of fishing vessels specifically Memorandum of agreement As in the UK, many second-hand ship sales are arranged through sale and purchase brokers (commonly referred to as ‘ S& P’ brokers) acting for their principals. In Ireland, most shipping sales concern vessels for private use or commercial fishing. For larger vessels, negotiations typically proceed via a series of written exchanges, with the agreed terms then formally captured in a contract between the shipowner (as seller) and the buyer, generally called a...
This Practice Note centres on the Ukraine Permission Extension Scheme, while also setting out background for Ukrainians seeking entry or already in the UK on a visa, alongside broader worries such as potential routes to settlement. It further outlines context on the Ukraine Scheme visa pathways overall. A central concern for advisers assisting people with leave under the Ukraine Scheme is the persistent uncertainty about what lies ahead. The government maintains there will be no route to settlement for Ukrainians, yet many will have put down roots in the UK, developing strong private lives after years of lawful residence. Meanwhile, it is not clear how long the Homes for Ukraine Sponsorship Scheme and the Ukraine Permission Extension Scheme will stay open. Should there be a judged durable shift in conditions in Ukraine, the position may alter... Key resources at a glance ...
Homes for Ukraine Sponsorship Scheme (the scheme) The Homes for Ukraine Sponsorship Scheme enables Ukrainian citizens, and certain eligible family members, living outside the UK to seek entry to the UK if an authorised UK-based sponsor agrees to provide accommodation. The scheme is contained in the Immigration Rules, Appendix Ukraine Scheme, and is presently the sole Ukraine pathway open to fresh applicants from overseas. The Ukraine Family Scheme stopped accepting new applications at 3 pm on 19 February 2024. The Ukraine Extension Scheme closed on 16 May 2024 and is now fully closed. Individuals already in the UK with leave under a Ukraine route may qualify to extend that leave via the Ukraine Permission Extension Scheme ( UPES). Leave granted under this scheme does not currently lead to settlement. The scheme was launched in 2022 following the Ukraine Family Scheme (now closed). A...
Preference claim under section 239 of the Insolvency Act 1986 ( IA 1986) A preference claim under section 239 of the Insolvency Act 1986 ( IA 1986) exists to stop a creditor being elevated for historic debts ahead of others, thereby frustrating pari passu distribution to creditors on insolvency. For more detail on pari passu distribution, see Practice Note: The pari passu principle and collection remedies for the office-holder. For a transaction to amount to a preference under IA 1986, s 239, the following must be satisfied: the company is in liquidation or administration the transaction occurred at the relevant time, namely: within six months before the onset of insolvency, or if the respondent is connected with the company, within two years before the onset of...
Out-of-court appointments This Practice Note covers: the out-of-court process for appointing an administrator by either the company or its directors, and the documents needed to complete the appointment in practice The core provisions governing administrator appointments by a company or its directors via the out-of-court route appear in paragraphs 22–34 of Schedule B1 to the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, rr 3.23–3.26. In outline, the appointment unfolds in three stages, namely: Pre-appointment Notice of intention to appoint Notice of appointment For a step-by-step checklist, see: Appointment of an administrator using the out-of-court procedure by the director(s) or the company—checklist and timeline. For who may use this route and the circumstances in which it is available, see Practice Note: Out-of-court administrator appointments—who can appoint and in what circumstances? For guidance on electronic filing (e-filing) of...
This Practice Note examines section 235 of the Insolvency Act 1986 ( IA 1986), which establishes an informal route for office-holders to obtain information about the company, including its promotion, formation, business, dealings, affairs or property. For key authorities and related material, see Practice Note: Duty to co-operate with office-holder under section 235 of the Insolvency Act 1986—key cases. Where needed, having sought to obtain information under IA 1986, s 235, an office-holder may apply to the court for an order requiring the provision of information and/or documents under IA 1986, s 236. For further information, see Practice Notes: Basic principles—the delivery-up of information and property to the insolvency office-holder Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986 Scope of the duty Under IA 1986, s 235, the duty is to: provide the...
Obtaining information about the company’s affairs On appointment, a liquidator, provisional liquidator, administrative receiver or administrator (the office-holder) will typically possess no first-hand knowledge of the company’s affairs. To grasp the circumstances behind the company’s insolvency, identify and recover assets, rebuild business and accounting records where required, examine possible claims and bring the estate’s matters into order, the office-holder must secure information regarding: the promotion, formation, business, dealings and affairs of the company the company’s property, along with details enabling the office-holder to claim or safeguard that property Such information may exist in documents or reside in the knowledge of some or all of the company’s directors, employees and/or others. Although the office-holder will commonly try to obtain it informally, the law recognises that persons holding relevant records and information may fail to co-operate with the office-holder. Accordingly, the Insolvency Act 1986 ( IA 1986) places duties on...
The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, which took effect on 6 April 2017, introduced deemed consent and creditors’ decision procedures as the default means for insolvency practitioners ( IPs) to engage with creditors, in place of holding physical meetings. Creditors can still seek a physical meeting if they reject the deemed consent or decision procedure proposed by the IP. Such a request must be made by 10% in value of creditors, 10% in number of creditors, or any ten creditors. Accordingly, the rules on proxies remain relevant where a physical meeting is held. For further reading on the available decision-making routes, see Practice Note: The decision-making procedures and deemed consent. What is a proxy? A proxy is a document completed by a creditor, member or contributory that directs or authorises a proxy-holder to represent them at a meeting or...
Impact of appointment The consequences of appointing a receiver under the Law of Property Act 1925 ( LPA 1925), or following a fixed charge (described in this Practice Note as an LPA/fixed charge receiver), differ markedly from the appointment of an administrator, liquidator, or a trustee in bankruptcy. This should not be conflated with those appointments. Putting in place an LPA/fixed charge receiver is a mortgagee’s remedy. It is not an insolvency process and does not, of itself, indicate that the mortgagor is insolvent. It does not, as such, amount to insolvency. Subject to the lease terms, landlord/lessor remedies—such as forfeiture—available when a lessee enters an insolvency process may not be engaged merely because an LPA/fixed charge receiver is appointed. That said, the appointment does simply affect the property, though the consequences are less severe than where insolvency procedures are actually underway. The...
Part VII transfer schemes This Practice Note logs key hearing dates, either proposed or listed, in the High Court, Insolvency and Companies Court ( Chancery Division) daily cause list from 1 January 2026 onwards, prioritising the most recent first, for Part VII transfer schemes: transfer schemes under Part VII of the......
Practice Statement for schemes and RPs 2025 On 18 September 2025, Sir Julian Flaux, the Chancellor of the High Court, unveiled an updated Practice Statement— Companies: Schemes of Arrangement and Restructuring Plans under Parts 26 and 26A of the Companies Act 2006 ( CA 2006)—replacing the 26 June 2020 Practice Statement ( Companies: Schemes of Arrangement under Part 26 and Part 26A of the Companies Act) after a public consultation (see Article: The law of unintended consequences? A new Practice Statement for Schemes and Plans: (2025) 4 CRI 111). From 1 January 2026 (see: LNB News 19/09/2025 33), it sets the procedural framework for Part 26 schemes of arrangement (schemes; see Practice Note: Schemes of arrangement—process and statutory framework) and Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans—process) between a company and its creditors and/or members. The update follows a period of...
How is a liquidator’s remuneration determined? Remuneration for an insolvency office-holder (in whatever capacity they are appointed) is determined under the Insolvency Act 1986 ( IA 1986) and the Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024. In addition, office-holders should have regard to the Statements of Insolvency Practice ( SIPs), which provide guidance on the basis of remuneration to be used. Any court considering the question of office-holder remuneration will apply part six of the Practice Direction on Insolvency Proceedings ( PDIP), and this should also be taken into account by office-holders in practice. Fees can be fixed either: as a percentage of the value of the assets which are realised, distributed or both realised and distributed by reference to the time properly spent by the office-holder and the office-holder’s staff in attending to matters arising in the...
Under the Insolvency Act 1986 ( IA 1986), an administration—often called the administration term or the administrator’s tenure—ends automatically after 12 months unless a valid extension is obtained, irrespective of the route by which the administrator was appointed. For more detail, see Practice Note: How an administration comes to an end— Automatic end. Once that period expires, former administrators lose authority to use any powers granted by the IA 1986. If they act on the mistaken basis that their appointment continues, they may face personal exposure, including claims for trespass or interference with the company’s property and proceedings for breach of duty/misfeasance. Where additional time is needed, administrators must apply for an extension and present proper grounds—commonly that unresolved administration matters remain, for example the need for further time to realise assets. How and when can an administrator seek to extend their term?......
Scope of this Practice Note This Practice Note sets out the Eurosystem’s policy for the future of European payments, covering the comprehensive payments strategy published in March 2026, the Eurosystem cash strategy and the Eurosystem retail payments strategy. It assesses how these strands interact with the EU legal framework for payment services, electronic money, cryptoassets and the digital euro, including the recast Payment Services Directive ( Directive ( EU) 2015/2366) ( PSD2), the proposed third Payment Services Directive ( PSD3), the proposed Payment Services Regulation ( EU PSR), the Markets in Cryptoassets Regulation ( Regulation ( EU) 2023/1114) ( Mi CA), the Instant Payments Regulation and the proposed digital euro regime. This Practice Note concentrates on strategy and policy direction. For more detail, see: the payment services perimeter, authorisation, conduct, transparency, security and strong customer authentication requirements: Practice Note: EU regulation of payment...
There are several ways in which an administration can come to an end depending on the specific circumstances of the administration. The default position is that an administration should not run for more than 12 months; unless a different exit is adopted, it terminates automatically at the end of that period. Once the term has expired, former administrators lack authority to exercise any powers conferred on administrators under the Insolvency Act 1986 ( IA 1986). Steps taken while wrongly assuming the appointment is still in force may expose them to personal liability for trespass to or interference with the company's property and to breach of duty/misfeasance proceedings. Where extra time is genuinely required, an extension must be sought for good cause—such as the need to pursue litigation for the estate—see Practice Note: How can an administrator apply to extend the period of...
This Practice Note summarises structural changes orders made under the Local Government and Public Involvement in Health Act 2007 ( LGPIHA 2007). For additional local government reorganisation ( LGR) materials, see: Local government reorganisation ( LGR)-overview and the Practice Notes: Local government reorganisation ( LGR)-tracker, Local government reorganisation ( LGR)-quick guide and Local government reorganisation ( LGR)-key resources... What is a structural changes order? A structural changes order is a statutory instrument that reshapes local government within a specified area. It removes existing arrangements, establishes new authorities and may widen the boundary of an existing single-tier authority on a set date... Anatomy of a structural changes order Sets out transitional steps for moving functions, property, rights and liabilities from outgoing authorities to successor bodies. Provides for first elections to the new authority or authorities, including warding, councillor totals, terms of office and vacancy...
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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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