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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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Historically, the UK government backed fracking. However, after a run of successive seismic events at the country’s only active fracking site, operated by Cuadrilla in Lancashire, a scientific assessment by the North Sea Transition Authority ( NSTA) (formerly known as the Oil and Gas Authority) concluded that the probability of fracking‑related seismic activity could not be predicted with confidence. On the strength of that assessment, the government shifted its stance and, on 4 November 2019, issued a written statement which, on the basis of the then current scientific evidence, confirmed a presumption against granting any further hydraulic fracturing consents. This amounted to an effective, de facto moratorium, to be kept in place until compelling new evidence is brought forward addressing concerns about the prediction and management of induced seismicity. At the same time, it confirmed that it would not take forward the...
What is smart metering? For a primer on smart meters, refer to Practice Note: What is a smart meter? GB’s licensed electricity and gas suppliers, under their supply licences, must take all reasonable steps to roll out smart meters to domestic and small business customers. The smart metering rollout is expected to lower customers’ energy bills, improve energy efficiency and make switching energy supplier simpler. For a detailed overview of the timetable for GB’s rollout, the regulation governing smart metering, and the typical structures and financing arrangements used by energy suppliers to enable this rollout, see Practice Note: Smart metering regulation and smart metering projects. What are the key organisations in the GB smart metering market? Capita plc ( Capita) — the ultimate owner of the initial smart metering communications licensee, Smart DCC Limited (for more on which, see below). Capita is a...
This Practice Note forms part of the Lexis+® UK Corporate Private equity buyout transaction collection. Timing Completion of a private equity buyout ( MBO) may occur at the same time as signing and executing the formal documentation, or on a subsequent date. Where completion of the acquisition and/or equity element is subject to conditions, the parties will exchange and complete later (split exchange and completion). If there are no conditions, completion will be contemporaneous with signing. Post-completion timetables depend on the specific task: some must be dealt with immediately after completion, while others arise only in particular scenarios or may not involve the parties’ lawyers at all. Immediate steps include paying stamp duty and making filings at Companies House. Contingent actions may include bringing a warranty claim, if circumstances warrant it. Operational payments, such as earn-out...
Holding This Practice Note outlines the law, guidance and customary practice concerning the conduct of an annual general meeting ( AGM) in practice. It is intended for both practitioners and company secretaries working with private companies limited by shares and unlisted public companies limited by shares. For information on the notice obligations for an AGM of a private company or an unlisted public company, see Practice Note: AGMs—notice requirements for private and unlisted public companies. A public company must convene an AGM every year within a six‑month period beginning on the day after its accounting reference date. A private company is not obliged to hold an AGM, although it may opt to do so, or its articles of association may stipulate that it must. Detailed provisions on calling and holding an AGM are contained in the Companies Act 2006 ( CA 2006). These cover both the...
‘ Exceptional circumstances’ This Practice Note examines the ‘ Exceptional circumstances’ provisions in para GEN.3.1–3.3 of the Immigration Rules, Appendix FM, engaged where a partner, child or parent seeking to apply under Appendix FM fails to satisfy every element of the five-year route. They can also be relevant when an application for leave to remain made in a different category is assessed by reference to Appendix FM. In contrast to para EX.1, which is confined to applications for leave to remain, the ‘ Exceptional circumstances’ provisions extend to all applications for entry clearance as well as leave to remain. On 22 February 2017, the Supreme Court delivered its judgment in R ( MM ( Lebanon)) v Secretary of State for the Home Department ( SSHD). That ruling confirmed the lawfulness of the ‘minimum income threshold’ for partner and children...
Brexit impact At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation phase that followed the UK’s withdrawal from the EU formally came to a close. At that moment—known in UK legislation as ‘ IP completion day’—core transitional arrangements ceased and notable shifts started to apply across the UK legal framework, with key measures taking effect across the UK legal system. Any developments pertinent to this content will be detailed below. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) established a fresh class of domestic UK law—retained EU Law ( REUL)—comprising EU-derived rights and instruments preserved in the UK following Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. In particular, that Act reshapes how REUL is handled...
When collaborators join forces on creative projects or research and development, knotty questions arise about who owns any resulting IP. Joint ownership can appear a straightforward and equitable answer where efforts were shared and the contributions cannot be disentangled. Yet, without careful thought about how jointly created IP will be owned, organised and exploited, parties may face legal traps, practical hurdles and limits on full commercialisation. In the great majority of cases, it is preferable to put in place an express agreement on joint ownership of IP rather than depend on the default legal position... This Practice Note provides an overview of the law on joint ownership of IP (also known as co-ownership, used interchangeably in this note): Implied joint ownership—basic principles Implied joint ownership—risks and obstacles Joint ownership agreements—key considerations Alternatives to joint ownership of IP ...
CASE HUB ( NOTE—appeal lodged by CEAHR before the Court of Justice in Case C‑3/18 P) ARCHIVED — this archived case hub records the position as at the date of the judgment of 23 October 2017; it is no longer maintained. See further: timeline commentary relevant/related cases Case facts Outline: An appeal was brought before the General Court challenging the European Commission’s decision to reject a complaint by CEAHR. The complaint alleged infringements of Articles 101 and/or 102 TFEU by several watch manufacturers, arising from their refusal to continue supplying spare parts to independent watch repairers. Outcome On 23 October 2017, the General Court delivered its judgment, dismissing in full the action seeking annulment of the European Commission’s decision to refuse CEAHR’s complaint alleging breaches of Articles 101 and/or 102 TFEU by a number of watch manufacturers in relation to the decision not to continue...
From 1 April 2018, land transaction tax ( LTT) replaced stamp duty land tax ( SDLT) in Wales. This Practice Note outlines the principal administrative and compliance aspects of LTT, covering: filing returns and payment management and collection of LTT by the Welsh Revenue Authority ( WRA) amendment and correction of returns enquiries assessments penalties Where appropriate, distinctions between LTT and SDLT are noted. This Practice Note expands on the essentials in Practice Note: Wales: Land transaction tax ( LTT)—the basics. The legislative framework for LTT is the Land Transaction Tax and Anti-avoidance of Devolved Taxes ( Wales) Act 2017 ( LTTADT( W) A 2017). Unless stated otherwise, statutory references are to the LTTADT( W) A 2017. Administration LTT is overseen by the WRA. The WRA is a non-ministerial department of Welsh Government with its own board and staff, and its...
This Practice Note has been archived and is no longer being maintained at present. Sentences for fraud by false representation A defendant found guilty of fraud by false representation on indictment in the Crown Court upon conviction may receive up to ten years’ imprisonment, a fine, or both. The Sentencing Council (the Council) has issued distinct sentencing guidelines for use in magistrates’ courts and the Crown Court covering fraud by individuals and corporate offenders alike (collectively, the Fraud Guidelines). These Fraud Guidelines are the primary reference point when advising clients in relation to likely sentences. The Council formerly included these offence‑specific directions within the Fraud, Bribery and Money Laundering Offences: Definitive Guideline, but they are now hosted online (and not in PDF or paper) as separate, offence‑specific documents for the magistrates’ courts and the Crown Courts. The...
This Practice Note reviews the Conditions of Contract for Construction 1999 (widely known as the FIDIC Red Book 1999) alongside the Conditions of Contract for Construction MDB Harmonised Edition 2010 (the FIDIC Pink Book 2010), highlighting principal distinctions between these two forms. It places the forms in context for practitioners to support consistent interpretation and informed selection. A revised Red Book edition appeared in December 2017. For further detail, see Practice Note: FIDIC contracts 2017—what’s changed? [ Archived]. The FIDIC Red Book 1999 Among FIDIC agreements, the Red Book is one of the most frequently applied. It suits building or engineering projects where the Contractor delivers works to the Employer’s design. For expanded commentary on the Red Book 1999, consult Practice Note: FIDIC—introduction to the Red Book 1999. The FIDIC Pink Book 2010 The Pink Book is applied on construction schemes financed by...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the abandonment of the transaction on 20 March 2018; it is no longer maintained. See further, timeline. Case facts ARCHIVE 20/03/2018 Outline European Commission merger review of the proposed joint venture between Celanese and Blackstone relating to acetate flake and acetate tow ( Case M.8547). The deal presented horizontal overlaps in the acetate tow market. Latest developments On 20 March 2018, the Commission closed its inquiry after the parties pulled their filing, following their choice to discontinue the transaction. Parties Celanese Corporation is a US-based global technology and speciality materials company with its head office in Irving, Texas. Blackstone is a US-based private equity group. The joint venture would have included Celanese’s Cellulose Derivatives business (together with existing joint ventures with China National Tobacco Corporation) and Blackstone’s Rhodia Acetow business (recently bought from...
Goode: Consumer Credit Law and Practice This volume offers an authoritative analysis of consumer credit across the UK, considering the effects of shifting consumer credit regulation to the Financial Conduct Authority ( FCA) in April 2014, alongside the implications of the UK’s departure from the EU. Division I: Commentary Division II: Consumer Credit Act Division III: Regulations under the Act Division IV: Financial Service Regulation ......
ARCHIVED: This tracker has been archived and is not maintained. The Feed-in Tariff ( Fi T) launched in April 2010 as the government’s principal policy to boost small-scale, low-carbon electricity generation across Great Britain ( GB). It is underpinned by the Feed-in Tariffs Order 2012, SI 2012/2782 (as amended), alongside modifications to Conditions 33 and 34 of the standard conditions of electricity supply licences, i.e. the Standard Licence Conditions. The Fi T is open to all—ranging from households to local authorities, landlords and businesses. Off-grid generators, provided they meet the eligibility criteria and confirm they will use all the power they produce, may access partial Fi T payments; as no electricity is exported, they qualify only for the generation tariff. Those who qualify for the Fi T: receive payments from certain licensed electricity suppliers (a Fi T licensee) for each kilowatt hour (p/k Wh)...
This Practice Note explains when asset valuations are appropriate in financial remedy proceedings. It gives guidance on completing a financial statement in Form E and on valuing property, business assets, pensions, insurance policies and chattels. It also sets out procedural points, including expert evidence. Rationale for valuation In any financial remedy application, values for all relevant assets and liabilities must be obtained. Failure to do so may amount to professional negligence. Only then can the parties and the court assess the overall financial picture. Form E asks for valuations to be supplied, for example: a copy of any real property valuation obtained within the past six months; a recent mortgage statement confirming the balance outstanding on each mortgage; statements for the last 12 months for every bank, building society and National Savings account—the requirements cover all accounts, whether in credit or...
Author: James Todd, with appreciation to David Cruickshank and Jamie Dunne Introduction and scope The purpose of this Practice Note is to: introduce the rise of ‘gas peaking’ projects that are becoming increasingly widespread across Great Britain’s ( GB) electricity market, and set out the principal subsidy/support arrangements that make such projects attractive for developers and, where appropriately structured, suitable for project financing For more information on central project financing issues relating to gas peaking projects, see Practice Note: Gas peaking projects—key project issues relevant to project financing. This Practice Note considers gas peaking within the GB energy market and does not take account of the distinct position in Northern Ireland. For further practical guidance on the financing of energy, power and resources projects across a range of sectors, including those discussed in this Practice Note, see also textbook: Energy and Resources Financing: A Practical...
This Tracker gathers a range of illustrative rulings that may offer insight into the factors a court may regard as relevant when deciding whether to make or grant an order for alternative service in matters where the defendant/respondent is located in England and Wales ( England), or where a contract provides for service in England even though the defendant is in another jurisdiction. Note that the service provisions in Part 6 underwent major revision in 2008, and any authorities predating that reform are excluded from this tracker as they may not fully reflect the current position. For illustrative decisions with cross-border dimensions, see Practice Note: (cross border). For guidance on different aspects of alternative service, see the following Practice Notes: Alternative service—principles Alternative service—types of alternative service Serving court documents on persons unknown Alternative...
The directors of a company are responsible for the day to day management of that company. Its board is entrusted with authority and day-to-day control by the articles of association, by common law and by members’ resolutions, empowering directors to act for the company. That authority is curtailed by any constraints in the articles, by the statutory duties of directors under the Companies Act 2006 ( CA 2006), and by matters that CA 2006 reserves to the members (for example, member consent is needed where the company proposes certain dealings with its directors). In contrast to the clear rules for members’ decisions—taken by written resolution or at a general meeting or annual general meeting— CA 2006 sets out no regime for how directors themselves reach decisions. Larger companies that follow a corporate governance code, such as the Financial Reporting Council’s UK Corporate...
This Practice Note distils case studies and Q& As issued by the Law Society within its Criminal Finances Act 2017 guidance about the offence of failing to prevent the facilitation of tax evasion. It is designed for law firms. The Law Society’s Criminal Finances Act 2017 guidance was approved by the chancellor on 21 November 2018; however, that approval does not extend to the accompanying questions and scenarios, which are summarised in this Practice Note... The failure-to-prevent facilitation of tax evasion offences Under the Criminal Finances Act 2017 ( CFA 2017), there are two possible offences, determined by whether the evaded tax is payable in the UK or in another jurisdiction. Each offence involves three key stages, all of which must be present for criminal liability to arise. For further detail, see Practice Note: Failure to prevent facilitation of tax...
Industry bodies Body Description Electricity Settlements Company Ltd ( ESC) The ESC serves as the Capacity Market Settlement Body, handling capacity payments to, and penalty payments from, participants supported by the Capacity Market. It also oversees the inflows from licensed electricity suppliers that underpin these disbursements. Appointed under the Capacity Regulations ( SI 2014/2043, reg 80), the ESC is wholly owned by DESNZ, which, from 7 February 2023, took over the energy portfolio of the former Department for Business, Energy and Industrial Strategy ( BEIS), now dissolved. Its relationship with its sole shareholder—the Secretary of State for Energy Security and Net Zero ( So S), previously the Secretary of State for BEIS—is defined by a Framework Document. In practice, the ESC shares an office, website, and senior officers with the Low Carbon Contracts Company Ltd ( LCCC), the counterparty to the low carbon Contract for...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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