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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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When choosing whom to engage, employers and recruitment agencies commonly request references or conduct other screening—see Practice Note: Pre-employment checks. Such steps are generally entirely lawful. Blacklisting, however, entails deliberately compiling information about trade unionists with the aim of discriminating against them because of their union membership or activities. That form of blacklisting is unlawful under the Employment Relations Act 1999 ( Blacklists) Regulations 2010 ( Blacklisting Regulations 2010), SI 2010/493. Meaning of 'prohibited list' The statutory scheme uses the term ‘prohibited list’, and in various circumstances it is unlawful to compile, use, sell or supply one. A ‘prohibited list’ is a list that: contains details of people who: are or have been members of trade unions, or are taking part in or have taken part in trade union...
Practice Note: Goods vehicle licensing Across England, Wales and Scotland, Traffic Commissioners grant operator licences. They oversee the licensing and regulation of operators of heavy goods vehicles, light goods vehicles ( LGVs) and passenger service vehicles, and also deal with the registration of local bus services. A general overview of the operator licensing regime is available in Practice Note: Goods vehicle licensing. Licensing for LGVs commenced on 21 May 2022 and extends to vehicles, and vehicle–trailer combinations, weighing above 2.5 tonnes but no more than 3.5 tonnes when undertaking international journeys. See Practice Note: Goods vehicle licensing. Their remit covers England, Wales and Scotland. An outline of the system is provided in the same Practice Note for reference. Ensuring compliance with the conditions of an operator’s licence, and with road transport law, falls to the Driver and Vehicle Standards Agency ( DVSA) and the police. The DVSA and...
This Practice Note focuses on the practical issues arising on the winding-up of defined benefit ( DB) pension schemes Where a wind-up is anticipated, many of the points outlined below can be addressed in advance, and, preferably, a project plan should be prepared and agreed by the trustees and the employer. In such a case, the scheme employer must also consult any employees who are affected and ensure it meets its statutory auto-enrolment duties (further details on both are provided below). Attention should additionally be given to whether changes could, or should, be made to the scheme’s trust deed or rules before winding-up begins because, subject to the scheme’s amendment power, alterations may not be permitted once winding-up has been triggered. For more information, see Practice Note: Interpretation of restrictions on pension scheme amendment powers. In certain situations, advance planning will not be...
Capacity Market ( CM) The Capacity Market ( CM) exists to secure adequate investment in dependable capacity across the electricity system so that supplies remain reliable and secure. It operates by paying capacity providers a regular retainer in exchange for a clear commitment to deliver capacity when the system is under strain, acting as an explicit hedge against potential black outs in future. For a summary of the CM’s principal features and operation, see Practice Note: Capacity Market—key features. The CM is one of the principal tools used by government to deliver electricity market reform ( EMR) (see Practice Note: Electricity Market Reform ( EMR)). The other central instrument introduced via EMR is the Contracts for Difference revenue support framework for low carbon generation projects, see Practice Note: Contracts for Difference ( Cf D)—key features for further details. This CM tracker presents, in reverse...
Contracts for Difference ( Cf D) scheme The purpose of the Contracts for Difference ( Cf D) scheme is to deliver long‑term price stability and revenue assurance for low carbon generation projects, and to unlock investment at reduced capital costs, thereby lowering the burden on consumers of financing the scheme. The Cf D is a principal mechanism brought forward by the UK government under Electricity Market Reform ( EMR) (see Practice Note: Electricity Market Reform ( EMR)), as part of that reform package. The other flagship EMR instrument is the Capacity Market; for further details, see Practice Note: Capacity Market—key features. After EMR, the lead UK government programme charged with reshaping the Great Britain ( GB) national electricity market is the ‘ Review of Electricity Market Arrangements’ ( REMA). For added context on REMA, including how it interacts with the Cf D...
This Practice Note reviews the role of the Engineer under the FIDIC Red and Yellow Books 1999, and the Pink Book 2010. The FIDIC Silver Book 1999 and the FIDIC Gold Book 2008 provide for an ‘ Employer’s Representative’ rather than an Engineer and therefore fall outside this Practice Note. Although, in the FIDIC Gold Book 2008, the Employer’s Representative broadly aligns with the Engineer’s function, the position under the FIDIC Silver Book 1999 is significantly different. For guidance on the Engineer’s role under the FIDIC Red and Yellow Books 2017, see Practice Note: FIDIC contracts 2017—the role of the Engineer. Who is the Engineer? The Engineer is “the person appointed by the Employer to act as Engineer for the purposes of the Contract and named in the Appendix to Tender, or another person appointed by the Employer from time to time and notified to the...
Case tracker on fundamental dishonesty This tracker reviews case law to date on fundamental dishonesty, chiefly regarding the court’s power to dismiss a claim under section 57 of the Criminal Justice and Courts Act 2015 ( CJCA 2015), and also the exception to qualified one-way costs shifting ( QOCS) under CPR 44.16. The decisions provide guidance on how the courts are construing fundamental dishonesty. Where available, links to judgments and/or commentary are included. This tracker should be read alongside the following Practice Notes: What is fundamental dishonesty? Personal injury claims and the Criminal Justice and Courts Act 2015 Qualified one-way costs shifting ( QOCS) Qualified one-way costs shifting ( QOCS)—case tracker No finding of fundamental dishonesty Case name and details Hakmi v East & North Hertfordshire NHS Trust [2025] EWHC 2597 ( KB), King’s Bench Division, October...
Local authorities can employ a range of measures to secure business compliance with the Food Safety Act 1990 ( FSA 1990) and the relevant Codes of Practice, using proportionate and escalating interventions as required, such as: education advice guidance warning letters improvement notices emergency prohibition notices formal cautions prosecution For an overview of the principal offences under the FSA 1990, see Practice Note: Food Safety Act 1990 offences. For details on out-of-court disposals, see Practice Note: Alternatives to prosecution for adults. As set out in the Food Standards Agency’s ( FSA) Food Law Code of Practice and Food Law Practice Guidance, the choice of enforcement action turns on the level of risk posed to public health. Prohibition notices and prosecution are reserved for circumstances where there is an imminent risk of injury to health linked to...
Framework agreements Framework agreements (often called master services agreements) act as umbrella contracts setting out standard terms and conditions for goods or services procured under separate call-off contracts, frequently described as statements of work or work orders. This Practice Note centres on the use of such frameworks for the supply of services. Nevertheless, they are equally effective for any goods or services where a purchaser expects repeat requirements over time. They are also valuable when arranging the supply of goods and services across several jurisdictions. The framework can capture the overarching terms and conditions, whilst each call-off (sometimes referred to as a local enabling agreement, or a local services agreement, in that scenario) can include country-specific provisions. Framework agreements are adopted in both public and private sectors; however, public bodies must observe and comply with relevant public procurement rules when entering into...
Among business people, lawyers often carry a reputation for risk aversion. In-house and compliance counsel cannot be excessively cautious—they must recognise risk, determine where it lies and respond proportionately. If they do not, they risk becoming a needless barrier within the organisation, blocking sound commercial plans and estranging themselves from colleagues... In-house lawyers and compliance specialists handle legal and regulatory risk every day. To maximise your contribution, you should also take part in assessing and managing your organisation’s non-legal risks. This Practice Note offers guidance on identifying and evaluating risk across the business. Managing risk is not a single task—it is an ongoing discipline, illustrated below... This Practice Note covers the following stages from the lifecycle: establish the organisation's risk appetite—see Precedent: Risk appetite statement gather risk information from internal stakeholders—see Precedent: Risk questionnaire review available risk information to identify...
Planning responsibilities across the Greater London area are discharged by the following: the Mayor of London (the Mayor) the 32 London Boroughs the City of London Corporation two Mayoral Development Corporations for specific areas The government has issued guidance on the legislation and scrutiny of Mayoral Development Corporations operating within combined authorities and within combined county authorities. Powers under the Greater London Authority Act 1999 The Greater London Authority Act 1999 ( GLAA 1999) established a Greater London Assembly for the Greater London Area, with the objective of promoting economic and social development in Greater London and improving the environment across the area. The GLAA 1999 further provides for a directly elected Mayor, empowered to undertake any of the authority’s important functions on its behalf, and who holds responsibility for strategic governance in London. The planning functions are set out in GLAA 1999, Pt VIII, as well as in...
The general rule for detailed assessment The standard position on when detailed assessment occurs is set out in CPR 47.1: the costs of any part of the case are not to be determined by detailed assessment until the case has concluded. This is chiefly to allow costs to be considered as a whole. However, as confirmed in Rawlinson & Hunter Trustees SA (in its capacity as trustee of the Tchenguiz Settlement) v ITG Ltd (2015), the court may depart from the default position and order assessment of costs at any stage of the proceedings. Such directions stipulate assessment “forthwith”, “immediately”, or similar, and are commonly described as “forthwith orders”, the term used in this Practice Note. Detailed assessment—where proceedings have not been concluded Even if the proceedings have not finished, detailed assessment may proceed where: the court has made an award of...
Many people have cross-border ties that must be factored into succession planning. They may have been born outside England and Wales or hold property in overseas jurisdictions. As these connections can evolve, it is vital to review arrangements regularly, especially when personal circumstances shift. For guidance on foreign jurisdictions, consult the Foreign jurisdictions—overview and the International Q& A guides— Private Client—overview sub-topics. The International Comparator Tool can also assist when contrasting legal frameworks across multiple jurisdictions. Separate Wills in various jurisdictions Traditionally, clients have been advised to put in place a distinct Will for each jurisdiction where assets are situated. This can prevent delays linked to waiting for probate processes abroad and reduce the need for notarised translations and complications with Affidavits of Law. Nonetheless, this approach is not universally suitable. When advising, ensure the client addresses key points such as: Where do they intend to...
FORTHCOMING CHANGE: On 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must follow PA 2023, while procedures begun under earlier regimes—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and administered under those rules. See Practice Note: Introduction to the Procurement Act 2023. PCR 2015 as assimilated law As EU-derived domestic legislation, PCR 2015 constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. FORTHCOMING CHANGE: From 24 February 2025, Procurement Policy Note ( PPN) 015 supersedes PPN 10/23 with updated guidance on evaluating suppliers’ payment...
ARCHIVED: This Practice Note has been archived and is not maintained The Construction case tracker compiles significant judgments from 2015 (from 1 June 2015 onwards) regarded as pertinent to construction practitioners, with entries arranged in reverse chronological sequence, considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: Construction law case tracker Construction case tracker—2020 [ Archived] Construction case tracker—2019 [ Archived] Construction case tracker—2018 [ Archived] Construction case tracker—2017 [ Archived] Construction case tracker—2016 [ Archived] Public procurement decisions appear in the: UK public procurement case tracker and the EU public procurement case tracker. December 2015 Case | Judgment date | Summary Fulton Shipping Inc of Panama v Globalia Business Travel SAU (formerly Travelplan SAU) of Spain [2015] EWCA Civ 1299 — 21 December 2015 Repudiation/damages: The Court of Appeal allowed an appeal concerning the assessment of damages following the ship charterers’ repudiatory breach. The court determined that where a...
Guarantees are often an important element of a financing transaction for lenders. Guarantees commonly play a key role in finance deals for lenders and are typically taken together with a security package (see Practice Notes: Guarantees— How guarantees are used in finance transactions and Difference between security and quasi-security— Using security and quasi-security together). They are frequently a requirement of a lender's credit committee approval. It is therefore crucial to grasp when a guarantor might be freed or discharged from liability under a guarantee. This Practice Note examines when a guarantor can revoke its liability by giving notice to the lender, and the resulting effect of that revocation. Note that there are several additional scenarios in which a guarantor’s liability will come to an end. For instance, a guarantee may terminate because: the guaranteed obligation is fulfilled by the principal and the...
ARCHIVED : This Practice Note is archived and no longer updated, and it will not be revised further or maintained going forward. It formerly outlined the investigative powers of the US Department of Justice ( DOJ) and the Securities and Exchange Commission ( SEC) in relation to bribery and corruption offences under the Foreign Corrupt Practices Act 1977 ( FCPA 1977), before the Executive Order of February 2025 halting all investigations and prosecutions under the Foreign Corrupt Practices Act ( FCPA) and the subsequent publication of revised DOJ guidance for FCPA investigations and enforcement. For more detailed information, consult the DOJ FCPA Guidelines and the following News Analyses: Foreign countries have strong foundation to fill FCPA void DOJ signals major shift in white collar enforcement priorities Feds reboot FCPA agenda with narrower enforcement focus The US Foreign Corrupt Practices Act 1977 ( FCPA) forms part of US...
This Practice Note reviews the Principles of Corporate Governance ( Principles) issued by the Group of 20 ( G20) together with the Organisation for Economic Co-operation and Development ( OECD). It offers brief background on the OECD and the G20 and explains the aims of the Principles. The note also highlights the main recommendations and how they shape policy makers’ agendas worldwide in practice today. OECD The OECD is an international organisation consisting of 38 member states. Established in 1961, its mission is to advance policies that enhance the economic and social well-being of people across the globe. It collaborates closely with emerging markets such as China, India and Brazil, and with other developing economies throughout Africa, Asia, Latin America and the Caribbean. Further details are available on the OECD website for interested readers to consult. G20 The G20 is an...
Export credit agency ( ECA) backed financing has long served as a dependable funding route for the shipping and offshore sectors, yet the financial crisis expanded the influence of ECAs across all areas, from cruise vessels to drilling units and liquefied natural gas ( LNG) carriers. Banks commonly welcome ECA participation as it enables them to manage capital pressures in a capital‑intensive industry and to address risks tied to exporting to overseas purchasers. ECAs provide, among other measures, direct lending, insurance and guarantees to facilitate ship finance transactions and to safeguard the interests of domestic shipyards selling worldwide. The financing structure and documentation will differ depending on the particular form of support delivered by the ECA. What are Export Credit Agencies? An ECA is typically a governmental body or a quasi‑governmental agency, but it can also be a publicly or privately owned company (acting on behalf of the...
What is an operator's licence? An operator’s licence is the lawful permission from the licensing authorities required to run particular categories of vehicle across the United Kingdom. The licensing framework applies to heavy goods vehicles ( HGVs), light goods vehicles ( LGVs) together with passenger service vehicles ( PSVs), namely buses, coaches and limousines. This Practice Note centres on HGV and LGV regulation as the primary focus, although there are substantial overlaps with PSVs regarding relevant licensing processes and general enforcement. In England, Wales and Scotland, operator licences are granted by the Traffic Commissioners. The Traffic Commissioners supervise licensing and regulation across the sector for HGV, LGV and PSV operators, and they also register local bus services, with assistance from deputy Traffic Commissioners. As independent statutory licensing authorities, they may, where appropriate, take action against the vocational entitlement of bus, coach and lorry drivers who...
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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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