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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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CASE HUB Appeals challenging the Commission’s referral to phase II were filed in Case T‑902/16 Heidelberg Cement v Commission and Case T‑907/16 Schwenk Zement v Commission. An appeal against the prohibition decision was also lodged in Case T‑380/17 Heidelberg Cement and Schwenk Zement v Commission. ARCHIVED – this case hub reflects the position as at 5 April 2017 and is no longer updated. See also the timeline, commentary and related cases. Case facts Overview of the European Commission’s merger review of the planned joint purchase of Cemex Croatia by Heidelberg Cement and Schwenk ( Case M.7878). The deal raised horizontal overlap concerns in the grey cement market in southern Croatia. Latest developments On 5 April 2017, the Commission blocked the merger. It found the transaction would markedly lessen competition in Croatian grey cement markets. The Commission also determined that the proposed remedies would not have enabled a...
Under Part 8 of the Anti-social Behaviour Act 2003 ( ABA 2003), local authorities ( LAs) can address complaints concerning high hedges. This Practice Note explains what constitutes a high hedge, who may complain, the steps they must take, remedial notices, non-compliance, and appeals. Under ABA 2003, Pt 8, LAs are empowered to handle complaints in respect of high hedges. It sets out processes, outcomes and routes of challenge for affected parties too. Who can complain?......
Introduction An initial public offering ( IPO) is a company’s first sale of shares to the public. For more on what an IPO entails, see: IPO— Main market—overview. A business heading towards an IPO must assess the effect on any employee share arrangements it runs. This analysis should begin at the earliest planning stage, as the IPO structure may need to reflect share plan considerations. An IPO also creates a chance to launch new share schemes—often extending participation to all staff for the first time—and it is usually best for those arrangements to be established before the company’s shares are officially admitted to trading. Organisations may likewise wish to make awards or run an employee offer at the point of listing. Doing so demands advance preparation, with suitable disclosures built into the prospectus. This Practice Note outlines the key points that typically arise on...
Tracker Use this Tracker to confirm if a state is a signatory to the Hague Convention on Choice of Courts Agreements and whether the Convention is already in effect for that jurisdiction. Albania — In force: 1 October 2024. Ratified: 25 June 2024. Signed: 13 February 2024. HCCH website: Albania—the Convention enters into force; HCCH website: Albania signs the Choice of Court Agreements Convention; HCCH notification: Albania ratifies the Choice of Court Agreements Convention. Australia — Signed: No. The Joint Standing Committee on Treaties in 2017 backed accession to the Convention and advised that binding treaty action be undertaken. For information, see Australian Parliament— Convention on Choice of Courts accession. Bahrain — In force: 1 July 2025. Acceded: 13 March 2025. For information, see: Bahrain accedes to the Choice Of Court Convention. China — Approval, ratified or...
Sentencing The Sentencing Council has issued offence‑specific sentencing guidelines (the Guidelines) for application in magistrates’ courts and Crown Courts in England and Wales covering unauthorised or harmful waste deposit, treatment or disposal, and unlawful releases to air, water and land, contrary to section 33 of the Environmental Protection Act 1990 ( EPA 1990) and regulations 12 and 38(1)–(3) of the Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154 ( EPR 2016). They also note the now‑revoked Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675, which were superseded by EPR 2016. The Guidelines have effect from 1 July 2014, irrespective of the date of the offence. They do not apply in Scotland or Northern Ireland, though sentencers in those jurisdictions may consult them when determining sentence. For guidance on the investigation, prosecution and sentencing of...
This Practice Note reviews the provisions for declining vexatious or repeated requests under section 14 of the Freedom of Information Act 2000 ( FIA 2000). Vexatious or repeated requests―scope of the exemption Section 14 sits within FIA 2000, Pt I, which prescribes in detail how requests made under the statute should be managed. Although it is not included among the right to know exemptions listed in FIA 2000, Pt II, in practice it operates to the same effect, as it allows a public authority to refuse a request for information in specified circumstances. section 14(1) effectively releases public authorities from the duty set out in FIA 2000, s 1(1), namely to confirm whether information is held and, if it is, to disclose it to the requester. This applies where the request is vexatious. FIA 2000 does not further define...
The Planning Act 2008 ( PA 2008) brought in development consent orders ( DCOs) for nationally significant infrastructure projects ( NSIPs). This framework allows compulsory acquisition powers to be included within a DCO, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This applies to development in England; in Wales, where compulsory acquisition is required for associated development, a distinct compulsory purchase order still has to be promoted. This Practice Note addresses the focus required on the nature of land interests proposed to fall within compulsory acquisition powers, and identifies classes of land that demand special treatment from a compulsory acquisition standpoint. It also examines the meaning of ‘associated development’ and the procedure where further land, not in the original DCO application, is later identified as required for compulsory...
While it is widely accepted that grandparents can have a significant presence in their grandchildren's lives, they do not enjoy an automatic entitlement to seek contact. Frequently, after a parental relationship breaks down, arrangements for time between grandparents and grandchildren are agreed informally outside proceedings, or arise within a child arrangements order ( CAO) made in favour of the child's parent. Where, however, relations between a grandparent and the parent with whom the child resides have deteriorated, and the grandparent is stopped from seeing the child, they may look at applying for a CAO under section 8 of the Children Act 1989 ( Ch A 1989). In the majority of situations, the application would ask for a CAO that enables the grandchild to spend time with them or otherwise maintain contact. In other, less common...
Introduction to the senior managers regime The Senior Managers and Certification Regime ( SM& CR) is a comprehensive framework of legislation, regulation and conduct standards designed to cut consumer harm and uphold market integrity by ensuring individuals are accountable for their behaviour and competence. It covers UK financial institutions, including banks, building societies, credit unions, PRA‑designated investment firms and insurers. For an introduction, see Practice Note: SM& CR—one minute guide. Further background and the key principles are outlined in: SM& CR—essentials for banks and PRA‑designated investment firms Conduct Rules for SM& CR Firms The SM& CR was shaped by the Independent Commission on Banking ( ICB) and the Parliamentary Commission on Banking Standards ( PCBS), established following the LIBOR scandal. For detailed analysis of LIBOR and subsequent enforcement, see Practice Notes: Benchmark enforcement action—essentials [ Archived] and Conspiracy to defraud. See also, News...
This Practice Note This Practice Note sets out a checklist of employment due diligence matters that commonly emerge for a buyer when acquiring the entire issued share capital of a company (a share purchase). It spans data protection, confidentiality, worker and employee status, pay and employee benefits, right to work, absence, post-termination covenants, disputes, grievances and claims, trade union issues, and any historic TUPE transfers or redundancies. In a share purchase, the buyer assumes ownership of the company that operates the business (the target), thereby taking on all of its assets, duties and liabilities, whether or not the buyer knew of them—see: General issues (share purchase)—overview. The basic rule for any buyer in a share deal is caveat emptor (let the buyer beware). The seller is not obliged to reveal defects in, or liabilities of, the target, so the buyer must carry out its own...
This Practice Note sets out guidance on Part 8 of the Anti-social Behaviour Act 2003 ( ABA 2003), which enables local authorities to address complaints about high hedges that are having a harmful impact on a neighbour’s enjoyment of their property. Complaints about high hedges that local authorities can consider Local authorities may only consider a complaint under the ABA 2003 about a high hedge if: it concerns a ‘high hedge’ within the meaning of the ABA 2003 the hedge stands on land owned by someone other than the complainant it has an effect on a domestic property the complaint is made because the hedge’s height adversely affects the reasonable enjoyment of that domestic property, and it is submitted by the owner or the occupier of the property in...
CASE HUB ARCHIVED This archived case hub reflects the position as at the decision date of 12 January 2017; it is no longer maintained. See further, timeline and commentary... Case facts Outline UK merger review into the completed purchase by VTech Holdings Limited of Leap Frog Enterprises Inc. The deal features horizontal overlaps in UK markets for toddler electronic learning toys and children’s laptops/tablets... Latest developments On 12 January 2017, the CMA gave unconditional clearance to the transaction, confirming its provisional conclusions... Parties VTech Holdings Ltd ( VTech), a Hong Kong-based business, is a worldwide supplier of electronic learning products from infancy through pre-school. Leap Frog Enterprises Inc ( Leap Frog), a US-based educational entertainment firm, designs, develops and sells technology-led learning products and related content for children from infancy into school...
Highway drain For the purposes of section 100 of the Highways Act 1980, a ‘highway drain’ is taken to encompass a ditch, gutter, watercourse, soak-away, bridge, culvert, tunnel or pipe. Yet, to qualify as such, it must have been built to convey away surface water from a road, and that was the purpose for which it was constructed. A ‘highway drain’ is not a sewer because it is not employed for draining buildings or yards, though it may become one if its role comes to include draining those premises. When a dispute arises about the character of a pipe, the decisive question is: for what purpose was the pipe installed? The same approach applies where there is disagreement over whether a feature is a land drain or a highway drain, and the analysis is identical. The point is determined by asking whether, viewed against all the...
ARCHIVED: This Practice Note is archived and no longer maintained. It offers contextual guidance on the main types and doctrines of EU law and legislation, and considers how Brexit affects EU-derived law and legislation in the UK, as background reading. For more detail on this topic, see the Practice Notes: Brexit—key legislation explained and Retained EU law and assimilated law. For broader Brexit materials, see: Brexit collection. This Practice Note is not maintained. Effect of Brexit on EU law in the UK The UK ended its EU membership at 11 pm on 31 January 2020 (exit day). From that moment, directly applicable EU law no longer applied to the UK under the EU Treaties, and the UK was no longer bound by duties under those treaties, which oblige Member States to ensure their domestic legislation complies with obligations set out in EU laws. EU law itself, and its...
The Lexis+® UK Financial Services Enforcement Database brings together granular details on every substantive FCA and PRA Final Notice and, where obtainable, Decision Notices issued from 2014 to date. The Database can be searched and refined by rule contravention, keyword, sector, date, prohibition order, financial penalty, and other actions, including referrals to the Upper Tribunal. Prohibition orders Under section 56 of the Financial Services and Markets Act 2000 ( FSMA 2000), the Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA) may prohibit individuals who are not fit and proper from performing functions connected to regulated activities carried on by firms. The FCA or PRA may use this power where it considers it appropriate either to stop an individual performing any function in relation to regulated activities, or to limit the functions that individual may perform. a particular regulated...
ARCHIVED: This Practice Note has been archived and is no longer maintained. Stop Press: On 3 June 2025, the FCA issued Policy Statement PS25/5, launching the new Enforcement Guide ( ENFG), which replaces the former Enforcement Guide ( EG) from 3 June 2025. This Practice Note is being revised to reflect this change. For further details, see: FCA publishes new Enforcement Guide, LNB News 03/06/2025 30. Lexis+® UK Financial Services FCA/ PRA Enforcement Database This resource gathers detailed information on all substantive FCA and PRA Final Notices and, where available, Decision Notices from 2014 to the present. The Database, available here, can be searched and filtered by: rule breach and keyword sector and date seriousness, aggravating and mitigating factors financial penalty other actions, such as referrals to the Upper...
This archived Practice Note sets out information on the data protection landscape before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background only and is not maintained. From 25 May 2018, the General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR), introduced significant reforms to EU and UK data protection law, replacing the DPA 1998 and Directive 95/46/ EC (the Data Protection Directive). For later guidance on Model Clauses under the GDPR, see Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations— Article 46 tools... Model Clauses—an overview This practice note outlines the EU Standard Contractual Clauses (also referred to as Model Clauses) that have been approved by the European Commission (the Commission). These standard-form clauses enable organisations to transfer personal data to a non- EEA third...
ARCHIVED: This Practice Note has been archived and is not maintained. As with any employer, those who own or run licensed venues must have regard to, and apply, workplace health and safety law. Inevitably, venues offering alcohol sales or supply, regulated entertainment, and hot food or drink can give rise to health and safety risks because of the character of these activities. Such risks stem both from operational matters—for example moving and storing heavy casks, handling glassware and hot crockery, high sound levels, and densely packed areas—and from possible customer intoxication, which may heighten the chance of incidents. A broad suite of health and safety legislation already applies, assisting local authorities in reviewing these issues for licensed premises. This Practice Note aims to outline the principal legislative and policy factors. A licensing authority should consider health and safety issues when granting a...
This Practice Note outlines the Temporary Event Notice ( TEN) mechanism permitted under the Licensing Act 2003 ( LA 2003), allowing an applicant to stage a limited number of events in a calendar year that would otherwise need a premises licence. It summarises the restrictions on frequency of grant dependent on whether the applicant also holds a personal licence, and the standard and late application processes. It also identifies who may object to a notice, together with the factors a licensing authority might consider before issuing a counter notice. What is a Temporary Event Notice ( TEN)? Reflecting the progressive deregulation of the licensing regime, LA 2003 does not require express permission to carry out a licensable activity on a temporary basis. Instead, an applicant must give notice of their intention to operate a licensable activity temporarily to the relevant licensing authority ( LA 2003, s 99). That...
ARCHIVED: This Practice Note is archived and is not maintained, and no longer updated. It is supplied for background purposes only. On 22 August 2023, SIAC launched a public consultation on the Draft 7th Edition of the SIAC Rules. The draft of the 7th Edition SIAC Rules can be accessed here. This Practice Note outlines the actions a respondent should take upon receiving a notice of arbitration from the claimant, under the Singapore International Arbitration Centre Arbitration Rules (6th edition) 2016 (the 2016 SIAC Rules). This archived Practice Note considers those steps. The 2016 SIAC Rules govern arbitrations begun on or after 1 August 2016, unless the parties have agreed otherwise. An arbitration pursuant to the SIAC Rules is initiated when the claimant serves on the respondent a Notice of Arbitration (the Notice) in accordance with the 2016 SIAC Rules. For further guidance on...
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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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