Featured documents
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:
Most recent Practice notes
CASE HUB ARCHIVED – this page captures the position as at the decision date of 5 August 2015; it is no longer maintained. For further details, see the full timeline and commentary. Case facts Outline CMA Article 101 TFEU/ Chapter I investigation into Consultant Eye Surgeons Partnership ( CESP) Limited, a membership organisation of private consultant ophthalmologists, in relation to alleged anti-competitive exchanges of information and pricing agreements (case reference number CE/9784-13). The CMA issued its infringement decision on 05/08/2015 following that inquiry. Latest developments On 5 August 2015, the CMA delivered its infringement decision, imposing a fine of £382,500 in total on CESP for the infringements found. The fine was reduced from £500,000 due to: CESP agreeing to settle with the CMA, permitting a streamlined administrative procedure alongside CESP’s continued co-operation with the CMA (equating to a 15% reduction), and the adoption by CESP’s board...
ARCHIVED: Published in 2015, this material is no longer updated or maintained. The Market Standards Trend Report reviews the latest mid-year figures and provides an overview of the ways FTSE 350 companies are currently......
ARCHIVED: This Practice Note is archived and no longer maintained. The Transatlantic Treaty Investment Partnership ( TTIP) The Transatlantic Treaty Investment Partnership ( TTIP) was envisaged as a far‑reaching EU– US accord on trade and investment, intended to set common rules across virtually every area of transatlantic commerce and capital flows. It aimed to liberalise trade in the vast majority of goods, creating duty‑free access across both markets. In practice, EU products would incur no import duty on entry to the US, which would make EU goods cheaper within the EU. Conversely, US items would become less expensive in the EU, intensifying competition with goods manufactured in the EU (see News Analysis: Should civil society be concerned by the TTIP?). Although a range of criticisms has been raised, the element drawing the greatest scrutiny is the Investor‑ State Dispute Settlement ( ISDS) mechanism, which has prompted...
This overview sets out European Commission decisions covering non in‑depth State aid reviews and completed State aid sector inquiries since 2016. For the latest in‑depth probes, see the EU State aid decisions—ongoing cases tracker. For appeals before the General Court, consult the General Court State aid appeals—ongoing cases tracker; for appeals before the Court of Justice, see the Court of Justice State aid appeals—ongoing cases tracker; and for national references on State aid before the Court of Justice, see the Court of Justice State aid national references—ongoing cases tracker. Non in-depth investigation—2025 March 2025 Criteria, modalities and procedures for the implementation of the District Contracts and the related aid measures concerning food districts, within the meaning of the provisions relating to District Contracts () — Italy; Sector: Agriculture, forestry, rural areas; Aid: Direct grant scheme until 31/12/2029; Decision: Did not raise...
Heads of terms This Practice Note explores heads of terms (frequently called a memorandum of understanding ( Mo U), letter of intent ( LOI), comfort letter, pre-contract protocol, term sheet or heads of agreement) within commercial transactions. It examines what heads of terms are, how courts assess whether they are legally effective, the familiar label ‘subject to contract’, methods for creating binding provisions, the obligation to negotiate in good faith, and the clauses commonly included. It also looks at which provisions are typically meant to be binding and offers drafting guidance on points to weigh and include. This Practice Note further explains how the final contract should supersede the heads of terms. For heads of terms for a commercial arrangement and drafting commentary, see Precedent: —commercial contracts. We have created a collection that is a comprehensive, interactive tool for managing contracts across their key...
Distribution A company is generally taken to possess an implied authority to share its profits with its members, unless its articles of association state otherwise. For the purposes of Part 23 of the Companies Act 2006 (ss 829–853) ( CA 2006), ‘distribution’ is interpreted very broadly. It encompasses any form of transferring a company’s assets to members, whether in cash or otherwise, save for: an issue of bonus shares (fully paid or partly paid), and certain: reductions of share capital redemptions of shares share buy-backs distributions of assets to members on a winding up For a fuller discussion of the meaning of distribution, see Practice Note: Distributions. A dividend is one form of...
The Financial Conduct Authority ( FCA) Training and Competence Sourcebook ( TC) The TC mandates that individuals undertaking specified regulated activities for retail customers obtain appropriate qualifications. These are available via qualification providers and some training companies. The scope and difficulty of such qualifications are set by the appropriate examination standards ( AES). The activities and relevant products/sectors to which TC applies are listed in TC App 1. For further detail on the FCA’s TC regime—including which firms and activities fall within scope and what is required—see Practice Note: FCA—training and competence. Any qualification offered by a provider must align with the AES. It may make up either the entirety or a component of the provider’s qualification. Providers determine the examination strategy and structure used to satisfy the AES. Whatever approach is taken, the way in which achievement against the AES will be assessed must be...
IP COMPLETION DAY: At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period ended following the UK’s departure from the EU. From that moment—defined in UK law as ‘ IP completion day’—core transitional arrangements fall away and major changes start to apply across the UK’s legal framework. This note provides guidance on topics affected by these developments. Before continuing your research, see Practice Note: What does IP completion day mean for lending lawyers? [ Archived]. What is FATCA? The Foreign Account Tax Compliance Act ( FATCA) is US tax legislation enacted under President Obama in 2010. Its principal aim is to help the Internal Revenue Service ( IRS) obtain information on US taxpayers with investments held outside the US. As first enacted, FATCA captures many categories of non‑ US financial institutions, including banks as well as certain insurance companies and funds, and has a...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 June 2015; it is no longer maintained. See further, timeline, commentary and related cases Case facts Outline The European Commission carried out an Article 101 TFEU investigation into a cartel in the markets for fuel‑powered parking heaters (which warm parked cars or lorries) and auxiliary heaters (which assist the heating system of a vehicle in use) ( AT.40055). Latest development On 17 June 2015, the Commission announced that it had adopted its enforcement decision, confirming that both defendants had reached a settlement with the Commission......
Rationale In any cross-border matter involving a formal insolvency process, restructuring advisers will consider which jurisdictions are open for proceedings and weigh the respective pros and cons of each (see Practice Note: Table of advantages and disadvantages of restructuring in various jurisdictions worldwide). As the concept of a centre of main interests ( COMI) appears in Regulation ( EU) 2015/848, the Recast Regulation on Insolvency [ EU Recast Regulation on Insolvency], and the UNCITRAL Model Law on Cross- Border Insolvency (see: UNCITRAL Model Law and Cross- Border Insolvency Regulations 2006 ( CBIR)—overview), practitioners may, where time allows, explore forum shopping—also called ‘insolvency tourism’ or ‘jurisdictional arbitrage’—to shift a company’s COMI, regardless of its place of incorporation or registered office, to a jurisdiction with a more favourable restructuring or insolvency framework. Ironically, the incidence of forum shopping has grown since these...
The senior accounting officer ( SAO) regime Brought in by Schedule 46 to the Finance Act 2009 ( FA 2009), the SAO regime seeks to ensure qualifying companies have suitable tax accounting arrangements so that correct tax liabilities are reported to HMRC. The rules apply to financial years commencing on or after 21 July 2009. To satisfy the SAO rules, an SAO, in relation to each qualifying company for which they act, must: perform the main duty during every financial year (or for the relevant part of any year) in which they are the company’s SAO; and send HMRC, after the close of each relevant financial year, a certificate addressing the suitability of the tax accounting arrangements of the company or companies concerned This Practice Note: sets out the particular duties and responsibilities that make up an SAO’s main duty to take...
The senior accounting officer ( SAO) regime, set out in Schedule 46 to the Finance Act 2009 ( FA 2009), aims to ensure that qualifying companies maintain adequate tax accounting systems and controls in place so that the correct tax liabilities are reported to HMRC. The regime applies to financial years commencing on or after 21 July 2009......
Case facts Outline This case hub is archived; it records the position as at the judgment dated 12/04/2013 and is no longer maintained. For further detail, see the timeline, commentary, and related/relevant cases. Appeals were brought before the General Court to annul the Commission’s decision of 16 July 2008, which prohibited 24 European collecting societies from restricting competition, in particular by constraining their ability to provide services to authors and commercial users outside their domestic territories. On 12 April 2013, the General Court annulled, for CISAC and 20 of the collecting societies concerned, the part of the decision finding a concerted practice, but dismissed the applicants’ actions against the conclusion that individual clauses in the agreements infringed Article 101(1) TFEU. The case addresses the management and licensing by collecting societies of authors’ public performance rights in musical works, assessing whether certain...
This Practice Note This Practice Note reviews how farming enterprises are structured and financed, the forms of security they may grant, and the enforcement avenues open to creditors. It also examines the risks and considerations before commencing enforcement within the agricultural sector (including matters tied to a lender’s collateral); the operational and practical challenges on the appointment of an insolvency practitioner, and the factors relevant to deciding whether trading should continue. The UK farming sector covers roughly 70% of the nation’s land and helps preserve landscapes of cultural significance. The sector is commonly divided into three principal areas: dairy, arable and livestock. Of total farmland, about 70% is owner-occupied, with the remainder let to tenants. Many farmers rely on subsidies to keep operating. For some, as much as 50% of their receipts are subsidy payments, leaving smaller holdings especially exposed....
This Practice Note It sets out details of, and access to, disclosure standard orders issued by the standard orders group under the authority of the President of the Family Division, including a medical information disclosure order, disclosure orders as to a child’s whereabouts, and an order as well requiring the police to disclose relevant criminal material for use in care proceedings. On 17 May 2023, Mr Justice Peel, the judge overseeing the standard orders, stated that, with the President of the Family Division’s authority and following the review process and consultation, the standard orders had been revised to reflect developments in law, practice and procedure and to promote consistency. See: LNB News 17/05/2023 88. On 21 May 2024, ......
This Practice Note This Practice Note offers details on, and access to, committal standard orders prepared by the standard orders group under the authority of the President of the Family Division. It includes Forms FC601, FC602, FC603 and FC604, which were issued for use in contempt proceedings. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed that—with the President of the Family Division’s authority and following a review and consultation—the standard orders were revised to reflect developments in law, practice and procedure and to promote consistency. See: LNB News 17/05/2023 88. Updated house rules were also issued by Peel J on 17 May 2023 to be read alongside the standard orders. The house rules set out:......
This Practice Note This Practice Note sets out how to secure the forfeiture of cash pursuant to sections 297A, 297B, 297C, 297D, 297E, 297F and 297G of the Proceeds of Crime Act 2002 ( POCA 2002). It also covers obtaining forfeiture without a magistrates’ court order under POCA 2002, s 297A. For fuller guidance on the supporting powers of cash search, seizure and detention, see: Cash searches under the Proceeds of Crime Act 2002 Cash seizure and detention POCA 2002 provides two routes to forfeit seized cash: administrative forfeiture under POCA 2002, s 297A (forfeiture without court order), and court-ordered forfeiture under POCA 2002, s 298 (forfeiture by court order) For details on forfeiture by court order under POCA 2002, s 298, refer to Practice Note: Forfeiture of cash by court order. Note that distinct statutory regimes apply to the forfeiture of money in bank accounts and to personal...
ARCHIVED: This Practice Note is archived and is not maintained Brexit impact—public procurement The UK public procurement framework arises from EU public procurement legislation, and is consequently affected by the UK’s departure from the EU. For overarching updates on the process and preparations for Brexit, see Practice Note: Brexit timeline. For additional reading on Brexit’s effect on public procurement, see Practice Note: Brexit—the implications for public procurement [ Archived]. Status of grants in public procurement law Public Contracts Regulations 2015 The Public Contracts Directive, which establishes the European Union’s public procurement rules, is implemented in the UK (for England, Wales and Northern Ireland) through the Public Contracts Regulations 2015 ( PCR 2015). PCR 2015 apply where one party to an arrangement is a ‘contracting authority’ as defined in regulation 2(1). In addition, the arrangement must fall within the scope of PCR 2015—subject to the exemptions in...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It examines the recognition and enforcement of New York Convention arbitral awards under Hong Kong law. It should be read together with Practice Note: Hong Kong—enforcement— New York Convention arbitration awards—grounds of refusal, and the other ‘ Related documents’. The legal framework for the recognition and enforcement of New York Convention awards in Hong Kong The New York Convention is the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, adopted by the United Nations Conference on the International Commercial Arbitration and held in New York on 10 June 1958. For an introduction, see Practice Note: The New York Convention—the recognition and enforcement of arbitral awards—an introduction. In Hong Kong, the enforcement of a New York Convention award is addressed by section 87 of the Arbitration Ordinance, Chapter 609 ( AO), and rule 10 of...
Overview The Financial Services and Markets Act 2000 ( FSMA 2000) bars anyone from conducting a regulated activity in the UK unless they hold authorisation or are an exempt person; this is commonly called the general prohibition. A regulated activity means an activity of a specified type (namely, one identified in the FSMA 2000 ( Regulated Activities) Order 2001, SI 2001/544) carried on by way of business in the UK. Breaching the general prohibition is a criminal offence, attracting a fine or imprisonment. This Practice Note sets out how the Financial Conduct Authority ( FCA) acts against unauthorised business. Further material on unauthorised business is available in Practice Note: Unauthorised business—legal and regulatory framework. Key points include: the FCA’s supervision and enforcement functions focus on disrupting unauthorised firms and individuals seeking to defraud customers and on warning customers the FCA’s Warning List—a list of firms not...
Popular documents
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 ]...
Discover more from LexisNexis
