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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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This Practice Note explains the Financial Conduct Authority ( FCA) training and competence regime. The framework underpins the FCA’s consumer protection objective, aiming to ensure that staff who engage with customers in the regulated financial services market are competent and appropriately qualified to do so. The training and competence framework comprises: an overarching competence obligation (the ‘competent employees rule’) applying to individuals undertaking regulated activity in all UK‑authorised firms (including wholesale firms), as set out in the Senior Management Arrangements, Systems and Controls sourcebook ( SYSC); and more granular requirements for particular retail activities, including the need to obtain a qualification where relevant, as provided in the Training and Competence sourcebook ( TC) The regime should also be viewed in light of the FCA Consumer Duty in Principle 12 of the FCA Handbook ( PRIN 12), which mandates that a firm must act to deliver good outcomes for retail...
On 20 July 2017, the Prospectus Regulation ( EU) 2017/1129 entered into force across the EU. It became fully effective in all EU member states (which then included the UK) on 21 July 2019, although certain exemptions from the prospectus publication requirement applied from July 2017 and July 2018. The Prospectus Directive was fully repealed on 21 July 2019. For further detail on the Prospectus Regulation, see the Practice Notes: Prospectus requirements ( UK Prospectus Regulation)—fundamentals; The UK Prospectus Regulation—essentials [ Archived]; and Prospectus Regulation and Prospectus Directive comparison and analysis. This Practice Note is maintained for reference only and sets out the law as at 19 July 2017, before the Prospectus Regulation took effect and before the UK’s withdrawal from the EU. It offers a concise summary of the (now repealed) Prospectus Directive, its development, content and UK...
ARCHIVED: This Practice Note is archived and is no longer maintained. UCITS VI UCITS VI outlines the European Commission’s consultation on Undertakings for Collective Investment in Transferable Securities, issued on 26th July 2012. For information on UCITS V, see UCITS V [ Archived]. The consultation considered product rules, liquidity management, depositary matters, money-market funds and long-term investments. It followed the Commission’s UCITS V legislative proposals, likewise published in July 2012 (see UCITS V [ Archived]). In light of the European Securities and Markets Authority ( ESMA) speech by ESMA Chair Steven Maijoor on 6th November 2014, the topics raised under UCITS VI were not to be progressed through a single measure, i.e. by amending the UCITS Directive. By way of example, there was at the time a proposal for a regulation concerning money-market funds ( MMFs). For further detail on the Money Market Funds...
This Practice Note examines the aims of conduct management in the workplace, together with codes of conduct and disciplinary procedures. It also looks at investigating a problem and deciding whether to start a disciplinary process, the likely causes of misconduct, and practical approaches to dealing with misconduct. All employers strive to get the most from their employees. Guiding and monitoring workplace behaviour is a vital part of that. When standards slip, employers need to manage conduct so staff are given a genuine opportunity to improve. Where improvement falls short, employers must know how to act fairly, which may, where appropriate, extend to dismissal. The aims of conduct management The principal purpose of conduct management is to ensure employees act reasonably within the workplace. It sets clear expectations so individuals have the chance to improve before further steps are considered......
This Practice Note sets out the steps an employer should take to handle a fair dismissal for conduct and to minimise the likelihood of an unfair dismissal finding. Employees who have the requisite service and otherwise satisfy the qualifying criteria benefit from statutory protection from unfair dismissal (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal). To avoid a conclusion of unfair dismissal, employers must have a fair reason to dismiss. Conduct is one of the potentially fair reasons for dismissal (see Practice Note: Reason for dismissal—general— Potentially fair reasons). Nonetheless, to dismiss fairly for conduct, a fair process must also be followed which—save for cases of gross misconduct where dismissal is warranted—gives employees a reasonable chance to improve. In the end, it must be demonstrated that dismissal is a proportionate and fair sanction. Further guidance on...
BREXIT: As at 31 January 2020, the UK ceased to be an EU Member State and moved into an implementation period, during which the EU continues to treat it as a Member State for many purposes. As a third country, the UK can no longer take part in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the limited extent agreed), yet it must still meet its obligations under EU law (including EU treaties, legislation, principles and international agreements) and accept the ongoing jurisdiction of the Court of Justice of the European Union in line with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This affects this Practice Note. For guidance, see Practice Note: Brexit—impact on finance transactions [ Archived]— Brexit planning and impact—key issues for debt capital markets...
EU sector inquiries EU sector inquiries under Article 17 of Regulation 1/2003 are economy-wide examinations triggered when there are doubts that markets function properly, yet without signs of illegal conduct by specific firms. Such exercises survey whole industries to diagnose structural or behavioural issues affecting competition, even where no single business appears to have infringed the rules. In essence, they collect market information on a broad scale to understand whether conditions, pricing or trade flows point to malfunctioning dynamics. Their focus is sectoral, not on particular companies alone. Historically, their legal foundation lay in Article 12 of Regulation 17/62—chiefly an evidence-gathering device that saw little deployment. Only two were undertaken in the 1960s, covering margarine and brewing. The approach evolved in 1999 when the Commission launched a three-stage review of telecommunications, foreshadowing contemporary practice. Today, Regulation 1/2003 supplies the prevailing legal basis,...
ARCHIVED: This Practice Note has been archived and is not maintained UNDER REVIEW: This Practice Note is under review in light of Dickson Valora Group v Fan Ji Qian [2019] HKCU 638 General principle—minimal interference The Arbitration Ordinance, Chapter 609 ( AO), is crafted to uphold party autonomy in arbitration with the least possible court involvement. A fundamental AO principle is that judicial interference in an arbitral dispute arises only where the ordinance expressly permits it. The AO gives effect to article 5 of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), which provides that courts shall not intervene in arbitral proceedings except as set out in the law. Under the AO, the Hong Kong courts are nevertheless vested with specific powers to assist the arbitral process. In particular, pursuant to AO, ss 45 and 60, the Hong Kong courts possess...
ARCHIVED: This Practice Note has been archived and is not maintained. Scope of the Arbitration Ordinance The Arbitration Ordinance, Chapter 609 ( AO), governs arbitrations conducted under an arbitration agreement that designates Hong Kong as the seat. This holds true irrespective of whether the agreement was entered into in Hong Kong. The AO applies to both domestic and international arbitrations. Where the seat is outside Hong Kong, only particular AO provisions continue to apply, namely: the stay of any court proceedings where the matter is subject to an arbitration agreement ( AO, s 20) interim measures ordered by the court in support of arbitration within and outside Hong Kong ( AO, ss 21, 45, 60) enforcement of emergency relief granted by emergency arbitrators ( AO, ss 22A, 22B) enforcement of orders and directions made by the arbitral tribunal ( AO, s 61) ...
Introduction ARCHIVED : This Practice Note was archived and is no longer maintained. Global depositary receipts ( GDRs) are securities issued by a depositary bank that stand for another security held by that bank, such as shares. An issuer commonly establishes a depositary receipt programme with a depositary to permit institutional investors to gain exposure to its shares. These programmes are widely used by companies based in emerging markets where domestic rules—like taxes or burdensome registration obligations—make direct shareholding by overseas investors impractical or unattractive. As a result, GDR programmes can open access to a broader investor base than a purely local share offering. GDRs are usually admitted to trading on leading stock exchanges, most frequently London, which can provide investors with enhanced liquidity and offer issuers the prospect of larger deal sizes or improved valuations. While issuers may...
Practice Note This Practice Note outlines the core principles applied by the court to step-parent adoption proceedings, addressing the consequences of an adoption order and the statutory framework for a step-parent adoption order, together with the prerequisites before applying and the procedural steps that must subsequently be observed as required thereafter......
This Practice Note considers what constitutes a repudiatory breach by an employer of an employment contract, and how such conduct affects the enforceability of any post-termination restrictions (ie restrictive covenants) in that agreement. Where the employer commits a repudiatory breach, it will ordinarily follow that express post-termination restrictions cannot be enforced by the employer. Repudiatory breach What amounts to a repudiatory breach in the employment context is addressed in Practice Note: Constructive dismissal. In short, it is a serious violation that strikes at the heart of the employment contract, or behaviour demonstrating the employer no longer means to be bound by one or more fundamental terms. When the employee treats that breach as bringing the contract to an end, the resulting termination is commonly called constructive dismissal. An employer who dismisses without the contractual notice period—ie wrongful dismissal—will also generally be taken to have...
Legitimate business interests and post-termination restrictions This Practice Note identifies the principal types of legitimate business interest that can be safeguarded through an appropriately framed post-termination restriction (restrictive covenant) in employment. These include: trade secrets and/or confidential information trade connections clients/customers suppliers and other business contacts the stability of the employer’s workforce As noted elsewhere (see Practice Note: Restraint of trade in employment), any post-termination restraint will be unlawful, and thus unenforceable, unless the party seeking to rely on it can demonstrate a legitimate business interest requiring protection. An employer cannot enforce a clause whose sole aim is to stop former staff from competing with it. Deterring competition, by itself, does not amount to a legitimate interest for these purposes; competition serves the public interest and should be fostered. Equally, an employee who, owing to training provided by the employer, has...
Undertakings engaged in competition matters, including merger investigations, before the European Commission (the Commission) benefit from rights of defence that safeguard their interests throughout the process. Respect for these rights by the Commission is a core tenet of EU law and has been reinforced by the entry into force of the Treaty of Lisbon, which makes the EU Charter of Fundamental Rights ( CFR) legally binding and provides for the EU’s accession to the European Convention on Human Rights ( ECHR). Together, these instruments strengthen the legal framework within which the Commission must act. Rights of defence in Commission antitrust proceedings Several procedural measures adopted by the Commission during antitrust proceedings may have a lasting adverse impact on undertakings’ rights of defence. In view of this, Regulation 1/2003 aims at striking an appropriate balance between: (i) the effective enforcement of EU antitrust rules and (ii) the...
The lists below cover completed competition appeals before the General Court under Article 101 TFEU. For ongoing General Court appeals, see General Court appeals—ongoing cases tracker. For active Court of Justice appeals, see Court of Justice appeals—ongoing cases tracker; for completed Court of Justice appeals on Article 101 TFEU, see Court of Justice Article 101 TFEU appeals—closed cases tracker. Case | Issues | Latest development 2026 Case T-682/24 Red Bull and Others v Commission — Action challenging the Commission’s failure to refund additional costs said to result from a disproportionate continuation of an inspection. See Application. • Judgment delivered—22/04/2026; appeal dismissed • Hearing—20/01/2026 • Lodged—31/12/2024 Case T-93/24 Lantmännen and Lantmännen Biorefineries v Commission — Appeal against the Commission’s decision in Ethanol benchmarks ( AT.40054), seeking to annul the infringement decision and the fine. See further, Application. • Judgment...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the abandonment of the transaction on 11 September 2015; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger probe into the planned joint venture between Telia Sonera and Telenor ( Case M.7419). The deal posed horizontal overlaps mainly in Denmark’s mobile telecommunications market. Latest developments On 11 September 2015, Telenor and Telia Sonera stated they were calling off the combination of their Danish businesses and withdrawing the filing. The Commission confirmed the termination arose because the parties could not adequately resolve its concerns about the transaction. The remedies tabled failed to satisfy the Commission’s requirements, in particular the expectation of bringing a fourth competitor to the market. Parties Telia Sonera AB is a Sweden-based telecommunications operator, with shares listed on the Stockholm and Helsinki stock...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out a synopsis of the exemptions under the Freedom of Information Act 2000 ( FIA 2000) and examines the exemptions invoked by public authorities in the first decade of the regime. It reviews the most effective exemptions (from the public authority’s standpoint), judged by decisions upheld or partly upheld by the Information Commissioners Office ( ICO). The note also offers a statistical overview of trends in complaints referred to the ICO. This Practice Note is not maintained and is provided for background information only. Method of analysis Under the FIA 2000, a requester may seek any information held by a public authority. Part II of the FIA 2000 sets out a range of specific exemptions from the general right of access to information. These exemptions exist chiefly to protect...
This Practice Note This Practice Note explains when a settlement will be treated as nuptial under section 24(1)(c) of the Matrimonial Causes Act 1973 ( MCA 1973), or as ‘relevant’ for the purposes of Schedule 5, Part 2 to the Civil Partnership Act 2004 ( CPA 2004). It examines the court’s jurisdiction to alter a nuptial or relevant settlement and the associated practice and procedure. It also outlines the court’s approach, particular issues concerning international trusts, and pertinent case law, including the Supreme Court decision in Prest v Petrodel Resources. A nuptial (marriage) or relevant (civil partnership) settlement is one established for the benefit of one or both parties, or their children, and made in contemplation of, or during, their marriage or civil partnership. The courts have adopted a broad construction of the expression; see: What is a nuptial settlement? The court may make a...
A stricter penalty framework applies to an individual’s tax position where non-compliance concerns an offshore matter or an offshore transfer, with heightened consequences. This Practice Note covers the following: the definition of offshore matter and offshore transfer requirement to correct and failure to correct penalties penalties for offshore matters or offshore transfers penalties for moving offshore assets asset-based penalties This Practice Note addresses matters specific to the civil penalties and sanctions arising from offshore tax non-compliance, in particular. For the general penalty framework, see: Tax penalties, interest and time limits—overview, which signposts more detailed material and resources. For guidance on measures targeting offshore tax evaders committing a criminal offence, those enabling offshore tax evasion, or companies and other relevant entities facilitating UK and offshore tax evasion, see Practice Note: Offshore penalties, sanctions and criminal...
This practice note concerns defined benefit occupational pension schemes. What is a section 75 debt? Sections 75 and 75A of the Pensions Act 1995 aim to ensure defined benefit occupational pension schemes are properly funded on wind-up, or when the sponsoring employer goes into liquidation. In a multi-employer arrangement, a liability also arises for any employer that stops employing active members while another employer still has at least one active member (an ‘employment cessation event’), even though neither the scheme nor the exiting employer is being wound up. For further detail on when section 75 debts arise and how they are assessed, see the following Practice Notes: How to deal with a section 75 debt—an introduction When is a section 75 debt triggered? Calculating a section 75 debt What is the tax treatment of a section 75 debt? When a section 75 debt is payable, the key tax question is whether the payer can...
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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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