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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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STOP PRESS: From 24 February 2025, the core elements of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after this date must proceed under PA 2023, while procurements initiated 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 overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic rules and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and construction of assimilated law, see Practice Note: Assimilated law. Public procurement in the UK Public procurement concerns public bodies buying goods, works or...
This Practice Note summarises the law relating to the steps involved in preparing, identifying recipients and sending a notice of general meeting This note sets out the required form and content of notices, together with the statutory minimum notice periods. It is designed for practitioners and company secretaries working with companies whose equity shares are listed on the Main Market of London Stock Exchange plc (listed companies) and those with equity shares admitted to AIM ( AIM companies). Members of a company may call and hold a general meeting at any time, and as many times as needed within a year, to pass resolutions implementing certain changes or approving particular actions. Any general meeting must comply with the Companies Act 2006 ( CA 2006) and the company’s articles of association. Compliance includes sending a meeting notice that satisfies statutory content rules, using the correct form,...
A Term Explanation AIC Corporate Governance Code ( AIC Code) The corporate governance code published by the Association of Investment Companies sets out a best‑practice framework for the governance of closed‑ended investment companies whose shares are traded on public markets. AIM company/ AIM companies A company with a class of securities admitted to AIM, the market operated by London Stock Exchange plc. Association of British Insurers ( ABI) A trade association representing the UK insurance industry with a focus on corporate governance; following its June 2014 merger with ABI Investment Affairs, the Investment Association ( IA) assumed responsibility for the corporate governance guidance previously issued by the ABI. Association of Investment Companies ( AIC) A membership organisation representing a broad spectrum of investment companies, investment trusts, venture capital trusts and other closed‑ended funds. Audit, Reporting and...
Purchasers, sellers, landlords and tenants alike should be mindful of the common law principle of ‘caveat emptor’—‘let the buyer beware’—under which a seller has no obligation to volunteer material facts to a prospective purchaser. For further guidance, see Practice Notes: Property—enquiries before contract and Misrepresentation, misstatement and non-disclosure in property matters. Do note, however, that where a seller wishes to invoke the ‘sold with information’ exclusion under the contaminated land regime in Part IIA of the Environmental Protection Act 1990 ( EPA 1990), relevant information must be supplied... Numerous environmental concerns can expose parties in property transactions to liability, so a proportionate level of environmental due diligence is advisable whenever property is transferred. This Practice Note considers how environmental consultants support clients during property deals and identifies environmental matters most likely to carry material financial or legal consequences, which should therefore be...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 17 July 2015; it is no longer maintained. See further, timeline. Case facts ARCHIVE 17/07/2015 Outline The European Commission examined Cargill’s intended purchase of Archer Daniels Midland’s chocolate business. The review centred on competitive overlaps in the supply of industrial chocolate. Latest developments On 17 July 2015, the Commission cleared the deal subject to commitments. Under these binding remedies, Cargill will divest ADM’s industrial chocolate facility in Mannheim, Germany, to an appropriate acquirer. The Mannheim site is ADM’s largest industrial chocolate plant in Europe and its only operation of this kind in Germany. Parties Cargill is a US-based enterprise involved in the global production and sale of food, agricultural and risk management products and services, serving customers internationally. It employs around 140,000 people in 67 countries. For this...
A co-operative or community benefit society ( CCBS), previously termed an industrial and provident society ( IPS), is a limited liability corporate body that organisations may use to run a business either as a co-operative serving members’ mutual interests, or as a community benefit society operating for the good of a community. This Practice Note sets out the legal framework, organisational structure and the registration process for these societies. It also makes extensive reference to the FCA’s finalised guidance on registered societies, with sections addressing governing rules, share capital, name, transfer of engagements, conversion, amalgamation, dissolution and winding up. What is a co-operative or community benefit society? A co-operative society or community benefit society (historically called an industrial and provident society) is a registered society—also described as a society—and a corporate body with limited liability that can be used by...
A. Orthopaedic Orthopaedic issues involve the framework of bones, muscles and ligaments. Typical assessments include: central nervous system review cranial nerve assessment cervical spine, noting tenderness or spasm flexion, both full and lateral rotation, checking for motor or sensory limb deficits deep tendon reflexes, e.g. biceps, triceps and supinators comparative limb measurements and circumferences general observation Vibration white finger ( VWF) VWF presents with two distinct elements: vascular (blanching) and neurological (numbness, tingling, reduced tactile discrimination and loss of dexterity). Standard investigations include: vibrotactile threshold testing—to evaluate mechanoreceptors sensing stretch, edges and texture at different frequencies thermal aesthesiometry—to determine thermal receptor thresholds Purdue Pegboard—a dexterity measure identifying loss of fine hand movement grip force measurement—assesses grip in both hands, indicating vibration damage to hand and forearm muscles vascular...
This Practice Note This Practice Note reviews the availability of emergency and interim measures in aid of arbitration in New York, United States of America. New York is a jurisdiction supportive of arbitration, and its courts will, where warranted, issue emergency or interim relief to assist arbitral proceedings. Such relief can be pursued both before a claim is filed and during the pendency of the arbitration. The Note highlights the principal types of urgent remedies available under the United States Federal Arbitration Act (the FAA), which governs arbitrations involving interstate or international commerce, together with New York’s Civil Practice Law and Rules, the procedural code applied in the state courts of New York. At the outset, turning to a court may not be required. Many arbitral institutions provide mechanisms enabling parties to seek urgent measures from the arbitral tribunal, or from an...
A general meeting must comply with requirements laid down in the Companies Act 2006 ( CA 2006) and the company’s articles of association. These obligations include issuing a meeting notice that satisfies statutory content rules, in the proper form, to all those entitled to receive it, and making sure adequate notice of the meeting is provided. Who is entitled to receive notice of general meeting? A notice of general meeting should be sent to every person with an entitlement to it. Failure to serve notice on those who are entitled can invalidate the meeting. Consequently, establishing who is entitled to notice is a crucial step. This exercise is typically simpler where the company is a small private company with a single class of shares, than where it is a large listed public company with multiple share classes and a global...
CASE HUB ARCHIVED This archived hub records the position as at the decision dated 29 June 2015; it is no longer being updated. See the timeline for further details. Case facts Outline of the European Commission’s merger investigation into Siemens’ planned acquisition of Dresser- Rand ( Dresser) ( M.7429). The deal featured horizontal overlaps in the supply of turbo compressors within the oil and gas distribution market. After a phase II review, the Commission cleared the transaction unconditionally on 29/06/2015. Latest developments On 29 June 2015, following a phase II inquiry, the Commission formally approved the merger without any conditions. Parties Siemens and Dresser Siemens is a publicly listed German company headquartered in Munich. It provides a range of electrical products and services to customers through several business divisions. In relation to this deal, Siemens’ portfolio includes gas turbines, steam turbines, generators and compressors. Siemens also...
The Land Registration Act 2002 ( LRA 2002), succeeding the Land Registration Act 1925, empowers HM Land Registry to continue maintaining the register of title to land in England and Wales. For each title, the register comprises a property register and a proprietorship register and, where needed, a charges register. Historically, HM Land Registry provided a paper land certificate (or, where the property was charged, a charge certificate) to the registered proprietor as proof of ownership; these were rendered obsolete when the LRA 2002 commenced. Ownership is now demonstrated by official copies of the register. See Practice Note: How to obtain official copies of the register from HM Land Registry. This Practice Note considers the separate registers of title, the effect and conclusiveness of registration, and the owner’s powers under the LRA 2002. Property...
What is district heating ( DH)? District heating—often called heat networks—supplies hot water or steam via a distribution of pipes to multiple homes, workplaces, or mixed‑use buildings for space heating and domestic hot water. Compared with generating heat within each dwelling through gas boilers or electric systems, this shared approach can deliver greater efficiency, reduced costs, improved security of supply, and lower carbon intensity. For further details on the changing contractual and regulatory frameworks for DH in England and Wales, see the Practice Notes on the evolving contractual regime and the evolving regulatory regime for district heating networks. Description of DH system A typical DH arrangement comprises four core elements: energy centre / heat source heat network heat interface unit heat user The energy centre is where heat is produced. Sources may include surplus heat from power generation or industrial activity, or dedicated plant such as combined heat and power units and...
Summary of enforcing arbitration awards in Morocco Morocco has been a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 1959. The July 2011 Constitution states in its preamble that duly ratified international conventions, even without reciprocity, take precedence over domestic legislation. The Dahir ( Royal Decree) no. 1-22-34 of 23 Chaoual 1443 (9 December 2022) brought into force Law no. 95-17 on Arbitration and Mediation dated 24 May 2022 (the “new law”), repealing and replacing Law no. 08-05 of 30 September 2007 on arbitration. Modelled on the UNCITRAL Model Law on International Commercial Arbitration and influenced by French law, the new law also integrates numerous solutions arising from the Moroccan Supreme Court’s arbitration case law. Key aspects include: a defined...
The Finance Act 2014 ( FA 2014) FA 2014 brought in accelerated payment notices ( APNs) and partner payment notices ( PPNs) to tackle tax avoidance by discouraging participation in avoidance arrangements, notably by stripping out any cashflow advantage. The regime is intended to deter taxpayers from joining avoidance schemes by removing the cashflow benefit that would otherwise be enjoyed whilst a dispute is ongoing or under appeal before FTT. In direct tax disputes where no APN has been served, HMRC frequently consents to a taxpayer’s request to defer collection of the contested sum until the First-tier Tribunal ( Tax Chamber) ( FTT) has determined the issue. Once an APN or PPN is issued, postponement of the disputed tax is not permitted and any existing postponement falls away. As a result, APNs or PPNs oblige taxpayers to settle the amount under challenge before their appeal is...
ARCHIVED This Practice Note has been archived and is not maintained. Last updated July 2019. From 21 July 2019, the Prospectus Regulation ( EU) 2017/1129 applied in full across EU member states, and the Prospectus Directive was revoked. It now determines when a prospectus must be published for a public offer of securities in the UK, or for admitting securities to trading on a UK regulated market. To align the FCA Handbook with the Regulation, the FCA removed the Prospectus Rules in full and substituted them with the Prospectus Regulation Rules sourcebook. For further details, see Practice Note: The UK Prospectus Regulation—essentials [ Archived] and The UK Prospectus Regulation—is a prospectus required? [ Archived] This note, and associated notes concerning the repealed Prospectus Rules, are kept for reference because the commentary may remain relevant to equivalent provisions in the Prospectus Regulation Rules ( PRR). This...
ARCHIVED: This archived Practice Note offers context on the changes to criminal procedure that took effect on 2 February 2015 under the Criminal Procedure ( Amendment) Rules 2015, SI 2015/13. Those regulations have now been revoked. The current criminal procedure rules are contained in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Note reflects the law as at 2 February 2015 and is not maintained. It is supplied for background purposes only. The Criminal Procedure ( Amendment) Rules 2015, SI 2015/13, implemented a series of amendments to the Criminal Procedure Rules, SI 2014/1610 ( Crim PR 2014). Certain provisions commenced on 2 February 2015, with the remaining changes commencing on 6 April 2015. This Practice Note provides a summary......
Loan market and developments As the financial centre of the Asia Pacific region and a key channel for Chinese offshore borrowing, Hong Kong stands among the biggest and most active syndicated loan hubs in Asia Pacific (excluding Japan), often contributing more than 20% of the region’s total syndicated volumes. A sustained spell of low interest rates and plentiful liquidity across Hong Kong’s banking system has kept funding widely accessible to borrowers. Bloomberg indicates that, in the sustainability-linked loan arena, Hong Kong led the Asia Pacific region (excluding Japan), delivering a record 31.4% share of overall issuance. This strong demand has also boosted HKD-denominated activity, making HKD the second most utilised currency in the sustainability-linked loan market for H1 2024... Please provide a brief overview of forthcoming changes to the law or other matters that may affect the loan markets or the responses to the...
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: On 5 September 2023, CIETAC announced amendments (the Revisions) to its existing 2015 arbitration rules, prompted by the need for greater adaptability and efficiency in the digital age and by evolving international arbitration practice, following a revision plan launched in April 2021. Spanning over 30 provisions, the Revisions address: digital case management multi-tiered arbitration agreements jurisdiction multi-contract arbitrations arbitral procedures other challenging issues The Revisions take effect on 1 January 2024 and apply to all CIETAC arbitrations commenced from that date. CIETAC’s current arbitration rules have applied since 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it presently reflects CIETAC’s structure and role as described in the CIETAC Rules 2015. It covers arbitration under the CIETAC Arbitration Rules 2015 ( CIETAC Rules), which govern...
ARCHIVED: This Practice Note is archived and is not maintained. It sets out the process for creating a tax-advantaged share plan, including a company share option plan ( CSOP), a share incentive plan ( SIP) and a save as you earn ( SAYE) scheme (a Qualified Plan). The process for enterprise management incentives ( EMI) varies slightly and is not addressed here. For more on EMI, see Practice Notes: How EMI schemes work and key features—advance assurance and EMI—notification of grant of options to HMRC. Overview If a company is eligible to run a Qualified Plan (see Practice Notes: CSOP—qualifying companies and qualifying shares, SAYE—companies which qualify to operate an SAYE scheme and SIPs—qualifying companies and type of shares) and holds plan documents that meet legislative requirements, it can commence granting awards under it, with those awards potentially qualifying for the tax...
ARCHIVED This Practice Note is archived and is no longer maintained. The UK freedom of information framework is governed by these principal instruments: Freedom of Information Act 2000 ( FIA 2000) Freedom of Information and Data Protection ( Appropriate Limit and Fees) Regulations 2004, SI 2004/3244 The Information Commissioner’s Office ( ICO) oversees the use of, and access to, information. It publishes guidance to support public authorities in applying FIA 2000. That guidance defines the scope of FIA 2000, sets out the duties imposed on public authorities, and clarifies the rights of members of the public when making information requests. The Freedom of Information Code of Practice provides direction to authorities on meeting their responsibilities under FIA 2000. Although the code is not itself binding, failing to adhere to it is likely to give rise to a related breach under FIA...
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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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