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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/ FORTHCOMING CHANGES : The UK intends to bring the OECD’s Cryptoasset Reporting Framework ( CARF) into domestic law from 1 January 2026. Implementation will be through the Reporting Cryptoasset Service Providers ( Due Diligence and Reporting Requirements) Regulations 2025 ( SI 2025/744), which were laid before the House of Commons on 25 June 2025. On the same day, HMRC issued tax impact and information notes ( TIIN) for the measure. HMRC has also published guidance on reporting under the CARF. The government has likewise introduced legislation amending the domestic provisions implementing the OECD’s Common Reporting Standard ( CRS) and the UK’s obligations under the Intergovernmental Agreement with the US for the implementation of the US Foreign Account Tax Compliance Act ( FATCA). The principal legislation is the International Tax Compliance Regulations 2015 ( SI 2015/878) and the amending instrument is the...
CASE HUB ARCHIVED This archived case hub records the position as at the judgment on 29 April 2015; it is no longer maintained. See further timeline, commentary and related cases. Case facts ARCHIVE Appeal subsequently lodged at the Court of Appeal. Outline Appeal brought by the Federation of Independent Practitioner Organisations against the CMA’s final decision arising from its private healthcare market investigation ( CAT case number 1230/6/12/14). The CAT delivered its judgment on 29/04/2015. Parties The Federation of Independent Practitioner Organisations ( FIPO) — representing most UK medical organisations and, in turn, their consultant members in private practice. Competition and Markets Authority ( CMA). Markets Privately funded healthcare in the UK, covering independent private hospitals and private patient units within NHS hospitals. The private healthcare market was examined by the CMA, which identified various competition concerns and ordered remedies, including: the divestment by HCA of either the London...
CASE HUB ARCHIVED This archived case hub presents the position as at the judgment dated 21 Mary 2015 and is no longer maintained. For further details, see the timeline, commentary and related cases. Case facts Outline Appeal by HCA International Limited against the CMA’s final decision in the private healthcare market investigation ( CAT case number 1229/6/12/14). Parties HCA International Limited ( HCA) — one of the three largest private hospital groups in the UK. Competition and Markets Authority ( CMA). Market(s) Privately funded healthcare services in the UK, spanning independent private hospitals and private patient units in NHS hospitals. HCA was a principal party in the CMA’s private healthcare market investigation and was required to divest either one or two named hospitals in central London, amongst other remedies. Background HCA lodged its appeal on 30 May 2014 (the application was published on 4 June 2014), one of three appeals...
What are the offeror's obligations in relation to the target company's share plan participants? If an offer is made for the shares of a listed company, the offeror must make a suitable offer or proposal to any person who holds rights to subscribe for, or options over, shares of the same class. For employee options, the Panel on Takeovers and Mergers regards it as normal that any offer or proposal should be at least the ‘see through value’ (meaning the offer price minus the exercise price) ( Practice Statement 24, para 2(a)). This obligation covers both employees and former employees of the target group who have outstanding options and awards granted under the target’s employee share plans. All relevant documents, announcements and any other information relating to the offer should, where practicable, be sent to these share award holders at the same time as they are sent to...
THIS PRACTICE NOTE APPLIES TO MULTI‑ EMPLOYER DEFINED BENEFIT OCCUPATIONAL PENSION SCHEMES This Practice Note examines relevant transfer deductions—covering the statutory framework, the method of calculation and potential practical challenges. It addresses their legislative basis, approaches to calculation and the kinds of practical difficulties that may arise. When can a relevant transfer deduction apply? Such deductions arise where a statutory debt (the section 75 debt) is triggered in relation to a participating employer in a multi‑employer pension scheme under the Pensions Act 1995, ss 75–75A, and the Occupational Pension Schemes ( Employer Debt) Regulations 2005, SI 2005/678 (the Employer Debt Legislation). This occurs, for example, on an employment‑cessation event—namely, where one participating employer stops employing active members while another participating employer continues to employ at least one active member. Put plainly, absent a section 75 trigger under the Employer Debt Legislation, a relevant transfer...
This Practice Note examines the intersection of the environmental damage regime ( EDR) with: the environmental permitting regime ( EPR) pursuant to the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154 the contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990) the unlawful deposit of waste regime under the EPA 1990, s 59 the anti-pollution works regime under the Water Resources Act 1991 ( WRA 1991) the National Planning Policy Framework and Planning Policy Wales Type of damage covered under different legislation Environmental Damage Regulations Under the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810, and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR), environmental damage is defined as harm to: a protected species or natural habitat where there is a significant adverse effect on attaining or...
Who can issue individual guidance? The FCA has authority to give individual guidance. The PRA lacks an equivalent statutory power in Part 9A of FSMA 2000; however, it may permit PRA authorised firms to have regard to certain FCA guidance. This Practice Note summarises the FCA’s procedures on individual guidance. What is individual guidance? The FCA’s policy on individual guidance appears within the FCA’s Supervisory Handbook ( SUP), chapter 9, namely SUP 9. Individual guidance is spoken or written guidance from a regulator that: is addressed to a particular person rather than to persons generally or regulated persons as a whole, and concerns that person’s specific circumstances or plans for how the rules and general guidance in the FCA Handbook and FSMA 2000, or other regulatory requirements, apply in its circumstances The FCA’s authority to issue individual guidance derives from FSMA 2000, 139A, which also covers its...
Scope of Practice Note The Hazardous Waste ( England and Wales) ( Amendment) Regulations 2016, SI 2016/336, repealed Part 5 of the Hazardous Waste ( England and Wales) Regulations 2005, SI 2005/894, thereby scrapping the obligation on any premises in England that generated or had hazardous waste taken away to register with the Environment Agency. This change did not alter in any way the duty on Welsh premises to register with Natural Resources Wales ( NRW), and accordingly this Practice Note focuses on the Welsh registration rules applicable in Wales. Compliance in Wales In Wales, the Hazardous Waste ( Wales) Regulations 2005 establish the statutory framework for controlling and tracking hazardous waste movements. Where hazardous waste is produced on, or removed from, any non‑exempt premises, those premises in question must be duly notified to NRW as required. On notification, site particulars are entered on an...
Scope of Practice Note The Hazardous Waste ( England and Wales) ( Amendment) Regulations 2016, SI 2016/336, repealed Part 5 of the Hazardous Waste ( England and Wales) Regulations 2005, SI 2005/894. This change abolished the obligation for any premises in England that generated hazardous waste, or arranged for its removal, to register with the Environment Agency. The duty for Welsh premises to register with Natural Resources Wales ( NRW) was not altered by that revocation; accordingly, this Practice Note still focuses on the Welsh registration regime. The List of Wastes ( England) Regulations 2005, SI 2005/895, were revoked by the Hazardous Waste ( Miscellaneous Amendments) Regulations 2015, SI 2015/1360, from 1 July 2015, which also amended, in England, the Hazardous Waste ( England and Wales) Regulations 2005, SI 2005/894. The List of Wastes ( Wales) Regulations 2005 were repealed by the Hazardous Waste (...
ARCHIVED: This archived Practice Note summarised the earlier ‘flood defence consent’ framework for main rivers under the Water Resources Act 1991 ( WRA 1991) and the ordinary watercourse consent regime under the Land Drainage Act 1991 ( LDA 1991). After consultation, the Environmental Permitting ( England and Wales) ( Amendment) ( No. 2) Regulations 2016, SI 2016/475 broadened the Environmental Permitting regime so that, from 6 April 2016, flood risk activities are regulated as a facility, replacing the flood defence consent system. Transitional and saving provisions remain in place for existing consents, applications already submitted, existing notices and arbitration matters. For more on flood risk activities, see Practice Note: Environmental permitting—flood risk activities. For wider material on environmental permitting, including the Environmental Permitting ( England and Wales) Regulations 2016, SI 2016/1154, effective from 1 January 2017, see: Environmental permits and...
Background to the scheme The Association of British Insurers ( ABI) and government operated an accord, the Statement of Principles ( So P), in effect from 2000. Through the So P, the insurance market pledged to make flood cover for homes and small enterprises available widely as part of standard household and small business insurance policies where flood risk was not considered material (typically interpreted as no worse than a 1 in 75 year annual chance of flooding). The So P also placed an obligation on insurers to consistently keep offering flood cover to existing domestic policyholders and small business customers at significant risk (more than a 1 in 75 year annual probability of flooding). The continuation of such cover relied on the Environment Agency having publicly announced plans to bring the local flood risk down to below a 1 in 75 annual...
ARCHIVED: This Practice Note is archived and is not being maintained. At 11 pm ( GMT) on 31 December 2020, the Brexit transition/implementation period that followed the UK’s exit from the EU ended. At that point in time—referred to in UK law as ‘ IP completion day’—key transitional arrangements drew to a close and significant changes started to take effect across the UK’s legal regime. What are the New Approach directives? The New Approach emerged in the mid‑1980s. A 1985 Council resolution set out core principles for the New Approach to simplify product approvals and to enable free movement of goods within the single EU market. Earlier directives were packed with technical detail, which frequently became an obstacle to trade, as the Commission could not complete such technical instruments as quickly as Member States were adopting their own standards and...
This Practice Note covers the following topics: the law governing eligibility to participate in an SAYE scheme general requirements regarding SAYE participation who must be invited to participate in the operation of an SAYE scheme? who else may be permitted to participate in an SAYE scheme? who is prohibited from participating? participation following the death of the option holder, and nominees For further information on save as you earn ( SAYE) schemes generally, see Practice Note: How SAYE schemes work and key features. The law governing eligibility to participate in an SAYE scheme The legislative provisions setting out eligibility to take part in an SAYE scheme are found in paragraphs 6–7, Part 2, Schedule 3 and paragraph 10, Part 3, Schedule 3 to the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003). General requirements regarding SAYE participation SAYE schemes are intended to run on an all-employee basis. As a result, the SAYE rules...
Specific measures usually operate to secure a basic level of pension protection for employees whose roles are compulsorily transferred from central government to private sector contractors due to the outsourcing of services. These safeguards are commonly known as ‘ Fair Deal’. Fair Deal protection—background history Fair Deal guidance first appeared in Annex A of the HM Treasury Guidance ‘ Staff Transfers From Central Government: A Fair Deal for Staff Pensions’, issued in June 1999, and was directed solely at central government departments and agencies. This initial guidance (referred to as ‘old Fair Deal’ in this Practice Note) developed over time as follows: In January 2000, old Fair Deal was annexed to, and cited in, the Cabinet Office Statement of Practice ‘ Staff Transfers in the Public Sector’ ( COSOP), which was later revised in November 2007 and December 2013. This annexing was...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment dated 12 November 2018; it is no longer updated. For more detail, see the timeline, commentary and related/relevant cases. Case facts Guardian Industries Corp and Guardian Europe Sàrl (together, Guardian) appealed the General Court’s ruling which rejected Guardian’s action seeking partial annulment of the Commission’s decision of 28 November 2011. That decision fined Guardian for taking part in a cartel concerning the supply of flat glass in the EEA (the ‘ Flat glass cartel’). Outline On 12 November 2014, the Court of Justice partly overturned the General Court’s judgment and lowered Guardian’s penalty from €148m to €103.6m. The dispute addresses how captive sales are treated when calculating fines and also the requirement that courts rule within a reasonable...
This Practice Note considers the application of the ( FLPA 1984). This Practice Note explores how the ( FLPA 1984) is applied. It outlines the default position that English law is not automatically engaged when fixing limitation periods in proceedings with an international dimension, and examines when and in what manner the FLPA 1984 operates in practice. It reviews the ruling in the Iraqi Civilian litigation and identifies exceptions that may arise under the FLPA 1984, including public policy and undue hardship exemptions. It also addresses section 8, which enables sections 1, 2 and 4 of the Act to be disapplied. The regime the English courts use to decide the applicable law turns on whether the claim is contractual or tortious, and on either the date the contract was concluded or the date of the harmful event. This area has been...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the prior framework—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 conducted and administered in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore comprise assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. Brexit impact—public procurement The UK public procurement framework stems from EU procurement rules and was thus...
Intellectual property laws grant exclusive entitlements to holders of patents, copyright, design rights, trade marks and other protected rights. Owners of intellectual property rights ( IPRs) may stop unauthorised use of their IP and may exploit it, for instance by granting licences to third parties. However, the ability to commercialise does not shield IPRs from scrutiny under competition law. Like any other arrangement, deals involving IPRs (e.g., licences enabling a licensee to use the licensor’s IPRs) must comply with Article 101(1), TFEU. For many would-be licensees and licensors, the initial task in checking whether their arrangements accord with EU competition rules is to consider if a block exemption regulation can apply. The block exemption most commonly relevant to an IP licence is the Technology Transfer Block Exemption Regulation ( TTBE, Regulation 316/2014), the latest iteration of which took effect on 1 May 2014 and...
The Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013 ( Consumer Contracts Regs 2013), SI 2013/3134 apply when you agree a retainer with a consumer client you have not met, commonly termed a distance contract. This Practice Note outlines: when the regulations are engaged in relation to distance contracts when your client has cancellation rights, and how to meet the regulatory requirements The Consumer Contracts Regs 2013 also extend to situations where you meet the client away from your office before entering into a retainer (often called an off‑premises contract). For further detail, see Practice Note: Off–premises contracts—law firms. The flowchart below will help you determine whether: the regulations apply at all and, if so which parts of the regulations you must follow, ie provisions for off‑premises or distance...
CASE HUB ARCHIVED this archived case hub outlines the position as at the judgment dated 10 April 2014; it is no longer being maintained now...
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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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