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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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Scope of this Practice Note The Financial Services Authority’s ( FCA) rules set out in chapter 4 of the Conduct of Business sourcebook ( COBS 4) apply broadly and in general to firms when they communicate with a client or a prospective client while conducting designated investment business or Mi FID business, equivalent third country business, or optional exemption business, and when issuing or approving any financial promotion of any kind connected to investment business. This Practice Note describes the FCA’s requirements on the form and substance of client communications, including financial promotions, under the FCA’s COBS. This Practice Note sits within a series reviewing the provisions in COBS 4 and should be read alongside the following Practice Notes: Introduction to the FCA COBS 4 rules Application of the FCA's COBS 4 rules FCA COBS 4 rules— Putting together financial promotions COBS 4— Past, simulated past and future...
Scope of this Practice Note This Practice Note sets out a concise yet practical overview of the Financial Conduct Authority ( FCA) requirements housed in Chapter 4 of the Conduct of Business sourcebook ( COBS 4). These rules apply to financial promotions and other client communications issued by authorised firms to their clients in connection with designated investment business. Any organisation operating in the UK financial services arena must contend with a broad and detailed suite of rules and regulations that govern their marketing activity and promotions. This is a consequence of the financial promotion regime, which covers all forms of advertising of regulated products or services in the UK. The financial promotion regime derives from the following: the Financial Services and Markets Act 2000 ( FSMA 2000) the Financial Services and Markets Act 2000 ( Financial Promotion) Order 2005, SI...
Scope of this Practice Note The Financial Conduct Authority’s ( FCA) provisions in chapter 4 of the Conduct of Business sourcebook ( COBS 4) broadly cover firms when they communicate with a client or prospective client while undertaking designated investment business, Mi FID, equivalent third-country, or optional exemption business, and when they communicate or approve a financial promotion relating to investment business. This Practice Note outlines the FCA’s requirements for approving and confirming compliance of financial promotions, together with record‑keeping obligations, as set out in the Conduct of Business sourcebook ( COBS) at COBS 4.10 and 4.11......
Scope of this Practice Note This Practice Note outlines the exemptions from the financial promotion restriction most pertinent to corporate work. For detail on the restriction itself, see Practice Note: The financial promotion regime—essentials. The exemptions addressed here appear in Part VI of the Financial Services and Markets Act 2000 ( Financial Promotion) Order 2005, SI 2005/1529 ( FPO), as amended, including by the Financial Services and Markets Act 2000 ( Claims Management Activity) Order 2018, SI 2018/1253, and the Financial Services and Markets Act 2000 ( Amendment) ( EU Exit) Regulations 2019, SI 2019/632. They cover: transaction-led financial promotions company-focused financial promotions recipient-specific financial promotions A graphic summarises the exemptions within each of these three categories: Financial Promotion Order—groups of exemption. The FPO 2005, SI 2005/1529, sets out more than 70 exemptions available to those who are not PRA/ FCA...
ARCHIVED: This Practice Note has been archived and is not maintained FCA approach on the supervision of financial promotion This Practice Note explains how the Financial Conduct Authority ( FCA) ensures that financial promotions issued by firms comply with its rules, and points to examples of enforcement action where non-compliance has been identified. For wider context on the financial promotion regime, see Practice Note The financial promotion regime—essentials. In recent years, the FCA has sought to embed an outcomes-focused model of supervision while retaining elements of a conduct-focused approach. Following a consultation in March 2018, the FCA published its supervisory approach in March 2019. It noted that most firms are supervised as part of portfolios comprising firms with similar business models. The FCA assesses each portfolio and sets a strategy to act on those firms presenting the greatest risk of harm. The regulator...
Scope of this Practice Note The FCA’s rules in chapter 4 of the Conduct of Business sourcebook ( COBS 4) apply broadly to firms when they communicate with a client or a prospective client while carrying on designated investment business, Mi FID, equivalent third country or optional exemption business, and when communicating or approving a financial promotion relating to investment business. This Practice Note sets out what direct offer financial promotions and cold calls are, and identifies which FCA provisions govern them. It forms part of a wider series on COBS 4 and should be read alongside the following Practice Notes: Introduction to the FCA COBS 4 rules Application of the FCA's COBS 4 rules FCA COBS 4 rules— Putting together financial promotions FCA COBS 4 rules— Form and content of promotions COBS 4— Approving and...
Boilerplate provisions in public sector contracts This Practice Note examines freedom of information clauses in public sector contracts. For further detail on what contracting authorities and other interested parties should be aware of when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements commenced on or after that date must proceed under PA 2023. Earlier procurements remain governed by the existing public procurement framework, including: Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs) Utilities...
Important note— Archived Practice Note This Practice Note is no longer updated or maintained, as it concerns the position before the introduction of simplified Immigration Rules and procedures at and before the end of the Brexit transition period. It has been retained in archived form for reasons of historic interest. The Note outlines the evolution and scope of evidential flexibility policies in the consideration of UK immigration applications, and also explains how evidential flexibility operates when challenging refusals. What is evidential flexibility? ‘ Evidential flexibility’ originally arose as the name of an internal policy of the former UK Border Agency ( UKBA) in relation to Points- Based System ( PBS) applications. Provisions on evidential flexibility are now found primarily in the Immigration Rules themselves. Under these provisions, Home Office decision makers may, in certain circumstances, request additional information and/or documents from an applicant and, in limited...
Stop Press : On 24 February 2025, the core provisions of the Public Procurement Act 2023 ( PA 2023) take effect. We are currently reviewing, auditing and refreshing our materials accordingly. Please note that any procurement launched on or after 24 February must proceed under PA 2023, whereas procurements initiated under the earlier regime—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 overseen in accordance with that legislation. For background reading, see Practice Note: Public procurement law—reform [ Archived]. Securing value is a central concern in public procurement, since public services are ultimately financed by the taxpayer. The law therefore imposes specific obligations on public authorities that outsource services, so that they achieve the best possible value. The...
The European leveraged finance loans market is renowned for its inventiveness and its capacity to pivot rapidly, shaping products that suit prevailing economic circumstances. Within this landscape, unitranche facilities have cemented themselves as a mainstay of the leveraged loans mid‑market. Their momentum has stemmed partly from the wave of private debt funds that have entered since the last financial crisis, and partly from today’s restrictions on the levels of leverage that regulated banks can support on individual deals. This adaptability sits at the heart of the market’s appeal. Typically, a single lender provides a unitranche; for larger transactions, a compact club may do so, and such facilities are not structured for syndication. In recent years a clear pattern has emerged, with a growing cohort of debt funds both willing and equipped to deliver jumbo‑sized unitranche...
A PAYE settlement agreement ( PSA) is an optional arrangement letting an employer cover, via one yearly payment, the income tax and National Insurance contributions ( NICs) due by their staff on specified minor and irregular expenses and benefits. A PSA does not replace an employer’s duty to run PAYE on ordinary earnings and to correctly report expenses and benefits. What can be included in a PSA? HMRC will accept a PSA when amounts or benefits are provided to employees and those amounts or benefits are: minor irregular, or impracticable to tax through the payroll, expenses or benefits systems Minor There is no set monetary threshold defining what counts as minor......
Introduction to flood risk Flooding and coastal erosion inflict serious harm and upheaval on infrastructure, homes, public health, wellbeing, land, and wildlife habitats. With climate change driving sea level rise and heavier, more intense rainfall, the population exposed to these hazards is steadily increasing. Flood risk is shaped not only by a changing climate but also by alterations in land use, such as building on flood plains, shifts in farming practices, loss of forests, and artificial drainage. For further detail on climate change and how it influences flooding, refer to News Analysis: Government publishes long-term plan to tackle the risks of flooding and coastal erosion. In March 2020, through its policy paper, Planning for the Future, the government pledged to review rules for development in flood-prone areas to better safeguard future schemes against flooding......
Introduction to flood searches Flooding has become a leading environmental hazard in the UK, with wide-ranging consequences for homeowners, lenders, surveyors, developers and other businesses. Rising flood risk is a consequence of climate change. For further insight into climate change and its influence on flooding, see News Analysis: A new era of climate change reality—a rising tide. As extreme weather events increase, urban environments are more exposed because floodwater cannot infiltrate hardstanding paving and be retained within underlying soils. Consequently, places susceptible to flooding can no longer be assumed to be only those close to rivers and streams. Tools and data to evaluate climate risk are now more readily available. Flood searches are a critical component of due diligence, identifying flood risk at a site-specific scale and advising on the best ways to mitigate and adapt to such risks. When are flood searches...
What is a s 257 order? Section 257 of the Town and Country Planning Act 1990 ( TCPA 1990) concerns footpaths, bridleways and restricted byways that are impacted by development. It empowers a ‘competent authority’ to permit the stopping up or diversion of these routes where they are satisfied it is required to facilitate development being undertaken either: in line with planning permission issued under TCPA 1990, Pt III or TCPA 1990, s 293A (see: Necessary for development to be carried out below), or by a government department. TCPA 1990, s 257 further enables an order to be made ahead of the grant of planning permission, where the stopping up or diversion would be required if planning permission were granted, with such an order only capable of being confirmed once planning permission has in fact been granted. These powers apply to routes affected by...
What is a hearing? A planning hearing is an inquisitorial forum overseen by an inspector. Main parties first lodge written evidence, following a timetable comparable to that for written representation appeals. When all written material has been received, an informal hearing is convened and run as a round-the-table discussion chaired by the planning inspector. Third parties—such as local residents, councillors and amenity groups—may attend and participate. Most hearings conclude within a single day and typically finish with a site visit, although more complex proposals can extend over several days. Legislation and guidance The process for planning hearings is prescribed by the Town and Country Planning ( Hearings Procedure) ( England) Rules 2000, SI 2000/1626 (the English Hearing Rules), and Part 5 of the Town and Country Planning ( Referred Applications and Appeals Procedure) ( Wales) Regulations 2017, SI 2017/544 (the Welsh Appeal...
CASE HUB ARCHIVED – this case hub reflects the position at the judgment date of 12 December 2013 and is no longer maintained Case facts Outline A national reference from the Italian Consiglio di Stato was sent to the Court of Justice under Article 267 TFEU, seeking a preliminary ruling to determine whether the principles of EU competition law, alongside Articles 101, 102 and 106 TFEU, prevent the imposition of tariffs for verification services undertaken by the società organismi di attestazione ( SOAs) Parties Ministero dello Sviluppo Economico and Autorità per la vigilanza sui contratti pubblici di lavori, servizi e forniture Soa Nazionale Costruttori— Organismo di Attestazione Spa Consiglio di Stato ( Italy) Market(s) Certification of tenderers for participation in public procurement tenders in Italy......
This table catalogues all European Commission phase II merger inquiries concluded since 2000, together with other merger-related investigations (eg failure to notify) as well. For details on ongoing Commission merger cases, see EU mergers—ongoing cases tracker. For information on completed Commission phase I merger investigations, consult EU phase I mergers—closed cases tracker. For information on concluded EU merger enforcement actions, see EU mergers enforcement actions—closed cases tracker. For appeals before the General Court, see General Court appeals—ongoing cases tracker; for further details of appeals before the Court of Justice, please consult Court of Justice appeals—ongoing case tracker......
Arbitration is commonly presumed to be confidential because proceedings take place in private. Many users identify ‘confidentiality’ as a key benefit when compared with court litigation. Yet there is an important distinction between privacy, which concerns the closed nature of the hearing, and confidentiality, which may or may not cover the information, materials and documents exchanged between the parties, including the award. Here, confidentiality denotes an obligation on the parties not to disclose information about the arbitration to third parties. National legal systems adopt differing approaches to whether arbitration is confidential by default and to the breadth of any implied duties. How far confidentiality applies in any case will turn on: the agreement reached by the parties; the applicable law; the chosen arbitral institution or any ad hoc procedural...
This Practice Note addresses matters relating to looked after children placed in foster care, and the people who care for them — termed in statute as foster parents, though more commonly referred to as foster carers. It further outlines government guidance on early permanence placements (previously called 'fostering to adopt') and examines how that policy aligns with, and is interpreted by, case law. The Note differentiates between English and Welsh law, which diverge in a number of respects across both primary legislation and regulations, whilst also identifying areas of law that apply equally in both jurisdictions. Looked after children who are fostered England and Wales—general A child is regarded as looked after where they are in the care of the local authority (covering both interim care orders and full care orders), or where they are provided with accommodation by the local authority under any of its...
The general principles Discretion as to costs Although disqualification proceedings have a penal flavour, they are nonetheless civil in nature, so the ordinary civil costs principles apply to them. The Court of Appeal’s decision in Re Pamstock makes plain that their quasi-penal character does not, of itself, warrant any special costs rules... Under CPR 44.2, the court has discretion as to costs in civil proceedings, and this equally governs disqualification cases. Where a matter proceeds to trial: If the hearing is completed within a single day, costs are usually dealt with by summary assessment immediately afterwards, and a schedule of costs should be prepared in advance for that purpose in line with the CPR. If the trial extends beyond one day, the usual direction is for a detailed assessment. CPR 44.2 also states the principle that “costs follow the event”......
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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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