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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 monitors and distils concluded EU enforcement measures connected to the EU’s Digital Markets Act ( DMA). For details and context on the DMA via the ordinary legislative process, please consult: EU Digital Markets Act—progress tracker. For all ongoing......
Where staff move with the undertaking in which they are employed and assigned under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL) ( TUPE Regulations 2003 ( IRL)), a range of important employment tax consequences arises and must be considered, where appropriate, in practice. This Practice Note addresses, for completeness, from an Irish tax standpoint, the employment tax and payroll consequences of a TUPE transfer, in particular. Continuity of employment Under SI No 131/2003 ( IRL), reg 2 4, when a qualifying transfer takes place, in-scope employees’ contracts pass automatically to the incoming employer, preserving their existing terms and conditions, including length of service. The service element matters for employment tax in the context of any later redundancy. In those circumstances, an employee’s statutory redundancy entitlement will be computed by...
Introduction Cross-border transactions now encounter greater unpredictability and risk of delay than ever. Only a few decades ago, companies undertaking international deals had to notify just a small set of competition authorities, prompted by relatively objective filing criteria. As competition enforcement expanded, so did filing jurisdictions and potential notification duties, with the result that major cross-border transactions could demand upwards of 40 filings, often triggered by less certain thresholds—such as those linked to a target’s market share in a specific jurisdiction. However demanding that coordination was, it is modest compared with the present swell of uncertainty facing businesses engaged in cross-border transactions. This rising uncertainty is fuelled by two overlapping developments: one within global competition enforcement and another driven by new regimes reviewing foreign direct investment ( FDI). In competition enforcement, ostensibly ‘voluntary’ systems, including those in the UK, Australia and New Zealand, are...
This Practice Note summarises a number of illustrative cases addressing applications for freezing injunction. It offers an overview of the array of factual settings and questions that can emerge around these orders, with a particular emphasis on rulings issued from 1 January 2025 onwards. For significant and illustrative judgments handed down before 2025, see Practice Note: Freezing injunctions—key and illustrative decisions (2020–2024) [ Archived]. Be aware that the CPR provisions governing interim injunctive relief, including freezing orders, were amended with effect from 6 April 2025. In particular, CPR 25 underwent substantial revision and the related Practice Directions, including the specimen draft freezing order formerly set out in Annex A to Practice Direction 25A, were revoked. A new model order for a freezing injunction took effect on 6 April 2025 in its place. The reforms were not designed to bring about any material change to the...
This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all of Wong Partnership LLP, Singapore. The th Edition of the SIAC Rules took effect on 1 January 2025 and is available here. The 2025 SIAC Rules apply to arbitrations begun on or after 1 January 2025, unless the parties have agreed otherwise. Number of arbitrators Unless the parties agree otherwise, the tribunal will comprise one or three arbitrators. Where no number is agreed, a sole arbitrator will be appointed unless, having considered the parties’ views, the Registrar decides that three arbitrators are warranted (2025 SIAC Rules, r 19.1). Under the 2025 SIAC Rules, if the arbitration agreement does not specify the number, the claimant must include in the Notice of...
This Practice Note outlines the pilot express financial remedy ( EFR) route for financial remedy applications where combined net assets are below £250,000 (excluding pension rights). It takes effect from 7 April 2025 through the Family Procedure Rules 2010 ( FPR 2010), namely FPR 2010, PD 36ZH. It examines eligibility for the scheme and any exceptions, offers practical guidance, and explains the interface with FPR 2010, SI 2010/2955, Pt 9, together with FPR 2010, PD 9A (application for a financial remedy) and related provisions of FPR 2010. The pilot operates from 7 April 2025 to 2 April 2027. The intention is that eligible applications ‘will follow a new express financial remedy procedure with a view to further enhancing efficiency in the disposal of financial remedy cases’. FPR 2010, PD 36ZH—how it works, eligibility and exceptions FPR 2010, PD 36ZH does not introduce...
This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all of Wong Partnership LLP, Singapore. It examines the treatment of multiple contracts, joinder, and consolidation under the Arbitration Rules of the Singapore International Arbitration Centre ( SIAC) (7th Edition) 2025 (the 2025 SIAC Rules). The 7th Edition of the SIAC Rules took effect on 1 January 2025 and is available here. The 2025 SIAC Rules govern arbitrations commenced on or after 1 January 2025, unless the parties have agreed to a different regime. SIAC's multi-party and multi-contract rules The 2025 SIAC Rules set out detailed provisions addressing: multiple contracts (2025 SIAC Rules, r 15) consolidation (2025 SIAC Rules, r 16) ...
This Practice Note explores the growing resort to anti-arbitration injunctions by Russian entities under Article 248.1 of the Russian Arbitration Procedure Code ( RAPC), which threatens the enforceability of arbitration agreements with EU-domiciled parties. It sets out how the EU and German legal orders provide effective countermeasures. The EU sanctions framework bars recognition of such injunctions and enables claims for damages, while German law supplies powerful remedies, including injunctive relief, declaratory relief, and recovery of legal costs. Recent German court decisions bolster arbitration rights, showing EU entities can protect their interests without traditional anti-suit injunctions. Introduction and Background Increased use of Anti- Arbitration Injunctions by Russian entities based on the Russian Arbitration Procedure Code Recently, Russian entities have increasingly asked local courts to claim exclusive jurisdiction over disputes with EU-domiciled parties, often seeking anti-arbitration injunctions under Article 248.1 RAPC despite valid...
Australia— ACCC publishes guidance on the transition to a new merger control regime and consults on draft merger assessment guidelines This month has seen the Australian Competition and Consumer Commission release three sets of guidance ahead of the commencement of Australia’s new merger regime, as well as the annual amendments to merger control thresholds in Italy. Several developments followed: the Australian Competition and Consumer Commission ( ACCC) issued three sets of guidelines in advance of the new Australian merger regime; and the Australian Treasury released an exposure draft for consultation, which sets out the merger notification thresholds announced on 10 October 2024. Transitional guidelines Over the next 12 months, Australia’s merger clearance process will be in a state of flux as the system shifts from the current voluntary approach, through a transition phase from 1 July 2025, to a mandatory regime from 1 January...
STOP PRESS : This Practice Note mirrors the current legislative position; nonetheless, note that specific aspects will be influenced by the Digital Omnibus proposals released on 19 November 2025 under the Commission’s ‘simplification’ agenda. For more, see Practice Note: EU Digital Omnibus—tracker. Introduction High-profile security lapses affecting the internet, technology, and dependent services in recent years have brought the need for effective cybersecurity into sharp relief. As a result, cybersecurity has become increasingly important for both enterprises and individuals. On 16 December 2020, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy set out an EU Cybersecurity Strategy. It spans the protection of essential EU services (eg hospitals, energy grids and railways) and the security of connected devices in homes, offices and factories. The strategy emphasises developing collective capacity to counter major cyber-attacks and engaging...
This Practice Note summarises the Family Public Law ( FPL) HM Courts and Tribunals Service ( HMCTS) online service release notes for solicitors/legal professionals and local authorities. These notes outline design and other changes applied to the HMCTS online service used to issue and manage public law children proceedings. The most recent notes are listed below. For practical help on using the HMCTS online service, see Practice Note: Online public law children proceedings. For practical guidance on public children procedure, see Practice Note: Public law children procedure— Public Law Outline. For guidance on adding a barrister so they can access the case via My HMCTS (where their own organisation is registered with My HMCTS), see: Contact the FPL service with any feedback about the online service at Family Public Law Service...
This Practice Note explains the practice and procedure that regulate citing authorities in the family courts. It reviews the 2001 Practice Note (citation of cases: restrictions and rules) (the 2001 Practice Note on the citation of authorities) together with the 2012 Practice Direction ( Citation of Authorities) (the 2012 Practice Direction on the citation of authorities). It also outlines the President of the Family Division’s guidance, issued on 27 February 2025, on citing authorities and the judgments of circuit and district judges (the 2025 guidance). That guidance makes clear that judgments at circuit judge and district judge level are not to be cited unless they include an express statement, approved by the relevant leader. Instances of cases cited retrospectively are identified. Judgment publication guidelines It is ordinarily in the public interest that judgments are published, including those stemming from private...
Public procurement describes how public bodies, including central government departments and local councils, buy works (for example, construction), goods or services from private sector providers. Each year, more than 250,000 contracting authorities across the EU allocate about 14% of GDP (approximately €2 trillion annually) to acquiring services, works and supplies. The EU public procurement Directives At EU level, a number of institutions take part in shaping and enforcing public procurement law. The European Commission prepares legislative initiatives, implements decisions of the European Parliament and of the Council of the European Union, and ensures that public procurement Directives are upheld. The Court of Justice of the European Union ( CJEU) examines whether Member States satisfy their obligations under the Treaty of the Functioning of the European Union ( TFEU) and under EU law. Both the Council of the EU and the European Parliament legislate jointly, while the...
CASE HUB ARCHIVED This archived case hub captures the position as at the final decision dated 21 March 2025 and is no longer maintained. See the timeline for further details. Case facts An outline of the CMA’s Chapter I investigation into the sharing of commercially sensitive information among five undertakings engaged in the production and broadcasting of sports content. Latest development On 21 March 2025, the CMA issued an infringement decision and levied fines totalling €4,240,356 on four companies. The penalties for each party were: BT (6 infringements from August 2014 to September 2021)—£1,738,453 (including a 15% leniency reduction and a 20% settlement reduction) IMG (6 infringements between April 2016 and October 2021)......
CASE HUB See further, timeline. Case facts Outline: Commission Digital Markets Act investigation into: (i) ’s rules on steering within Google Play; and (ii) self-preferencing on Google Search. Latest development On 19 March 2025, the Commission issued two sets of preliminary findings to , determining that: certain features and functions of Google Search give ’s own services preferential treatment over rivals, failing to ensure fully transparent, fair and non-discriminatory handling of third-party services as required by the DMA; and its app marketplace Google Play is not in full compliance with the DMA, because app developers are prevented from freely steering consumers to other channels where better offers are available......
Practice Note This Practice Note sets out a summary of the new cap-and-floor subsidy framework brought in by the UK government to back Long Duration Electricity Storage ( LDES) projects across Great Britain ( GB). It excludes subsidy arrangements for LDES in Northern Ireland, as these are beyond the territorial remit of the framework. It is strictly limited in territorial scope and application within GB only. The LDES subsidy scheme has been launched, in the first instance, to enable delivery of new (or materially refurbished existing) LDES assets from 2030 onwards, with an initial track aiming for delivery by 2030 and a second track targeting delivery by 2033. The first application window under the programme (covering both tracks) opened on 8 April 2025 (see: LNB News 08/04/2025 20) and closed on 9 June 2025. Eligible LDES assets will at the outset receive...
This month brings the annual uplift to merger control thresholds in Argentina and Malawi, significant proposals to reshape Sweden’s merger rules, the announcement of turnover-based thresholds in the United Arab Emirates ( UAE) set to take effect on 31 March 2025, and new CMA merger control proposals in the UK aimed at fostering growth, investment and business confidence. Argentina—annual revision to notification thresholds Argentina has implemented revised notification thresholds following the yearly increase in the value of adjustable units (the index on which the thresholds are based). A filing is now required where the parties’ combined Argentinian turnover exceeds ARS 110.2bn (approximately €111.3m/ US$121.0m), up from ARS 50.6bn, unless: the value of the assets transferred in Argentina does not exceed ARS 22.0bn (approximately €22.2m/ US$24.2m) the total price payable in Argentina does not exceed ARS 22.0bn...
This Practice Note sets out practical guidance concerning the financial services trade commitments entered into by Australia and the UK under the Aus- UK Free Trade Agreement ( FTA). In doing so, it explains national treatment, most-favoured-nation ( MFN) obligations, market access disciplines, the Parties’ specific undertakings, non-conforming measures, and applicable exceptions. Introduction The Parties to the Aus- UK FTA agreed a range of trade disciplines, including on trade in goods, services, trade remedies, sanitary and phytosanitary rules, and technical barriers to trade. They also adopted general commitments on trade in services. For commentary on those, see Practice Note: Trade in services in the Aus- UK FTA. Those commitments do not extend to trade in financial services. Instead, the Parties included tailored provisions on trade in financial services in chapter 9 of the Aus- UK FTA. These are distinct from the general services...
This Practice Note explores the deployment of consumer reviews (including fake reviews and concealed incentivised reviews) and their treatment as a banned unfair commercial practice under the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). It also examines obligations set by the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing ( CAP Code). Introduction Consumer reviews are vitally important in guiding individuals on whether to purchase a product or obtain a service. When used appropriately and in line with the law, they deliver detailed insight into the authentic experiences of others and can be harnessed by businesses to demonstrate credibility and reliability to prospective customers alike. When misused, they may manipulate search rankings, mislead consumers about a product’s genuine efficacy, or otherwise create a deceptive overall impression that could influence a consumer’s transactional decision. Although reviews can appear both online and...
Context and adoption Rapidly increasing packaging output, together with low rates of re-use, limited collection, and weak recycling, creates major obstacles to achieving a low-carbon circular economy in the EU. Packaging consumes large quantities of virgin resources and makes up 36% of the EU’s municipal solid waste. The Commission reports that 40% of plastics and 50% of paper used within the EU goes into packaging. On 11 March 2020, the Commission set out a new Circular Economy Action Plan. As a pillar of both the European Green Deal and the EU’s Industrial Strategy, the Plan unveiled actions to make sustainable products standard in the EU and to ensure less waste. In line with these commitments, on 30 November 2022 the Commission tabled a proposal for a new regulation on packaging and packaging waste, to amend Regulation ( EU) 2019/1020 (the Market...
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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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