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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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On 9 March 2023, Ireland enacted the Central Bank ( Individual Accountability Framework) Act 2023 ( CB( IAF) A 2023 ( IRL)), introduced to reinforce the Central Bank’s fitness and probity framework and to elevate individual accountability within financial service providers. This Practice Note monitors policy and guidance evolution around the CB( IAF) A 2023 ( IRL), and highlights significant milestones, both historic and forthcoming. Key: ASP- Administrative Sanctions Procedure CBI- Central Bank of Ireland CPC- Consumer Protection Code FSB- Financial Stability Board F& P Regime- Fitness and Probity Regime IAF- Individual Accountability Framework CB( IAF) Act 2023 ( IRL)- Central Bank ( Individual Accountability Framework) Act 2023 NEDs- Non-executive directors PCF- Pre- Approved Controlled Function SEAR- Senior Executive Accountability Regime The IAF includes the following elements: SEAR Conduct Standards ...
This Practice Note examines the principal considerations for securing authorisation of an Investment Business Firm in Ireland under the Investment Intermediaries Act 1995 ( Ireland), as amended ( IIA 1995 ( IRL)). The Irish Legal and Regulatory Framework for the Investment Intermediaries Act 1995 ( Ireland) EU-wide alignment for investment firms commenced in 1993 with Directive 93/6/ EEC on the capital adequacy of investment firms and credit institutions (the Capital Adequacy Directive) and Directive 93/22/ EEC on investment services in the securities sector (the Investment Services Directive). The Capital Adequacy Directive sought to create consistent capital standards for investment firms and credit institutions, while the Investment Services Directive set out the conditions permitting investment firms, authorised and supervised by their home Member State regulator, to provide specified services and gain access to regulated markets across other Member States. In Ireland, these measures were...
RED II—overview The recast Renewable Energy Directive ( Directive ( EU) 2018/2001, RED II) took effect on 24 December 2018, with a deadline for transposition of 30 June 2021. Its principal aim is to establish a unified framework to advance energy derived from renewable sources. Directive ( EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, relating to the promotion of energy from renewable sources and amending RED II, Regulation ( EU) 2018/1999 (the Governance Regulation) and Directive 98/70/ EC, was published in the Official Journal on 31 October 2023 and entered into force on 20 November 2023. Its general transposition deadline is 21 May 2025, save for the following measures which had to be reflected in national law by 1 July 2024: the new Article 15(e) of Directive ( EU) 2018/2001 (covering the designation of dedicated...
Background European Green Deal and the EU Biodiversity Strategy for 2030 The European Green Deal was unveiled in December 2019 as a blueprint to make the EU’s economy sustainable by reframing climate and environmental hurdles as opportunities across every policy domain, and ensuring a fair, inclusive transition for everyone. As a component of the Green Deal, the Commission adopted the EU Biodiversity Strategy for 2030 on 20 May 2020. From this Strategy emerged the principal legislative initiative: the first EU‑level ‘ Nature Restoration Act’. Until 2024, the EU’s biodiversity law rested chiefly on three pillars: Habitats Directive ( Directive 92/43/ EEC) Birds Directive ( Directive 2009/147/ EC) Water Framework Directive ( Directive 2000/60/ EC) Collectively, these Directives require Member States to take suitable steps to conserve and revive natural habitats, wild fauna and flora, and aquatic ecosystems, and to guard them against...
This Practice Note outlines the principal issues that arise when advertising to children. It spans the regulatory framework, how children recognise advertising, sexualised imagery, child protection, credulity and undue pressure, direct exhortations, promotions, age‑restricted products and targeting, plus sector‑specific matters, including betting and gaming, alcohol and food advertising. It also addresses in‑app purchasing and the handling of children’s data for advertising and marketing purposes. Regulatory regime overview Advertising to children is overseen by a combination of UK law and self‑regulatory advertising codes, summarised below. Digital Markets, Competition and Consumers Act 2024 On 6 April 2025, Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) for the most part revoked the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, save for certain transitional provisions relating to a consumer’s right of redress. CPUTR 2008 will continue to govern...
Background This Practice Note offers a concise overview of principal UK– EU points of comparison concerning designs that have emerged since the UK left the EU on 31 December 2020 ( IP completion day). It examines the effect of the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) on design law and takes into account the UK Intellectual Property Office’s ( IPO) designs consultation alongside the EU’s reforms to design legislation. For comparisons across other IP rights in the UK and EU, refer to Practice Notes: Patents and SPCs— UK/ EU comparison, Trade marks— UK/ EU comparison, and Copyright and databases— UK/ EU comparison. Across the EU, IP law is heavily harmonised and broadly consistent in approach. Before Brexit, many elements of UK IP law were aligned with the EU framework, in substance and effect, and certain unitary EU IP...
This Practice Note sets out the principal legal developments expected to affect Scottish corporate crime lawyers during 2026 and into the future. It also recaps the key changes already seen in 2026. For an overview of developments likely to influence corporate crime lawyers across the UK in 2026, see our E& W Practice Note: Corporate Crime horizon scanner—2026. Key primary legislation Information on the progress of government Bills through the UK Parliament, of interest to corporate crime practitioners, is available in Practice Note: Corporate Crime bills tracker—2026. That tracker is intended to help corporate crime lawyers in Scotland remain up to date with relevant Acts of the Scottish Parliament and Bills under consideration by the Scottish Parliament. Bill/ Act Subject Analysis Further material Key secondary legislation Forthcoming Scottish statutory instruments of potential interest to Scottish corporate crime...
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...
Background While every employee of an offeree will usually be keenly interested in the fate of an offer, a public takeover rarely alters their employment rights directly, because their employing entity does not change. Nevertheless, the City Code on Takeovers and Mergers (the Code) and the Companies Act 2006 ( CA 2006) impose several obligations that the parties to a takeover must address in relation to the offeree’s workforce. Among these is General Principle 2, which provides that security holders of an offeree must be given adequate time and information to make a properly informed decision on the bid; where it advises those security holders, the offeree board must state its opinion on how implementing the bid would affect employment, terms and conditions, and the locations of the company’s places of business. In addition, taking account of employees’ interests forms part of the broader...
This Practice Note covers the common law doctrine of privity of contract, its exceptions, how it affects enforcement against non-parties, and situations where, despite no privity, a contract indirectly impacts a third party. For wider guidance, see Practice Note: Ireland— Contracts and third-party rights. What does privity of contract mean? ‘ Privity of contract’ is a common law doctrine meaning you cannot: enforce a benefit of a contract you did not join; or be liable for any obligation under a contract you did not join. Therefore, if your client is not a party (ie a third party), they cannot sue or be sued under that contract. Example: A promises B that they will pay a sum of money to C— C cannot sue A for that sum if A fails to pay. Murphy v Bower (1866) IR 2 CL 506 (not reported by Lexis+® UK) is the...
STOP PRESS : The Financial Conduct Authority ( FCA) has released policy statement PS25/12, setting out definitive, final rules to bolster the safeguarding regime for payment and e-money firms. Flowing from consultation paper CP24/20, these reforms seek to cut deficits in customer funds and secure swifter, more complete returns should a firm collapse. The FCA has additionally issued draft changes to ‘ Payment Services and Electronic Money— Our Approach’, which will be revised to mirror the new framework. The new rules, together with the corresponding updates to the Approach Document, come into force on 7 May 2026. ( See: LNB News 07/08/2025 11 and News Analysis: FCA’s broad proposals aim to protect customer funds). Ipagoo decided that the Electronic Money Regulations 2011 ( EMRs 2011), SI 2011/99 do not impose a statutory trust over relevant funds; rather, they instead confer a...
This Practice Note sets out Q& As on liability management exercises ( LMEs) and liability management transactions ( LMTs), with emphasis on loan and credit agreements. For discussion of liability management in respect of investment grade bonds, see Practice Note: Liability management of bonds. What is an LME? The label LME can cover several different concepts. In summary: For the purposes of this Practice Note alone, and for clarity: LMEs include LMTs; LMEs describe a borrower using flexibility in the finance documents (sometimes inadvertently granted by lenders) to reshape its capital structure, thereby obtaining additional and/or cheaper debt or lowering leverage; and LMEs do not involve any formal or court-led restructuring tools or processes (eg Part 26A restructuring plans ( RPs) or Part 26 Schemes of Arrangement) and are therefore a form of out of court restructuring. Commonly, the debtor and a small cadre of...
This Practice Note outlines the grounds and scope of irritancy in 1991 Act Tenancies (regulated by the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991)) and 2003 Act Tenancies (regulated by the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003)), namely the following: short limited duration tenancies (‘ SLDTs’) limited duration tenancies (‘ LDTs’), and modern limited duration tenancies (‘ MLDTs’) Legal and conventional irritancy in 1991 Act Tenancies A 1991 Act Tenancy can be terminated prematurely on the ground of legal irritancy or conventional irritancy, where legally relevant. ‘ Legal’ or statutory irritancy provisions AH( S) A 1991, s 20 makes provision for legal (statutory) irritancy in 1991 Act Tenancies. It permits an action to remove the tenant at the next Whitsunday or Martinmas (28 May or 28 November) after the action is duly raised in the...
This Practice Note reviews the remuneration framework originating from the Alternative Investment Fund Managers Directive 2011/61/ EU ( AIFMD) and set out in the alternative investment fund manager ( AIFM) Remuneration Code (the Code) within the Senior Management Arrangements, Systems and Controls sourcebook ( SYSC) of the Financial Conduct Authority ( FCA) Handbook at SYSC 19B. It outlines the main elements of the Code, including its reach, the meaning of remuneration and the Code’s principles. Managers of alternative investment funds ( AIFs), including hedge funds, private equity funds and other AIFs (such as commodity funds, venture capital funds, real estate funds and investment funds), may all potentially fall within the scope of the remuneration requirements. For an accessible checklist of the relevant requirements, see: —checklist. For details on the equivalent EU requirements, see Practice Note: EU...
STOP PRESS : On 29 April 2026, the Crime and Policing Act 2026 obtained Royal Assent. Its passage will bring a series of amendments to the Online Safety Act 2023 ( OSA 2023), among them the creation of new digital offences. See: LNB News 30/04/2026 21. This Practice Note is impacted by these developments and is currently being revised. This Practice Note provides practical guidance on child protection obligations under OSA 2023, including the child safety duties in OSA 2023, ss 12 and 29. The child safety duties in OSA 2023, s 12 relate to user-to-user services, while those in OSA 2023, s 29 concern search services (these expressions are elaborated on below). It also offers commentary on Ofcom’s Protection of Children Code of Practice for user-to-user services and its Protection of Children Code of Practice for search services. Although distinct...
This Practice Note outlines the legal and practical considerations relevant to digital rights management ( DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is...
Urban wastewater is a major driver of water contamination, frequently carrying bacteria, viruses, hazardous chemicals including micropollutants, and surplus nutrients. When released without treatment, these pollutants can threaten human health and harm ecosystems in rivers, lakes and coastal waters... Background to the original Urban Wastewater Treatment Directive ( Directive 91/271/ EEC) The original Urban Wastewater Treatment Directive (91/271/ EEC) took effect on 29 May 1991. It set requirements for the collection, monitoring, treatment and discharge of urban wastewater, along with the monitoring, treatment and discharge of wastewater from specific industrial sectors listed in Annex III. Milk processing Meat and fish processing Manufacturing of fruit and vegetable products Manufacturing and bottling of soft drinks Etc. Its objective was to protect the environment from the negative impacts of these discharges. A 2019 evaluation concluded the Directive had boosted wastewater collection and treatment across the EU, yet determined that a thorough overhaul was...
This Practice Note summarises the applicability and scope of Directive 2014/24/ EU (the EU Public Sector Directive) to specific procurements. To establish whether the Directive applies, a contracting authority should consider four principal questions: does the contract fall within the definitions of public works, services or supply contracts? is the contract being awarded by a contracting authority? is the relevant EU threshold exceeded? is the contract, on an exceptional basis, excluded from the Directive’s scope? Does the contract fall within the definition of public works, services or supply contracts? Public works contract A public works contract is a public contract the subject-matter of which comprises any of the following: the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex II the execution, or both the design and...
Key information Floods Directive Official title: Directive 2007/60/ EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (the Floods Directive) In force from: 26 November 2007 ( Art 18) Transposition deadline: 25 November 2009 ( Art 17) National implementation: See Eur- Lex information on national transposition measures, as provided by Member States Amendments: None Subject: Flooding Purpose of the Floods Directive The Directive sets a common approach to evaluate, manage and lessen the risk of floods—particularly along rivers and in coastal zones—to protect human health, the environment, property and economic activity across the EU. It calls for the assessment of flooding risk within river basins, the creation of flood hazard and risk maps wherever serious flood risk is present, and the preparation of flood risk...
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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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