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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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Context and adoption Escalating volumes of packaging production, coupled with limited re-use, inadequate collection and weak recycling, are major obstacles to delivering in practice a low‑carbon circular economy across the EU. Packaging relies heavily on virgin inputs and accounts for 36% of the EU’s municipal solid waste overall. The Commission reports that 40% of plastics and 50% of paper consumed in the EU are dedicated to packaging. On 11 March 2020, the Commission unveiled a new Circular Economy Action Plan for the EU. This plan, embedded in both the European Green Deal and the EU’s Industrial Strategy, set out measures to make sustainable products standard in the EU and to cut waste. On 30 November 2022, in line with the plan’s commitments, the Commission tabled a draft regulation on packaging and packaging waste, among other things to amend Regulation ( EU) 2019/1020 (the Market...
PI & Clinical Negligence horizon scanner— February 2025 [ Archived] ARCHIVED: This Practice Note is archived and no longer maintained. It distils the principal legal updates of interest to personal injury and clinical negligence practitioners as at 10 February 2025. For matters arising before this horizon scanner, see PI and Clinical Negligence horizon scanning—overview. Key PI and clinical negligence developments Ministry of Justice sets new personal injury discount rate at positive 0.5% The Lord Chancellor, Rt Hon Shabana Mahmood MP, has set a new personal injury discount rate of +0.5% for England and Wales, effective from 11 January 2025. This single rate applies to the calculation of lump sum awards for future financial losses in personal injury claims. At this review, the Lord Chancellor determined that adopting dual or multiple rates would be unsuitable, confirming instead a sole rate of +0.5%. The outcome follows an extensive review under the...
Statutory framework In England, there are three pension arrangements in place for firefighters, collectively referred to as the Firefighters’ Pension Scheme. These are: Firefighters’ Pension Scheme 1992 ( FPS 1992), which stopped accepting new members from 6 April 2006 and ended future accrual on 1 April 2022 Firefighters’ Pension Scheme 2006 ( FPS 2006, or NFPS – the New Firefighters’ Pension Scheme), which likewise closed to future accrual with effect from 1 April 2022 Firefighters’ Pension Scheme 2015 ( FPS 2015), which commenced on 1 April 2015 FPS 1992 also covered fire and rescue personnel in Scotland and Wales. FPS 2006 did not, and separate new schemes were put in place by the Firefighters’ Pension Scheme ( Scotland) Order 2007, SSI 2007/199, and the Firefighters’ Pension Scheme ( Wales) Order 2007, SI 2007/1072. In 2014 and 2015, distinct successor schemes were also...
Hybrid capital instruments Hybrid capital instruments are forms of debt that incorporate equity-like characteristics. They commonly grant the issuer the option to cancel or defer interest payments, are frequently long-dated or perpetual, and may allow for discharge or conversion into shares in specified circumstances. These traits can create uncertainty over whether amounts payable under such instruments are treated as interest for tax purposes (generally deductible under the loan relationships rules) or as distributions (which are not). That ambiguity can pose particular issues for the financial sector, where banking companies (under Basel III) and insurance companies (under Solvency II) are obliged to maintain a set amount of capital—often called regulatory capital, or capital requirements. The securities used to raise this capital must include features that provide for loss-absorbency if a bank or insurer comes under financial pressure and has diminished capital levels. Prior to 1...
This Practice Note provides the complete text of the Employment Appeal Tribunal Practice Direction 2024, which took effect on 1 February 2025. 1 INTRODUCTION 1.1 What does the Employment Appeal Tribunal do? The Employment Appeal Tribunal (“ EAT”) hears appeals against decisions of Employment Tribunals in England, Wales and Scotland. Distinct provisions govern national security appeals: see Section 14. The EAT also has further functions: see Sections 15 and 16. 1.2 What appeals does this Practice Direction apply to? This Practice Direction applies to all appeals started on or after 1 February 2025; and to appeals begun before that date in respect of steps occurring on or after it. It applies in England, Wales and Scotland. It amends and replaces the EAT Practice Direction 2023. 1.3 What is this Practice Direction for? This Practice Direction describes the EAT’s procedures. It sets out procedural...
This Practice Note considers the measures employment tribunals and both parties should adopt to identify vulnerable parties and witnesses, where appropriate, and to fully secure their participation in employment tribunal proceedings. The Employment Tribunal Procedure Rules 2024 ( ET Rules 2024), SI 2024/1155, do not expressly mention vulnerable parties or their treatment in the employment tribunals. Nevertheless, the overriding objective in the ET Rules 2024, SI 2024/1155, r 3 requires employment tribunals to determine cases fairly and justly, which includes, so far as practicable, ensuring all parties are on an equal footing. It is therefore evident that vulnerable parties in employment proceedings, including witnesses, will often need assistance to be put on that footing. How this can be achieved is addressed in the guidance set out immediately below. For more information: on case management generally, see the Practice Note: Employment tribunal case...
STOP PRESS As at 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now in full effect and operation. Competitions launched on or after that date must be conducted in accordance with PA 2023, while procurements initiated under the earlier instruments—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 delivered, administered and overseen in accordance with those rules. See the Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance addresses public procurement under the Procurement Act 2023 ( PA 2023). For further guidance on evaluation methodologies under the former legislation, see Practice Note: Using different evaluation methodologies for different types of public...
CASE HUB See further, timeline and relevant/related cases Case facts Outline The European Commission is examining, under Article 101 TFEU, a cooperation arrangement between Lufthansa, United Airlines and Air Canada concerning transatlantic services to and from multiple EEA airports. The arrangement, known as the ‘ A++ transatlantic joint venture’ ( Case 40940), is the focus of the probe. Latest developments On 27 February 2025, the Commission stated it had ended its interim measures process against Lufthansa, as the legal criteria for imposing such measures were not all satisfied. This does not affect the continuation of the principal investigation, which remains ongoing. Parties Deutsche Lufthansa AG ( Lufthansa): Lufthansa, based in Germany, is a global full-service airline operating passenger and cargo flights on domestic and international networks. It runs hubs at Frankfurt, Munich, Brussels, Zurich and Vienna. Lufthansa participates in the A++ transatlantic JV and is a Star...
Our capacity to sway others is something we call upon every day. It might be a small ask—such as requesting a different meeting time—or a bigger challenge—like persuading the board to invest in new technology. This Practice Note sets out the essentials of influencing, explores personal and positional power, clarifies the boundary between influence and manipulation, shows how to build sway in the boardroom, and clearly pinpoints influencing capabilities during the interview process. The fundamentals of influencing others Connecting with those around you Influence is about working with people, not doing things to them. It is ‘doing with’, not ‘doing to’. It isn’t about forcing your views; it is about bringing others around to your perspective. To make that happen, you need to understand and connect with them, and articulate your vision in a way that truly resonates with them. Being...
EU corporate governance centres on the ties linking a company’s management, its board, shareholders and wider stakeholders, and thus on how the undertaking is directed and controlled. 2003 EU Corporate Governance Action Plan In 2003, the Commission launched a formal action plan to improve corporate governance across Europe, entitled ‘ Modernising Company Law and Enhancing Corporate Governance in the European Union— A Plan to Move Forward’ (the 2003 Action Plan). It drew on the 2002 report of the High Level Group of Company Law Experts, chaired by Jaap Winter (the Winter Report), tasked with devising a modern regulatory framework for company law in Europe. The principal aims of the 2003 Action Plan were to: bolster shareholders’ rights and protections for employees, creditors and other counterparties, while tailoring company law and corporate governance rules to different categories of company promote business efficiency and...
This month, the New Zealand government opened a consultation to overhaul its competition law framework, including merger control. New Zealand—government launches consultation to reform its competition law regime On 5 December 2024, the government released a consultation paper proposing reforms to the competition law regime, with merger control in scope. For mergers, the objective is to ensure the Commerce Commission ( CC) has the tools to prevent transactions that raise competition concerns. The paper canvasses a number of potential changes to New Zealand’s merger control regime, outlined below. Voluntary notification system not considered as part of the consultation The government is not seeking to alter the existing voluntary merger control regime. Instead, it is examining whether the CC should be given stronger powers to investigate and deal with mergers occurring outside the clearance process. Possible measures could include: stay and/or hold separate powers — enabling the CC to pause...
Risk assessment Government guidance outlines what procedures commercial organisations should adopt to stop those linked to them committing fraud offences, framing this around six core principles. Chief among these is the second—‘ Risk assessment’—which confirms you ought to take a risk-based approach to tackling fraud risks. The failure to prevent fraud offence represents one dimension of fraud risk management: the danger that an associated person commits a fraud offence that advantages your business or your clients. You must also factor in the risk of fraud where your own business is targeted as the victim. The positive here is that the measures you implement to address each perspective on risk will usually be identical or closely aligned. Your fraud risk management procedures should be proportionate to the particular fraud risks you encounter, so the starting point is to identify those risks....
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) created a corporate offence of failing to prevent fraud, effective from 1 September 2025. This Practice Note is directed at commercial organisations, including law firms. It outlines the key features of the failure to prevent fraud offence brought in by ECCTA 2023. It explains the government’s expectations for procedures organisations should implement to deter fraud and the ensuing compliance implications. Not putting such measures in place may leave the organisation exposed to criminal offences. Organisations should also reflect on how to avoid becoming victims of fraud. Although the failure to prevent fraud offence addresses a distinct strand of fraud prevention, the risk management actions and preventative controls adopted by commercial organisations are likely to be much the same. Accordingly, this Practice Note addresses both strands of fraud risk...
Risk assessment underpins every compliance programme. Managing fraud risk is complex. Commercial organisations must look at fraud from two viewpoints: (1) fraud by or for the organisation, engaging the failure to prevent fraud offence, and (2) the organisation being defrauded. In reality, the preventative measures for both are largely the same, so you are unlikely to run two separate assessments or keep duplicate policies. This Practice Note and the related Precedents therefore treat both together, while noting they are not identical. What are the risks we are assessing? Risk assessing fraud is two-pronged: Committing the failure to prevent fraud offence Staff and agents committing fraud for your organisation and/or customers. The risk of your organisation being a victim of fraud A...
List of Issues for Disclosure This Practice Note examines the List of Issues for Disclosure required when applying for Extended Disclosure under the Disclosure Scheme in the Business & Property Courts ( B& PCs) pursuant to CPR PD 57AD. The Scheme took effect on 1 October 2022 after a disclosure pilot. Judgments from the pilot continue to be relevant and are reflected below. For guidance on which disclosure regime governs a claim, see: Which disclosure rules apply to my claim—flowchart? Identifying the ‘ Issues for Disclosure’ is necessary whenever a party seeks Extended Disclosure under the Scheme. For more detail, see the following Practice Notes: Disclosure Scheme— Extended Disclosure Disclosure Scheme— Extended Disclosure and Less Complex Claims The List of Issues for Disclosure is a pivotal document. Meticulous drafting—carried out in co‑operation with the other parties—helps ensure that the court, at the outset, orders the most...
This Practice Note offers clear direction on the rules and processes governing the presentation of expert evidence. For an overview of the key principles and wider issues concerning expert evidence in Scottish civil litigation, also refer to Practice Note: Expert evidence in Scottish civil litigation—general considerations. Are there any pre-action requirements or other procedural rules regarding early disclosure of expert evidence? Pre-action protocols oblige disputing parties to engage constructively before proceedings are formally commenced. Their purpose is to promote early contact and the informed sharing of information, such as expert reports. Non-compliance with pre-action duties can frequently affect awards of expenses for the parties. Likewise, certain procedures feature active judicial case management, extending to matters of expert evidence and its handling. For ordinary actions, in both the sheriff court and the Court of Session, there are no compulsory pre-action steps presently required. However,...
Every website should be accessible, particularly to people with disabilities. Access to websites is regulated by Directive ( EU) 2016/2102 on the accessibility of websites and mobile apps of public sector bodies, the EU Web Accessibility Directive. Firms operating in the EU should also assess whether Directive ( EU) 2019/882, the European Accessibility Act, applies; it has a wider scope than the EU Web Accessibility Directive and covers products and services introduced to the market after 28 June 2025. See below for more, alongside Practice Note: The European Accessibility Act. Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA), foresees EU-level codes of conduct so that in-scope service providers offer accessible services. Further information appears below, together with Practice Note: The EU Digital Services Act. This Practice Note mainly highlights relevant EU rules and guidance on web...
EU Methane Regulation—introduction On 14 October 2020, the Commission unveiled the EU Methane Strategy, expressly intended to steer temperature pathways towards 2050 whilst also boosting overall air quality. The Strategy targets, in particular, the reduction of methane emissions within the energy, agriculture and waste sectors, as these areas together account for virtually the whole of anthropogenic methane output. In line with the commitments contained in the EU Methane Strategy, the Commission, on 15 December 2021, presented a proposal for a new regulation to govern methane emissions. The ensuing Regulation ( EU) 2024/1787 of the European Parliament and of the Council of 13 June 2024, concerning the reduction of methane emissions in the energy sector (the EU Methane Regulation), was published in the Official Journal on 15 July 2024. It subsequently entered into force on 4 August 2024. For the fossil energy sector, the EU Methane...
This Practice Note offers guidance on multi-party and/or multi-contract arbitrations under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 June 2024, unless the parties decide otherwise; for proceedings begun before 1 June 2024, the 2018 HKIAC Rules ordinarily apply, save where the parties agreed differently. For an introduction to the HKIAC and its framework, see Practice Note: HKIAC—background to and structure of the institution. Arbitration is traditionally founded on a contract between two or more parties, with only those parties being subject to the process. This has produced scenarios where a party must confront multiple claims across separate arbitrations, or in both arbitration and court...
This Practice Note offers guidance on the overall procedure for arbitrations conducted under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations commenced on or after 1 June 2024, unless the parties agree otherwise; for HKIAC arbitrations begun before 1 June 2024, the 2018 HKIAC Rules will generally apply, subject to any different party agreement. For an overview of the HKIAC and its organisational framework, see Practice Note: HKIAC—background to and structure of the institution. For step-by-step guidance on initiating and answering proceedings, see Practice Notes: HKIAC (2024)—starting an arbitration and HKIAC (2024)—responding to a HKIAC arbitration. The overall approach to procedure in a HKIAC...
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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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