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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 What do methane emissions do? Methane ( CH4) ranks behind only carbon dioxide ( CO2) in its overall impact on climate change, accounting for roughly a third of present warming. While methane persists in the atmosphere for a shorter average period than CO2-around 10 to 12 years versus several hundred-its warming influence across a 20-year timespan is more than 80 times stronger than CO2. Over the past decade, global atmospheric methane levels have climbed steeply, prompting intensified international demands for action. International action On 20 September 2021, the EU and the USA unveiled the Global Methane Pledge, aiming to curb worldwide methane emissions by committing participating nations to cut them by at least 30% by 2030. Meeting this ambition could lower global warming by 0.2 o C by 2050. The Global Methane Pledge was officially introduced at COP26 in November 2021, with over 100...
This Practice Note summarises Directive ( EU) 2024/2831 on improving conditions in platform work (the EU Platform Work Directive). It sets out core definitions of platform work, establishes a rebuttable legal presumption, and lays down requirements governing algorithmic management. It also considers the rights of individuals undertaking platform work, together with routes for enforcement and possible sanctions. The Directive focuses on three strands: accurate classification of the employment status of those working via platforms; greater transparency and accountability for algorithmic decision-making; and stronger enforcement, plus enhanced transparency and traceability of work carried out through online platforms. Timeline Publication in the Official Journal of the EU: 11 November 2024 Entry into force: 1 December 2024 Transposition deadline: 2 December 2026 Background to the EU Platform Work Directive Platform work involves matching demand with the supply of paid work through an online platform that relies on an...
Directive ( EU) 2022/2041 on adequate minimum wages, commonly known as the EU Directive on Adequate Minimum Wages, is a central EU initiative to guarantee fair and sufficient minimum pay for all workers across its Member States. What’s happening Publication in the Official Journal of the EU — 25 October 2022 Entry into force — 14 November 2022 Transposition deadline — 15 November 2024 To track the implementation of the Directive in the Member States, see the ( Eur-lex website). Background, legal bases, and objectives of the Directive The Directive’s core aim is to ensure wages are sufficient to secure a decent standard of living for all workers, while confronting the rise of in-work poverty and narrowing wage inequalities between Member States. It stresses that minimum pay should be reviewed on a regular basis to reflect economic developments, inflation, and living...
This Practice Note This Practice Note is authored by Anne Redston, Barrister. It expresses her personal view; she is not authorised to represent the Tribunals Service or the judiciary. This Practice Note discusses: which taxes and other areas fall within the jurisdiction of the First-tier Tribunal ( Tax Chamber) ( FTT) the legislative foundations for the FTT’s jurisdiction the FTT’s inherent power to rule on issues of open justice the FTT operating in both adversarial and inquisitorial modes the FTT’s appellate role and its supervisory function matters outside the FTT’s remit when the FTT may exercise judicial review ( JR) jurisdiction practicalities where a case raises both public law and revenue law points the FTT’s equitable jurisdiction This Practice Note, together with the other notes on appealing to the FTT, is a summary only and does not...
This Practice Note outlines the obligations of cryptoasset service providers ( CASPs) under the EU’s Recast Wire Transfer Regulation 2 ( Recast EU WTR2), also known as the Recast Funds Transfer Regulation 2 ( Recast EU FTR2), together with the European Banking Authority’s ( EBA) Travel Rule Guidelines, effective from 30 December 2024. It delivers practical direction on addressing core hurdles for CASPs, including self-hosted addresses and the absence of a standardised messaging framework. Background On 20 July 2021, the Commission unveiled an ambitious set of legislative proposals to reinforce the EU’s anti-money laundering ( AML) and countering the financing of terrorism ( CTF) regime. The objective of this AML package was to enhance the detection of suspicious transactions and activities, and to seal gaps exploited by criminals to launder illicit proceeds or fund terrorist activities through the financial system. The AML package...
This Practice Note offers links to Q& As addressing many of the most commonly asked questions ( FAQs) in environment practical guidance. The responses are not kept under review and so record the legal position at the time they were issued. For up to date guidance and added detail, follow the links within each response. Air emissions and climate change As a UK facility operator, do the existing Best Available Technique guidance documents still fully apply? Commission Implementing Decision ( EU) 2017/1442 of 31 July 2017 sets best available techniques ( BAT) conclusions under Directive 2010/75/ EU for large combustion plants. Are there any specific carve-outs and/or tighter or looser standards for new Open Cycle Gas Turbines operating 1,500 hours or more per annum? Asbestos Regarding the duty to manage asbestos in non-residential premises, does ‘premises’ extend to open land (parks,...
The applicable legislation for challenging arbitral awards In Russia, the framework for contesting arbitral awards is articulated across several instruments: the Law of the Russian Federation on International Commercial Arbitration No 5338- I of 7 July 1993 (the ‘ ICA Law’); the Federal Law On Arbitration ( Arbitral Proceedings) in the Russian Federation No 382- FZ of 29 December 2015 (the ‘ Federal Law on Arbitration in Russia’); the Code of Commercial Procedure of the Russian Federation (the ‘ Code of Commercial Procedure’, or ‘ CCP’); and the Code of Civil Procedure of the Russian Federation (the ‘ Civil Procedural Code’, or ‘ CCiv P’). These sources are examined in detail below......
Checking a Will’s validity after death A practitioner is frequently asked to verify a Will once the testator has died: commonly when instructed by the executors to prepare the probate application and handle the estate administration, when representing an individual who may wish to contest the Will’s validity, or when assisting a beneficiary who simply wants confirmation of the Will’s effect (provided they hold a copy). Even if the client’s instructions do not expressly concern validity, the practitioner should always undertake this check at the outset of an estate administration. To determine whether a Will is valid, the practitioner should review the following: the physical condition of the Will the formal requirements under section 9 of the Wills Act 1837 the contents of the Will and the construction of clauses where wording is ambiguous or apparently incomplete ...
Scope and purpose of this Practice Note This Practice Note outlines the obligations contained in the Financial Conduct Authority’s ( FCA) Conduct of business sourcebook ( COBS) and signposts relevant materials. Firms authorised under the Financial Services and Markets Act 2000 ( FSMA 2000) that undertake ‘designated investment business’ or ‘long‑term insurance business’ in relation to ‘life policies’ must comply with a broad range of high‑level, day‑to‑day conduct standards set out in COBS, which the FCA consistently emphasises. The purpose of COBS is to protect clients and ensure they are treated fairly (see COBS 1.1.1R and 1.1.1AR). The FCA also seeks to ensure that clients can always make effective, well‑informed choices. Separate FCA sourcebooks address conduct of business for: mortgage and home finance business ( MCOB) insurance business ( ICOBS), and banking ( BCOBS) Alongside COBS and the Client Assets sourcebook ( CASS), these reside within the Business Standards block of the FCA...
For fuller analysis of regulation, consenting and incentivisation for the net zero energy transition under the law of England and Wales, see also Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook provides in‑depth discussion of issues addressed in this Practice Note. This Practice Note follows major developments and expected next steps in relation to the creation and operation of Great British Energy ( GB Energy). GB Energy is a company wholly owned by the government (operationally independent). Established by the Department of Energy Security and Net Zero ( DESNZ), it is intended to accelerate the roll‑out and deployment of clean energy across Great Britain. Do not confuse GB Energy with Great British Energy‑ Nuclear (previously Great British Nuclear, retitled on 10 June 2025). Although allied and publicly owned with a common mission, they are nonetheless distinct and separate...
ARCHIVED: This Practice Note is archived and no longer updated. This overview reviews the principal amendments to the Immigration Rules (the Rules) contained in HC 217 that matter to business advisers. The Statement of Changes appeared on 10 September 2024, accompanied by an Explanatory Memorandum ( EM). For help on interpreting a Statement of Changes to the Immigration Rules, see Practice Note: Sources of immigration law and their legal status. The headline development within the Statement is the expansion of the Electronic Travel Authorisation ( ETA) scheme, which sets out the final countries whose nationals must obtain an ETA before travelling to the UK. A new Appendix ETA National List will be created, with rollout dates for two further—and final—cohorts. The Statement also revises the EU Settlement Scheme ( EUSS), including clarification that the process for assessing ongoing eligibility in...
For fuller analysis of how the net zero shift is regulated, consented and incentivised in England and Wales, refer to Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That text explores, in detail, many of the themes addressed in this Practice Note. What is Great British Energy? Great British Energy ( GB Energy) is a UK government-owned company, created by the Department for Energy Security and Net Zero ( DESNZ) to speed up clean power deployment nationwide. It will participate across the value chain—investing in, producing, distributing, storing and supplying clean energy—to strengthen energy independence and security. Its remit spans emerging technologies including floating offshore wind, tidal generation, hydrogen and carbon capture, while also quickening the expansion of established solutions like wind, solar and nuclear. GB Energy is more than a funding platform; it will own, run and operate projects,...
ARCHIVED: This Practice Note has been archived and is not maintained. It set out the principal changes to the Criminal Procedure Rules 2020 ( Crim PR 2020), SI 2020/759, introduced by the Criminal Procedure ( Amendment No 2) Rules 2024, SI 2024/842, which take effect on 7 October 2024, unless stated otherwise. These measures include a wholesale rewrite of Part 9 on the allocation and sending of cases for trial in the Crown Court to support a new online written allocation and sending process, together with fresh rules on publishing information about cases dealt with under that written procedure. Additional amendments clarify the extent of information that court staff must provide to the public on request, and make provision for instances where information that would usually be supplied on request ought not be disclosed without a court order. The Crim PR 2020, SI...
Prepare the claim form The claimant completes the claim form ( Form N2), providing: the name of the deceased the name(s) of the claimant(s) the name(s) and address(es) of the defendant(s) a brief outline of the claim, including a statement describing the nature of the claimant’s interest and that of each defendant in the deceased’s estate the court fee whether the claim raises any issues under the Human Rights Act 1998 the particulars of claim set out or attached, or an indication that they will follow the statement of truth completed The statement of truth must be signed by the claimant, their litigation friend where the claimant is a child or a patient, or by the claimant’s legal representative. If the claim is for revocation of the grant, every person who is entitled, or who claims to be...
Spectrum, mobile network operators and mobile virtual network operators Spectrum (ie the range of wavelengths or frequencies across which electromagnetic radiation exists and extends) is the foundation of wireless communications, eg both mobile voice and data services and wi-fi services for users. A mobile network operator ( MNO) is ordinarily allocated particular spectrum bands in order to operate within the telecoms industry and thereby provide the network that allows customers to send and receive calls and texts and to access the internet. Yet spectrum is a limited resource, and questions can arise regarding its utilisation. Accordingly, spectrum licensing, assignment and management are regulated nationally and also at an EU level in practice today. A mobile virtual network operator ( MVNO) is a mobile communications service provider that contracts with an MNO so that the MNO supplies wholesale mobile electronic...
The inherent jurisdiction is the High Court’s power to issue declarations and orders to safeguard adults who retain capacity to make relevant choices yet are vulnerable and at risk due to the acts or omissions of others. It operates as a protective safety net. See Practice Note: Inherent jurisdiction of the High Court relating to vulnerable adults. Does the person qualify as a vulnerable adult? It is vital to determine whether the individual meets the definition of a vulnerable adult for the purposes of the inherent jurisdiction. As Munby J stated in Re SA, the court may act in relation to a vulnerable adult who, although not incapacitated by mental disorder or mental illness, is, or is reasonably believed to be, under constraint, subject to coercion or undue influence, or otherwise deprived of the capacity to make the relevant decision, or hindered from giving or...
Practice Note This Practice Note links to the RICS Code for leasing business premises, first edition, an RICS professional standard ( Lease Code 2020) that also includes pro forma heads of terms ( Appendix A) and a guide for landlords and tenants......
It is uncommon for the SRA to introduce rules that cap the fees law firms may charge. Nevertheless, under the Financial Guidance and Claims Act 2018 ( FGCA 2018), the SRA must set rules to prevent excessive fees for claims management work linked to financial products or services. The SRA has fulfilled this statutory duty through the SRA Claims Management Fees Rules (the Rules). The Rules also place detailed information obligations on regulated providers. The SRA has issued guidance on Claims management activity and Representing clients during claims for financial services or products. The Rules cover firms or individuals regulated by the SRA who deliver: relevant financial services claims management ( FSCM) activities; or activities that would be regulated FSCM activities but for the exclusion in article 89N of the Regulated Activities Order Relevant FSCM activities is a defined expression—see SRA glossary. The remainder of this...
Background to the Single Supervisory Mechanism In the wake of the 2008 financial crisis, heightened concern spread across the EU about threats to the stability of the single currency and the integrated market for banking services. To tackle these issues, strengthen financial stability and aid economic recovery, the EU has been building a European Banking Union, anchored in a single regulatory rulebook for financial services, to advance the integration of banking supervision across the EU. At its core sits the Single Supervisory Mechanism ( SSM), created by Council Regulation ( EU) 1024/2013 and complemented by the SSM Framework Regulation, Regulation ( EU) 468/2014. The SSM seeks to ensure that oversight of credit institutions is coherent and effective, and consistent with the functioning of the internal market for financial services and the free movement of...
Background to the Single Rulebook The European Council coined the term Single Rulebook in 2009, with the aim of creating a prudential regulatory framework applied consistently across the EU financial sector, thereby boosting coherence, transparency and efficiency. The objective was to remove regulatory gaps and help the Single Market function more effectively. Single Rulebook—core provisions The core provisions of the Single Rulebook are as follows, alongside their associated delegated and implementing acts, regulatory technical standards ( RTS), implementing technical standards ( ITS), guidelines and recommendations, and related Q& As: the Capital Requirements Regulation ( EU) 575/2013 ( EU CRR) and the Capital Requirements Directive 2013/36/ EU ( EU CRD IV)......
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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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