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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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At a convening hearing held in May 2024, Project Verona Limited sought approval for a Part 26A restructuring plan ( RP). The principal points, in brief, are outlined in the summary below (capitalised terms not explained here have the meanings given in the convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. Name of plan company Project Verona Limited (the Company), a wholly owned subsidiary within a wider group (the Group) led by Tasty Plc, is the plan company. Industry sector Restaurants sector. Place of debtor’s incorporation and jurisdictional factors England & Wales jurisdiction. The Company executed a deed poll under which it accepted responsibility for certain liabilities owed by the Group......
Although every litigation funding agreement ( LFA) and the papers that sit alongside it differ by funder and the nuances of the dispute being financed, certain core points must still be tackled through the various stages of negotiation, in any event. This Practice Note forms part of a concise series by Tanya Lansky and Tets Ishikawa, Managing Directors at Lion Fish Group Ltd, intended to equip those involved in the negotiation and assessment of LFAs and related documents with clearer insight into the key considerations. Co-funding As the market has matured and inflation has pushed up funding budgets, it is now far more commonplace for funders to spread the investment exposure in any given case with one or more peers. Some funders agree to the full LFA and later novate or dispose of sub-participation interests over a portion of their exposure to other funders or...
ARCHIVED: This Practice Note is archived and not maintained This Practice Note covers the Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025. Kept for historical interest, it traces the legislation’s journey from draft release, through Parliament, to enactment. It also summarises the principal provisions and signposts key milestones and documents, including any published amendments, relevant to its progress. The tracker is divided into: Progress of FA 2025 FA 2025—measure by measure For overviews of the draft Finance Bill 2025, see News Analysis: Legislation Day: Draft Finance Bill 2025— Tax analysis and News Analysis: Publication of Finance Bill 2025. For details of measures announced in the Autumn Budget 2024 on 30 October 2024, see News Analysis: Autumn Budget 2024— Tax analysis. For comprehensive monitoring of the consultations referenced, see: Tax—consultation and legislation...
This Practice Note It sets out a high-level comparison of the alternative procedural mechanisms available to claimants bringing civil group claims in England and Wales, outlining the principal routes. adding multiple parties to a single claim form; pursuing a sample or chosen set of lead claims; applying for the claims to be managed through a group litigation order ( GLO) under CPR 19; or proceeding by way of a representative claim pursuant to CPR 19 where the individuals share the ‘same interest’ in a claim. It goes on to examine the principal distinctions between issuing one claim form for many parties (a ‘joint claim’) and managing multi-party litigation under a GLO under CPR 19......
This Practice Note signposts core family precedents on Lexis+® UK, spanning precedents with drafting notes and the standard orders produced under the standard orders project. It also lists Lexis+® UK client guides—template letters for numerous family law matters—for practitioners to send to clients. For key financial provision precedents in Lexis+® UK, refer to Practice Note: Fast find key family financial provision precedents. For the collection of standard orders issued by Mr Justice Peel (lead judge for standard orders) with the President of the Family Division’s authority, see Practice Note: Index of family standard orders. Pre-action At the outset of a new matter, you may use the following client questionnaire and retainer letter: Client questionnaire/instruction sheet BFLS 1E [21002] Client care/retainer letter BFLS 1E [21004] Relationship breakdown precedents (post- DDSA) The precedent letters below can be sent to clients to outline the stages of divorce where the...
Sections 45 and 46 of the Criminal Finances Act 2017 ( CFA 2017) set out two distinct offences: failing to prevent the criminal facilitation of a UK tax evasion offence (the UK tax evasion offence) and failing to prevent the criminal facilitation of a foreign tax evasion offence (the foreign tax evasion offence). Both are strict liability offences, in respect of which a ‘reasonable procedures’ defence applies......
CASE HUB ARCHIVED This case hub reflects the position as at the decision date of 12 September 2025 and is no longer maintained. See further: timeline and related cases. Case facts Outline CASE HUB— European Commission Article 102 TFEU investigation into whether Microsoft abused a dominant position by tying Teams to core Saa S productivity applications within its business suites Office 365 and Microsoft 365 ( AT.40721 and AT.40873). Latest development On 12 September 2025 the Commission accepted commitments from Microsoft and accordingly closed its investigation. Parties Microsoft: A US-based global technology company offering productivity and business software, cloud computing, and personal computing. Background First complaint and launch of Commission’s first investigation On 27 July 2023, the Commission opened its first formal investigation following a complaint by Slack Technologies Inc (now owned by Salesforce, Inc). Microsoft’s changes to Teams After the launch of the first formal investigation, Microsoft revised its...
This toolkit It consolidates various materials and papers linked to the pre-application requirements in family proceedings and the obligation to consider non-court dispute resolution ( NCDR). It provides directions to provisions within the Family Procedure Rules 2010 ( FPR 2010) and to the pre-application protocols that the court expects parties to follow before issuing private law proceedings concerning children under the Children Act 1989, as well as financial proceedings. It further points to Lexis+® UK Practice Notes, precedents, forms and cases designed to support practitioners when evaluating NCDR. To encourage increased mediation information and assessment meeting ( MIAM) attendance and to promote earlier resolution of private law proceedings relating to children and financial remedy proceedings, FPR 2010, SI 2010/2955, Pt 3, together with FPR 2010, PD 3A, were amended by the Family Procedure ( Amendment No 2) Rules 2023, SI 2023/1324 and by the sixth...
CASE HUB Find more, chronology and commentary Case details Overview Commission Article 101 TFEU inquiry into the consumer fragrance sector ( AT.40882). Latest update On 24 June 2024, the European Commission levied penalties amounting to €15.9m on IFF for obstructing a dawn raid in 2023. The Commission concluded that, during the inspection, a senior IFF employee deliberately erased Whats App......
This Practice Note examines the non-statutory bars to extradition, including abuse of process, human rights concerns, and arguments about time served. For information on the statutory bars to extradition, see Practice Note: Statutory bars to extradition. For further reading on the procedure that applies under the Extradition Act 2003 ( EA 2003), see Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure. Abuse of process The court has jurisdiction to decide whether extradition should be refused because its processes have been abused. This bar is not set out in the EA 2003; it has been developed by case law. The abuse of process argument is a free‑standing ground of challenge, to be considered only after any statutory bars or human rights issues. The default position is that the requesting state is taken to have acted in good faith, so the person sought must...
Out of court disposals Out of court disposals ( OOCDs) is the term for a range of pre-charge sanctions deployed by the police and other enforcement agencies to deal with low-level, and frequently first-time, offending. At present, there are six OOCD options: simple cautions, conditional cautions, cannabis and khat warnings, community resolutions and penalty notices for disorderly behaviour. See Practice Note: Alternatives to prosecution for adults. While OOCDs remain a valuable mechanism for addressing minor offences without recourse to the courts, a 2013/2014 government consultation recognised the need for reform. It concluded, among other things, that the existing OOCD system is unnecessarily complex and fails to deliver meaningful consequences for offenders or to reduce reoffending. Feedback further highlighted that the scheme has become unwieldy and is applied inconsistently between different police forces. The Police, Crime, Sentencing and Courts Act 2022 ( PCSCA 2022) will...
CASE HUB See further, timeline. Case facts Outline A national reference from the Netherlands asks whether broad and narrow parity clauses qualify as an ancillary restraint for the purposes of Article 101(1) TFEU. It seeks clarification from the referring court on that issue. Latest developments On 6 June 2024, Advocate General Collins delivered his opinion, suggesting that Article 101(1) TFEU should be read as indicating that wide and narrow price parity obligations an online travel agent ( OTA) seeks to place on hotels through its terms of business are not ancillary restraints, unless they are necessary and proportionate to preserve the OTA’s economic viability; that inquiry is for the referring court, without prejudice to any assessment under Article 101(3)...
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 main objective is to set a common framework to advance the use of energy from renewable sources. Directive ( EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, concerning the promotion of renewable energy and amending RED II, Regulation ( EU) 2018/1999 (the Governance Regulation) and Directive 98/70/ EC, appeared in the Official Journal on 31 October 2023 and came into force on 20 November 2023. The transposition deadline is 21 May 2025, save for the following items which had to be enacted in national law by 1 July 2024: the new Article 15(e) of Directive ( EU) 2018/2001 (covering the designation of dedicated...
RED II—overview The recast Renewable Energy Directive ( Directive ( EU) 2018/2001, RED II) took effect on 24 December 2018, with a transposition deadline of 30 June 2021. Its principal aim is to set a common framework to support the promotion of energy derived from renewable sources. Directive ( EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023, concerning 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. It set a transposition deadline of 21 May 2025, except for the following, which had to be transposed into national legislation by 1 July 2024: the new Article 15(e) of Directive ( EU) 2018/2001 (covering the designation of dedicated...
RED II—overview The recast Renewable Energy Directive ( Directive ( EU) 2018/2001, RED II) took effect on 24 December 2018, with a transposition deadline of 30 June 2021. Its core purpose is to create a shared framework to advance energy from renewable sources. Directive ( EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 on promoting energy from renewable sources, which amends 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. It set a transposition deadline of 21 May 2025, save for the following elements, which had to be implemented in national law by 1 July 2024: the new Article 15(e) of Directive ( EU) 2018/2001 (designating dedicated infrastructure areas), and the new Articles 16, 16b, 16c, 16d,...
This Practice Note outlines passporting entitlements and related notification obligations for credit intermediaries under the Mortgage Credit Directive ( Directive 2014/17/ EU) ( MCD) in the setting of cross-border activity across the EU/ EEA. It explains the MCD framework governing the freedom to provide services and the freedom of establishment, alongside the connected notification, supervisory and enforcement arrangements. References to ‘ Member State’ are to EU Member States and, where appropriate, EEA States that have implemented the MCD. Key points are as follows: The MCD ( Directive 2014/17/ EU) creates an EU/ EEA regime for regulating and supervising creditors and credit intermediaries in respect of certain consumer mortgage credit agreements, covering authorisation, conduct of business and consumer information duties. Subject to exceptions, the MCD applies to credit agreements (i) secured by a mortgage (or equivalent security) on residential immovable property (or a...
This Practice Note sets out guidance and practical advice for Claimants submitting a claim on pinq DR’s online platform. It should be read alongside the pinq DR Rules. References to Articles are to Articles of the Rules. Capitalised terms carry the meanings given to them in the Rules. Who are these guidance notes for? These notes are intended for Claimants bringing a claim on pinq DR. Some of the core processes described are also relevant to Respondents. ‘ Claimants’ are any Representatives of companies pursuing a claim on pinq DR. This typically includes in-house counsel, management, and any external Representatives such as external counsel and administrative support. Key principles Speed — pinq DR arbitration operates under strict time limits. The whole process must be completed within eight weeks of Commencement. Proactivity — pinq DR Arbitrators and the parties must be more proactive than is usual in...
This toolkit provides an overview This toolkit collates a comprehensive range of practical materials and guidance linked to the various Hague Conventions administered by the Hague Conference on Private International Law ( HCCH), tailored for family practitioners. It sets out resources on the Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) and the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (the 2007 Hague Convention) concerning the reciprocal enforcement of family maintenance between contracting states, alongside details of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters (the Hague Service Convention 1965), which addresses service of documents in family proceedings beyond the jurisdiction of England and Wales. In addition, it covers the...
For further general information on share incentive plans ( SIPs), see Practice Note: What is a share incentive plan? For more background on save as you earn ( SAYE) schemes, see Practice Note: How SAYE schemes work and key features. Legislation governing SIPs and SAYE schemes—self-certification, registration and filing requirements The statutory framework for SIPs and SAYE schemes is set out in separate schedules to the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003), with ITEPA 2003, Sch 2 applying to SIPs and ITEPA 2003, Sch 3 applying to SAYE schemes. Throughout this Practice Note, these are referred to as ‘ Schedule 2’ or ‘ Schedule 3’, as relevant—or as ‘the applicable schedule of ITEPA 2003’. The rules governing self-certification, registration and filing for SIPs and SAYE are located in: ITEPA 2003, Sch 2 Pt 10, paras 81A–81K, for SIPs, and ITEPA 2003, Sch 3 Pt...
STOP PRESS: On 20 June 2025, the Commission signalled plans to pull its proposal for the EU Green Claims Directive, leading the Council of the EU to call off trilogue talks with the European Parliament that were due to start on 23 June 2025. The Commission has since softened this stance, indicating the move remains open to discussion with the Council and Parliament, including potential exemptions for microenterprises. This Practice Note will be revised in due course, pending any additional statement or confirmation from the Commission. Greenwashing and misleading environmental claims—introduction Amid the triple planetary crisis—namely the overlapping emergencies of climate change, pollution and biodiversity loss—shoppers are ever more alert to the environmental footprint of the goods and services they purchase. Businesses therefore have reason to highlight their green credentials. When environmental assertions create a false or deceptive picture of a product’s real...
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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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