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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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The table below monitors and summarises every appeal presently before the General Court concerning the EU’s Digital Markets Act ( DMA) (ie actions seeking annulment of Commission decisions). For information on the DMA’s passage through the ordinary legislative procedure, see the EU Digital Markets Act—progress tracker. Ongoing cases Case T-357/24 Opera Norway v Commission — Challenge to the Commission decision in Case DMA.100028 for not designating Microsoft as a gatekeeper under Article 2 of the DMA in relation to its web browser platform service, Edge Hearing held—22/10/2025 Lodged—11/07/2024 Case T-214/24 Apple and Apple Distribution International v Commission — Appeal against the Commission decision in Case DMA.10022 determining that i Messge is a...
This Practice Note reviews the court’s jurisdiction when dealing with consumer contracts, as prescribed in Articles 17–19 of Regulation ( EU) 1215/2012, Brussels I (recast), which forms part of section 4 of the regulation. That section affords additional safeguards to consumers, recognising that they are viewed as the weaker party in a dispute. As a default, a consumer may bring proceedings as claimant in the EU Member State in which they are domiciled, even if the defendant is domiciled elsewhere. Care is required regarding the definition of ‘consumer’ and the potential difficulties that can emerge when deciding how the provisions should be applied in practice. Overview of the consumer provisions This Practice Note sets out the relevant issues when considering jurisdiction in relation to consumer contracts under Brussels I (recast)......
What is clearing of derivatives? Clearing is the mechanism that removes the usual danger that one side of a derivatives deal fails to perform (counterparty risk). The key participants in the clearing process are: a specialist financial institution called a clearing house; and other financial institutions—typically banks or brokers—that sign a clearing agreement with the clearing house; these are its clearing members, also referred to as clearing firms In cleared transactions: every trade is executed by clearing members, either for their proprietary books or on behalf of clients; and the clearing house inserts itself between the clearing members to each deal, becoming counterparty to both sides—so each participant bears the clearing house’s credit risk, not that of the opposite side Clearing members therefore need not concern themselves with who their clearing member opposite numbers are, or their credit quality, but only with the...
This Practice Note is confined to arbitrations conducted under the CIETAC Arbitration Rules 2024 (the CIETAC Rules). Those Rules govern cases accepted by CIETAC on or after 1 January 2024, or where the parties have expressly chosen to use the CIETAC Arbitration Rules 2024 ( CIETAC, art 88). The 2015 rules continue to apply to matters accepted by CIETAC from 1 January 2015 up to 31 December 2023. This Practice Note addresses international or foreign-related disputes, and those linked to Hong Kong SAR, Macao SAR, or the Taiwan region ( CIETAC, art 3). CIETAC provides distinct rules for summary arbitration (see Practice Note: CIETAC (2024)—summary procedure (and early dismissal)) and for domestic arbitration; these fall outside the scope of this Practice Note. Arbitrations administered by the CIETAC Hong Kong Arbitration Centre are likewise governed by separate provisions ( CIETAC, art 73) and are not...
Nuclear energy in the EU As at September 2023, 12 of the 27 EU Member States ( Belgium, Bulgaria, Czechia, Finland, France, Hungary, Netherlands, Romania, Slovakia, Slovenia, Spain and Sweden) operate nuclear power stations on their soil, while Germany shut its last reactors in April 2023. Nuclear power usage fell by 16.7% between 2021 and 2022, yet it still supplied over a fifth (21.8%) of the EU’s total electricity generation in 2022. Nuclear safety is treated as a priority at EU level, due to the potential for cross-border consequences should a nuclear accident occur. This Practice Note introduces the Treaty establishing the European Atomic Energy Community (the Euratom Treaty), which provides the foundation for EU-wide nuclear rules and standards, and sets out principal EU legislation pertinent to the nuclear industry. It addresses rules on nuclear safeguards, installation safety and licensing, protection of human health and the...
This Practice Note sets out information and practical guidance on the EU rules for non-performing loans ( NPLs), which create obligations when selling, buying or delivering credit services relating to NPLs. It provides: an overview of the regime, including why it was introduced and the dates from which it applies details of sellers’ obligations, identifying which entities are in scope and the information that must be supplied details of purchasers’ obligations an outline of the requirements placed on credit servicers The Practice Note also points out areas where the rules are uncertain. Terms shown in italics in this Practice Note are defined in the NPL Directive and explained further below. There is no equivalent legislation in the UK at present. However, the EU rules affect non‑ EU purchasers of NPLs, so they will impact the loan market and market...
Practice Note This Practice Note sets out the Financial Conduct Authority’s ( FCA) principal priorities for supervising and enforcing adherence to the UK’s anti-money laundering ( AML) and counter-terrorist financing ( CTF) framework. It is applicable to financial services firms authorised under the Financial Services and Markets Act 2000; payment and e-money firms; cryptoasset businesses (such as exchanges and custodian wallet providers); and Annex 1 financial institutions that must register with the FCA under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLRs). It covers: the FCA’s function in AML/ CTF priority areas of supervisory focus, including de-risking and the treatment of domestic politically exposed persons ( PEPs) priority sectors for AML/ CTF oversight, including cryptoassets, Annex 1 financial institutions, payment and e-money firms, and challenger banks ...
This Practice Note sets out practical guidance on the health certification rules for importing into the UK medium-risk animal products, specified plants and plant products, composite products, and high-risk food and feed of non‑animal origin shipped from the EU as from 31 January 2024. Introduction Following the UK’s departure from the EU customs union in 2020, the UK was required to create its own border arrangements for goods arriving from the EU, with this obligation commencing on 1 January 2021. From that date, UK goods entering the EU faced full EU border checks. The UK, however, did not apply any border controls to EU imports until 1 January 2022. For guidance on the measures introduced at that point, see Practice Note: New UK border control with the EU as from 1 January 2022. The UK aimed to introduce EU border controls in phases, giving UK...
Sections 191–218 of the Levelling-up and Regeneration Act 2023 ( LURA 2023) ( Part 10) set out powers allowing local authorities ( LAs) to run rental auctions for empty high street and town centre premises and then grant lettings without the consent of the owner (landlord), any superior landlord, or a mortgagee. The scope of Part 10 is limited to England. These provisions took effect on 2 December 2024 and are supported by the Local Authorities ( Rental Auctions) ( England) and Town and Country Planning ( General Permitted Development) ( Amendment) Regulations 2024, SI 2024/1139 ( LA( RA) 2024 Regs). The Ministry of Housing, Communities and Local Government ( MHCLG) has issued non-statutory Guidance on high street rental auctions ( Guidance), which provides a handy flowchart of the process from start to finish and template forms, letters, tenancy contract and...
CASE HUB NOTE—appeals lodged before the General Court in Cases T- 274/25, T- 320/25, and T- 522/25 ARCHIVED—this archived case hub records the position as at the decision of 3 July 2024; it is no longer maintained. See further, timeline. Case facts Outline European Commission merger review concerning the proposed acquisition of joint control over ITA Airways by Deutsche Lufthansa AG and the Italian Ministry of Economy and Finance ( M.11071). The deal entails horizontal overlaps in the supply of passenger air transport services. Latest developments On 3 July 2024, the Commission approved the transaction subject to commitments. It accepted a remedies package offered by the parties to resolve the Commission’s competition concerns. Parties Deutsche Lufthansa AG ( Lufthansa) — Based in Germany, Lufthansa is a worldwide full-service airline operating domestic and international passenger and cargo services. It runs a hub-and-spoke network centred on Frankfurt, Munich, Zurich, Vienna and...
This Practice Note outlines the requirements and procedural steps for European patent applications at the European Patent Office ( EPO), covering EPO post‑grant opposition and limitation procedures. It further explains that, once a European patent is granted, the proprietor may lodge a ‘request for unitary effect’ with the EPO to obtain a unitary patent. European patents There are two types of European patents: European bundle patents—often called ‘classic’ or ‘traditional’ European patents, or simply European patents or EPs for short, and European patents with unitary effect—commonly known as unitary patents European bundle patents The European Patent Convention ( EPC) created a single route for securing patents in multiple countries from one patent application. The EPC is applied by the EPO, which serves as the executive arm of the European Patent Organisation, an international organisation with 39 member states, including all 27 EU Member States plus certain non‑ EU members such as the UK,...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 17 January 2024; it is no longer maintained. See further, timeline and commentary. Case facts Outline Appeal from the single judgment of the CAT and High Court dated 8 February 2023, which upheld a challenge to CMA information notices requiring BMW and VW (both foreign‑domiciled with no UK presence) to respond to requests for information under s26 CA 1998 concerning an alleged cartel. Latest development On 17 January 2024, the Court of Appeal delivered its decision allowing the CMA’s appeal, holding that the CMA may compel overseas companies to supply documents and information when investigating suspected anti‑competitive conduct. Parties Appellant: Competition and Markets Authority ( CMA) Respondent: Volkswagen Aktiengesellschaft ( VW) Bayerische Motoren Werke AG ( BMW) VW AG and BMW AG are incorporated in Germany and have no UK branch or...
Overview This Practice Note examines core considerations in Saa S and hardware/software maintenance SLAs. It centres on availability (uptime) and break/fix fault resolution, and covers: scoping and defining the service levels absolute versus endeavours obligations customer responsibilities exclusions service credits termination rights It also flags common drafting and negotiation issues shaped by the service model (eg supplier‑hosted Saa S or a customer’s on‑premise system). It should be read alongside these Precedents: Service Level Agreement ( Availability (uptime) service level for Saa S) Service Level Agreement (hardware/software fault resolution support services) Where SLAs are required for other categories of service levels, much of the approach remains consistent—particularly around absolute versus endeavours commitments, service credits and termination rights. The general Precedent: Service level agreement provides a suitable...
ARCHIVED This Practice Note is archived and is no longer maintained. This tracker outlines the latest position and recent updates in significant cases of interest to corporate practitioners where judgment was delivered, or expected, in 2024. It covers notable matters before the High Court, Court of Appeal and the Supreme Court, and is not intended to be a complete catalogue of hearings in 2024. For this tracker, CA 2006 denotes the Companies Act 2006 and FSMA 2000 denotes the Financial Services and Markets Act 2000... December 2024 Case details and analysis Subject A and B v The Registrar of Companies ( Re Prudencia LLP) [2024] EWHC 3255 ( Ch) High Court LLP— Restoration Summary The High Court assessed whether an LLP should be reinstated to the Register of Companies under section 1029 of the CA 2006 despite having no current members. The court concluded that,...
This Practice Note examines the background and real-world effects of the duties to evaluate the level of protection afforded to data subjects and to apply suitable supplementary measures, when carrying out a restricted cross-border transfer of personal data under Article 46 of Regulation ( EU) 2016/679, the EU’s General Data Protection Regulation ( EU GDPR). It proceeds on the basis that readers are already conversant with central data protection notions and terminology, including ‘processing’, ‘personal data’, ‘controller’/‘processor’ and ‘data subject’, together with the functions of key supervisory organisations and the EU GDPR’s international transfer framework. For an overview of EU data protection law and core terminology, see these Practice Notes: Key definitions under EU data protection law The EU’s General Data Protection Regulation ( EU GDPR) EU GDPR—transfers of personal data internationally and to international...
Article 17(1) TEU entrusts the European Commission with overseeing Member States’ adherence to EU law. The Commission’s chief enforcement mechanism is the general EU infringement procedure, comprising two distinct routes laid down in Articles 258 and 260 TFEU, each with its own subject matter. Article 258 TFEU seeks a declaration that a Member State’s conduct breaches EU law and that such conduct will cease. Article 260 TFEU seeks to spur a defaulting Member State to comply with a judgment confirming a failure to fulfil obligations—i.e. recurrent infringements—and has a much narrower scope than Article 258 TFEU (see P Sweden v API and Commission). This framework therefore distinguishes between ‘first order compliance’ with Treaty obligations and ‘second order compliance’ with judgments of the Treaty regime’s dispute settlement body. The complaint to the European...
This Practice Note sets out the obligations under Regulation ( EU) 2023/956 of 10 May 2023, which creates the EU’s carbon border adjustment mechanism (the EU CBAM Regulation), as they will apply during the definitive CBAM phase from 1 January 2026 onwards. For further information on the EU CBAM’s transitional phase (which ran from 1 October 2023 to 31 December 2025), please refer to the Practice Note: EU carbon border adjustment mechanism ( EU CBAM)—transitional period (2023 to 2025) for more detail. Objectives of the EU CBAM Regulation ( EU) 2023/956, establishing a carbon border adjustment mechanism (the EU CBAM Regulation), was published in the Official Journal of the EU on 16 May 2023. Under Article 1, its overarching purpose is to address greenhouse gas emissions embedded in in-scope products upon their import into the EU. It does this by levying an...
The EU’s external responsibilities are determined according to whether authority is granted to the EU or to the Member States. These responsibilities fall into two categories: exclusive — exercised solely by the Union (for instance, the common agricultural policy); or shared — exercisable either by the Union or by Member States, for example in relation to transport policy. The boundary has been defined by the case law of the Court of Justice of the European Union and is founded on the doctrine of implied powers, under which external competence flows from the presence of explicit internal competence held within the Treaties. This case law is reflected in Article 216 TFEU, which provides that the Union is competent to conclude an agreement where: the EU Treaties contain such a provision; concluding an agreement is necessary to attain one of the aims set out in the...
This Practice Note examines data, privacy and cybersecurity matters linked to the deployment of autonomous and connected vehicle technology, including: The technology Declaration of Amsterdam Cooperative Intelligent Transport Systems ( C- ITS) EU General Data Protection Regulation e Privacy Directive Cybersecurity Data accessibility Liability EU AI Act e Call Data preservation and data production in the context of criminal proceedings International Practical issues For further coverage of other principal legal questions related to this technology, see Practice Note: Automated vehicles—key legal issues in the EU, and for a timeline and headline information, see Practice Note: EU automated vehicles—tracker. To monitor UK developments, see Practice Notes: Autonomous vehicles—key legal issues, Autonomous and connected vehicles—data protection and privacy issues, and UK automated...
The EU’s General Data Protection Regulation ( Regulation ( EU) 2016/679) took direct effect and became fully enforceable across EU Member States on 25 May 2018. As the EU GDPR has been incorporated into the EEA Agreement and applies in every EEA country, references within it to EU Member States can generally be read as also covering EEA members. Enforcement under the EU GDPR has largely centred on elevating sanctions for breaches, with the expectation that tougher penalty provisions—particularly the higher administrative fines of up to the greater of 4% of worldwide annual turnover or €20m—will encourage stronger compliance. The Regulation also established the European Data Protection Board ( EDPB) to promote a more uniform interpretation of the EU GDPR and the penalties issued under it. This Practice Note examines: the approach to sanctions and enforcement under the EU GDPR, including the role of the lead...
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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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