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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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These newcomer guide collections lead lawyers through the practical environmental considerations and key tasks arising across four deal types—share purchase, asset purchase, commercial property and leases. The guides span the complete timeline of each transaction, including the preliminary stage, the due diligence stage, the contract stage, and the post-completion stage. Environmental issues in transactions Buyers, sellers and funders may encounter significant environmental liability risks in corporate and banking deals. For instance, in a corporate share purchase, the buyer assumes any existing environmental liabilities of the target, including polluter liabilities at former sites and premises too. For more information, see subtopics: Banking and finance and environmental issues Corporate transactions and environmental issues, and Restructuring and insolvency transactions Environmental concerns can also surface in property transactions, as sellers that have ‘caused or......
What is the general levy for? The general levy on occupational and personal pension schemes exists to recover funding supplied by the Department for Work and Pensions ( DWP) for: the Pensions Regulator ( TPR) the Pensions Ombudsman the pensions-related activities of the Money and Pensions Service These bodies receive grant-in-aid from the DWP, which is then repaid via levy income. Put simply, the general levy meets the cost of running these organisations. The rate of the levy is set each year by the Secretary of State for Work and Pensions. The legal basis is the Occupational and Personal Pension Schemes ( General Levy) Regulations 2005, SI 2005/626. Timing of the levy payment The general levy falls due on 1 April each year and is payable for the financial year that starts on that day. It is collected by the Pensions...
This Practice Note is a practical guide to auditing and assessing your outsourced IT service delivery. Such a review may take place before entering a new IT outsourcing arrangement, or under an existing outsourcing agreement pursuant to benchmarking provisions. Background to the review of IT services Technology refresh is vital for boosting efficiency and staying competitive. Historically, organisations would complete a full IT refresh roughly every five to seven years (shorter in some sectors), with smaller, interim development initiatives between major refresh cycles. For further detail on legacy IT refresh, see Practice Note: Legacy IT systems. The long-standing appeal of IT outsourcing lies in reducing both financial outlay and staffing devoted to operating and enhancing IT operations and infrastructure, so those resources can be redirected to other strategic priorities. In addition, the emergence of new...
CASE HUB ARCHIVED —this case hub reflects the position at the date of the decision of 4 July 2025; it is no longer maintained. See further, timeline and commentary Case facts Outline An Article 101 TFEU inquiry by the European Commission into cartel behaviour involving a key pharmaceutical input ( N- Butylbromide Scopolamine/ Hyoscine). Latest development On 4 July 2025, the Commission adopted a second infringement decision, imposing a €489,000 penalty on Alchem. Alchem chose not to enter into a settlement with the Commission. Parties C2 PHARMA Transo- Pharm Linnea Alkaloids of Australia Alkaloids Corporation Boehringer Alchem Background Commission’s 2023 infringement decision The investigation commenced in April 2019 when C2 PHARMA submitted a leniency application under the Commission’s 2006 Leniency Notice. After inspections in September 2019, Transo- Pharm and Linnea subsequently filed applications seeking reductions in fines......
The FCA has, in recent years, acknowledged that weak culture — notably any acceptance of non-financial misconduct — frequently underpins serious conduct breaches across financial services. Consequently, the regulator has sharpened its oversight of non-financial misconduct when supervising firms and individuals. September 2023 saw consultation CP23/20, outlining measures to advance diversity and inclusion and proposing clarifications on how its rules apply to non-financial misconduct. In July 2025, the FCA issued the resulting policy statement alongside CP25/18, detailing its stance on non-financial misconduct. As part of that package, the Code of Conduct ( COCON) sourcebook was revised to introduce new non-financial misconduct rules for the sector. The scope of COCON was broadened to bring banks and non-banks into alignment on non-financial misconduct, confirming that for non-banks the rules capture serious bullying, harassment, violence and comparable behaviour directed at a colleague — defined to include fellow...
This Practice Note examines the form of the constitution of a private company limited by shares ( LTD), the commencement and application of the Companies Act 2014 ( Ireland) ( CA 2014 ( IRL)), the obligatory and supplemental provisions of the constitution, and the steps involved in adopting and amending a constitution. What is the constitution of a company? The constitution of an LTD is the central legal instrument that sets out the fundamental rules governing the corporate governance of that company. Under CA 2014 ( IRL), s 17, an LTD is required to have a constitution, as it is the principal document through which a company’s registration and incorporation are effected. Commencement of the CA 2014 ( IRL)—changes to the form and structure of the constitution of an LTD—transitional provisions Pursuant to CA 2014 ( IRL), Pt 2, an LTD must have a...
1. What is the applicable legislation? On 14 July 2023, Luxembourg enacted a law introducing a national mechanism to screen foreign direct investments that could endanger security or public order. The Law of 14 July 2023 took effect on 1 September 2023 and gives effect to Regulation ( EU) 2019/452 of the European Parliament and of the Council of 19 March 2019, which sets the framework for screening foreign direct investments across the European Union. This statute is complemented by the government decree of 28 July 2023, which sets out the membership and functioning of the interministerial investment screening committee ( Decree of 28 July 2023). From 1 September 2023, non- European investors are required to notify their planned investments in any Luxembourg entity carrying out activities in a critical sector within Luxembourg’s territory... 2. Which governmental or other body (or bodies) reviews foreign...
What is a designated activity company? The designated activity company ( DAC) is established under Part 16 of the Companies Act 2014 ( Ireland) ( CA 2014 ( IRL)) and is defined as either: a private company limited by shares whose capacity and powers extend solely to the activities specified in its constitution (memorandum of association) or a private company limited by guarantee with a share capital, whose capacity and powers are confined to the matters stated in its constitution CA 2014 ( IRL) introduced the DAC as a new company form. Like a limited liability company, a DAC is a distinct legal person, separate from its members. Ownership sits with members who hold shares in the company. The company alone is answerable for its obligations and may bring proceedings to enforce its own rights. Its directors manage the company in line with CA 2014 (...
This Practice Note This Practice Note outlines the legal framework for defective products under Council Directive 85/374/ EEC, known as the EU Product Liability Directive ( EU PLD), which fixes liability on producers where products are defective. It explores: the test for when a product is regarded as defective under the EU PLD which actors in the supply chain can be responsible, the extent of their responsibility, and any contributory negligence considerations the categories of recoverable damages and the range of defences open to a producer It reviews Court of Justice jurisprudence and evaluates reports assessing the effectiveness of the EU PLD. Be aware that on 18 November 2024, Directive ( EU) 2024/2853 on liability for defective products, repealing Council Directive 85/374/ EEC (the Revised EU PLD), was published in the OJEU. The Directive takes effect from 8 December 2024 and will repeal Directive 85/374/ EEC, the EU PLD, on 9...
ARCHIVED: This Practice Note is archived and no longer updated. It outlines key alterations to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), introduced by the Criminal Procedure ( Amendment No 2) Rules 2023, SI 2023/786, which commenced on 2 October 2023. The changes bring in new rules replacing earlier Practice Directions, and further provisions concerning the long‑standing requirement to state a defendant’s address publicly in court, the tests for granting an adjournment, audio recording in the Crown Court on applications for search warrants or investigation orders, and fixing a timetable for any video‑recorded witness cross‑examination and re‑examination. Additional revisions update the rules on displaying information in court buildings about forthcoming cases, the single justice procedure, access to information from court records, and the citation of commonly referenced authorities in the Court of Appeal. Further...
This Practice Note has been prepared in collaboration with Laure- Hélène Gaicio- Fievez, Fabio Trevisan, Javier Garcia- Olmedo, and Francesca Mastragostino of BSP, Luxembourg. Note: the Luxembourg cases cited below are not all reported by Lexis+® UK. The notion of state immunity in Luxembourg: general principles The maxim ‘par in parem non habet imperium’ signifies that one sovereign cannot exercise authority over another. This foundation supports the doctrines of sovereign immunity and the act of state, ensuring foreign states are shielded from proceedings before courts of other jurisdictions. State immunity comprises two elements: immunity from jurisdiction immunity of execution Immunity from jurisdiction—enjoyed by all states and their emanations—permits the beneficiary to block a court from adjudicating a claim against it. This immunity impacts not only the competence of the forum seised but also the claimant’s entitlement to bring proceedings. In practice, it denies the...
This Practice Note explores workers’ entitlements when they undergo fertility treatment, covering the range of treatments on offer (such as in vitro fertilisation ( IVF), intrauterine insemination ( IUI), medication and surgical options), how employers should handle time-off requests, when the protected period begins for pregnancy-related rights, safeguards against discrimination, considerations for introducing a workplace policy, and the most up-to-date guidance and current case law. It is crucial for employers to recognise the issues that arise for employees going through fertility treatment. The World Health Organisation reports that one in six people globally experience infertility. Fertility Network UK estimates that 3.5 million people in the UK face fertility challenges and recent surveys indicate that staff feel workplace support is insufficient. For example: The 2023 Workplace Infertility Stigma Survey by Fertility Family found three in four respondents felt their employer did not foster an open...
This Practice Note explores the law of maintenance and champerty and its impact on third party litigation funding in Ireland. It outlines the stance of the Irish courts, the recognised exceptions, and recent developments concerning third‑party funding. For general guidance on litigation costs, see Practice Note: Ireland— Legal costs in civil proceedings... The rules against maintenance and champerty Third party litigation funding arises where an unrelated party (with no prior link to the dispute) agrees to pay all or part of the legal expenses in return for a share of any award or settlement obtained. Such funding has long been unlawful in Ireland under the Maintenance and Embracery Act 1634 ( UK), preserved by the Statute Law Revision Act 2007 ( Ireland), which prohibits maintenance and champerty and continues to have effect. Maintenance involves supporting litigation by strangers who lack a legitimate interest....
This Practice Note offers a broad, general overview of data protection law in Ireland, setting out its key concepts and provisions. Irish data protection rules are chiefly driven by the application of the EU General Data Protection Regulation ( Regulation ( EU) 2016/679) ( EU GDPR), and there are also separate, more detailed Practice Notes that advise on particular aspects of data protection at an EU level. This Practice Note summarises the most significant of those aspects and clearly sets them within an Irish regulatory context. Ireland is a notable forum for data protection analysis today, as many major personal‑data‑rich businesses, including large social media platforms and digital service providers, have their European headquarters in Ireland. Introduction to data protection law and its purpose Data protection law is generally designed to ensure that information about living individuals (within the meaning of ‘personal data’) is handled...
This Practice Note examines the law on the use of cookies and similar technologies in Ireland It addresses the following: types of cookies and comparable tracking technologies SI No 336/2011 European Communities ( Electronic Communications Networks and Services) ( Privacy and Electronic Communications) Regulations 2011 ( Ireland) SI No 336/2011 ( IRL) (the e Privacy Regulations ( IRL)) and cookies responsibility for compliance consent clear and comprehensive information exemptions Regulation ( EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and on the free movement of such data, and repealing Directive 95/46/ EC ( General Data Protection Regulation) ( EU GDPR) and cookies territorial scope intranets sanctions and enforcement cookie audits reform ...
This Practice Note explains how the English courts approach issues of foreign law. It covers a broad range of matters, including construing overseas legislation and case law, handling conflicting or uncontradicted evidence, and the differing routes where foreign law is: not pleaded; pleaded with evidence adduced; pleaded without evidence adduced; or supported by inadequate material. It also considers when the court may depart from the evidence, the effect of public policy, and the operation of mandatory English law. For further aspects of foreign law, see Practice Note: Foreign law—a guide for dispute resolution practitioners. Role of the court In relation to foreign law, the court’s function is to decide some or all of the following: Which law—foreign or English—should govern, by applying conflict of laws principles where the parties have not agreed a governing law The ambit of foreign law evidence and whether...
This ‘how to’ toolkit sets out how to remove trespassers from property using possession proceedings. It signposts key materials— Practice Notes, Precedents and Checklists. For wider guidance on trespass, see Practice Notes: Trespass—claims and defences, Trespassers—possession proceedings, and Trespass—remedies. The guide outlines the process to recover possession from people who entered as trespassers (also called squatters), or who remain on land without the consent of the person entitled to possession, by issuing proceedings under CPR 55. It does not cover claims against a tenant or sub-tenant, whether or not their tenancy has ended—see Practice Note: Possession proceedings. Nor does this Practice Note address possession of private residential tenancies or business tenancies; for that, see: Private sector tenancies—overview and Social sector tenancies—overview and Practice Notes: Terminating assured and assured shorthold tenancies—pre- Renters' Rights Act position and LTA 1954 business lease...
For arbitration proceedings seated in the Sultanate of Oman (‘ Oman’), the Oman Arbitration Act ( Royal Decree No. 47 of 1997, as amended), which took effect on 28 June 1997 and was revised in 2007, serves as the lex arbitri. Modelled on the UNCITRAL Model Law, the Oman Arbitration Act is further complemented by the Civil Procedure Law ( Royal Decree No. 29 of 2002) and by Oman’s adoption of the New York Convention ( Royal Decree No. 36 of 1998). As a general rule, sovereign immunity is not a recognised doctrine in Oman. Nevertheless, Omani legislation provides particular statutory safeguards restricting relief sought under administrative contracts and limiting attachment over state-owned property to protect the public interest in such circumstances. State immunity in Oman Under Omani law, state immunity is constrained. For instance, there is no overarching principle declaring that...
This Practice Note considers IP issues specifically in relation to fintech. It addresses fintech and intangible assets, fintech IP strategy, copyright, open source software, brand protection, trade secrets, the impact of artificial intelligence ( AI), and practical steps. Fintech refers to technology applied to financial services and can encompass, for instance: software for electronic payments using conventional currency, such as software implementing protocols for atomicity, consistency, isolation and durability ( ACID) transactions (with ‘ ACID’ describing a set of transaction properties) software facilitating transactions via a blockchain distributed ledger quantum hardware and software enabling ‘quantum money’ trained machine learning systems for automated lending decisions for consumers or businesses trained machine learning systems supporting pension fund management software driving automated trading of securities and/or derivatives software a business uses to automate price setting of its goods or services in...
This February 2023 round-up highlights the yearly changes to merger control thresholds in Argentina, Canada and the Philippines, alongside the South Korean Competition Authority’s consultation on a draft bill to accelerate merger reviews. Argentina—annual revision to notification thresholds Argentina’s notification thresholds have been updated following the annual uplift in the value of adjustable units (the index applied to set these thresholds). Under the higher bars, a deal must be notified in Argentina when the parties’ combined Argentinian turnover exceeds ARS 16.255m (approximately €118.6m/ US$124.9m), up from ARS 8.345m, unless: the total value of the assets transferred in Argentina does not exceed ARS 3.251m (approximately €23.7m/ US$24.9m); the total consideration for the transaction in Argentina does not exceed ARS 3.251m (approximately €23.7m/ US$24.9m); and the acquirer’s group has not completed any other transaction in the same market in the previous 12 or 36 months...
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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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