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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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This Practice Note summarises calculators available to assist family lawyers, including the following: child maintenance calculator state pension calculator legal aid calculator retail price index ( RPI) calculator consumer price index ( CPI) calculator life expectancy calculator interest on judgment debt calculator Duxbury tables Child maintenance calculator The GOV. UK Child maintenance calculator can be used to calculate the amount of child maintenance payable for children. For further guidance, see Practice Notes: Child support—respective jurisdictions of the Child Maintenance Service and the court and Statutory child support scheme. CPI calculator The Lexis®Calculate CPI calculator is helpful for assessing the impact of inflation—for example on periodical payments—where indexation is tied to CPI. For further guidance see Practice Note: At a Glance 2025–2026. In the 2023–2024 edition of At a Glance, table 6, the CPI table, replaced......
CASE HUB ARCHIVED This archived case hub sets out the position as at the date of the final decision on 28 November 2024; it is no longer updated. See further: timeline. Case facts Outline of European Commission’s Article 101 TFEU probe into limits on cross-border sales of Pierre Cardin licensed clothing ( AT.40642). Latest development On 28 November 2024, the Commission adopted its infringement decision, imposing fines totalling €5.7m on two undertakings......
In the EU, a medicinal product may only be supplied and used in line with the terms and conditions of its approval, known as a marketing authorisation ( MA). The MA decision and its contents are set according to the requisite information and data the marketing authorisation holder ( MAH) provides during the marketing authorisation application ( MAA) process... Extensive guidance on EU MAA procedures and on what MAs contain is given in Practice Notes: Marketing authorisations in the EU—regulatory procedures for approval of medicinal products, and Marketing authorisations in the EU—content and form of the application and other practical considerations... For discussion of the impact of Brexit on authorisations of medicines for the EU and UK, including Northern Ireland, see Practice Notes: UK marketing authorisations for medicinal products, particularly the MA variations...
This Practice Note explores how the Financial Conduct Authority’s ( FCA) Consumer Duty affects insurers, touching in particular on key matters such as claims handling, methods for calculating and setting premiums, the appropriateness of policy wordings, and the role of third parties. It also flags important regulatory movements (including supervisory reviews) that bear on insurers’ roll‑out of the Consumer Duty. For an overview of the core components of the FCA’s Consumer Duty, see Practice Note: The FCA Consumer Duty—essentials. For commentary on what the Consumer Duty means for insurance intermediaries, see Practice Note: The FCA Consumer Duty—implications for insurance intermediaries. For a record of key milestones associated with the FCA’s Consumer Duty, see: The FCA Consumer Duty—timeline. Claims For insurers, claims handling is expected to be a prime area of FCA attention when evaluating compliance with the Consumer Duty. The reason is that, in...
This Practice Note This Practice Note explores the implications of the Financial Conduct Authority ( FCA)’s Consumer Duty ( Duty) for FCA authorised firms holding permissions to: (i) manage an alternative investment fund ( AIF); (ii) manage an undertaking for collective investment in transferable securities ( UCITS); or (iii) manage investments. It focuses on the key components of the Duty, such as its scope and application (including relevant exclusions, the concept of material influence, and proportional application), the overarching Consumer Duty principle, the cross-cutting rules, and the four outcomes as they pertain to asset management firms. For a summary of the core features of the Consumer Duty with broader application, see Practice Note: The FCA Consumer Duty—essentials. The Duty took effect for new and existing products and services that remained open to sale (or renewal) from 31 July 2023, and for closed book...
ARCHIVED: This Practice Note has been archived and is not maintained. This note provides details on the Finance Act 2024 ( FA 2024) and the Finance ( No 2) Act 2024 ( F( No 2) A 2024), which obtained Royal Assent on 22 February 2024 and 24 May 2024, respectively. It is kept for historical interest, mapping both measures from draft release through their Parliamentary passage to enactment, summarising core provisions, and signposting significant milestones and documents—including any published amendments—relevant to their progression. The tracker is organised into three parts: Progress of FA 2024 and F( No 2) A 2024 FA 2024—measure by measure F( No 2) A 2024—measure by measure For an overview of the provisions in the draft Finance Bill 2024 ( FB 2024—also referred to as Finance Bill 2023–24 and Autumn Finance Bill 2023 ( AFB 2023)), which was enacted as FA 2024, see...
Deal Debrief Fitness First Clubs Limited applied for a Part 26A restructuring plan ( RP), holding a convening hearing in May 2023 and a sanction hearing in June 2023. The principal points are set out below (capitalised terms not defined here carry the meanings given in convening and sanction judgments). This Deal Debrief sits within our Restructuring plans collection. For an in-depth review of metrics from RPs lodged in 2023, plus commentary from leading lights in the restructuring world, see Practice Note: Market Insights Trend Report—trends in Part 26A restructuring plans in 2023 [ Archived]......
This Practice Note provides links to the online edition of Juliet Carp’s Drafting Employment Documents for Expatriates (2nd edition, 17 May 2017). The text offers a broad overview of preparing employment documentation for overseas postings or expatriate roles, setting out the principal drafting stages. It also signposts where specialist input is commonly required on tax, social security, benefit arrangements, business registration and immigration, helping the assignment manager (often an employment lawyer) to determine business needs. The main parts of this Practice Note align with the book’s chapters, and tables within each section outline the chapter contents and include links to the relevant online material... Introduction What’s new — Drafting Employment Documents for Expatriates, Chapter 1. Para 1.1 Purpose and scope of this book — Drafting Employment Documents for Expatriates, Chapter 1. Para 1.4 Using this book — Drafting...
In March 2026, the FCA published FG26/2: Good and Poor Practice on identifying harm. FG26/2 sits alongside broader regulatory changes aimed at modernising redress and complements the Consumer Duty material in FG22/5 Final non- Handbook Guidance. This Practice Note is currently in the process of being revised to take full account of this development. See: HMT and FCA outline planned reforms of the FOS. The Financial Conduct Authority’s ( FCA) Consumer Duty (the Duty) applied from 31 July 2023 for open products, and from 31 July 2024 for closed products, establishing heightened protections by obliging firms to act to secure good outcomes for retail clients. The Duty is anticipatory, requiring firms to embed customers at the centre of their operations, and to provide products and services that are suitable and offer fair value. This also entails the ongoing tracking, careful...
CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 541/23 P Polwax v Commission ARCHIVED —this archived case hub reflects the position at the date of the judgment of 14 June 2023; it is no longer maintained. See further, timeline. Case facts Outline Challenge to the Commission’s phase II ruling of 14 July 2020 granting conditional approval to PKN Orlen’s purchase of Grupa Lotos ( M.9014). Latest development On 25 January 2023, the General Court delivered its ruling, rejecting the action in full as unfounded. In essence, the General Court found, among other points, that the Commission’s market definition was sound; that the transaction could not have led to reduced supply in the slack wax market and, as a result, there was no loss of significant competitive pressure in that market nor any increase in market power (responding to Polwax’s assertion that Orlen was itself a...
Assimilated Regulation ( EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Entry into force: 16 July 2012 — see Regulation ( EU) No 528/2012, Article 97 Application: from 1 September 2013 Transposition deadline: N/ A Amendments Assimilated Commission Delegated Regulation ( EU) No 736/2013 of 17 May 2013, amending Regulation ( EU) No 528/2012 regarding the length of the work programme for the review of existing biocidal active substances Assimilated Commission Delegated Regulation ( EU) No 837/2013 of 25 June 2013, revising Annex III to Regulation ( EU) No 528/2012 concerning information requirements for the authorisation of biocidal products Assimilated Regulation ( EU) No 334/2014 of the European Parliament and of the Council of 11 March 2014,...
Directive 96/71/ EC concerning the posting of workers in the framework of the provision of services The Posting of Workers Directive ( PWD), in force since the early 1990s, continues to spark significant debate. The reason is straightforward: the posting of workers delineates a ‘zone of exception’. As several authors explain, within the system of free movement of workers the principle of equal treatment extends to mobile workers, who should not be treated differently from domestic employees. Nevertheless, the detailed provisions on working conditions and social security applicable to posted workers operate as a departure from that principle. This has triggered concerns about possible unfair competition and a negative impact on labour and social rights. The amending Directive ( EU) 2018/957 set out to address unfair competition and the race to the bottom in the field of labour, although the revision may not have...
What does the EU Taxonomy Regulation do? The EU Taxonomy Regulation ( Regulation ( EU) 2020/852) appeared in the Official Journal of the EU on 22 June 2020 and took effect on 12 July 2020. It creates a classification framework across the EU, or ‘taxonomy’, designed to give businesses, investors, financial institutions, companies and issuers a shared vocabulary for judging the extent to which economic activities are environmentally sustainable. This shared language helps determine how far activities are environmentally sustainable, using terminology provided by the Regulation and understood by businesses, investors and issuers. As a transparency instrument, the Regulation’s overarching purpose is to inform decision-making and channel investment effectively towards economic activities fundamental to the transition to net zero. The EU Taxonomy Regulation also amends, and borrows definitions from, Regulation ( EU) 2019/2088—the EU Sustainable Finance Disclosures Regulation ( EU SFDR)—and is...
NIS 2 Directive Relentless digitalisation of society and the economy has heightened organisations’ exposure to cyber-attacks. To respond, the EU adopted Directive ( EU) 2022/2555 on measures for a high common level of cybersecurity throughout the Union, known as the Network and Information Security Directive, the NIS 2 Directive or simply NIS 2. This framework places broad governance and incident-notification duties on sectors designated as critical. It replaces Directive ( EU) 2016/1148 (the NIS Directive) from 18 October 2024, which took effect in 2016. Consequently, cybersecurity benchmarks for in-scope organisations rise markedly. Member States had to transpose NIS 2 into national law by 17 October 2024, so organisations were expected to ready themselves for compliance during 2023/24. Where available, national transposition texts can be found on the EUR‑ Lex website. Compared with its predecessor, NIS 2 broadens its reach to additional sectors and...
Explainability has become a key pillar of ethical, responsible artificial intelligence ( AI) and is now a common expectation within developing AI laws and rules. This Practice Note explores the explainability of AI, covering: What AI explainability means Why explainability matters Regulatory guidance on explainability The legal context for explainability Practical approaches to deliver explainability For more on AI, see Practice Notes: Artificial intelligence and machine learning—an introduction to the technology Artificial intelligence—data protection Artificial intelligence—intellectual property Artificial intelligence in the EU—the key legal issues The AI project lifecycle—a quick guide Negotiation guide— AI contracts Contractual considerations for the procurement of artificial intelligence—checklist For AI contract clauses, including issues of explainability and transparency, see: AI clauses— Warranties. For a timeline of key legal developments on AI, see Practice Notes: UK artificial...
Under section 6.3 of the Spanish Civil Procedure Rules 2000 ( CPR) and section 11.1 of the Spanish Arbitration Act 2003 ( AA), where a claimant issues proceedings in the first instance courts in relation to a dispute that, by reason of a valid arbitration agreement, ought to be determined by an arbitral tribunal, the defendant may contest the court’s competence by lodging a ‘declinatoria de jurisdicción’, or simply ‘declinatoria’. This ‘jurisdictional challenge application’ (also called ‘the declinatoria application’) is a request for an order stating that the court lacks jurisdiction to hear the case and thereby enforcing the parties’ agreement to arbitrate and to have the arbitral tribunal hear the dispute. Procedure for disputing the court’s jurisdiction As the court cannot raise a jurisdictional objection of its own motion (‘de oficio’), the onus lies on the defendant to do so. The defendant has a short...
CASE HUB See further, timeline Case facts Outline CMA Chapter II CA98 probe into Google’s behaviour concerning the distribution of apps on Android devices within the UK, with a focus in particular on Google Play’s rules that compel certain app developers to rely on Google Play’s proprietary billing system for in‑app purchases across their offerings. Latest developments On 21/08/2024, the CMA concluded it would be inappropriate to accept commitments proposed by Google to remedy the competition concerns. On the same day, the CMA formally closed the investigation on administrative priority grounds. In particular, the CMA signalled that the newly enacted Digital Markets, Competition and Consumers Act 2024 may offer a more suitable framework to address the type of conduct at issue. Parties Alphabet Inc, Google Ireland Limited, Google UK Limited and......
In line with its authority to issue interim relief in aid of arbitration, the Arbitration Ordinance ( Cap 609) ( AO) permits the court to grant freezing injunctions ( Mareva injunctions) in support of arbitral proceedings. The criteria for obtaining such relief broadly mirror those applied to freezing orders in standard court actions. Note: The Hong Kong judgments referred to below are not reported by Lexis Nexis®... Powers of the court to grant interim measures (generally) The court may grant interim measures under AO, ss 21 and 45. AO, s 21 confirms that, before or during arbitral proceedings, a party may seek an interim protective measure from the court without offending the arbitration agreement, and the court may grant that relief. AO, s 45 provides that, in relation to arbitral proceedings commenced or to be commenced in or outside Hong Kong, the court can...
Note: The Hong Kong judgments below are not reported by Lexis Nexis®. General principle—minimal interference The Arbitration Ordinance ( Cap 609) ( AO) is designed to uphold party autonomy in arbitration while keeping judicial involvement to a minimum. A central principle of the AO is that the court may intervene in arbitral matters only where the ordinance expressly permits it. The AO gives effect to Article 5 of the UNCITRAL Model Law on International Commercial Arbitration, which likewise provides that courts must not intrude into arbitration except as set out in the law. Even so, the AO equips the Hong Kong courts with defined supportive powers. Notably, under sections 45 and 60, the courts have independent jurisdiction to grant interim protective measures and to issue property-related orders for arbitrations seated either in Hong Kong or overseas. Parties to an arbitration agreement can also expressly opt into...
Banking regulation— Ghana— Q& A guide This Practice Note provides a jurisdiction-specific Q& A overview of banking regulation in Ghana, published within the Lexology Getting the Deal Through series by Law Business Research (law as at 10 February 2023). Authored by WTS Nobisfields— Theophilus Tawiah. 1. What are the principal governmental and regulatory policies that govern the banking sector? Over the past three years, the Bank of Ghana ( Bo G) has rolled out reforms across the banking landscape to reinforce stability and restore confidence in the financial system. As a result, a number of banks and specialised deposit-taking institutions ( SDIs) saw their licences revoked. The Bo G has confirmed that the programme of banking and SDI reforms has now concluded. That said, the Government will maintain a policy direction that introduces suitable mechanisms to reduce financial system instability and respond to emerging risks through strong...
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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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