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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 sets out a high-level overview of the supply chain, touching on what the supply chain is, marketing and distribution routes, principal supply chain contractual considerations, key laws and regulations enacted in relation to the supply chain, and a look at some commercial tools available to address supply chain challenges. With continuing globalisation of commerce, increasing exposure to potential liabilities, and sharpening focus on environmental, social and governance ( ESG) matters, businesses must, more than ever, remain alive to a myriad of supply chain issues. What is a supply chain? The term ‘supply chain’ is a metaphor for the process or system that takes products or services from design through sale to the end-user. As with a physical chain, the supply chain consists of a sequence of links—research, design, manufacturing, transport, inventory management, warehousing and retail—each playing a critical role in moving...
The Building Safety Act 2022 ( BSA 2022) The Building Safety Act 2022 ( BSA 2022) introduced sweeping reforms to the legal framework for building safety. For an overview of the changes made by BSA 2022 and its principal features, see Practice Note: Building Safety Act 2022—key provisions and issues. Parts 3 and 4 of BSA 2022 set the foundations for a fresh regulatory system for ‘higher-risk buildings’ ( HRBs). By amending the Building Act 1984 ( BA 1984), Part 3 enabled a more stringent building control regime to govern the design and construction of works to HRBs. The detailed requirements of this regime were contained in a suite of secondary legislation laid in August 2023, which came into force on 1 October 2023. Part 4 places extensive obligations on those accountable for occupied HRBs, particularly in relation to risk management and...
This Practice Note reviews the core definitions and terminology used to describe platform solutions, explaining the principal categories of platforms and the expressions commonly linked to them. It further sets out, for each of the principal EU legislative instruments, how the relevant definitions are framed to identify which entities fall within their scope and are therefore captured by those regimes. In-depth analysis of electronic data interchanges, or other platforms used to enable computer‑to‑computer exchanges of business or trading data and documentation, lies outside the remit of this Practice Note. This Practice Note does not address UK law; for information on legislation applicable to online platforms in the UK, see practice: Online platforms—introduction. For detail on the principal recent digital initiatives ( Directive, Regulation and Code of Conduct) that online platforms ought to consider when trading, offering or providing services in the EU, or when they are...
This Practice Note is a practical guide to operating a landlord’s redevelopment break right in a lease. It covers the relevant lease provisions to review, when a break can be invoked, the form and service of a break notice and, where the lease benefits from security of tenure under the Landlord and Tenant Act 1954 ( LTA 1954), the need also to serve a section 25 notice and to oppose the grant of a new tenancy. The break clause A break clause (or option) permits a tenant, a landlord, or sometimes both, to terminate the lease before its contractual end date. The clause will usually specify: which party is entitled to operate the break the date on which the lease can end (the break date) the length of notice that must be given any conditions precedent (in addition to serving a break...
Facts Kevin (69) and Amelia (60) have been married for three decades. This is Kevin’s second marriage; he has two adult children, Barbara and Tom, from a first marriage that ended acrimoniously. Barbara and Tom put up with their step-mother but have never truly liked her, as she and Kevin were friends before his split from their mother. Amelia is very fond of her step-grandchildren. Together, Kevin and Amelia run a thriving property investment business, and the bulk of their wealth has been created during the marriage. Although Amelia’s contribution has been equal—some would say greater—most assets sit in Kevin’s name. Over the years, he has often told Amelia that half of everything he owns is hers. In 2010, they agreed that whoever died first would leave their estate to the other, and that the survivor would then leave their estate to Barbara and Tom,...
This Practice Note provides an introduction to the dark web. It sets out what the dark web is and surveys lawful and unlawful activities and concepts commonly linked to it. This Practice Note does not examine in detail the legal issues arising from policing or committing criminal conduct on the dark web. What is the dark web? The part of the internet labelled the dark web is often depicted by the media as a purely sinister criminal underworld reserved for drug trafficking and other illegality. The picture is more complex. The surface web, which is readily accessible to anyone, by some estimates accounts for only a small slice of the internet. The deep web—that is, the portion hidden from the public and not indexed by search engines—largely consists of pages maintained by organisations and governments and is by far the biggest segment...
This Practice Note offers guidance on dealing with requests for further information made under CPR 18 and CPR PD 18 (commonly called a Part 18 request). It explains how and why you might object to a Part 18 request, the potential consequences of not replying, and the approach to providing a response. What is a Part 18 request for further information? A Part 18 request is a request for further information made pursuant to CPR PD 18, paragraphs 1.1–1.7. For further detail, see Practice Note: Making a Part 18 request for further information. Can you object to responding to a Part 18 request? There are several grounds on which a recipient may object to giving a response. Where the receiving party has legitimate reasons to object, these should be raised at the earliest possible stage. The importance of raising objections If the receiving party has proper...
Assimilated Regulation ( EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/ EU ( GB Energy Labelling Regulation) Entry into force: 1 August 2017 Subject: Energy labelling; energy efficiency of products In GB, compulsory energy labelling is set by: Assimilated Regulation ( EU) 2017/1369 (the GB Energy Labelling Regulation) Energy Information Regulations 2011 ( EIR 2011) Ecodesign for Energy- Related Products and Energy Information Regulations 2021, SI 2021/745 In-scope products must meet the information and labelling duties contained in these measures. The EU Energy Labelling Regulation ( Regulation ( EU) 2017/1369) still applies in Northern Ireland post- Brexit. For more on Northern Ireland, see Practice Note: What does the Northern Ireland Protocol ( Windsor Framework) mean for the application of...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 14 September 2023; it is no longer maintained. See further, timeline and commentary Case facts Outline An appeal was lodged against the General Court’s ruling in Case T‑218/18, which in part allowed an action for annulment aimed at overturning the European Commission’s decision of 31 July 2017, concluding that German public financial support for Frankfurt‑ Hahn airport did not amount to unlawful State aid ( Case SA.45765). The appeal concerns public support by Germany to Frankfurt‑ Hahn airport. Latest developments On 14 September 2023, the Court of Justice delivered its judgment, setting aside the General Court’s ruling and remitting the matter to that court for further consideration. It held, in particular, that the General Court failed in its duty to give adequate reasons and committed several errors of...
This Practice Note offers a step-by-step guide to operating a tenant break option within a lease. It covers the key lease terms to review, the timing for exercising the right, the required format and service of a break notice, and any additional pre-conditions that must be satisfied to bring the lease to an end. It also outlines the actions to take once the notice has been served. For fuller guidance on break notices, see Practice Notes: Break clauses and notices—exercising breaks and conditions precedent and Break clauses and notices—service. The break clause A break clause (or option) permits a tenant or a landlord (or, in some instances, both) to terminate a lease ahead of the contractual expiry date. The clause will typically specify: which party may invoke the break right the date on which the lease can end (the break date) the length of notice that must be...
Context Under the European Green Deal, the EU has outlined bold milestones to steadily cut greenhouse gas output to and past 2030, with the end goal of net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) makes it a binding legal duty for the Union to deliver a 55% drop in carbon emissions from 1990 levels by 2030 and to attain complete carbon neutrality by 2050. The European Commission estimates that generating and consuming energy is responsible for over three quarters of the EU’s greenhouse gas footprint. Swift decarbonisation of the energy system is therefore essential to hit the 2030 and 2050 targets. To this end, the EU is designing and rolling out a legal and policy architecture for a climate‑neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, together with improved energy...
This Practice Note considers the requirement for a ‘good arguable case’ which must be met to establish that the English courts have jurisdiction to determine a dispute. To satisfy the good arguable case threshold, a claimant must show that the claim falls within at least one of the jurisdictional gateways in CPR PD 6B, para 3.1. This threshold is engaged only where permission to serve proceedings out of the jurisdiction is sought (or has been granted and the defendant then contests the court’s jurisdiction). It does not apply where permission is unnecessary, for instance under CPR 6.32 and CPR 6.33, or via the parallel service route in the Companies Act 2006, as confirmed in Titan Wealth Services Ltd v Tavistock Investments PLC (2025). Although aspects of that decision were successfully appealed, the jurisdiction findings were left undisturbed. For a summary of the...
This Practice Note outlines the criminal offences a local highway authority may rely on when prosecuting matters relating to highway obstructions. It does not consider civil powers, which are dealt with in Practice Note: Local authority powers to manage highway obstructions—civil remedies. What is an obstruction? There is no exhaustive list, nor a single statutory definition, of an obstruction. In Trevett v Lee, Lord Evershed broadly characterised it as something that, either temporarily or permanently, takes all or part of the highway out of public use. To that broad understanding, one can add the element of acting without lawful authority. A highway authority can, however, authorise or grant a licence for what would otherwise be an unlawful obstruction by issuing permits, for example: builders’ skips scaffolding temporary deposit of building materials See Practice Note: Highways...
This Practice Note sets out, in order, the practical steps involved in forfeiture. With a flowchart and explanations at each stage, it provides guidance across the full process and includes notes beneath the flowchart with further guidance on each step. Deciding whether to forfeit a lease Checking the landlord’s entitlement to do so Serving notices The forfeiture action itself Follow-up steps Relief from forfeiture Reletting Consider whether forfeiture is suitable Before choosing forfeiture, consider practical factors such as the landlord’s intentions for the property, the current market rent (if relevant), and the tenant’s financial position. These, and other issues, are discussed in Practice Note: Forfeiture of a lease— Practical considerations before forfeiting. Also remember that any sublease will come to an end (subject to the right to seek relief from forfeiture, and to the rights of residential sub-tenants with security of tenure). See Practice Note: Forfeiture of a lease— Effect of...
This outlines concluded European Union antitrust enforcement actions since 2008. For further details on concluded investigations, consult the Article 101 TFEU investigations—closed cases tracker and the Article 102 TFEU investigations—closed cases tracker. 2025 Parties and case: AT.40966 — Eurofield SAS; Unanime Sport SAS Industry sector: Synthetic turf Issues: Supply of incomplete information Decision: Infringement ruling issued—08/09/2025; €172,000 penalty imposed 2024 Parties and case Industry sector Issues Decision......
This Practice Note addresses the making of the award under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce ( SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules apply to SCC arbitrations initiated on or after 1 January 2023, unless the parties agree otherwise. Making the award Once the tribunal announces that the proceedings are closed, its remaining function is to issue and render an award. Under the 2023 SCC Rules, article 42, the directions for making the award are: the award must be in writing the award must state the date of the award and the seat of the arbitration unless the parties have agreed differently, it must include the reasons on which the award rests the arbitrators must sign the award. If giving reasons for a missing signature, it is enough for a majority of the arbitrators to sign, or, if there is no...
Introduction This Practice Note explores the implications of the Financial Conduct Authority’s ( FCA) Consumer Duty for wholesale firms. For the purposes of this note, a wholesale firm broadly means a firm active in the wholesale financial services markets that lacks a direct relationship with retail customers for the relevant product or service offered. Because the Consumer Duty is confined to a firm’s retail market business, and to financial promotions that are addressed to, or distributed so they are likely to reach, a retail customer, some wholesale activities fall outside the scope of the Duty. However, where a firm operates within a distribution chain that ultimately involves an end retail customer, the Consumer Duty applies to the extent the wholesale firm determines or materially shapes retail customer outcomes in practice. This Practice Note examines the scoping analysis for wholesale firms, including relevant...
This Practice Note addresses emergency arbitration under the 2023 Arbitration Rules of the Stockholm Chamber of Commerce ( SCC) Arbitration Institute (the 2023 SCC Rules). The 2023 SCC Rules govern cases filed on or after 1 January 2023, unless the parties have agreed otherwise. The SCC has released Practice Notes summarising emergency arbitrator rulings issued between 2023 and 2025, which may assist when assessing whether to invoke the emergency arbitrator mechanism. This Practice Note also looks back over 15 years of SCC emergency arbitration, setting out statistical patterns from 2010 to 2025. When to use the emergency arbitrator procedure A party will typically seek the appointment of an emergency arbitrator where an immediate measure is needed, for instance to safeguard an asset. The emergency arbitrator route can be highly effective and relatively cost-efficient for exerting urgent pressure on a...
ARCHIVED: This Practice Note has been archived and is no longer maintained It includes concluded legislative proposals, published judgements and closed consultations that are no longer shown in the current tracker because they are not from the current year. To follow ongoing legislative proposals, relevant judgement and consultations, see Practice Note: IP rights in the European Union—tracker. This Practice Note is divided into the following sections: Copyright Copyright—legislation Copyright—cases Copyright—closed consultations Designs Designs—legislation Designs—cases Designs—closed consultations Trade marks Trade...
There are clear distinctions between the common law approach to passing title in moveable property in Scotland—particularly in relation to off-site goods and materials—and the position under English law. These divergences regularly create uncertainty, notably in construction, where parties often attempt to secure ownership of goods, plant and materials before they are built into the works, or even before they arrive on site. This Practice Note outlines some of the limitations affecting the transfer of moveable property on Scottish construction projects, and indicates how parties might reduce those exposures. Although written chiefly from the standpoint of the employer–contractor relationship, the guidance is equally relevant, for instance, to contractors and sub-contractors (for further materials on sub-contracting generally, see: Sub-contracts in construction—overview). Common law—transfer of ownership in moveable property Contrasting with the framework in England, parties to Scots law construction contracts cannot pass title merely by paying for the...
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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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