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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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ARCHIVED: This Practice Note has been archived and is not maintained This note outlines principal dates and details concerning the EU’s Network and Information Systems Directive ( NIS Directive), Directive ( EU) 2016/1148, which has been repealed by Directive ( EU) 2022/2555 (the NIS 2 Directive). It brings together strategy papers, consultations, progress updates, alongside opinions and guidance from various bodies on its creation, revision and repeal. For the key stages of the NIS 2 Directive’s legislative process, see Practice Note: The EU NIS 2 Directive—timeline. Key developments 10 May 2018 — Commission Implementing Regulation ( EU) 2018/151 became directly applicable. 9 May 2018 — Deadline for Member States to implement the NIS Directive, Directive ( EU) 2016/1148, into domestic law. 19 February — Commission Implementing Regulation ( EU) 2018/151 came into force. 30 January 2018 — Official Journal of the EU:...
This Practice Note sets out the principal deadlines for exercising the statutory right—subject to qualifying criteria—of a tenant with a long lease of a flat to secure a 90‑year lease extension under the Leasehold Reform, Housing and Urban Development Act 1993 ( LRHUDA 1993). It also outlines the repercussions of missing those deadlines, including the timetables for serving a section 45 counter‑notice, issuing the draft lease and any replies, and making applications to the First‑tier Tribunal ( FTT) (or the Leasehold Valuation Tribunal ( LVT) in Wales) and/or to the County Court. For fuller, step‑by‑step guidance on the LRHUDA 1993 lease extension process, see Practice Note: Guide to lease extensions of flats under the Leasehold Reform, Housing and Urban Development Act 1993... Time Limits Below is a table which summarises, for ease of reference, the time limits contained in this Practice Note. ...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which obtained Royal Assent on 20 March 2025, puts in place legislation scrapping the remittance basis of taxation and instituting a residence-based system that starts to apply from 6 April 2025. FA 2025 also displaces domicile as the key criterion used when assessing inheritance tax liability. Additional reforms include amendment of the rules determining excluded property status, the removal of protected settlements status for offshore trusts, and changes to overseas workday relief, among other related updates as well. For details, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. The entries in this tracker summarise...
Useful websites for restructuring & insolvency lawyers Industry bodies The Insolvency Service Institute of Chartered Accountants of England and Wales Insolvency Practitioners Association Insolvency Lawyers’ Association R3 City of London ......
This Practice Note provides a practical ‘how to’ on ending commercial, business-to-business contracts, and directs you to relevant materials. It outlines the principal methods of bringing a contract to a close, the factors to consider when deciding if termination is appropriate, the conditions for a valid termination, and other legal and practical points to bear in mind. For a high-level view of relevant legal concepts, see: Contract termination—overview and Practice Note: Termination and expiry of contracts. This Practice Note focuses on ending business-to-business commercial contracts under common law and the contract’s clauses. For detailed guidance on termination by these methods, see Practice Note: Terminating commercial contracts. For a thorough checklist to use when terminating, see: Contract termination—checklist. For an illustration of issues when choosing a termination route, see: Choosing a termination...
CASE HUB ARCHIVED This archived case hub reflects the position at the date of the judgment on 25 January 2023 and is no longer maintained. See further, timeline. Case facts Outline Referral back to the General Court followed the Court of Justice’s judgment in Case C‑823/18, which was an appeal against the General Court’s ruling in Case T‑640/16 that annulled the Commission’s amending decision of 11 September 2009 (readopted on 29 June 2016) concerning the heat stabilisers cartel ( AT.38589). Latest development On 25 January 2023, the General Court delivered its judgment dismissing the appeal in full. In particular, it concluded that the Commission had not: treated GEA unequally when compared with ACW or CPA; acted ultra vires by setting a date for payment of the fine that pre‑dated the Commission’s readopted decision; or erred in applying the 10% cap, including by declining to extend it to...
CASE HUB ARCHIVED — this archived case hub sets out the position as at the decision date of 30 November 2023; it is no longer maintained. See further the timeline and commentary. Case facts Outline Article 101 TFEU/ Chapter I inquiry into three money transfer companies concerning a competition law infringement for colluding on prices charged to customers in Glasgow for sending funds from the UK to Pakistan. Latest development On 30 November 2023, the FCA issued its infringement decision. All three undertakings acknowledged to the FCA that they had infringed competition law and obtained settlement reductions recognising resource savings to the FCA from bringing the investigation to an early close. The FCA levied penalties amounting to £154,300......
Common law tenancies Common law tenancies are lettings that sit outside any statutory security of tenure regimes. Examples include: for residential property, the Rent Act 1977, Housing Act 1985 or Housing Act 1988 (see Practice Note: A summary of types of private residential tenancies and Social sector tenancies—overview) for commercial property, the Landlord and Tenant Act 1954 ( LTA 1954) (see Practice Note: LTA 1954 business lease renewal—termination) for agricultural property, the Agricultural Tenancies Act 1995 (see: Agricultural holdings—overview) Under a common law tenancy, the parties’ rights and obligations flow from the terms they have agreed, whether expressly stated or implied. After a common law tenancy expires, and particularly where the LTA 1954 has been contracted out, caution is needed if a tenant is permitted to remain in occupation whilst negotiations proceed for the grant of a new......
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker records and summarises key new and forthcoming legislation and consultations in England and Wales concerning contamination, pollution and environmental permitting. The following regimes apply in England and Wales for contamination, pollution and permitting: the contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property), living organisms, interference with ecological systems, or controlled waters the Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810, and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR): apply to environmental damage, defined as damage to: a protected species or...
This Practice Note explores the ramifications of the Financial Conduct Authority’s ( FCA) Consumer Duty for insurance intermediaries, covering the assessment of fair value in insurance products, the FCA’s expectations for rollout, and a range of intermediary-specific considerations linked to scheme policies, placing and producing brokers, claims handling and renewal activity, broker remuneration and potential insurer conflicts. It also signposts key regulatory developments (including supervisory reviews) that are pertinent to intermediaries’ delivery 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 Duty means for insurers, see Practice Note: The FCA Consumer Duty—implications for insurers. For significant milestones on the Consumer Duty, including go-live dates, see: The FCA Consumer Duty—timeline. FCA’s reviews into value measures Under the Consumer Duty, firms must achieve and test four...
Scope of this Practice Note The Financial Services and Markets Act 2023 ( FSMA 2023) originated as the Financial Services and Markets Bill ( FSMB), which was presented to the House of Commons and received its first reading on 20 July 2022. This Practice Note outlines the background to FSMA 2023, gives a high-level summary of FSMA 2023 and highlights its principal reforms. It also explains how FSMA 2023 aligns with the Retained EU Law ( Revocation and Reform) Act 2023. Background to the FSMA 2023: the implementation of financial regulatory reviews FSMA 2023 is designed to implement the conclusions of the government’s Financial Services Future Regulatory Framework Review ( FRF Review) and the regime for central counterparties ( CCPs), together with other updates to modernise the UK regulatory regime. In delivering those further updates, FSMA 2023 also seeks to implement outcomes from...
ARCHIVED: This Practice Note is archived and no longer updated. This Environment cases tracker sets out notable rulings and appeal movements of interest to Environment lawyers from 1 January 2023. Matters appear in reverse date order, showing the newest first. Judgments and appeal updates are listed under the court that delivered the most recent ruling. The tracker is organised into: the Upper Tribunal the High Court of England and Wales the Court of Appeal the UK Supreme Court the Judicial Committee of the Privy Council For earlier key rulings and appeal updates from 2021, see: Environment cases tracker 2022 [ Archived] Environment cases tracker 2021 [ Archived] To follow EU matters, see: EU environment cases tracker 2024. Upper tribunal Octagon Green Solutions Ltd v Revenue and Customs Commissioners [2023] UKUT 268 ( TCC) (6 November 2023): The Upper Tribunal ( Tax and Chancery Chamber) allowed the company’s appeal against the First-tier Tribunal ( Tax), which had...
Disclosure: an important and integral part of litigation Disclosure obliges parties to set out every document within their control that relates to the issues in dispute, share this with the other participants, and permit opponents to inspect them. It is a mandatory and central step in litigation, capable of winning or losing a case. Under the rules for disclosure in claims in the Business and Property Courts (see regime 2 below), it is regarded as vital to the just determination of civil proceedings ( CPR PD 57AD, para 2.1). The exercise consists of locating and providing documents relevant to the live issues. In the conduct of litigation, the Court of Appeal observed in 2014 that the public interest lies in all relevant evidence reaching the court, whilst acknowledging that the duty intrudes upon a litigant’s privacy and...
What are pesticides and biocides? Pesticides and biocides are chemicals or organisms deployed to control pests—unwanted or harmful animals, plants, fungi, viruses, or bacteria that cause damage. The term ‘pesticide’ is frequently used as a substitute for ‘plant protection product’, though it can be broader and may encompass biocidal products. A ‘plant protection product’ refers specifically to pesticides that protect crops or other plants, commonly used in agriculture, forestry, and public and private horticulture. PPPs and biocides can cause serious water pollution and land contamination, especially if they enter surface water or groundwater, and their potential impacts on human health are sometimes questioned. Plant protection products ( PPPs) PPPs contain at least one ‘active substance’ that counteracts pests or plant diseases and fulfil one or more of the following roles: protect plants or plant products from pests or diseases, before or after harvest ...
This marks the first time the findings of a WTO panel have been taken on appeal under the Multi- Party Interim Appeal Arbitration Arrangement ( MPIA). The arbitrators confirmed most of the panel’s contested legal determinations. What are the practical implications of this case? As the first appeal of a panel report invoking Article 25 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ( Dispute Settlement Understanding) in conjunction with the MPIA, it offers direction for future appeals overseen by the MPIA, see Practice Notes: Introduction to the World Trade Organization Dispute Settlement and Multi-party interim appeal arbitration arrangement. What was the background? This was an Article 25 Dispute Settlement Understanding appeal to the MPIA concerning selected issues of law and legal interpretation arising from the WTO panel report, Colombia— Anti- Dumping Duties on Frozen Fries from Belgium, Germany and the...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 4 October 2023; it is no longer maintained. See further, timeline Case facts Outline UK merger investigation into the planned acquisition by Hitachi Rail, Ltd of Thales SA’s Ground Transportation Systems business. The deal creates horizontal overlaps in the provision of mainline rail signalling and urban signalling systems. Latest developments On 4 October 2023, the CMA published its final report, concluding the transaction would be expected to give rise to an SLC in the supply of digital mainline signalling systems (and associated services) in Great Britain. The parties are the two biggest suppliers in the market. The market is highly concentrated, with only two other principal competitors ( Siemens and Alstom). There would be fewer credible bidders remaining for digital mainline signalling tenders. To address the SLC, the CMA decided the most...
CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED — this case hub records the position as at the decision of 12 July 2023 and is no longer being maintained. See further, timeline. Case facts Outline European Commission merger review of Broadcom’s proposed acquisition of VMware ( M.10806). The transaction entails horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the deal subject to commitments. The Commission was concerned Broadcom would have the ability and incentive to foreclose Marvell, the sole rival in the market for FC HBAs, by limiting or degrading interoperability between VMware’s server virtualisation software and Marvell’s hardware. To address these issues, Broadcom offered: guaranteed access to the interoperability application programming interfaces, as well as the materials, tools and technical support required for...
Setting out contractual audit rights, together with obligations to keep contract-related records in a specified way, is a vital element of any outsourcing. Strong oversight enables the customer to confirm services are being delivered as agreed and gives the supplier a forum to evidence compliance with the contract. This Practice Note explores key matters concerning record retention and audit rights in outsourcing arrangements: Initial considerations How long should records be kept? Audit rights Consistency with other terms of the contract Supplier’s perspective For sample drafting suitable for record retention or audit provisions, see clauses 22 ( Records) and 23 ( Audit) of Precedent: Outsourcing agreement—long form. Initial considerations The parties will need to address several core questions to decide what is suitable in the circumstances: What retention obligations apply to the customer and the supplier, both under law and under their...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 57/24 ARCHIVED – this archived case hub captures the status as at the final decision of 22 November 2023; it is no longer updated. See further: timeline, commentary and related cases. Case facts Outline European Commission Article 101 TFEU inquiry into the sharing of commercially sensitive information and the coordination of trading/pricing strategies in the Euro-denominated bonds market ( Case AT.40512). Latest development On 22 November 2023, the Commission adopted an infringement decision and imposed fines totalling €26.6m on Rabobank. DB cooperated with the Commission under its 2006 Leniency Notice and, by revealing the cartel’s existence, secured full immunity from fines (thereby avoiding a penalty of nearly €156m). Parties Deutsche Bank ( DB): DB is one of the world’s leading financial service providers. Rabobank: Rabobank is a Dutch multinational banking and financial services...
CASE HUB ARCHIVED This archived case hub records the position as at the 9 June 2023 decision and is no longer maintained. See further, timeline. Case facts Outline European Commission merger inquiry into the planned acquisition of Lagardère S. A. by Vivendi S. E. ( M.10433). The deal entails horizontal overlaps in the markets for book and magazine publishing. Latest developments On 9 June 2023, the Commission approved the transaction subject to commitments. It accepted a remedies package from Vivendi S. E. to address the Commission’s competition concerns. Parties Vivendi S. E ( Vivendi): A French global media and entertainment group operating across multiple markets through its subsidiaries: in television and cinema ( Canal+ Group), book publishing ( Editis), magazines ( Prisma Media), video games ( Gameloft), and advertising ( Havas Group). Vivendi is controlled by the Bolloré group, a worldwide company active in three main areas:...
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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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