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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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CASE HUB ARCHIVED This hub captures the position as at the decision date of 28 November 2022 and is not being updated. For more detail, see the timeline. Case facts Outline: European Commission Article 101 TFEU probe into a purchasing cartel in the styrene monomer merchant market ( AT.40547). Latest development On 28 November 2022, following settlements by five companies that acknowledged participation, the Commission adopted an infringement decision. Aggregate penalties of €157m were applied. Total fines per company were: INEOS — no fine (due to immunity) Synthos — €32,505,000 (including a 40% reduction for ...)...
FORTHCOMING CHANGES : The Employment Rights Act 2025 ( ERA 2025) revises sections 27A and 27B of the Employment Rights Act 1996 ( ERA 1996), allowing regulations to be made under new or amended provisions within ERA 1996. For this purpose, certain changes to ERA 1996, ss 27A and 27B took effect on 6 January 2026 (see: Who is protected, below). Other measures will commence later (see Practice Note: Employment Rights Act 2025—tracker). This Practice Note will be updated as further details emerge. It reviews protections for workers and employees on zero hours contracts and those on lower pay, covering: exclusivity clauses that are not enforceable protection from detriment protection from unfair dismissal For general guidance on zero hours workers, see Practice Note: Zero hours contracts. Who is protected Employees or workers engaged on zero hours contracts are protected under section 27A of the Employment Rights Act 1996 ( ERA 1996) and the...
STOP PRESS : This Practice Note mirrors the law as it stands; nevertheless, be aware that aspects will be affected by the Digital Omnibus proposals issued on 19 November 2025 under the Commission’s ‘simplification’ programme. For more detail, see Practice Note: EU Digital Omnibus—tracker. Regulation ( EU) 2019/1150 ( OJ L 186/57) — promoting fairness and transparency for business users of online intermediation services and corporate website users of online search engines — also called the EU Platform‑to‑business ( EU P2B) Regulation, has applied directly across EU Member States since 12 July 2020. This Practice Note outlines the duties placed on platform providers and online search engine providers by the EU P2B Regulation and addresses: Background Scope—who the EU P2B Regulation applies to At‑a‑glance—platform providers’ obligations under the EU P2B Regulation At‑a‑glance— OSEs’ obligations under the EU P2B Regulation What must platform providers do? Required content for platform...
Introduction to general practice A General Practitioner ( GP) is a doctor delivering primary care within the National Health Service ( NHS), fostering wellbeing, preventing illness, offering treatment, care or palliation, and encouraging patient autonomy and self-management. GP practices are usually arranged around a defined locality or population. Care is provided directly to patients or, where appropriate, by directing them to other services. Consequently, they are the initial contact for almost everyone with a new health issue and, for many, act as the gatekeeper to other medical specialists. The scope of expertise needed means GPs must not only identify and manage or treat common conditions in the community, but also undertake structured patient assessments to ensure timely referral for urgent or specialist care. As experts in primary care they assume responsibility for the ongoing monitoring, maintenance and improvement of clinical quality, services, organisation and patient safety, as well as...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the judgment of 10 November 2022; it is no longer maintained. See further, timeline. Case facts Outline An appeal was brought against the General Court’s judgment in Case T‑561/18, which had partly upheld an action seeking annulment of the Commission’s decision of 28 May 2018. That decision had endorsed compensation granted by Denmark to Post Danmark for meeting its universal postal service obligations in 2017–2019 as being compatible with the State aid rules ( SA.4707). Latest developments On 10 November 2022, the Court of Justice delivered its ruling dismissing the appeal in full. It held that none of the grounds advanced by the appellants demonstrated any error of law by the General Court or any distortion of the evidence. The appellants’ submissions were either without merit or...
What is the Trust Registration Service? The Trust Registration Service ( TRS) was brought in by HMRC in 2017 to give effect to the EU Fourth Money Laundering Directive, and at the outset it applied solely to taxable trusts that were required to register. Where a trust created a UK tax outcome, trustees had to register, supply specified details about beneficial ownership and retain certain records. These requirements have since widened to include all express trusts, irrespective of any UK tax position. An express trust must be registered unless it falls within an excluded category listed in Schedule 3A of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLR 2017). The principal legislation in this area is: EU Fourth Anti Money Laundering Directive ( EU) 2015/849 Money Laundering, Terrorist Financing and...
Starting the process of translating policy to legislation At European level, the creation and application of rules by supranational institutions is directed by the Lamfalussy process. It was crafted by the ' Committee of Wise Men' on the Regulation of European Securities Markets (the Lamfalussy Committee) and set out in its final report of 15 February 2001. The four-level Lamfalussy framework is presented in diagrammatic form in Appendix 1, while Levels 1 and 2 receive fuller treatment in Appendices 2 and 3. It is, nevertheless, vital to keep in view who constitutes the component parts of each of the supranational bodies in question. Understanding their roles and membership remains a constant consideration throughout. European Parliament The European Parliament is the European Union's directly elected parliamentary body. Its members ( MEPs) are chosen by the citizens of every member state. Together with the Council of the...
ARCHIVED: This Practice Note is archived and no longer updated. It charts the advancement of the European Commission’s draft Regulation creating a shared framework for media services within the internal market—known as the European Media Freedom Act ( EMFA)—as it moves through the ordinary legislative route. Background In 2020, via the European Democracy Action Plan, the Commission underlined the necessity of bolstering media freedom and pluralism. In 2021, during her State of the Union address, Commission President Ursula von der Leyen unveiled an initiative to safeguard media independence across the EU. That initiative was included in the Commission’s 2022 Work Programme. On 10 January 2022, a public consultation was launched. On 16 September 2022, the Commission issued a proposal for a Regulation setting a common framework for media services in the internal market—the European Media Freedom Act ( EMFA)—seeking to safeguard and promote media independence and pluralism in the EU...
This Practice Note outlines the practical issues that can follow receipt of a whistleblower report from the viewpoint of the corporate entity receiving it (including limited companies, partnerships and LLPs). For guidance aimed at those representing whistleblowers, see Practice Note: Representing whistleblowers in internal criminal investigations. Reports may cover a broad range of suspected wrongdoing, from breaches of internal policy and employment matters such as discrimination, to allegations of serious criminality. The focus here is the latter, though some principles have wider relevance... Whistleblowing policy Benefits of implementing a whistleblowing policy While whistleblowing legislation does not generally require companies to maintain a whistleblowing policy (with specific rules applying to listed companies and those in the financial services sector), creating and publicising clear, robust policies and procedures for dealing with whistleblowing is regarded as best practice and delivers several benefits: It signals a...
ARCHIVED — this case hub captures the position as at the judgment dated 13 July 2023; it is no longer being maintained. CASE HUB See further, timeline. Case facts Outline Appeal challenging the General Court’s judgment in Case T-376/20 P, which upheld an action for annulment of the Commission’s 2016 decision blocking the proposed acquisition of Telefonica plc ( O2) by Hutchinson 3G UK Investments Limited ( Three) ( Case M.7612). Outcome On 13 July 2023, the Court of Justice delivered its judgment, allowing the appeal against the General Court’s ruling, setting that judgment aside and sending the case back to the General Court for a fresh ruling......
The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) obtained Royal Assent on 26 October 2023 and is being phased in across multiple commencement dates. A significant proportion of its measures will only commence once detailed secondary legislation and guidance are in place, and some also require the rollout of new technical systems and tools before they can operate. It is anticipated ECCTA 2023 will not be fully in force until 2027. The Act’s principal aims are to stop corporate vehicles in the United Kingdom being used for criminality and terrorism, bolster the UK’s wider response to economic crime and back enterprise by enhancing the efficiency of the UK’s companies registry, including the dependability of its data. For background on ECCTA 2023 and the most recent developments relating to it, including consultation papers, secondary legislation and guidance, refer to Practice Note: The...
Practice Note This Practice Note outlines the duties of suppliers and dealers in Great Britain ( GB) under the ecodesign framework, with particular emphasis on product energy labelling. Dealers’ obligations within the ecodesign regime are largely confined to labelling, whereas suppliers face a broader set of requirements, briefly touched on below; however, the principal focus here is the supplier obligations concerning energy labels. Note that distinct obligations may apply in Northern Ireland. The key point of reference for the labelling duties of suppliers and dealers is Assimilated Regulation ( EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 establishing the energy labelling framework and repealing Directive 2010/30/ EU, known in GB as the Energy Labelling Regulation 2017 ( ELR 2017). Supplier: ELR 2017, article 2(14) defines this as a manufacturer established in GB, the authorised...
Key information EU PIC Regulation title: Regulation ( EU) 649/2012 of the European Parliament and of the Council of 4 July 2012 on the export and import of hazardous chemicals (recast) Entry into force: 16 August 2012 Applicable from: 1 March 2014 Transposition deadline: N/ A— Regulations apply directly to Member States and do not require national transposition Amendments: Commission Delegated Regulation ( EU) No 1078/2014 (7 August 2014) updating Annex I to Regulation ( EU) 649/2012 on the export and import of hazardous chemicals. In force: 4 November 2020; application: 1 December 2014 Commission Delegated Regulation ( EU) 2015/2229 (29 September 2015) revising Annex I to Regulation ( EU) 649/2012 on the export and import of hazardous chemicals. In force: 23 December 2015;...
A Block Exemption Regulation ( Block Exemption) is a measure issued by the European Commission ( Commission) that furnishes a legal footing for restraints which would otherwise fall foul of the ban in Article 101(1) TFEU, provided such restraints sit within that Block Exemption’s scope. Every Block Exemption rests on the assumption that any restrictive arrangement within its reach satisfies the four criteria in Article 101(3) TFEU required to obtain an individual derogation from Article 101(1) TFEU (see also, Introduction to the application of Article 101 TFEU to vertical agreements, Article 101(1) TFEU—the prohibition on restrictive agreements, and Individual exemptions under Article 101(3) TFEU). Accordingly, each Block Exemption Regulation establishes a safe harbour, shielding restrictive practices from legal challenge under Article 101 TFEU. The previous Vertical Agreement Block Exemption Regulation 330/2010 ( VBER 2010), which lapsed on 31 May 2022 (as well as...
Who is the General Optical Council ( GOC) The General Optical Council ( GOC), created as a corporate body by the Opticians Act 1989, exists to protect the public by promoting high standards in professional education, conduct and performance. Its purpose is to protect, promote and maintain: the public’s health, safety and well-being public confidence in the professions it regulates professional standards and conduct for Registrants and prospective Registrants proper standards and conduct for business Registrants This Practice Note summarises GOC fitness to practise proceedings, investigations, and applications for restoration to the Register. The GOC regulates registered Optometrists and Dispensing Opticians. In this Practice Note, a ‘ Registrant’ is: a registered Optometrist a Dispensing Optician student Optometrists a Registered Business This Practice Note should be read with the following: Practice Notes— Common principles in fitness to practise...
The Health and Safety Executive ( HSE) and local authorities, under the Health and Safety at Work etc Act 1974 ( HSWA 1974), are tasked with investigating breaches of workplace health and safety law and, in England and Wales, pursuing prosecutions where appropriate. In Scotland, prosecutions for safety offences are handled by the Crown Office Procurator Fiscal Service ( COPFS). Our resources from across Lexis+® UK provide insight and guidance on the principal health and safety duties placed on employers, the self-employed, employees and directors throughout the UK. These include content that explains: general health and safety duties......
1. What is the applicable legislation? There is no overarching law specifically established to regulate foreign investment in Hong Kong. 2. Which government or other body (or bodies) reviews foreign investments? Hong Kong currently has no single, dedicated authority formally appointed to supervise foreign investment. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non- EU / non- WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)? Although foreign investment is generally unrestricted in Hong Kong, foreign shareholding in the broadcasting (television and sound) sector is subject to particular limits, and notifications relating to foreign investment may, in some cases, be required. There are no constraints on the categories of investors, and no special rules apply to specific investor types, including state-owned...
This Practice Note outlines distinct categories of claims and considers which jurisdictional gateway(s) may suit an application to serve a claim form outside the jurisdiction. It should be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles). Breach of confidence claims Before October 2015, there was uncertainty over the correct gateway for a breach of confidence claim. That uncertainty ended on 1 October 2015, when gateway 21 took effect, expressly addressing claims for breach of confidence and misuse of private information. For guidance, see Practice Note: Cross-border service—jurisdictional gateways 21–23 (breach of confidence/misuse of information). Claims involving digital assets The legal framework and procedure for disputes concerning digital assets remain relatively new and continue to develop. When addressing questions of service, it is essential to understand the current position before serving a claim form in proceedings involving digital assets. For guidance, see Practice Note:...
What is the ECO? The ECO is an energy‑efficiency programme obliging major energy suppliers to install efficiency measures across existing homes and other domestic premises. It mandates support and finance of about £1bn per annum (at 2022 prices). Its focus is on helping to fit energy‑saving upgrades in low‑income households and neighbourhoods, and in hard‑to‑treat properties. ECO superseded earlier initiatives aimed at cutting carbon and saving energy in homes—the Carbon Emissions Reduction Target and the Community Energy Saving Programme. It pursues four policy goals: alleviating fuel poverty and supporting progress towards fuel poverty targets cutting carbon emissions lowering the cost of meeting the UK’s renewable energy target by promoting energy efficiency stimulating innovation across the sector ECO operates under secondary legislation: the Electricity and Gas ( Energy Company Obligation) Order 2022, SI 2022/875 (the ECO 2022 Order). The ECO 2022 Order was...
Context Under the European Green Deal, the EU has outlined bold goals to cut its greenhouse gas emissions steadily each year up to and beyond 2030, with the ultimate objective of reaching net zero emissions by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) sets a legally binding and enforceable duty on the EU to deliver a 55% drop in carbon emissions from 1990 levels by 2030, and to attain full carbon neutrality by 2050. The European Commission estimates that producing and using energy is directly responsible for over 75% of the EU’s greenhouse gas output. Rapid, far-reaching decarbonisation of the energy system is therefore essential to meeting both the 2030 and 2050 emissions goals respectively. To this end, the EU is designing and applying a comprehensive legal and policy framework for a...
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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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