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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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Assimilated Regulation ( EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation ( EC) No 842/2006 Entry into force: 9 June 2014, with application commencing on 1 January 2015. Implementing legislation in England and Wales: The Fluorinated Greenhouse Gases Regulations 2015, SI 2015/310 outline certification, assessment and attestation obligations, together with the offences and sanctions that apply to breaches of Regulation ( EU) No 517/2014. The Fluorinated Greenhouse Gases ( Amendment) Regulations 2018, SI 2018/98 introduce revisions, including replacing all prior criminal offences relating to fluorinated greenhouse gases ( F-gases) with civil penalties from 1 April 2018, except for the offence of deliberately releasing F-gases. Additionally, from 22 February 2018, a new offence was created concerning the disclosure of information held by Revenue and...
The problem: a local authority cannot contract with itself It is far from unusual for a local authority to progress development on land it owns. Paragraph 125 of the National Planning Policy Framework ( NPPF) positively urges local planning authorities ( LPAs) to champion and facilitate the reuse of under-utilised sites and buildings, particularly where this would address identified housing needs in areas with tight land supply and where existing plots could be deployed more efficiently. In such circumstances, the LPA ends up determining the authority’s own planning submission. Frequently, planning obligations under section 106 of the Town and Country Planning Act 1990 ( TCPA 1990) are required to secure necessary mitigation for the scheme before permission can be issued. Although the LPA in its decision-making role and the authority as proprietor exercise distinct functions, they ultimately comprise the same legal person. An entity cannot make a...
This Practice Note monitors live European Commission ( EC) trade remedy investigations. The Directorate General for Trade Defence within the EC examines dumping, subsidies and safeguards, and advises when anti-dumping, countervailing or safeguard measures should be applied to protect the EC’s domestic industries. It also undertakes numerous reviews of measures already imposed. Live EC trade remedy investigations and reviews. Citric acid— Case R851, People’s Republic of China: Expiry Review, Article 11(2); Notice of Initiation—14/04/2026. Grain-oriented flat-rolled products of silicon-electrical steel— Case SAFE011, Erga Omnes: Initial investigation SFG, Article 00; Notice of Initiation—27/03/2026. Aluminium extrusions— Case R850, People’s Republic of China: Expiry Review, Article 11(2); Notice of Initiation—27/03/2026. Copper tubes— Case AD750, Uzbekistan, Mexico, Vietnam, People’s Republic of China: Initial Investigation, Article 5; Notice of...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in substances and mixtures concerns not only the market in Great Britain ( GB), but also global commerce. Before the adoption of Regulation ( EC) 1272/2008 (the EU Classification, Labelling and Packaging Regulation ( EU CLP Regulation)) in 2009, harmonised rules for classification and labelling had already been developed at international level within the United Nations ( UN), culminating in the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS), intended to facilitate worldwide trade while protecting human health and the environment. The EU CLP Regulation came into force on 20 January 2009 in the EU (then including the UK), and Recital 6 states the aim to support global harmonisation of classification and labelling by incorporating the internationally agreed GHS criteria. Classification under the EU CLP has applied to...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in chemical substances and mixtures is not solely a domestic matter for Great Britain ( GB); it also affects the global market. Before Regulation ( EC) 1272/2008 — the EU Classification, Labelling and Packaging Regulation ( EU CLP) — was adopted in 2009, harmonised criteria for the classification and labelling of chemicals had already been developed at a global level within the United Nations ( UN), giving rise to the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS). This system was designed to facilitate worldwide trade while protecting human health and the environment. The EU CLP Regulation entered into force across the EU (then including the UK) on 20 January 2009, and Recital 6 states its aim of contributing to global harmonisation of...
Background to the Great Britain Classification, Labelling and Packaging Regulation Trade in substances and mixtures concerns not just the GB marketplace, but the worldwide market as well. Before Regulation ( EC) 1272/2008—the EU Classification, Labelling and Packaging Regulation ( EU CLP)—was adopted in 2009, common criteria for classification and labelling had been established internationally under the United Nations ( UN), producing the Globally Harmonised System of Classification and Labelling of Chemicals ( GHS), designed to ease global trade and safeguard human health and the environment. By establishing harmonised criteria at a global level, the GHS seeks to facilitate worldwide trade while maintaining protections for human health and the environment, supporting consistent classification and labelling practices across markets. The EU CLP took effect across the EU (which then included the UK) on 20 January 2009, and Recital 6 states its objective of...
CASE HUB ARCHIVED — this archived case hub reflects the position at the decision date of 15 December 2022; it is no longer maintained. See further, timeline. Case facts Summary of a UK merger investigation into Sika AG’s proposed acquisition of MBCC. The deal featured horizontal overlaps in the supply of chemical admixtures used within the construction sector. Latest developments On 15 December 2022, the CMA published its final report, finding that the transaction gives rise to a SLC in the supply of chemical admixtures for cement, concrete and wet mortar in the UK. To resolve the SLC, the parties offered a partial divestiture, involving the sale to a single purchaser of MBCC’s chemical admixtures business in the UK, across Europe and multiple other countries (including its central R& D assets). Parties Sika AG ( Sika): a Swiss-based multinational speciality company active across the...
This Practice Note sets out: This Practice Note explains the criminal offences that the Financial Conduct Authority ( FCA) is able to bring before the criminal courts. The FCA’s overarching policy on criminal prosecutions—together with its stated treatment of financial services offences arising from market abuse, and crimes under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLRs) and the Consumer Credit Act 1974 ( CCA 1974)—is contained in its Enforcement Guide. For prosecutions stemming from investigations begun before 3 June 2025, Chapter 12 of the Enforcement Guide ( EG 12)— Prosecution of Criminal Offences—remains the point of reference. This Practice Note also outlines the FCA’s approach under the updated Enforcement Guide ( ENFG) that applies to FCA investigations commenced on or after 3 June 2025 through the statutory appointment of...
ARCHIVED: This Practice Note is archived and no longer maintained. It covers the Finance Act 2023 ( FA 2023) and the Finance ( No 2) Act 2023 ( F( No 2) A 2023), which obtained Royal Assent on 10 January 2023 and 11 July 2023, respectively. Kept for historic interest, it traces the progress of both pieces of legislation from draft publication, through Parliament, to enactment, sets out key provisions, and flags significant events and documents, including published amendments relevant to their passage. The tracker is divided into three parts: Progress of FA 2023 and F( No 2) A 2023 FA 2023—measure by measure F( No 2) A 2023—measure by measure Progress of FA 2023 and F( No 2) A 2023 For an overview of the provisions in draft Autumn Finance Bill 2022 ( AFB 2022), which was enacted as Finance Act 2023, see News Analysis:...
This Practice Note forms part of a multi-jurisdictional guide outlining essential aspects of establishing specific business entities across global jurisdictions. Leading law firms in the Multilaw worldwide network respond to key questions on this topic. This edition sets out principal considerations when creating a representative office in Thailand. Current as at 13 January 2023. Authors: Kobkit Thienpreecha and Athistha Chitranukroh, Tilleke & Gibbins, a Multilaw member firm. Common entities Which entity type is addressed here, and which other commonly used forms are covered in separate responses? This response concerns the representative office. The public limited company and the private limited company are discussed in distinct responses. Identify other entity types that exist in this jurisdiction but are not covered at this time: Regional office Limited liability...
This Practice Note outlines Directive ( EU) 2019/633 of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (the EU UTP Directive). It sets out the background, scope and enforcement of the EU UTP Directive. It also clarifies which practices are permissible where the supplier and buyer have clearly agreed them in advance, and identifies those trading behaviours deemed unfair in all circumstances. The EU UTP Directive was adopted on 17 April 2019, Member States had to transpose it by 1 May 2021 and apply the measures by 1 November 2021. The Directive’s purpose is to protect weaker suppliers in the agriculture and food supply chain from stronger buyers. Background Over the last three decades, the business-to-business ( B2B) food and non-food supply chain across the EU has been shaped by increased...
UK financial sanctions obligations UK financial sanctions duties apply to every person and corporate body located in, or carrying out activities in, the UK. This Practice Note concentrates on what that means for firms authorised by the Financial Conduct Authority ( FCA) under the Financial Services and Markets Act 2000 ( FSMA 2000), and for e-money and payment institutions and cryptoasset businesses within the FCA’s supervisory ambit. The FCA does not enforce financial sanctions; its function is to see that the firms it oversees put in place sufficient systems and controls designed to meet the UK financial sanctions framework. This Practice Note sets out the FCA’s requirements and expectations for a firm’s financial sanctions systems and controls in relation to: risk assessments policies and procedures governance and senior management responsibility management information ( MI) resource provision ...
STOP PRESS : The 149th Update— Practice Direction Amendments includes a modification to Practice Direction 57— Probate from 1 October 2022 as follows: From 1 October 2022, the 149th Update— Practice Direction Amendments revises Practice Direction 57— Probate. In the Annex, a sentence is added immediately after ‘ I believe that the facts stated in this witness statement are true.’ It confirms that contempt of court proceedings can be commenced against any person who makes, or procures the making of, a false statement in a document verified by a statement of truth without an honest belief in its accuracy. This mirrors the 6 April 2020 revision to the statement of truth verifying a witness statement—see CPR PD 22 and Practice Note: Drafting witness statements—formalities and dealing with problematic witnesses— Statement of truth (available subject to...
ARCHIVED : This Practice Note has been archived and is not maintained. These Q& As address many of the most common queries on the EU Sustainable Finance Disclosure Regulation ( EU SFDR) regulatory technical standards ( RTS) ( Regulation ( EU) 2019/2088, as amended by Regulation ( EU) 2020/852). Product categorisation Article 8 features Principal adverse impacts ( PAI) data gathering Reliance on third-party data Human rights due diligence Implications for non- EU managers On 6 April 2022, the European Commission signed off the final RTS and their Annexes supplementing the EU SFDR ( Regulation ( EU) 2019/2088, as amended by the EU Taxonomy Regulation ( EU) 2020/852). EU SFDR places substantial ESG transparency duties on asset managers offering funds in the EU. The RTS set out compulsory website, pre-contractual and periodic reporting templates for financial market...
Introduction This Practice Note outlines the Financial Conduct Authority ( FCA)’s main areas of focus on sustainable finance and environmental, social and governance ( ESG) matters, covering the FCA’s ESG strategy; its work on climate-related disclosures; and sustainability disclosure requirements ( SDR) and investment labels (designed, among other aims, to build trust and address greenwashing). It also describes the FCA’s role in international reporting standards. For material on the UK Prudential Regulation Authority ( PRA)’s priorities—chiefly prudential supervision of climate risk management and related stress testing—see the Practice Notes on prudential supervision of climate risk management in the UK and on climate scenario analysis, stress testing and capital requirements in the UK. For the UK green taxonomy, see the Practice Note: Sustainability Disclosure Requirements and UK Green Taxonomy—government’s 2021 roadmap to sustainable investing. FCA’s priority areas as set out in its November 2021 ESG...
This Practice Note reviews Directive ( EU) 2019/1937 of the European Parliament and of the Council, dated 23 October 2019, on safeguarding persons who disclose breaches of Union law (the Whistleblowing Directive). It lays down rules and procedures to shield ‘whistleblowers’—people who, in a work-related setting, report information on violations of EU law in key policy fields—and, in defined circumstances, certain associated third parties. Member States had to transpose Directive ( EU) 2019/1937 into domestic law by 17 December 2021. Although implementation at national level began slowly, every Member State has now adopted at least one implementing measure. For further details, see: National implementation, below. The Directive is not part of retained EU law after IP completion day (31 December 2020) and therefore has no application in the UK. In October 2019, the UK government confirmed it would not take steps to transpose the...
This Practice Note outlines how an oral examination of a judgment debtor is conducted following an order to attend for questioning under CPR 71. It sets out the differing approach taken where the examination is before a court officer as opposed to a judge, indicates whether the hearing occurs in public or in private, and addresses the possibility of an adjournment. It also offers guidance on construing and applying the pertinent provisions of the CPR. Depending on the court in which the proceedings are taking place, you may need to consider further requirements—see the Court specific guidance below. For background to the CPR 71 regime, including who may invoke it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For the steps involved in securing an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR...
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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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