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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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Scope of this Practice Note The Financial Conduct Authority’s ( FCA) chapter 4 of the Conduct of Business sourcebook ( COBS 4) broadly applies to firms when they communicate with a client or prospective client while undertaking designated investment business, Mi FID business, equivalent third country business or optional exemption business, and when they communicate or approve a financial promotion relating to investment business. This Practice Note reviews COBS 4.12A and COBS 4.12B, which set out the rules on promoting restricted mass market investments ( RMMIs) and non-mass market investments ( NMMIs). It also addresses the provisions in COBS 4.13 concerning the marketing of undertakings for collective investment in transferable securities ( UCITS). This Practice Note forms part of a wider series examining the COBS 4 rules and should be read alongside the following Practice Notes: Introduction to the FCA COBS 4 rules ...
This Practice Note monitors the ongoing revision of EU block exemption rules and related guidance, including: the Vertical Block Exemption Regulation ( VBER) and its Vertical Guidelines; the Research and Developments Block Exemption Regulation ( R& D Block Exemption Regulation) and the Specialisation Block Exemption Regulation, together known as the Horizontal Block Exemption Regulations ( HBERs), with the accompanying Horizontal Guidelines; the Motor Vehicles Block Exemption Regulation ( MVBER); the Liner Shipping Consortia Block Exemption Regulation ( CBER); and the Technology Transfer Block Exemption Regulation ( TTBER). It does not address block exemption regulations for State aid. For UK legislation on block exemptions and live policy work, see Practice Note: UK block exemptions revision—tracker. For EU competition law legislation, guidance and other policy developments in train, see Practice Note: EU competition horizon scanning—2025 and...
Types of tidal and wave technologies Tidal energy encompasses methods that capture the force of ocean water surging during the ebb and flow of tides. At present, tidal power falls into three principal types: tidal stream, tidal barrage and tidal lagoon. Tidal stream employs carefully sited turbines, either floating or fixed to the seabed, to extract energy from moving water as the tide comes in and goes out. Barrages are constructed across rivers, bays or estuaries, acting as a dam that holds water as the tide rises and releases it through turbines to generate power. Tidal lagoons are comparable to barrages, retaining water within a man-made coastal structure and generating power through turbines as the lagoon fills and empties. Wave energy describes technologies that harness kinetic energy from changes in the height and speed of ocean swell. Wave power is still in its infancy and there is no...
Introduction to geothermal energy Geothermal energy is the heat stored within the earth’s sub-surface. For the renewable power projects considered in this Practice Note, it means producing electricity by applying a range of technologies that use geothermal heat as the primary thermal input. For countries that can tap appropriate resources, geothermal generation can be central to the energy transition, tackling the familiar dilemma that arises when diversifying away from conventional plant towards renewables: how to secure a reliable, sustainable baseload supply in the absence of proven, large-scale, long-term battery storage. It also offers an important edge over pipeline gas and Liquid Natural Gas ( LNG)—another contributor of baseload capacity that still features in the transition, particularly in developing markets, by virtue of being cleaner than coal—because it is indigenous. Consequently, it cuts reliance on, and exposure to, the global hydrocarbon value chain and...
The Practice Note offers practical direction on the evidence used in anti-dumping investigations. It sets out the procedural obligations an investigating authority must follow when asking for evidence, the rights of interested parties to supply it, and their entitlement to protect their interests through submitting evidence. It also covers the duty to treat information as confidential when so claimed, the requirement to verify submitted material, and the circumstances in which investigating authorities may rely on other facts to reach a determination. It further considers occasions where the investigating authority may select only some interested parties to take part in an investigation. Initiation of investigation Before imposing anti-dumping duties, under the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994 (‘the Anti-dumping Agreement’) Member States must conduct an investigation. The investigation proceeds after it has been...
This Practice Note explains the definition and categories of life cycle assessments ( LCAs) as set out in international standards such as ISO 14040:2006 and ISO 14044:2006. It also outlines the methodology, phases and stages of LCAs before highlighting their benefits and relevance. What is a life cycle assessment? Under ISO 14040, a life cycle assessment is the compilation and appraisal of inputs, outputs and the potential environmental effects of a product system across its whole life cycle. ISO describes a product system life cycle as the consecutive, interlinked stages from raw material acquisition or extraction of natural resources through to final disposal, commonly termed a cradle-to-grave analysis. A product system covers both goods and services. By examining the complete life cycle of a product or service, a thorough and integrated review of all inputs and outputs is undertaken, allowing the total...
Introduction to the FCA's COBS requirements on distance communications, client agreements and cancellable contracts Introduction to distance communication requirements This Practice Note reviews the regulatory framework and guidance governing distance communications set out in chapter 5 of the Financial Conduct Authority's ( FCA) Conduct of Business sourcebook ( COBS 5). COBS 5 gives effect to provisions of the Distance Marketing of Consumer Financial Services Directive ( Directive 2002/65/ EC) (the DMD), as amended by the Unfair Commercial Practices Directive ( Directive 2005/29/ EC). The DMD covered consumer financial services, defining these as any banking, credit, insurance, personal pension, investment or payment service. Its objective was to ensure that consumers interacting with a financial services firm via distance sales channels are not placed at a disadvantage compared with those using traditional channels, by requiring that they receive minimum standard information about the firm they intend to deal with and...
This Practice Note outlines the available resources concerning safeguards and liabilities arising from acts or failures to act that constitute sexual orientation discrimination, or other forms of prohibited conduct linked to sexual orientation. The detail here is intentionally limited, as the principal aim is to point subscribers towards comprehensive materials contained in additional Practice Notes that explore each element in depth. Consequently, treat this Practice Note as an entry point for research; full coverage is provided only in the places signposted below. Its role is to point you forward, not to replace the comprehensive Practice Notes that address each strand of the topic at length, and the links below are where complete information is intended to be consulted and used. The characteristics protected The Equality Act 2010 ( Eq A 2010) affords protection against discrimination and other prohibited conduct connected to particular listed...
The following flagship financial services resources are available in Lexis+® UK and referenced throughout the Financial Services content, delivering practical commentary, legislation, rules and guidance for financial services lawyers in private practice or in-house. Access to these titles requires the relevant Lexis+® UK subscription(s). Annotated FSMA 2000 ( Archive) This resource offers active links to materials supporting all chosen provisions of the Financial Services and Markets Act 2000 ( FSMA 2000), together with commentary on each section and how it has changed over time. It is produced by an author team under the general editorship of Michael Blair QC. It will interest all financial services lawyers advising on every aspect of FSMA 2000, the principal statute regulating the UK financial services industry. Butterworths Securities & Financial Services Law Handbook This resource compiles the primary and secondary legislation that underpins the regulatory framework for the financial services...
Investigating criminal conduct The key Corporate Crime research resources below are signposted across the Corporate Crime practical guidance, offering valuable commentary, legislation, rules and practitioner guidance. The listed titles are accessible only with a subscription. Part D Procedure: Blackstone's Criminal Practice [ D1.1] Blackstone’s Criminal Practice brings together a distinguished team committed to delivering coverage tailored to criminal practice and definitive statements of the law in a clear, practical format. It is supported by a companion supplement containing essential primary materials and commentary updates throughout the year. Who should use this resource? All lawyers advising on criminal investigations in England and Wales. Police and Investigatory Powers: Halsbury’s Laws of England [1] Halsbury’s Laws of England provides the only comprehensive narrative exposition of the law of England and Wales, covering every proposition of English law. The work is arranged by title in alphabetical order, making it...
STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), with the approval of the President of the Family Division, replaces and supersedes: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge, whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court:...
What is settled land? Strict settlements 1925 ushered in a radical shift in the rules governing land ownership and the mechanics of transferring that ownership, namely conveyancing. In particular, the widespread habit of establishing successive interests in land was overhauled. The Settled Land Act 1925 ( SLA 1925) superseded the Settled Land Acts 1882 to 1890, carrying forward most, though not every, element of those statutes. In this setting, the doctrine of successive interests had produced the rather peculiar (to modern thinking) arrangement whereby two or more individuals held proprietary rights in the same land, yet only one enjoyed an immediate right to possess it. Put simply, one person held a life estate, with others acquiring a like entitlement only when the earlier life interest ended on death. The consequence was that land might be restrained for generation after generation. This was...
ARCHIVED : This Practice Note has been archived and is not maintained. Directive 2009/28/ EC of the European Parliament and of the Council, dated 23 April 2009, concerns the promotion of energy from renewable sources and also amended, then repealed, Directives 2001/77/ EC and 2003/30/ EC (the Renewable Energy Directive, RED). In force from: 25 June 2009 ( Article 28 of Directive 2009/28/ EC, RED). Transposition deadline: 5 December 2010 ( Article 27 of Directive 2009/28/ EC, RED). Amendments Council Directive 2013/18/ EU of 13 May 2013 adapted the RED following the Republic of Croatia’s accession. Note: it solely added Croatia’s renewable targets to Annex I, Part A. Directive ( EU) 2015/1513 of 9 September 2015 amended Directive 98/70/ EC on the quality of petrol and diesel fuels and revised the RED (text with EEA...
The key Construction resources on Lexis+® are referenced throughout the Construction materials, offering practical commentary, legislation, rules and guidance for construction lawyers in private practice or in-house. Access to the listed titles requires the appropriate Lexis+® subscription(s) Commentaries Emden’s Construction Law by Crown Office Chambers An in‑depth narrative covering all principal areas of construction law: formation and parties; scope of obligations; termination, compensation and related issues; duties owed to and liabilities affecting third parties; and dispute resolution, alongside analysis of the major construction contracts. For construction lawyers advising on contracts and disputes Manual of Construction Agreements ( Cockram) Part A delivers comprehensive commentary on the law and practice of construction contracts, with emphasis on leading standard form agreements, authored by Richard Cockram, a leading...
ARCHIVED: This Practice Note has been archived and is not maintained. This Environment consultations tracker tool sets out the latest position and updates on consultations run by government departments, regulators and other organisations relating to environmental law in England and Wales between 1 January and 31 December 2022. Any consultations still open as at 1 January 2023 can be found in: EU environment tracker 2024—chemicals and hazardous substances England and Wales environment tracker 2023—circular economy and sustainable products [ Archived] England and Wales environment tracker 2023—climate action, energy and emissions [ Archived] England and Wales environment tracker 2023—contamination, pollution and permitting [ Archived] England and Wales environment tracker 2023—environmental disputes, offences and enforcement [ Archived] England and Wales environment tracker 2023—environmental taxes, reliefs and incentives [ Archived] England and Wales environment tracker 2023—nature and biodiversity [ Archived] England and Wales environment tracker...
Contract management within the legal department Following an audit of contract management across your organisation (see Practice Note: How to conduct a contract audit), you should now appreciate what the present process involves, or that several parallel processes exist. With this understanding, you have the groundwork to take ownership of contract management within the legal team. Your set-up might be a tactical, short-term arrangement or a carefully planned strategic framework, with options in-between, shaped by your organisation’s size, nature and the resources at your disposal. The essential point is that whichever route you choose, it must clearly demonstrate it furthers your organisation’s objectives and boosts revenue. Before introducing a contract management system for the legal department, be clear about the rationale you will use to address any objections to the inevitable shifts in existing practices. The primary case is that how the legal...
These do not fall within the probate proceedings defined by CPR 57, yet personal representatives may still be compelled to address and/or respond to them through the courts. Will contracts Wills are, by their nature, revocable. Nonetheless, the revocability of a Will does not prevent a testator from binding themselves to its terms vis-à-vis a third party or parties. Once assets are committed under such an agreement, the personal representatives hold them as trustees to ensure performance. That bargain may, and commonly does, operate to the detriment of beneficiaries under the Will or on intestacy. As with any contract, however, there must be a binding commitment by the testator to dispose of their assets in a specified way. To establish a Will contract, two certainties are required: certainty of subject matter certainty of obligation If the agreement concerns real property and was made after 27 September 1989, it must also...
This Practice Note concerns the doctrine of fraudulent calumny in disputes contesting the validity of a Will. It deals with the following matters in particular: the test for fraudulent calumny whether the ‘purpose’ and ‘causation’ requirements must be satisfied to succeed with a claim procedure the particular challenges inherent in fraudulent calumny claims The test for fraudulent calumny What is fraudulent calumny, and how does it relate to other attacks on validity within this context? A Will is valid only if it satisfies the relevant formalities, the testator had testamentary capacity, understood and approved its contents, and it was not secured by undue influence or coercion. See: Probate actions (probate claims)—overview for further context. In appropriate circumstances, it may likewise be alleged that the provisions of the Will resulted from ‘fraudulent calumny’—that is, that one beneficiary deceitfully poisoned the...
This Practice Note offers an overview of the European Council, its make-up and powers. Composition and work organisation Recognised as an EU institution in 2009, the European Council indeed brings together the heads of state or government of the EU Member States, the President of the European Council and also the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy also takes part in its activities. It meets twice every six......
This Practice Note sets out a concise overview of the European Parliament, describing its make-up and functions. As one of the EU’s institutions, it wields legislative, supervisory and budgetary authority, shaping laws, overseeing other bodies and agreeing the EU budget... Composition and organisation The European Parliament is the EU’s only directly elected institution. EU citizens choose Members of the European Parliament ( MEPs) every five years. Each Member State elects a number of MEPs proportionate to its population; for the 2024–2029 term there are 720 MEPs in total. The Parliament must adopt its Rules of Procedures, which set out how it is organised and how it operates, as well as the statute that defines the rules governing the performance of MEPs’ duties. Within the Parliament, MEPs form groups based on political alignment rather than nationality......
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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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