Featured documents
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:
Most recent Practice notes
Introduction to EU REACH ‘ EU REACH’ refers to Regulation ( EC) 1907/2006 of the European Parliament and of the Council, which addresses the registration, evaluation, authorisation and restriction of chemicals. It took effect on 1 June 2007, replacing various EU Directives and Regulations with a single legislative framework that applies directly in all EU Member States. EU REACH places the responsibility for understanding and managing the risks of chemicals placed on the EU market—and their uses—on those who manufacture and/or import goods containing such substances. The primary aims of EU REACH are to: secure a high level of protection of human health and the environment enable the free circulation of substances within the EU market boost the competitiveness and innovation of the EU chemicals sector foster approaches other than vivisection and/or animal testing to assess the hazardous properties of...
This Practice Note summarises the European Commission, its structure and competences. As the EU body holding the right of initiative, it alone presents draft legislation and exercises significant executive authority in fields such as competition and external trade. Acting as the Union’s primary executive authority, it administers the EU budget and consists of the College of Commissioners from the Member States. The Commission oversees the application of Union law and adherence to the Treaties by the Member States; it also negotiates international agreements on the EU’s behalf. Legal basis Articles 17 and 18 of the Treaty on European Union ( TEU); Articles 234, 244 to 250, 290 and 291 of the Treaty on the Functioning of the European Union ( TFEU); and the Treaty Establishing a Single Council and a Single Commission of the European Communities (‘ Merger...
ARCHIVED: This Practice Note is archived and is no longer maintained Decision No 2009/406/ EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020—latest consolidated version ( July 2013) Entry into force: 25 June 2009 Transposition deadline: n/a Amendments: Annex III ( List referred to in Article 15 of the Act of Accession: adaptations to acts adopted by the institutions—8. ENVIRONMENT) to Croatia’s Act of Accession to the European Union modifies Annex II of the ESD to reflect Croatia’s obligations, namely an 11% commitment Subject: Climate change—climate targets; Sources of environmental law— EU environmental law Purpose and scope of the ESD Under the 2020 EU Climate and Energy Package agreed in 2007, the EU pledged to cut...
EU mandatory corporate sustainability reporting—core legal framework Corporate sustainability—meaning performance against environmental, social and governance ( ESG) benchmarks—has risen sharply up the agenda for investors, customers and employees in recent years. In turn, ESG criteria (also known as ESG metrics or factors) have expanded rapidly, offering standards by which the performance of an entity, most often a company, can be assessed. The central purpose of the EU and global mandatory and voluntary ESG reporting regimes now emerging is to compile quantifiable information that demonstrates whether corporate entities are truly ‘sustainable’ for each ESG metric relevant to their operations, and to make that information as transparent as possible for investors and other stakeholders. Within the EU, the chief legislation mandating sustainability reporting is Directive 2013/34/ EU on annual financial statements, consolidated financial statements and related reports of certain categories of undertakings (the EU...
This Practice Note outlines the Council of the European Union, including its make-up and competences. The Council of the EU—previously called the Council of Ministers—serves as the principal decision-making forum and, alongside the European Parliament, forms the Union’s legislature (it is also referred to simply as the Council). It speaks for the governments of the individual Member States. Legal basis Within the EU’s single institutional framework, the Council wields the competences granted to it by Article 16 of the Treaty on European Union ( TEU) and Articles 237–243 of the Treaty on the Functioning of the European Union ( TFEU). Do not confuse the Council with two similarly named bodies: the European Council, which sets the EU’s strategic direction and priorities. The European Council is not one of the Union’s legislating institutions, so it does not negotiate or adopt EU laws. Rather, it steers the...
1. Have there been any recent developments regarding the regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Gibraltar? The Competition Act 2020 came into force in Gibraltar on 1 January 2021 and serves as the principal statute for competition and merger control. It establishes the Gibraltar Competition and Markets Authority ( GCMA) for the purposes of certain mergers and grants it a range of functions and powers. The Act also makes provision for competition law and the abuse of dominant market positions in Gibraltar. Introducing a new merger control regime in Gibraltar—largely modelled on the Enterprise Act 2002 in the United Kingdom—the Act both creates the GCMA and appoints the Gibraltar Regulatory Authority ( GRA) as the designated competent authority to perform the GCMA’s functions, duties and...
ARCHIVED: This archived Practice Note distils a selection of employment cases on coronavirus ( COVID-19) highlighted by the Lexis+® UK Employment team, aiming to provide a snapshot of the kinds of disputes reaching tribunals and the stance being taken both there and on appeal. It is not a complete inventory of all significant decisions. Employment tribunal judgments sit at first instance and do not bind other tribunals. As tribunals decide matters by reference to the pandemic conditions and guidance in force at the relevant time, cases with comparable facts to those outlined below could now be determined differently. For matters that are appealed, see Practice Note: Case tracker— Employment. The legal context For general information on employer issues arising from coronavirus, see Practice Notes: Health and safety—protection from detriment and dismissal Living with coronavirus ( COVID-19) in the workplace from 24 February 2022 [...
This Practice Note This Practice Note examines Regulation ( EU) 655/2014, which establishes the European Account Preservation Order ( EAPO) procedure to streamline cross-border debt recovery in civil and commercial matters. The Regulation introduces a harmonised mechanism for enforcement against debtors, aiming to cut costs and delays in cross-border claims. Under the EAPO Regulation, creditors may obtain account preservation orders on uniform conditions, irrespective of the state in which the competent court sits. The note considers when EAPOs are available, the criteria for issuing an EAPO, and the procedure for applying. As third states and the Regulation’s Member States operate diverse debtor enforcement mechanisms and legal systems for granting such relief, the EAPO Regulation has brought substantial change to this area. An EAPO can only be pursued by creditors domiciled in a Member State and solely for bank accounts held in a Member State....
This Practice Note presents illustrative examples of how the court applies the guideline hourly rates ( GHR). The GHR are benchmark figures used for the summary assessment of costs, set out by pay band and grade of fee earner across different regions of the country. While conceived as a launching point for judges conducting a summary assessment, the GHR are frequently treated as the initial reference for fixing hourly rates on a detailed assessment. The current GHR have been effective from 1 January 2026 and were uplifted to reflect inflation. Earlier GHR applied during these periods—1 January 2025 to 31 December 2025, 1 January 2024 to 31 December 2024, and 1 October 2021 to 31 December 2023. Before 1 October 2021, there had been no revision since 1 April 2010. This Practice Note collates sample decisions demonstrating the court’s use of the GHR. It is...
This review examines the principal amendments to the Immigration Rules (the Rules) contained in HC 617. Released on 10 September 2021 with an Explanatory Memorandum, it is lengthy. Readers can jump to particular sections of this note rapidly via the Table of Contents bar on the left of the screen for quick navigation. Beyond unveiling the International Sportsperson route and renaming the remaining temporary work routes, the Statement of Changes makes numerous small adjustments across assorted areas of detail. These involve minor fixes to policy points and alterations to terminology/wording that have emerged in relation to routes streamlined for the post‑ Brexit Immigration framework in HC 813 as implemented. Frequently, revisions are delivered through wholesale paragraph replacement, which gives them a more weighty appearance than they truly warrant (and also increases the time a user must spend to pinpoint what has in fact been...
September 2021 30 September 2021: Temporary curbs on winding-up petitions and statutory demands lapse, replaced by fresh measures from 1 October 2021 (see below). See Practice Note: Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitions [ Archived], Corporate Insolvency and Governance Act 2020 ( Coronavirus) ( Extension of Relevant Period) ( No. 2) Regulations, SI 2021/718 and Corporate Insolvency and Governance Act 2020 ( Coronavirus) ( Amendment of Schedule 10) ( No. 2) Regulations 2021, SI 2021/1091. 30 September 2021: The relaxation of eligibility criteria for companies seeking a moratorium ends ( Corporate Insolvency and Governance Act 2020 ( Coronavirus) ( Extension of the Relevant Period) Regulations 2021, SI 2021/375). 30 September 2021: Coronavirus Job Retention Scheme closes. See Practice Note: Coronavirus Job Retention Scheme (extended version 1 May to 30 September 2021) [...
This Practice Note outlines Council Directive 93/13/ EEC of 5 April 1993, known as the EU Unfair Terms in Consumer Contracts Directive ( EU UTCCD). It summarises the background, scope, enforcement, and the latest developments relating to the EU UTCCD, and flags its context and purpose. It describes the overarching ban on unfair terms, the applicable ‘fairness test’, the grey list of terms identified in the directive, and the consequences where a clause is judged unfair. It also covers the transparency obligations set by the EU UTCCD. The Note highlights key features and effects addressed throughout the directive. For more on other key EU measures protecting EU consumers, see Practice Note: Key EU consumer legislation—summary. For more on EU consumer protection jurisprudence, see Practice Note: EU consumer protection cases...
This Practice Note explores how to identify contracts of insurance in English law. It looks at what amounts to a contract of insurance from the viewpoints of UK legislation and the common law, and the regulatory consequences of falling within that category. The problem The task of pinpointing which commercial arrangements ought properly to be treated as ‘contracts of insurance’ in English law is longstanding. Successive lawmakers have sought to regulate insurance and insurers, in one form or another, since Elizabethan times. Owing to the pragmatic bent of the English legal tradition, there is still no settled legal definition of a contract of insurance in English law, even though, in 2023, the UK was estimated to possess the world’s third‑largest insurance sector, with total gross written premiums of £300Bn. The European interlude From the UK’s entry into the European Common Market in 1972 until IP...
This Practice Note This Practice Note highlights practical considerations for advisers preparing fire safety defect claims. It builds on, and should be read alongside, Practice Note: Fire safety defect claims for construction lawyers, which addresses the legal questions that arise in such matters. The guidance is aimed chiefly at representatives of claimants in fire safety defect disputes, particularly where numerous leaseholders or owners bring claims against those responsible for the design and construction of the works—be that the original developer, a consultant, or another supplier (together referred to as the construction parties or the construction team). It serves as a checklist of lines of enquiry that parties may wish to pursue, to refine their statements of case and assemble the evidential foundation for their allegations. Doing so may reduce early procedural ‘skirmishes’ in litigation that can follow...
Civil justice reform See our Practice Note, Civil justice reform in Scotland—virtual hearings and electronic submission of documents, for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, sending and lodging of documents. This Practice Note focuses on factual evidence in Scottish civil proceedings. It explains: what factual evidence may and may not be led how to gather factual evidence (and when this may not be required) disclosure obligations in Scottish civil litigation and the effect of legal professional privilege how to place factual evidence before the court how to present the evidence in court Certain actions have special procedures that can influence how factual evidence is handled; these are covered as well (excluding family actions, which are not discussed in this Practice Note). For guidance on: matters to...
This Practice Note offers practical guidance on free trade agreements. It explains the differences between reciprocal and preferential trade agreements, and provides practical direction on the respective legal bases and the conditions that must be met in free trade agreements covering trade in goods and services. Introduction The World Trade Organization ( WTO) provides the shared institutional framework for managing trade relations among its Member States. The multilateral trade agreements, which bind all Members, are central to those relations. The two plurilateral agreements play a more limited role, as they concern only government procurement and trade in civil aircraft, and apply solely to those Member States that have acceded to them. Free trade agreements now hold a central place within the institutional structure of trade relations among Member States. There are hundreds of such agreements currently in force among Members. Member States are drawn to free trade...
This Practice Note sets out information on recent and upcoming changes to the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955—the principal procedural rules for family proceedings—together with all related Practice Directions. Amendments are set out by year from 2020 onwards. Some pilot schemes introduced in earlier years continue; see Practice Note: Pilot schemes in the Family Court. It also outlines changes to FPR 2010 arising from Brexit with effect from 11 pm on 31 December 2020 (implementation period ( IP) completion day), and from the Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) from 6 April 2022. For an index to FPR 2010 and the accompanying Practice Directions, consult Practice Notes: Family Procedure Rules 2010 index and Introduction to the Family Procedure Rules 2010. For details of how Brexit and the DDSA 2020 affect the FPR 2010, see: Brexit and DDSA...
This Practice Note outlines the threshold values that trigger the applicability of the EU public procurement Directives and the legal sources underpinning them. Relevance and setting of thresholds The EU public procurement Directives apply to contracts where the estimated value does not fall below the relevant threshold stated in each Directive (see Practice Note: The applicability of EU public procurement). These requirements are contained in: Article 4 of Directive 2014/24/ EU, the EU Public Contracts Directive Article 15 of Directive 2014/25/ EU, the EU Utilities Directive Article 95 of the EU Utilities Directive, which also sets a threshold for design contests run as part of a services procurement procedure above the applicable threshold. This threshold is the estimated value of the services contract net of VAT, including any potential prizes and/or payments to participants Article 8 of Directive 2014/23/ EU, the EU...
The background of the FCA’s client money requirements in relation to claims management activities On 1 April 2019, the FCA assumed responsibility for regulating claims management companies ( CMCs). CMCs carrying on regulated claims management work must now be authorised by the Financial Conduct Authority ( FCA). As part of this oversight, the FCA prescribes rules for CMCs that accept or hold client funds for customers when delivering claims management services, set out in chapter 13 of the FCA’s Client Assets Sourcebook ( CASS 13). For broader guidance on FCA regulation of CMCs, see Practice Note: FCA regulation of claims management companies—essentials. Before FCA authorisation applied, CMCs that handled client money were governed by the Ministry of Justice’s Client Account Rules 2006. The CASS 13 provisions address the same subjects, though they are more detailed. Additional obligations also apply, such as...
This Practice Note outlines the entitlements of European Union citizens to enter and reside under EU free movement rules. For these purposes, ‘ EU citizens’ refers to nationals of EU Member States. Nationals of the European Economic Area ( Norway, Iceland and Lichtenstein) likewise benefit from EU free movement law under Directive 2004/38/ EC, the Citizens’ Directive. Accordingly, references in this Practice Note to EU citizens also include EEA nationals. It is important to note that entry and residence on this basis arise as rights (under the Treaty on the Functioning of the European Union ( TFEU)), and EU citizens (and non‑ EU nationals) who fulfil the conditions for an EU right of residence, under secondary legislation, the Citizens’ Directive, are not obliged to secure leave to enter or remain in the host Member State. Rights of entry Under the Citizens’ Directive, EU citizens may enter the host...
Popular documents
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 ]...
Discover more from LexisNexis
