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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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Under Directive 2004/38/ EC, the Citizens’ Directive Nationals of the European Economic Area ( EEA)—which includes the EU Member States, Norway, Iceland and Lichtenstein—benefit from EU free movement law. In this Practice Note, references to ‘ EU citizens’, meaning nationals of EU Member States, are understood to include EEA nationals. The Citizens’ Directive identifies two additional categories of relatives of EU nationals who are exercising treaty rights in another Member State, beyond those classed as direct ‘family members’: those in a ‘durable relationship’ with an EU national, which is ‘duly attested’; or ‘other family members’, who: were dependants of the EU national, or members of the EU national’s household, before the EU national came to the host Member State; or have serious health grounds that strictly require their...
This Practice Note offers guidance on completing the most frequently used application notice, form N244. It also explains how to interpret and apply the relevant CPR provisions. Depending on the court handling your case, you may need to consider further requirements—see the section Court specific guidance below. Notably, the Commercial Court and the Circuit Commercial Courts use their own versions of an application notice. For assistance, see Practice Note: The application notice in the Commercial Court—form N244( CC)... What is an application notice? An application notice is the document by which an applicant signals an intention to seek a court order ( CPR 23.1). A document will qualify as a valid application notice provided it: states the order sought and, in brief, the reasons for it ( CPR 23.6) is signed and sets out ( CPR PD 23A, para 2.1): ...
Company voluntary arrangements ( CVAs) are regularly employed by companies to deliver a restructuring (see: Company voluntary arrangements—overview) and have been used to compromise landlord liabilities (see News Analysis: A hat trick of leading decisions on creditor cramdowns—treatment of landlord groups in New Look, Regis and Virgin Atlantic). The Insolvency Service’s July 2024 statistics reported that CVAs were 64% higher in June 2024 than in June 2023, though volumes still sat below historic levels. This may reflect the rising preference for Part 26A restructuring plans to compromise landlord liabilities (see News Analysis: Market Insights Trend Report—trends in Part 26A restructuring plans in 2024 and Practice Note: Part 26A restructuring plan—key cases). Case tracker Key CVA cases since January 2021 include (most recent first): Robinson Webster ( Holdings) Limited — 30 January 2026 — Lord Justice Holgate and Mr Justice Mould — A CVA cannot...
Directive 2019/771: EU Sale of Goods Directive ( EU SGD) This Practice Note sets out a high-level summary of Directive 2019/771 ( OJ L 136/28) on specific aspects of contracts for the sale of goods, the EU Sale of Goods Directive ( EU SGD), adopted under the European Commission’s Digital Single Market agenda. The EU SGD confers a range of consumer rights and remedies in business-to-consumer ( B2C) contracts for the supply of goods and is complemented by Directive ( EU) 2019/770 ( OJ L 136/1) on certain matters relating to contracts for digital content and digital services, the EU Digital Content Directive ( EU DCD), introduced in tandem with the EU SGD. For details on the EU DCD, see Practice Note: The EU Digital Content Directive. The EU SGD repealed Directive 1999/44/ EC ( OJ L 171/12) on aspects of the sale of...
Introduction to FATF The FATF was founded in 1989 as an inter-governmental body that advances effective implementation of measures to combat money laundering and terrorist financing, as well as other threats to the integrity of the international financial system. Its membership, comprising jurisdictions and regional organisations, represents most major financial centres worldwide. It also includes many associate members and observer organisations. Its stated objective is to: ‘protect financial systems and the broader economy from threats of money laundering and the financing of terrorism and proliferation, thereby strengthening financial sector integrity and contributing to safety and security’. It delivers this by examining and developing measures to detect and prevent money laundering ( AML), combat terrorist financing ( CTF), and counter the financing of proliferation ( CFP) of weapons of mass destruction ( WMD). Other areas of focus for FATF include corruption, environmental crime, asset recovery,...
This Practice Note gives an overview of the European company, Societas Europaea, or ‘ SE’. It outlines how SEs are set up and run, their head office, share capital and shareholders, arrangements for employee participation, and the mechanism for shifting a head office from one Member State to another. What is a European company? A European company, also called a Societas Europaea ( SE), is a corporate body that can be created within the EU. Once entered on the register in the Member State where its principal office sits, an SE enjoys recognition across Europe and holds its own separate legal personality. What is a head office? ‘ Head office’ is not defined in EU legislation. The meaning of ‘head office’ was examined in the setting of Regulation ( EC) 1346/2000 on insolvency proceedings (now no longer in force) in the Opinion of Advocate General Jacobs...
This Practice Note offers an overview, addressing their formation, corporate status, membership, winding up, and the benefits and drawbacks. What is an EEIG? An EEIG brings together businesses or other bodies from separate Member States that wish to collaborate and carry on activities across borders. Its legal foundation is Council Regulation ( EEC) 2137/85 (the EEIG Regulation). That instrument permits Member States to enact specified domestic provisions concerning EEIGs. Consequently, EU jurisdictions vary in rules on legal capacity, governance and audit requirements for EEIGs. Accordingly, areas such as legal capacity, management arrangements and auditing may not be identical from one jurisdiction to another. Following the UK's withdrawal from the EU, EEIG registration in the UK ceased to be possible. New EEIGs could not be formed on the UK register, and existing groupings depended on the pre‑exit legislative mechanism effectively at that time. Before the transition period ended on 31...
ARCHIVED : This Practice Note has been archived and is not maintained . Context In 2050, with the global population projected to reach nine billion, fierce pressure on oil, gas and other resources is expected to push up the price of fossil fuels unless significant gains in energy efficiency are realised and greater funding is directed towards non-fossil energy. The EU could not remain passive and therefore set out what became the '2050 low-carbon economy roadmap' (the 2050 Roadmap). In 2011, the Commission issued its Communication titled A Roadmap for moving to a competitive low-carbon economy in 2050. The 2050 Roadmap sat alongside the 2020 EU Climate and Energy package for a resource-efficient Europe, defining the core elements to guide the Union's climate efforts so it can evolve into a competitive low-carbon economy by 2050. The strategy rested on the premise that...
This Practice Note outlines the principal changes made to several EU consumer protection laws by Directive ( EU) 2019/2161 ( OJ L 328/7), known as the EU Omnibus Directive. Background In April 2018, the European Commission unveiled the ‘ New Deal for Consumers’ package, aimed at bolstering consumer safeguards and enforcement throughout the EU. The package comprised two draft Directives, each of which has now passed into law: Directive ( EU) 2019/2161 ( OJ L 328/7) on enhanced enforcement and the modernisation of EU consumer protection rules, the EU Omnibus Directive Directive ( EU) 2020/1828 ( OJ L 409/1) on representative actions to safeguard the collective interests of consumers, the EU Representative Actions Directive The EU Representative Actions Directive repeals and replaces Directive 2009/22/ EC (the EU Injunctions Directive), aiming to strengthen mechanisms to halt unlawful practices and to enable redress for...
This Tracker reviews significant legislative changes, consultations and other developments of note for Dispute Resolution ( DR) practitioners, where matters are no longer live yet remain useful for historical reference. It spans alternative dispute resolution ( ADR), Brexit, debt management, civil procedure, consumer contracts, enforcement and the Solicitors Regulation Authority ( SRA). For live updates, see Practice Note: Tracker—legislation, consultations and other developments— Dispute Resolution. For lawtech tracking, see Practice Note: Tracker—cryptoassets for Dispute Resolution lawyers. ADR Consultation Civil Justice Council ( CJC) Interim Report on the future role of ADR in Civil Justice Key dates: October 2017–15 December 2017 Details: In January 2016, the CJC decided to convene a Working Group to examine how ADR (excluding arbitration) had been promoted and embedded within the civil justice architecture in England and Wales. The Working Group’s interim findings were released in October 2017. The CJC contended that ADR had not...
Context Human activity is increasingly altering the climate and lifting global temperatures by burning fossil fuels, clearing rainforests and rearing livestock. These actions add large amounts of greenhouse gases to those naturally in the air, strengthening the greenhouse effect and causing global warming. Some atmospheric gases behave like a greenhouse’s glass, trapping the sun’s heat and preventing it from escaping into space. Many are natural, yet human actions are raising the concentrations of several, notably: carbon dioxide ( CO2) methane nitrous oxide fluorinated gases CO2 is the greenhouse gas most commonly produced by people and is responsible for most man-made warming. Other greenhouse gases, such as methane and nitrous oxide, are released in smaller quantities, but they trap heat far more effectively than CO2. Rising emissions are driven by: burning fossil fuels (coal, oil and gas), which releases CO2 and nitrous oxide ...
CASE HUB ARCHIVED — this archived hub captures the position as at the decision date of 27 January 2022; it is no longer maintained. See further, timeline. Case facts Outline of the European Commission’s merger investigation into Meta’s (formerly Facebook) planned acquisition of Kustomer ( M.10262). The transaction features horizontal overlaps within the market for the supply of customer relationship management ( CRM) software. Latest developments On 27 January 2022, the Commission approved the proposed deal subject to commitments. It found that the transaction would create competition concerns in the market for the supply of CRM software, and in the market for the supply of customer service and support CRM software. The Commission concluded that, post-transaction, Meta would have both the capability and an economic incentive to pursue foreclosure strategies against Kustomer’s close competitors and new entrants, for instance by denying, limiting, or degrading access to...
This Tracker reviews the Guideline Hourly Rates ( GHR). These are the figures the court looks to, on summary assessment, to decide whether a solicitor’s hourly charges are reasonable for civil and commercial work. A series of reviews has taken place and is summarised below. Uplift to GHR on 1 January 2026 The Master of the Rolls ( MR) confirmed that from 1 January 2026 the GHR will be adjusted for inflation in line with the Services Producer Price Index ( SPPI). For further information, see: LNB News 02/01/2026 10— Master of the Rolls updates solicitors’ guideline hourly rates for 2026. Uplift to GHR on 1 January 2025 The GHR rose for inflation on 1 January 2025 in accordance with the SPPI. For more detail, see: LNB News 02/01/2025 32— Master of the Rolls announces update to Guideline Hourly Rates. Uplift to GHR on 1 January 2024 The GHR were...
CASE HUB NOTE—appeals lodged before the General Court in Cases T- 227/21, T- 23/22 and T- 755/21 ARCHIVED — this archived case hub reflects the position as at the decision date of 06/09/2022; it is no longer maintained. See further, timeline and commentary. Case facts Outline: European Commission merger review concerning the acquisition by GRAIL, Inc. of Illumina, Inc. ( M.10188). The deal features a vertical overlap in the market for the development and supply of cancer detection tests based on next generation sequencing ( NGS). Latest developments On 6 September 2024, the Commission announced the withdrawal of its decision in M.10188 (and its decisions in M.10493, M.10483, M.10938 and M.10939) following the Court of Justice’s judgment in Case C-611/22. Parties Illumina, Inc. ( Illumina): a global genomics company, incorporated and headquartered in the US, primarily engaged in developing, manufacturing and...
This Practice Note outlines the Prudential Regulation Authority ( PRA)’s rules on pay awarded by banks, building societies and systemically important investment firms to their staff, and traces how those rules developed from the legislation and provisions that transposed the EU Capital Requirements Directive 2013/36/ EU ( CRD IV) requirements. It also covers measures brought in by UK legislators and regulators after the UK left the EU in 2020, alongside the amendments set out in the joint PRA and Financial Conduct Authority ( FCA) policy statements PRA PS21/25 and FCA PS25/15 on the reform of the remuneration regime. Remuneration requirements under CRD IV and EU CRR Following the financial crisis, the Financial Stability Board ( FSB) and several national regulators assessed the governance and configuration of remuneration across the financial services industry. Their principal conclusions were that: firms (and supervisors) had not recognised how...
Since 1957, the free movement of persons has been one of four freedoms embedded in the treaty creating the European Economic Community (the Treaty of Rome), and it supports the EU’s single market. The remaining three relate to the free movement of goods, services and capital, and each rests on the rule that nationality must not be a basis for discrimination. Following the Treaty of Rome, and later secondary measures in 1964 and 1968, nationals of Member States and their family members acquired rights to enter and live in other Member States, subject to specified conditions and limits. Those rights and constraints are delineated in the 1957 treaty establishing the European Economic Community (the Treaty of Rome), its successor treaties, and in Directives and Regulations adopted under those treaties. Sources of law The Treaty of Lisbon provides the foundation of current EU law. It took effect on 1...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 30 June 2022; it is no longer maintained. See further, timeline. Case facts Outline: The European Commission conducted an Article 101 TFEU inquiry into whether Insurance Ireland limited access to the Insurance Link database, potentially breaching Article 101 TFEU ( Case AT.40511). Latest development On 30 June 2022, the Commission accepted commitments offered by Aspen and consequently closed the investigation. Under these commitments, Insurance Ireland undertook to: separate eligibility for the Insurance Link information exchange from Insurance Ireland membership revise Insurance Link admission standards so they are fair, objective, transparent and non-discriminatory, and apply them consistently to all applicants, both in Ireland and across other Member States create a new, time-bound Insurance Link application process overseen by an operationally independent Application Officer with adequate seniority and...
Practice Note This Practice Note presents a concise overview of key elements of the Fisheries Act 2020 ( Fi A 2020), described as the UK’s first wholly domestic fisheries law for 40 years. The Fi A 2020 received Royal Assent on 23 November 2020. Under Fi A 2020, s 54, commencement of certain provisions and schedules was deferred. Since 1 March 2021, every part of the Act has been in effect. From 31 December 2020, the UK Government has possessed full authority to determine who may fish within UK waters. The Fi A 2020 sets out measures concerning fisheries, fishing, aquaculture and marine conservation, creating the statutory framework for regulating UK fisheries and empowering government to make detailed secondary legislation for that purpose. Schedule 11 to the Fi A 2020 amended the Assimilated Common Fisheries Policy Regulation ( EU) No 1380/2013 (...
The freedom of information case archive captures and distils notable decisions and case law on the enforcement of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391. For background reading, see: Freedom of information—overview; Environmental information regulation—overview. Under each heading, the archive records previous rulings from the following: Court of Appeal ( CA) Upper Tribunal ( UT) Alongside the key elements of each ruling, where possible there are links to news analysis and commentary from the Freedom of Information Journal, available to Lexis®Library subscribers. For the most recent FIA 2000 and EIR 2004 rulings, see Practice Note: Freedom of information case tracker. For further archived decisions, see archived Practice Notes: Freedom of information case tracker [ Archived]; Access to environmental information case tracker [...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment dated 12/05/2021; it is no longer updated. See further, timeline Case facts Case facts Outline An appeal from the CAT’s judgment of 13 November 2020, which rejected an appeal against the CMA’s decision refusing Facebook derogations from an IEO imposed in connection with Facebook’s completed acquisition of Giphy via a stock conversion by its wholly owned subsidiary, Tabby Acquisition. Latest developments On 13 May 2021, the Court of Appeal issued its judgment, dismissing the appeal in its entirety. Parties Applicant Facebook, Inc, a United States‑based company, is a social media conglomerate. Facebook UK Limited provides sales support, marketing services and engineering support to the Facebook group and acts as a reseller of advertising services to larger UK customers (together,...
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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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