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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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A range of statutory obligations regulate the acquisition, retention, examination and dissemination of private material by public authorities for intelligence purposes. These frameworks comprise: Investigatory Powers Act 2016 ( IPA 2016) Regulation of Investigatory Powers Act 2000 ( RIPA 2000) Human Rights Act 1998 ( HRA 1998) Intelligence Services Act 1994 ( ISA 1994) Security Service Act 1989 ( SSA 1989) Computer Misuse Act 1990 ( CMA 1990) Wireless Telegraphy Act 2006 ( WTA 2006) Investigatory Powers ( Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018, SI 2018/356 The IPA 2016 is further supported by statutory codes of practice: Interception of communications: code of practice Equipment interference: code of practice Communications data: code of practice Bulk acquisition of communications data: code of practice Bulk personal...
This Practice Note outlines how appeals operate in Scotland for solemn criminal matters. For guidance on appeal processes in Scotland for summary crime, consult Practice Note: Scottish criminal appeals: summary procedure. For Scottish solemn criminal procedure, see Practice Note: Solemn procedure in Scottish criminal proceedings. More generally, refer to Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure A number of enduring reforms were enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews ( Scotland) Act 2025. These changes supersede earlier temporary measures introduced during the COVID‑19 pandemic. Practitioners should read every procedural reference in this Practice Note having regard to these statutory amendments. Electronic signatures and document transmission Pursuant to CP( S) A 1995, ss 303C–303F, documents within criminal proceedings may bear electronic signatures and be sent...
This Practice Note provides guidance on making an application for a freezing injunction (also known as a Mareva injunction or freezing order). It outlines the steps for seeking any type of freezing relief, whether a domestic freezing injunction, a worldwide freezing injunction ( WFO), or a notification injunction. As a freezing injunction is an interim remedy, familiarity with the core procedures for interim injunctions is essential, whether the application is made on notice or without notice. For further direction, consult the following Practice Notes: Interim injunctions—on notice applications Interim injunctions—without notice applications For the principles the court will apply when bringing or answering a freezing application, see Practice Notes: Freezing injunctions—guiding principles, and refer also to: Applying for a freezing injunction—checklist Responding to a freezing...
This Practice Note offers guidance on interpreting and applying the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you should also be alert to any additional provisions—see further below. What is the ‘ Chabra jurisdiction’? This Practice Note addresses freezing injunctions against third parties, rather than defendants in the litigation, pursuant to the Chabra jurisdiction. The label derives from Mummery J’s decision in TSB International v Chabra. In that case, the court granted a freezing order over a third-party company where there was a good arguable case that assets appearing in the company’s name were in fact beneficially owned by Mr Chabra, and thus those assets, or at least some of them, might be available to satisfy the claimant’s claims against Mr Chabra if the claimant were successful at trial. As a result, the courts’...
Asset disclosure orders in support of a freezing injunction This Practice Note offers guidance on asset disclosure orders made in aid of a freezing injunction (also called a Mareva injunction or freezing order). It sets out when the court may grant asset disclosure or further disclosure, the ambit of such orders, and briefly addresses confidentiality and the privilege against self-incrimination. It also covers orders concerning the source of legal funding and the cross-examination of a respondent about their assets. The Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the forum hearing your case, you should also be alert to any additional requirements—see the main section titled Court specific guidance below. For broader background on freezing injunction applications and the governing principles, see Practice Notes: Freezing...
CASE HUB ARCHIVED This archived case hub captures the position as at the judgment of 15 April 2021 and is no longer maintained. See the timeline and related/similar cases for further information. Case facts Outline Appeal brought before the Court of Justice against the General Court’s judgment in Case T-523/15, which rejected an action seeking annulment of the Commission’s decision concerning a cartel in retail food packaging trays ( AT.39563). Latest development On 15 April 2021, the Court of Justice handed down its judgment, dismissing the appeal in full. Parties Appellants: Italmobiliare Sp A, Sirap- Gema Sp A, Sirap France SAS, Petruzalek Gmb H, Petruzalek Kft., Petruzalek sro, Petruzalek sro (together, the Appellants) Defendant: European Commission (the Commission) Market(s) Retail food packaging trays. Rigid retail trays are produced from polystyrene foam or polypropylene. They are used to package food sold in shops or supermarkets, e.g. cheese, meat, fish or cake. While a...
CASE HUB NOTE—appeals lodged before the Court of Justice in Cases C- 353/21, C- 321/21 and C- 320/21 ARCHIVED — this case hub, now archived, records the position as at the judgments of 14 April 2021 and is not being maintained. See further, timeline. Case facts Ryanair filed actions for annulment before the General Court against European Commission decisions of 15 April 2020, 24 April and 18 May 2020 approving three State aid measures in Denmark, Sweden and Finland to assist airlines in the context of the Covid-19 pandemic ( Cases SA.56795, SA.57601 and SA.56809). Outline Case T- 378/20 Ryanair v Commission Case T- 379/20 Ryanair v Commission Case T- 388/20 Ryanair v Commission Latest developments On 14 April 2021, the General Court delivered three judgments dismissing each of Ryanair’s appeals in their entirety......
CASE HUB NOTE—appeal lodged before the CAT in 1429/4/12/21 Archived This archived case hub captures the position as at the decision dated 30 November 2021; it is no longer updated. See the timeline. Case facts Summary: a UK merger inquiry into Facebook, Inc’s (now Meta Platforms Inc) completed purchase of Giphy, Inc. The deal created overlaps in digital advertising services and in the supply of GIFs. Latest developments On 4 February 2022, the CMA issued a second penalty notice against Facebook, Tabby Acquisition., and Facebook UK Limited, jointly and severally, for breaching the IEO. A combined fine of £1.5m was levied. Under the IEO, Facebook had to promptly notify the CMA of any ‘material changes’ to the business—such as departures of key staff—and obtain prior approval before rehiring or reallocating duties. Following the departure of three key employees and the redistribution of their...
Introduction The UK ceased to be an EU Member State on exit day (31 January 2020). Pursuant to the Withdrawal Agreement, it then entered an implementation period during which EU law continued to apply. In short, EU rules continued to bind the UK throughout that interval, before the period finally ended there. That period has concluded, and the Insolvency ( Amendment) ( EU Exit) Regulations 2019 ( Brexit SI 2019/146), SI 2019/146 altered the Recast Regulation on Insolvency with effect from 11 pm on 31 December 2020, stripping out the principal operative provisions on automatic recognition. The policy underpinning Brexit SI 2019/146 was that leaving the EU should not curtail access to the UK courts (so certain jurisdictional rules are preserved), yet keeping unilaterally the substantial remainder of the EU Recast Regulation on Insolvency would have been unsuitable because it rests on...
This Practice Note sets out a summary of the scope and obligations arising under the EU Sustainable Finance Disclosure Regulation ( Regulation ( EU) 2019/2088) together with Commission Delegated Regulation ( EU) 2022/1288. Overview of EU SFDR and related regimes Regulation ( EU) 2019/2088 ( EU SFDR) on sustainability‑related disclosures for the financial services industry creates a disclosure and transparency framework for the EU financial sector as a whole. The EU SFDR sits within a wider EU sustainable finance rulebook of measures, most notably the EU’s Sustainable Finance Action Plan adopted in March 2018 ( Action Plan). For further details on the Action Plan (including a concise overview of the EU legislation that falls within it, such as the EU SFDR, the EU Taxonomy Regulation ( Regulation ( EU) 2020/852 ( EU TR)), and requirements on integrating...
Commercial contracts— Australia— Q& A guide This Practice Note offers a jurisdiction-specific Q& A on commercial contracts in Australia, featured in the Lexology Getting the Deal Through series by Law Business Research (published: October 2022). Authors: Baker Mc Kenzie— Adrian J. Lawrence; Caitlin Whale 1. Is there an obligation to use good faith when negotiating a contract? Australian contract law does not recognise a universal duty to act in good faith during negotiations. Courts have nevertheless found that an express agreement to negotiate a particular issue in good faith can be enforceable, provided the clause is drafted with sufficient clarity so it can be given practical effect. In limited contexts, a statutory requirement to negotiate in good faith may arise. For example, the Franchising Code of Conduct obliges the parties to a franchise agreement to act in good faith towards each other, including when...
This Practice Note on civil fraud claims This Practice Note on civil fraud claims examines the particular pleading demands and issues when preparing your particulars of claim alleging fraud and/or dishonesty. For early-stage steps when a client first suspects they may have a civil-fraud based claim, see Practice Note: Starting a civil fraud claim—a practical guide. For an overview of the various causes of action available in civil fraud, see Practice Note: Civil fraud—heads of claim. For broader direction on drafting particulars of claim, see Practice Note: Drafting the particulars of claim. This Practice Note also explains how the relevant provisions of the CPR should be interpreted and applied. Depending on the court in which proceedings are brought, additional requirements may apply—see the section Court specific guidance below. The following succinctly captures the approach required when pleading fraud: this is a fraud case; Jinxin must set out its...
This Practice Note addresses influencer marketing in Germany. It is written for social media talent (influencers) and for brand owners running advertising campaigns. It concentrates on labelling and disclosure obligations, the sanctions that may follow, and the way disclosure is regulated. It also looks at whether copyright subsists in sponsored material and highlights key clauses typically found in the relevant agreements. The nature of social media influencers Influencer marketing is a prevalent advertising method in which businesses engage an individual—the influencer—to endorse their products ( Higher District Court of Hamburg GRUR- RS 2020, 18139, para. 55; Zurth/ Pless, ZUM 2019, 414 (414 et seq.)). Influencers are attractive contractual and promotional partners because they may have amassed either a very large audience delivering wide reach (so‑called celebrity influencers) or a smaller, homogeneous community focused on a shared topic (so‑called...
This hub brings together Financial Services materials that pertain to EU law. For broader guidance on EU law, see EU structure, EU legislative process, EU judicial system, and EU rights and policies within the EU Law topic in the Public Law practice area. AIFMD EU AIFMD—essentials EU Cross- Border Distribution of Funds ( CBDF) package EU AIFMD II—key changes to AIFMD and UCITS UK AIFM regime—disclosure, reporting and anti-asset stripping requirements EU AIFMD—the marketing of AIFs, passporting and third-country regimes EU AIFMD—organisational, valuation and delegation requirements EU AIFMD—transparency rules and the prospectus EU AIFMD—depositaries EU AIFMD—remuneration requirements The European Long- Term Investment Funds ( ELTIF) Regulation—essentials European Venture Capital Funds ( Eu VECA) Regulation The European Social Entrepreneurship Funds ( Eu SEF)...
This page brings together Private Client materials addressing EU law, notably Regulation ( EU) No 650/2012 (the EU Succession Regulation, also called Brussels IV), and the consequences of Brexit for private clients and their advisers. For broader guidance on EU law, see EU structure ( EU Law)—overview, EU legislative process ( EU Law)—overview, EU judicial system ( EU Law)—overview and EU rights and policies ( EU Law)—overview within the EU Law practice area. Principles of private international law (conflict of laws) govern how UK law and EU law interact. See Overview: Private client and private international law—overview. EU Succession Regulation and Will drafting Will drafting—application of the EU Succession Regulation Validity of Wills—foreign element Use of foreign Wills Where a testator holds assets in the UK and real property in France and wishes English law to apply to their...
ARCHIVED: This Practice Note is archived and is not being maintained. This Environment cases tracker highlights key decisions and appeal updates of interest to Environment lawyers from 1 January 2021. The tracker is organised into: the Upper Tribunal the High Court of England and Wales the Court of Appeal the UK Supreme Court the Judicial Committee of the Privy Council Judgments and appeal updates appear under the court where the most recent judgment was delivered. Cases are listed in reverse chronological order, with the newest first. High Court of England and Wales Case: R (on the application of Plan B Earth and others) v The Prime Minister [2021] EWHC 3469 ( Admin) Judgment date: 21 December 2021 Key facts/analysis: At a renewal hearing for permission to pursue a judicial review alleging the government failed to take...
This table sets out all completed investigations by Guernsey’s competition authority (the Guernsey Competition Regulatory Authority—the GCRA) into suspected cartels, anti-competitive agreements and abuses of dominant positions since 2013. Note—only matters that have been made public appear here. 2023 Investigations under section 5 of the Competition ( Guernsey) Ordinance 2012 Optometric services — Unknown — Restrictive agreements — Investigation launched—17/05/2023 Investigations under section 1 of the Competition ( Guernsey) Ordinance 2012 The GCRA did not issue any decisions under section 1 in 2023. 2022 Investigations under section 5 of the Competition ( Guernsey) Ordinance 2012 The GCRA did not issue any decisions under section 5 in 2023. Investigations under section 1 of the Competition ( Guernsey) Ordinance 2012 The GCRA did not issue any decisions under section 1 in 2023. 2021 Investigations under section 5 of the Competition ( Guernsey) Ordinance 2012 Mobile networks — JT Group Limited and JT ( Guernsey) Limited; BTC Sure Group...
This Practice Note directs readers to resources on the correct execution of deeds and simple contracts by partnerships, limited partnerships and limited liability partnerships, and brings together guidance, precedent clauses and Q& As. Partnerships Execution formalities and clauses For detailed guidance on executing simple contracts and deeds for partnerships, see Practice Note: Execution formalities—partnerships. For illustrations of execution clauses where a partnership is entering into: a simple contract Further materials are linked within the Practice Note to support accurate and compliant execution across these structures......
Execution formalities This Practice Note directs you to relevant resources on signing documents personally, including guidance, Precedent clauses and Q& As. For guidance on the correct execution of simple contracts and deeds by individuals......
This Practice Note signposts resources on the correct execution of deeds and simple contracts by incorporated and unincorporated charities, private trusts and unincorporated associations, including guidance, precedent clauses and Q& As. Incorporated charities Execution formalities and clauses For guidance on proper execution by incorporated charities, see Practice Notes: Execution formalities—incorporated charities Executing deeds and documents in property transactions—charities Forming enforceable contracts—authority— Charities For examples of execution clauses where an incorporated charity is entering into: a simple contract (rather than a deed), see Precedent: Execution clause—charities (incorporated)—contract a deed (rather than a simple contract), see Precedent: Execution clause—charities (incorporated)—deed Co-operative and community benefit societies and execution clauses For information on co-operative and community benefit societies—what they are, the legal framework governing them, and guidance on structure and registration—see Practice Note: Co-operative and community benefit societies. For examples of execution clauses where a co-operative and community benefit society is entering into: a simple contract (rather than a deed), see...
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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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