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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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This Practice Note points to resources on the correct execution of deeds and straightforward contracts by individuals or companies acting under a power of attorney, including guidance, precedent clauses and Q& As. Execution formalities For guidance on the......
This Practice Note sets out the core points to check when signing any document and directs you to the related associated guidance and materials. Ignorance of these fundamentals at the point of execution may render a document difficult, or even impossible, to enforce at law. The following topics are covered in outline: Formation of contracts Authority Capacity Contracts and deeds Counterparts Testimonium clause Witnessing Alterations and mistakes Location and jurisdiction Overcoming impairments Training materials Formation of contracts A contract is a binding legal arrangement that confers rights and imposes obligations on two or more parties. The jurisprudence on contract principles is extensive and is not examined in detail here in this Practice Note. Put simply, for a contract to arise at all, four essential elements must be in place: an offer has been made that offer has been accepted valuable consideration supports the promises being made the parties intend to create legal relations with one...
Legislative framework Extractive and mining waste is chiefly governed in England and Wales via Schedule 20 to the Environmental Permitting ( England and Wales) Regulations 2016 ( EPR 2016), SI 2016/1154. EPR 2016 implemented the original requirements of the Mining Waste Directive ( MWD). It is the primary legislation for the environmental permitting and compliance regime applying across a range of activities and industries. EPR 2016 consolidated and revoked the Environmental Permitting ( England and Wales) Regulations 2010 ( EPR 2010), SI 2010/675. What is ‘extractive waste’? Material from extractive operations represents one of the largest waste streams in England and Wales. It includes substances removed to access mineral resources—without being processed—such as topsoil, overburden and waste rock, together with tailings (the material remaining after extracting valuable constituents from an ore). Although some of these wastes are inert and unlikely to pose a...
ARCHIVED This Practice Note has been archived and is no longer maintained. It reviews the law and regulation concerning the corporate structure known as a UK Economic Interest Grouping ( UKEIG). A UKEIG originates from the European Economic Interest Grouping framework which, since the UK left the EU, is no longer available in the UK. It is provided for background purposes only. What is a UKEIG? In its guidance UK economic interest groupings ( UKEIG) and European economic interest groupings ( EEIG), the government explains that a UKEIG is an association formed by companies or other legal bodies, firms or individuals from different countries (within the EU or the UK) who need to collaborate across national borders. It undertakes specified tasks for its member-owners and is independent from the owners’ businesses. Its objective is to facilitate or develop the economic activities of its...
CASE HUB ARCHIVED — this archived case hub captures the position as at the judgment dated 22 December 2020; it is no longer maintained. See also the timeline and commentary... Case facts Outline An appeal by FP Mc Cann Limited against the fine arising from the Competition and Markets Authority’s decision of 23 October 2019, which found that three undertakings, including FP Mc Cann Limited, had infringed the Chapter I prohibition of the Competition Act 1998 and Article 101 TFEU by participating in a cartel spanning Great Britain concerning the supply of certain precast concrete drainage products... For its role in an arrangement to fix or align prices and market shares, and to share information, for precast concrete drainage products, the CMA imposed a penalty of £25,449,676 on FP Mc Cann Limited... Latest development On 22 December 2020, the CAT delivered its judgment, unanimously dismissing FP Mc Cann...
Appointing the tribunal Appointing the tribunal is a crucial stage in any arbitration. Selecting the right tribunal is essential to keep the arbitration running smoothly and to achieve a fair result. The method used to appoint the arbitral tribunal will depend on several factors, chiefly any provision agreed by the parties in their arbitration agreement or another written document—for further guidance on this, see Practice Note: Choosing your arbitral tribunal. This Practice Note examines the provisions on appointing an arbitral tribunal in arbitration proceedings under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules). Unless stated otherwise, references in this Practice Note to articles and appendices of the ICC Arbitration Rules are to the 2021 ICC Rules. The 2021 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2021, unless the parties expressly agree that an earlier...
This Practice Note explores the rules on evidence and hearings in arbitrations conducted under the 2021 International Chamber of Commerce ( ICC) Rules of Arbitration ( ICC Rules). Unless stated otherwise, any references in this Practice Note to articles or appendices are to the 2021 ICC Rules in this Practice Note itself. The 2021 ICC Rules govern all ICC arbitrations begun on or after 1 January 2021, save where the parties expressly agree that an earlier iteration of the ICC Rules will apply (eg within, or as reflected in, the arbitration clause). For links to guidance on the 2017 version of the ICC Rules, see: ICC arbitration—overview. Documentary evidence in ICC arbitration Documentary material is relevant throughout ICC arbitration and becomes prominent at different phases of the case during the arbitral proceedings. Broadly, the tribunal must move as swiftly as possible to ascertain the facts by every...
This Practice Note sets out when there is an obligation to register a trust with the Trust Registration Service ( TRS). The material presented in this table is drawn from the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as subsequently amended by the Money Laundering and Terrorist Financing ( Amendment) ( EU Exit) Regulations 2020 ( MLR 2020), SI 2020/991, together with the Money Laundering and Terrorist Financing ( Amendment) Regulations 2022 ( MLR 2022), SI 2022/137. On 15 March 2021, HMRC indicated that the original deadline of 10 March 2022 for registering trusts on the TRS, where registration is mandated under the EU’s Fifth Anti- Money Laundering Directive ( EU) 2018/843 (5MLD) and MLR 2020, SI 2020/991, would be deferred by around twelve months from the point at which the...
Note—to check whether notification thresholds in Ghana and across the globe are met, please see: Where to Notify. 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 Ghana? Ghana lacks a generally applicable merger control framework nationwide at present. There is likewise no overarching antitrust or competition statute in Ghana. Instead, sector‑specific legislation and their regulators advance fair competition, and, in particular industries, exercise merger oversight and related enforcement duties too. Before the 2024 Ghanaian general elections, the Ministry of Trade and Industry was reviewing a draft Competition Bill, intending to lay it before the previous administration’s Cabinet for approval thereafter. Since 2019, policy think tanks have pressed Government to prioritise enactment of the Competition Bill, arguing that competition legislation is indispensable to delivering phase 2 of the African...
Different definitions of COMI The phrase ‘centre of main interests’ ( COMI) frequently features in cross-border restructuring and, under the frameworks outlined below, (i) is defined in slightly varied ways and (ii) produces different consequences: Regulation ( EU) 2015/848 ( OJ L141 5.6.2015 p 19), the Recast Regulation on Insolvency ( EU Recast Regulation on Insolvency) operating between Member States (see Practice Note: Recast Regulation on Insolvency as between Member States—main, secondary and territorial proceedings) (and which formerly applied to the UK pre- Brexit), where COMI determines which courts may open ‘main proceedings’; the Assimilated Regulation ( EU) 2015/848 ( Assimilated Recast Regulation on Insolvency) (previously called the Retained Recast Regulation on Insolvency) as it applies in the UK post- Brexit, where COMI governs which courts may open ‘ COMI proceedings’ (see further discussion of effects below); the UNCITRAL Model Law on...
This Practice Note In international arbitration, it is now commonplace for parts of the procedure to be handled remotely, with some or all attendees joining by video link or by telephone. Before the coronavirus ( COVID-19) pandemic, parties and tribunals would frequently agree to conduct elements of a case remotely for numerous reasons, such as convenience, reduced cost or other efficiencies, or out of necessity—for instance, where a witness could not attend in person. Telephone or videoconference hearings are also employed in emergency arbitrator applications and under expedited procedure rules. During the pandemic, many arbitrations proceeded entirely online, with most or all participants physically separated. This Practice Note is designed to guide the conduct of remote hearings in international arbitration and sets out the following... Available formats for remote hearings Possible advantages of remote hearings, as well as associated concerns Legal...
This Practice Note offers a perspective on how the court decides whether to grant extra time, illustrated by sample decisions. The leading authorities, which articulate the principles applied by the courts, are collected in Practice Note: Extending time for service of the claim form—principles. For practical guidance on issuing an application to extend time, see Practice Note: Extending time for service of the claim form—making an application... Extension of time granted or upheld The following judgments demonstrate the court’s approach when allowing additional time for service, or when declining to overturn an order that extended time... Crossroads Corporate Finance ( UK) LLP v Ontario Management Ltd [2025] EWHC 1011 ( Comm) — The claimants obtained three extensions to the original validity period of the claim form before serving a defendant in Germany. Once service occurred, that defendant challenged the first and second...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 20 December 2022; it is no longer maintained. See further, timeline and commentary. Case facts Outline European Commission Article 102 TFEU investigations concerning: Amazon Inc’s handling of commercially sensitive information obtained from independent retailers trading on its marketplace ( AT.40462); and allegations of favourable treatment for Amazon’s own retail offers and for marketplace sellers that rely on Amazon’s fulfilment and delivery services ( AT.40703). Latest development On 20 December 2022, the Commission accepted commitments from Amazon, thereby bringing both investigations to an end......
ARCHIVED —this archived case hub reflects the position at the date of the decision of 30 September 2022; it is no longer maintained. See further, timeline and related cases Case facts Outline: The European Commission assessed suspected predatory behaviour by CD under Article 102 TFEU concerning rail passenger transport services, with particular attention to the Prague– Ostrava route in Czechia ( AT.40156). Latest development On 30 September 2022, the Commission reported that it had ended its inquiry. It determined that the material obtained did not adequately substantiate its earlier concerns......
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment of 15 July 2021; it is no longer being updated. See the timeline for more... Case facts Outline Case C-453/19 Deutsche Lufthansa v Commission—an appeal brought against the General Court’s judgment in Case T-492/15, which found inadmissible an action seeking annulment of the Commission decision approving aid to Frankfurt Hahn airport and Ryanair ( Case SA.21121)... Latest development On 15 July 2021, the Court of Justice handed down its judgment, rejecting the appeal in its entirety... Parties Appellant: Deutsche Lufthansa ( LH) Defendant: European Commission (the Commission) Market(s) Airport services and scheduled passenger air transport... Background From 2002 to 2006, the Commission received complaints from several parties alleging that Ryanair plc ( Ryanair) and Flughafen- Hahn Gmbh, the operator of Frankfurt Hahn airport, had been granted unlawful State aid by Fraport AG (until 31 December 2008 the parent...
1. What is the applicable legislation? Foreign investment control in Germany is chiefly regulated by: Foreign Trade and Payments Act ( Außenwirtschaftsgesetz— AWG) Foreign Trade and Payments Ordinance ( Außenwirtschaftsverordnung— AWV) The AWG sets out the core framework for screening, covering the legal and procedural consequences of reviews, relevant deadlines, and penalties for violations. The AWV operationalises the AWG, notably specifying which categories of investments are generally reviewable and which face tighter scrutiny. Although both the AWG and AWV have undergone substantial reform in recent years, the AWV is revised more often, as the Federal Government may implement changes without parliament. The latest AWV amendment was adopted in December 2022. In practice, the Act on the Federal Office for Information Security ( Gesetz über das Bundesamt für Sicherheit in der Informationstechnik— BSIG) and its subordinate Ordinance on the Identification of Critical...
This table provides an overview of all concluded inquiries by the French competition authority ( Autorité de la Concurrence— Ad C) into suspected cartels, anti-competitive arrangements and abuses of dominance ( Articles 101/102 TFEU) since 2018. Note—only matters disclosed publicly are reflected here... 2026 Investigations under Article 101 TFEU/ Article L 420-1 of the French Commercial Code Distribution of organic products Companies: Synadis Bio; Greenweez; ITM Entreprises; Les Comptoirs de la Bio Issue: Restrictive agreement—brand allocation Development: Infringement decision issued—16/04/2026; fines totalling €12.7m Electrical cables Companies: Nexans; Sonepar Issue: Restrictive...
A discussion with Ami Paanajärvi, partner, and Juhani Matinlassi, senior associate, in the Helsinki office of Nordic law firm Roschier Attorneys Ltd., on key issues in foreign direct investment ( FDI) control in Finland. 1. What is the applicable legislation? This area is regulated by the Act on the Monitoring of Foreign Corporate Acquisitions in Finland (172/2012) (the MFCA). 2. Which government or other body (or bodies) reviews foreign investments? Reviews are carried out by the Ministry of Economic Affairs and Employment ( MEAE). If the MEAE decides to refer a case, it goes to the Council of State, which is the only authority empowered to prohibit an acquisition. 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non- EU / non- WTO)? Are there specific rules for certain types of...
This Practice Note addresses London Court of International Arbitration ( LCIA) proceedings under the LCIA Arbitration Rules 2020 (the LCIA Rules), in force from 1 October 2020. For practical guidance on arbitrations conducted under the 2014 and 1998 LCIA Rules, refer to the relevant Practice Notes: LCIA arbitration—overview. Requirements of the award In general, on issuance of an award, parties ought to ensure it meets: the requirements of the arbitration rules governing the proceedings the laws of the seat of arbitration (in England, Wales and Northern Ireland, the Arbitration Act 1996 ( AA 1996)) the laws of the jurisdiction where enforcement is anticipated, to the extent needed for recognition and enforcement This Practice Note sets out the requirements applicable to an award made in an LCIA arbitration. For broader information on arbitral awards, see Practice Note: Arbitral awards—types and...
This Practice Note reviews the hearing of contempt proceedings under CPR 81 (also known as ‘committal proceedings’), covering whether the court will sit in public or in private, the directions the court will give in advance of the hearing, the timing of the hearing, and the evidence to be placed before the court at the hearing. It also considers what happens if the defendant is absent from the hearing, the defendant’s right to silence, and the defendant’s entitlement to legal aid, legal representation and/or an interpreter. Hearing to be in public The English judicial system proceeds from the fundamental principle of open justice, subject, on occasion, to permitted derogations. CPR 81.8(1) provides that: ‘all hearings of contempt proceedings shall, irrespective of the parties’ consent, be listed and heard in public unless the court otherwise directs.’ This mirrors the provisions set out in CPR 39.2, which states that the...
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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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