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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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ARCHIVED: This Practice Note is archived and is no longer maintained. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Infringement A mark is infringed where, in the course of trade or business (section 18(1)–(4) of the Trade Marks Ordinance ( Cap 559) ( TMO)): an identical sign is applied to goods or services that are identical to those covered by the registration an identical sign is used for goods or services similar to those registered, and there is a likelihood of confusion a similar sign is used for goods or services that are identical or similar to those registered, and a likelihood of confusion arises if the mark is well known, an identical or similar sign is used for goods or services not identical or similar to the registration, taking unfair advantage of, or being...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It was first prepared for Lexis Advance® Practical Guidance Hong Kong. Legal principles Although Hong Kong forms part of the People’s Republic of China, it operates an independent legal system and, accordingly, an intellectual property regime separate from Mainland China and distinct from the Mainland framework. The Basic Law, Hong Kong’s mini constitution, guarantees a high level of autonomy and the continuation of laws previously in force in Hong Kong. In Hong Kong, copyright is treated as a property right, recognised and safeguarded both by specific copyright legislation and by the Basic Law itself. The Copyright Ordinance ( Cap 528) ( CO), which broadly mirrors the UK’s Copyright, Designs and Patents Act 1988, commenced in 1997. However, for works created before the CO came into force, the Copyright Act 1956 still governs the...
ARCHIVED: This Practice Note is no longer current and is not being updated. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Rights and assertion Beyond copyright, other rights may subsist in a work, including: moral rights technological measures applied to computer programmes and other copyright works publication rights rights in performances artist’s resale right To be enforceable, moral rights must be asserted. Assertion can be made generally or for specified acts, and may accompany an assignment or a licence of copyright, or be effected by a signed instrument. Section 90 of the Copyright Ordinance ( Cap 528) ( CO) identifies who is treated as bound by such assertion. For works of joint authorship, each contributor must assert their own right. Comparable rules apply to films. Although a film is regarded as a joint work, only the director benefits from moral...
A bill of exchange is a financial instrument used to move funds from one party to another without transferring the physical money. A promissory note is commonly employed in comparable trade finance contexts, but the key distinction is that a bill of exchange constitutes an order to pay (typically the drawer instructing the drawee to pay the payee), whereas a promissory note embodies a promise to pay (the maker promising payment to the payee). Bills of exchange and promissory notes are regulated by the Bills of Exchange Act 1882 ( BEA 1882). This Practice Note examines the form these instruments must take under the BEA 1882 and otherwise. Historically, bills of exchange and promissory notes existed only as paper documents. Since the Electronic Trade Documents Act 2023 ( ETDA 2023) took effect, however, electronic bills of exchange and promissory notes issued on or after 20...
CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 376/20 P ARCHIVED This archived case hub records the position as at the judgment of 28 May 2020 and is no longer maintained. For more detail, see the timeline, commentary and related cases. An appeal was lodged before the Court of Justice in Case C‑376/20 P. Case facts Outline Appeal before the General Court against the European Commission’s 2016 decision to block the proposed acquisition of Telefónica Europe plc by Hutchison 3G UK Investments Limited, taken under the EU Merger Regulation ( Case M.7612). Latest development On 28 May 2020, the General Court handed down its judgment, upholding the action and annulling the Commission’s prohibition decision. The court set aside the prohibition. The Commission’s analysis of unilateral (non-coordinated) effects contained multiple errors of law and appraisal and did not show, to a...
CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment dated 22 September 2020 and is no longer updated. See the timeline, related/similar cases and commentary. Case facts Outline Case C-594/18 P Austria v Commission—an appeal before the Court of Justice against the General Court’s judgment in Case T-356/15, which had rejected an action seeking annulment of the Commission’s decision. That decision found that revised UK measures to support the construction and operation of the Hinkley Point C nuclear power plant were compatible with State aid rules ( Case SA.34947). Latest development On 22 September 2020, the Court of Justice delivered its judgment, dismissing the appeal in its entirety. Parties Appellant: Republic of Austria ( Austria) Defendant: European Commission (the...
This Practice Note explores what fiduciary management services mean for occupational pension schemes, covering, among other aspects, the various models and providers, the reasons for opting for them and the possible hurdles, key points trustees should weigh when selecting a fiduciary manager, and the practical mechanics of delivery. For further detail on obligations placed on trustees of occupational pension schemes by the Competition and Markets Authority ( CMA) and the Department for Work and Pensions ( DWP) when appointing investment consultants and fiduciary managers, see Practice Note: Appointing investment consultants and fiduciary managers—the pensions requirements. What is fiduciary management? The concept first emerged in the Netherlands in the 1990s, with the UK’s initial mandate arriving in the early 2000s. Across the UK, defined benefit ( DB) schemes are the primary adopters, with only limited uptake among defined contribution ( DC) schemes....
ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Grounds for revocation of a patent Under section 80(1) of the Patents Act ( Cap 221), a patent can be revoked where: the invention is not patentable — it is not new, involves no inventive step and/or cannot be put to industrial use the grant was made to someone not entitled to it the specification fails to disclose the invention clearly and fully so a person skilled in the art can perform it the specification contains additional matter beyond what the application disclosed an amendment or correction to the specification was wrongly allowed the patent was procured by fraud, misrepresentation, or by non‑disclosure or inaccurate disclosure of prescribed material information there is double patenting for the same...
ARCHIVED This Practice Note has been archived and is no longer maintained. It was originally produced for Lexis Advance® Practical Guidance Singapore. General There are three routes to obtain design registration in Singapore: registration under the UK Registered Designs Act 1949 ( RDA 1949) a direct application in Singapore an international application that designates Singapore Registering a design under the UK Registered Designs Act 1949 A design registered under the RDA 1949 will be treated as a registered design for the purposes of the Singapore Registered Designs Act ( Cap 266) if: the design was registered under the RDA 1949 before 13 November 2000 the design had not expired or been cancelled on 13 November 2000 Such a design is termed a ‘ Relevant Design’. The registration date is as determined under RDA 1949, s 3(5). Initial period The registration of a design deemed to be registered under the RDA 1949 is for an initial period (...
ARCHIVED: This Practice Note is archived and is not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Introduction to moral rights Emerging from civil law traditions, moral rights are a set of non-transferable rights typically forming part of the copyright bundle, intended to protect authors on ethical grounds. These rights are set out in Article 6bis of the Berne Convention ( Berne Convention for the Protection of Literary and Artistic Works), which, in substance, states that, independently of an author’s economic rights and even after those rights are assigned, the author retains the right to claim authorship and to oppose any distortion, alteration, or other derogatory treatment of the work that would harm the author’s honour or reputation. Rights within moral rights As identified in the Berne Convention, there are two principal rights encompassed within moral rights: Right of...
ARCHIVED: This archived Practice Note outlines how the coronavirus ( COVID-19) pandemic impacted the running and procedures of the tax tribunals. It is current to 1 October 2021, is no longer updated, and is provided for background only. For further details, see Disputes with HMRC: appeals—overview and Practice Note: Appealing an HMRC decision. Appeals and applications before both the First-tier Tribunal and the Upper Tribunal were markedly affected by COVID-19. This guidance captures the position as at 1 October 2021. Throughout the pandemic the situation changed frequently. The Ministry of Justice issued regular notices, and it remains sensible to consult the Courts and Tribunals Judiciary website for the latest position. The Ministry of Justice also hosted a page bringing together coronavirus-related advice and guidance. This material included ‘pilot’ practice directions, announcements and guidance. They were labelled ‘pilot’ because they were introduced to address...
ARCHIVED This Practice Note has been archived and is not being maintained. Coronavirus ( COVID-19) Lawyers worldwide have been contending with shared concerns arising from the coronavirus ( COVID-19) pandemic. Several themes are of particular significance to banking & finance practitioners. For deeper insight, consult Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers, which collates news, practical guidance and analysis on the evolving impact of COVID-19. This Practice Note highlights the principal issues relevant to real estate finance during the COVID-19 period. For broader lending considerations triggered by the COVID-19 outbreak, see: Practice Notes: Coronavirus ( COVID-19)—implications for lending transactions Coronavirus ( COVID-19)— Banking & Finance frequently asked questions [ Archived] Impact on real estate finance COVID-19 has cut to the core of most real estate finance ( REF) deals, influencing asset valuations, rental cashflow and construction timetables. Both lenders and borrowers should...
Below, the spreadsheet outlines details of commitments approved by the European...
ARCHIVED: This Practice Note is archived and is no longer maintained. Coronavirus ( COVID-19) Lawyers around the globe have been tackling shared concerns arising from the coronavirus ( COVID-19) pandemic. A range of issues are especially pertinent to banking and finance practitioners. For deeper detail and commentary, see Practice Note: Coronavirus ( COVID-19) implications for Banking & Finance lawyers, which is regularly updated with news, practical guidance and analysis on the impact of COVID-19 developments. This Practice Note covers areas such as Force Majeure (which is not the same as the derivatives Force Majeure provisions) and the execution of documents, and explains the implications for various categories of banking and finance lawyers. It concentrates on the position of derivatives lawyers and the ways in which the COVID-19 pandemic has already affected the derivatives market, as well as the disruption expected to continue for the...
CASE HUB Archived —this archived case hub reflects the position at the date of the decision of 5 November 2020; it is no longer maintained. See further, timeline. NOTE—following the appeal lodged before the CAT in FNZ ( Australia) Bidco Pty Ltd v CMA, the matter was remitted to the CMA (see further, FNZ ( Australia) Bidco Pty Ltd/ GBST Holdings Limited (remittal investigation)). Case facts Outline UK merger review of the completed purchase by FNZ ( Australia) Bidco Pty Ltd of GBST Holdings Limited. The deal presents horizontal overlaps in the UK for solutions consisting of software and/or servicing to retail investment platforms. Latest developments On 5 November 2020, the CMA issued its phase 2 final report, concluding the merger has resulted, or could be expected to result, in an SLC due to horizontal unilateral effects in the supply of UK retail platform solutions....
ARCHIVED: This Practice Note is archived and no longer maintained This Practice Note outlines the continuing effects in Scotland of the Coronavirus ( COVID–19) pandemic across the following practice areas: Corporate Crime Dispute Resolution Private client Property Restructuring & Insolvency Key legislation applicable in Scotland The Coronavirus ( Scotland) Act 2020 and the Coronavirus ( Scotland) ( No 2) Act 2020 (together, the Scottish Coronavirus Acts) introduced time‑limited provisions to manage the pandemic. The Coronavirus ( Extension and Expiry) ( Scotland) Act 2021 brought to an end provisions no longer needed and prolonged those still required until the end of March 2022. The Coronavirus ( Scotland) Acts ( Amendment of Expiry Dates) Regulations 2022, SSI 2022/113, then revised the Scottish Coronavirus Acts so that Part 1 of each Act expired at the close of 30 September 2022. In parallel, the UK...
The table beneath outlines information on breach rulings made by the European Commission under...
Pensions disputes are frequently intricate and expensive, drawing in multiple participants, throwing up a wide range of questions and, in the end, dealing with very large sums. The result can bear upon the rights and interests of scheme members. Because many schemes have large memberships, and different groups may have competing interests in the outcome, it is generally impractical to join every member. In practice, representative beneficiaries (‘rep bens’) are used as a procedural and pragmatic device to simplify pensions litigation and are a routine element of most claims. That label can mislead, since individuals who are neither within the represented class nor beneficiaries at all may act in that representative role. This Practice Note addresses the making of representation orders in pensions litigation... What is a representative party? The representative rule originated in the procedure of the Court of Chancery before the Supreme Court of...
This Practice Note sets out guidance on interpreting and applying the relevant CPR provisions in practice. Depending on the court in which your case proceeds, you should also be alert to additional requirements—see the court-specific guidance below for further detail. It identifies when an interim injunction may cease (by expiry or discharge) or be altered, and considers the scope to modify undertakings, where appropriate. It also briefly touches on appeals arising in the interim injunction context. For general materials on injunctions, see: Interim and final injunctions—overview, together with the following supporting materials: Practice Note: Interim injunctions—the American Cyanamid guidelines Practice Note: Injunctions—key and illustrative decisions ( September 2019–2024) [ Archived] Opposing an on notice interim injunction application—checklist Opposing a without notice interim injunction application—checklist 6 April 2025 changes The CPR provisions concerning interim injunctive relief were updated with effect from 6 April 2025. In...
ARCHIVED: This archived Practice Note outlines the principal changes introduced to the Criminal Procedure Rules 2015, SI 2015/1490, by the Criminal Procedure ( Amendment) Rules 2020, SI 2020/32, which took effect on 6 April 2020. That version has now been repealed and superseded by the Criminal Procedure Rules 2020 ( Crim PR), SI 2020/759. See Practice Note: The Criminal Procedure Rules. Authorised court staff take on specified judicial functions Part 2 of the Crim PR (as amended) permits authorised court staff to carry out specified judicial functions in the Court of Appeal Criminal Division ( CACD), Crown Courts, the magistrates’ court (including extradition matters before a District Judge in the magistrates’ court), and the High Court (for extradition appeal proceedings). These provisions correspond to the Courts Act 2003 ( CA 2003) and the changes made by the Courts and Tribunals ( Judiciary and Functions of Staff) Act 2018,...
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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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