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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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CASE HUB ARCHIVED – this archived case hub reflects the position as at the decision date of 11 December 2018; it is no longer maintained. See further, timeline. Case facts The European Commission conducted a merger investigation into Thales’ proposed acquisition of Gemalto ( Case M.8797). The deal entails, in particular, a horizontal overlap in the market for hardware security modules at both European and global levels. Latest developments On 21 March 2018, the Commission granted conditional approval, subject to commitments. Under these commitments, Thales’ general‑purpose hardware security modules business is to be divested. Parties Thales S. A. ( Thales), headquartered in France, is a global group active in aeronautics, space, ground transportation, defence and security. Gemalto N. V. ( Gemalto), based in the Netherlands, is an international digital security company active in mobile platforms and services, mobile embedded software and products, smart cards,...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1154. HC 1154, published on 15 June 2018 with an accompanying Explanatory Memorandum ( EM), outlines updates of note for business immigration advisers. The package comprises: Revisions to Tier 2 ( General), including: removing the requirement for doctors and nurses to seek a Tier 2 ( General) restricted certificate of sponsorship ( RCo S) barring Tier 2 migrants from owning, even indirectly, more than 10% of shares in their sponsoring employer updating references to the Find a Job service, which supersedes Universal Jobmatch for meeting the resident labour market test ( RLMT) Amendments to the Rules on indefinite leave to remain ( ILR) for...
NOTE—appeals lodged before the Court of Justice in Cases C- 582/18, C- 587/18, C- 589/18, C- 590/18, C- 591/18, C- 591/18, C- 593/18, C- 594/18, C- 596/18, C- 599/18, C- 601/18, C- 606/18, C- 607/18 and C- 611/18 ARCHIVED This archived case hub captures the position as at the judgment of 12 October 2018 and is no longer updated. For more detail, see: timeline, commentary, and relevant/similar cases. Case facts Applications were brought before the General Court seeking, wholly or partially, to annul and/or to obtain reductions of the fines set in the Commission’s decision of 2 April 2014, which levied a total of €301.6m on manufacturers of high‑voltage power cables for their involvement in a global market‑sharing and customer‑allocation arrangement (the power cables cartel). Outline See also Case T‑419/14 The Goldman Sachs Group v Commission (power cables cartel) for a distinct case hub on the General Court’s ruling...
This Practice Note outlines details of the Finance Act 2019 ( FA 2019), which received Royal Assent on 12 February 2019. It is kept for historical reference, charting the legislation’s route through Parliament and providing a summary, with pertinent links, of each measure in the Act. The tracker is divided into three sections: Progress of FA 2019 FA 2019—measure by measure Items expected to be but not included in FA 2019 For an overview of the provisions of the Bill as released on 7 November 2018, see News Analysis: Publication of Finance Bill 2019 and consultations. For details of the draft legislation issued on 6 July 2018, see News Analysis: Legislation day: Draft Finance Bill 2019. For comprehensive tracking of the consultations mentioned, see: Tax—consultation and legislation tracker. Progress of FA 2019 This part of the Practice Note records the progress of FA 2019...
The strongest legal functions keep their gaze ahead, predicting shifts across the organisation and the wider sector, and planning how to steer the business through them. Yet the day-to-day can absorb attention. Regular team meetings provide space to look up, refocus on wider aims in a supportive, collaborative setting, and stay goal-oriented instead of reliving a ‘ Groundhog Day’ of recurring matters. This Practice Note offers in-house lawyers practical guidance on putting the right framework in place for structuring team meetings and nurturing a positive atmosphere at those sessions. The benefits of team meetings If the team resists regular legal team meetings, consider tips that reinforce your messaging and draw attention to their key advantages. Increased trust and transparency in teams Where colleagues mostly rely on digital channels—such as email or instant messenger—they may question what a team meeting delivers that those tools cannot......
Lawful grounds for data processing under the GDPR—summary for financial services firms This Practice Note outlines how financial services firms may rely on legal obligation or legitimate interest as a lawful basis for handling personal data under the General Data Protection Regulation ( EU) 2016/679 ( EU GDPR), and the Assimilated Regulation ( EU) 2016/679 ( UK GDPR), which applies in the UK. This overview focuses on reliance by firms in the financial services sector in particular. For general background on the EU GDPR and UK GDPR, see the following Practice Notes: Introduction to the EU GDPR and UK GDPR The Data Protection Act 2018 The Information Commissioner’s Office ( ICO) has issued guidance on the UK GDPR, which is available here. Note that the Data ( Use and Access) Act 2025 ( DUAA 2025) obtained Royal Assent on 19 June 2025 and partly...
This Practice Note This Practice Note offers details on, and links to, standard orders relating to domestic abuse, forced marriage and female genital mutilation ( FGM), issued by the standard orders group with the authority of the President of the Family Division, including occupation and non-molestation orders and orders under the Domestic Abuse Act 2021 ( DAA 2021). On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed that, with the President of the Family Division’s authority and after a review and consultation, the standard orders were formally updated to reflect ongoing shifts in law, practice and procedure and to secure consistency. See: LNB News 17/05/2023 88. On 1 June 2023, Peel J made necessary amendments to standard order 10.1—non-molestation order—and standard order 10.2—occupation order to correct an error in the warning notices. Updated house rules were also issued by Peel J on 17 May 2023 to be...
This Practice Note It sets out information about, and links to, immigration standard orders issued by the standard orders group, with the authority of the President of the Family Division. The group acts with the authority of the President of the Family Division. These include, in particular, a request for information directed to the Immigration and Asylum Tribunal, and an order requiring disclosure of information to that Tribunal. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, confirmed—with the President’s authority and following a review process and consultation period—that the standard orders had been revised to mirror developments in law, practice and procedure, and to promote consistency. See: LNB......
Practice Note This Practice Note sets out information and access to standard orders issued by the standard orders group with the authority of the President of the Family Division, relating to declarations, including declarations of legitimacy or legitimation, overseas adoptions, marital status, and parentage. On 17 May 2023, Mr Justice Peel, the judge overseeing standard orders, stated that, with the President of the Family Division’s authority and after a review and consultation period, the standard orders were updated to reflect developments in law, practice and procedure and to secure consistency. See: LNB......
Cryptoassets—the basics At its most basic, cryptoassets are a type of digital currency that uses cryptography to validate transactions conducted in that currency. Functioning without a central authority, they provide near-instant, pseudonymous transfers, operating outside the conventional banking system. For further reading on the formation of cryptoassets, see: Fintech—overview Cryptoassets—overview Practice Note: Web 3.0, digital assets and cryptoassets—essentials Insolvency and restructuring in the context of cryptoassets This Practice Note examines issues an insolvency professional (including an insolvency practitioner ( IP)) may encounter when appointed to handle a cryptoasset-related insolvency. It does not address the position of cryptoassets within personal bankruptcy. Although it is broadly accepted that legal and regulatory scrutiny of cryptoassets lags behind, legislators and regulators—alert to their rapid expansion and market capitalisation—are swiftly strengthening existing frameworks or crafting new regimes. For further information, see Practice Notes: UK regulation of...
What hedgerows are protected? Some hedgerows are controlled by the Hedgerows Regulations 1997 ( HR 1997), SI 1997/1160, made under the Environment Act 1995. Two tiers of protection apply, outlined below: a hedgerow meeting criteria on length and position in HR 1997, reg 3 cannot be removed unless the relevant local planning authority ( LPA) has been given written notice of the intended works the LPA may only stop removal if the hedgerow is also classed as an important hedgerow for the purposes of HR 1997, reg 4 In England, the Management of Hedgerows ( England) Regulations 2024 ( MH( E) R 2024), SI 2024/680 further require: a two metre buffer from the centre of an important hedgerow to be created and maintained, within which land cannot be cultivated and fertilisers cannot be applied no cutting or trimming of an...
This Practice Note forms part of a wider suite of Practice Notes on airline insolvency; for additional detail, see Practice Notes: Guide to airline insolvency—introduction Guide to airline insolvency—international considerations and implications for office-holders Insolvency proceedings Commencement of insolvency proceedings concerning an airline can carry differing implications for a financier, which will turn on both the category of procedure used and the way in which it is brought. Within the UK, the processes most often encountered in airline insolvencies are administration, liquidation and receivership (acknowledging that the last is, strictly, a contractual remedy rather than a formal insolvency process). Following the Corporate Insolvency and Governance Act 2020 ( CIGA 2020), a company may enter a standalone moratorium intended to provide limited protection from certain creditor claims and enforcement steps. To date, there have been no recorded instances of an airline entering such a...
ARCHIVED: This archived Market Standards trend report reviews dividend payment practice across the FTSE 350 in 2018. Entitled Dividends 2018, the archived Market Standards study explores how FTSE 350 companies approach the payment of dividends. Expert insights and contributions are provided by Martin Webster, Partner at Pinsent Masons LLP, Jonathan Beastall, Senior Adviser at Pinsent Masons LLP, Peter Swabey, Policy and Research Director at The Chartered Governance Institute (formerly known as ICSA: The Governance Institute), and the Stock Situations Team of the London Stock Exchange ( LSE). The trend report encompasses all FTSE 350 companies with a financial year ending between 1 July 2016 and 30 June 2017, which held their annual general within this archived Market Standards trend report publication context......
CASE HUB ARCHIVED this archived case hub captures the status as at the decision dated 27 November 2018; it is not being updated. See also timeline, commentary and related cases. Case facts Outline European Commission merger probe into the planned purchase by T- Mobile NL of Tele2 NL ( Case M.8792). The deal involves horizontal overlaps within the Dutch mobile telecommunications market. Latest developments On 27 November 2018, the deal received unconditional clearance after an in-depth phase II review. Parties T- Mobile NL supplies telecommunication services to private and corporate customers in the Netherlands. It is a MNO with nationwide coverage delivering 2G, 3G, 4G and Narrow Band- Internet of Things ( NB- Io T) mobile communications services. It also offers retail fixed services, including broadband Internet, TV and fixed telephony, based on wholesale access services. T- Mobile NL is a subsidiary of Deutsche...
This Practice Note outlines how a dispute progresses under the third edition of the ARIAS ( UK) Rules, adopted in 2014 (the ARIAS Rules). For an introduction to ARIAS, see Practice Note: Arbitration under the ARIAS ( UK) Rules 2014. Formal requirements Under ARIAS Rule 17, an award must: be set out in writing ( ARIAS, rule 17.2) be in the primary language of the arbitration ( ARIAS, rule 17.2) state the seat of the arbitration ( ARIAS, rule 17.2) state the date of the award ( ARIAS, rule 17.2) give reasons (unless the parties agree otherwise, or the tribunal issues a consent award at the parties’ request) ( ARIAS, rule 17.10) be signed by the sole arbitrator, the umpire, or two of the three arbitrators, as appropriate ( ARIAS, rule 17.3) The ARIAS Rules do not prescribe a time frame for when the...
In recent years, interest in information on medicines has risen steadily among a wide range of stakeholders, including the general public, patient associations, physicians, the pharmaceutical industry and academia. In response, legislators and medicines regulators have embraced a more open stance, enabling access to a broader set of documents and data on the quality, safety and efficacy of medicinal products than at any time before. Within the EU, the European Medicines Agency ( EMA) is the authority charged with protecting and promoting human and animal health. Among the EMA’s core duties are the scientific assessment of applications for marketing authorisation ( MA) via the centralised procedure, and the co-ordination of the EU pharmacovigilance system to monitor the safety of medicinal products. Consequently, the EMA holds extensive scientific and clinical data on medicines. There are multiple channels through which documents and information on medicinal products can be...
This Practice Note This Practice Note explores the law of limitation in Scotland. For guidance on: the law of prescription in Scotland, consult Practice Notes: Prescription in Scotland and Short negative prescription in Scotland—the prescriptive period for obligations to pay damages other central areas of Scots law and procedure, refer to our Scotland collection the nearest equivalent in England and Wales, see Limitation: general—overview, which outlines the topic and links to more detailed guidance on various aspects of limitation in England and Wales Key AEVA 2018— Automated and Electric Vehicles Act 2018 LR( MP)( S) A 1980— Law Reform ( Miscellaneous Provisions) ( Scotland) Act 1980 PL( S) A 1973— Prescription and Limitation ( Scotland) Act 1973 P( S) A 2018— Prescription ( Scotland) Act 2018 Difference between limitation and prescription in Scots law PL( S) A 1973, often called the ‘1973...
What are the Capacity Market Rules? The Capacity Market ( CM) was established by the UK government to secure dependable electricity capacity by encouraging private sector commitment and investment, thereby protecting security of supply in Great Britain ( GB). After extensive consultation, the CM was brought forward using powers in the Energy Act 2013 ( EA 2013). The principal instrument giving effect to the CM is the Electricity Capacity Regulations 2014 (the Capacity Regulations), SI 2014/2043, as amended. Alongside the Capacity Regulations, SI 2014/2043: section 34 of the EA 2013 empowers government, via the Secretary of State, to create and revise Capacity Market Rules ( CM Rules) that supplement secondary legislation made for the CM regulation 77 of the Capacity Regulations, SI 2014/2043, authorises the Gas and Electricity Markets Authority ( GEMA) to make or amend CM Rules governing the CM’s...
From 6 April 2017, the Equality Act 2010 ( Gender Pay Gap Information) Regulations 2017 (the Regulations), SI 2017/172, came into effect. Under these Regulations, SI 2017/172, large private and voluntary sector employers—those with 250 or more employees on 5 April each year—must publicly disclose certain gender pay gap data for relevant employees. This Practice Note examines how pay and benefits delivered through various employee share plans are treated for gender pay gap reporting and, in particular, how such plans are considered when assessing bonus pay and the gender bonus gap... Gender pay gap reporting—basic principles The Regulations, SI 2017/172 apply to all relevant employers. Relevant employers are private and voluntary sector employers with 250 or more employees as at 5 April each year. The term ‘relevant employer’ is defined as an employer with more than 250 employees on the relevant snapshot date of 5 April each...
This Practice Note provides an introduction to the data protection implications of establishing a global corporate whistleblowing scheme. To deliver effective corporate governance, companies need dependable ways to spot and remedy unlawful or unethical behaviour within their organisations. One means of meeting this aim is to set up internal whistleblowing arrangements, giving staff a trusted, confidential route to raise concerns about misconduct. Worldwide, more national laws are obliging businesses to put in place internal financial control procedures—often realised through whistleblowing frameworks. The US sets the pace with rigorous expectations for internal reporting and investigation of suspected wrongdoing under the Sarbanes- Oxley Act 2002 ( SOX). For a US‑regulated multinational, designing a uniform corporate whistleblowing programme across every territory in which it trades can be challenging. In Europe, organisations must also reconcile their governance goals with protecting the privacy rights of individuals named through 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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