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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 year’s annual review reflects on key shifts in 2017 across family practice and procedure, and flags what lies ahead for 2018. Highlights from the last 12 months cover revisions to divorce processes, tweaks to the divorce petition ( Form D8) and statements of truth, advocacy for no-fault divorce, the separation of divorce and financial claims, and fresh provisions in the Family Procedure Rules 2010 ( FPR 2010), Pt 3A and PD 3AA concerning vulnerable individuals taking part in proceedings and giving evidence. You will also find updates to Lexis Nexis® content and a look at what’s planned over the coming year. Reviewing 2017 Relationship breakdown What happened? There were several amendments to FPR 2010, SI 2010/2955 in 2017 impacting relationship breakdown: a new practice direction, FPR 2010, PD 36D, introduced a divorce pilot enabling specified applications to be submitted through an online route the...
ARCHIVED: This Practice Note is no longer maintained and is provided for background reference only. In addition, some links may not lead to the provisions as they stood on the date this guidance was published. This year’s Dispute Resolution ‘starting and managing a civil claim’ annual review reflects on the stand-out developments of 2017 and signals what is anticipated for 2018, including: Continuing applications for relief from sanctions Privilege developments in SFO v Eurasian and inadvertent disclosure of privileged material Court guide updates concerning interim applications New hot-tubbing measures under Practice Direction 35, para 11 Settlement agreements Case law on applications for permission to appeal The CJC’s interim report on ADR Reviewing 2017 Case management What happened? Courts, including the Court of Appeal, continue to address applications for relief from sanctions. In R ( Kaur) v The Secretary of State For The Home Department, the Court of Appeal considered its...
Price is a pivotal consideration in any construction contract. The FIDIC forms of contract adopt two distinct ways of setting the price. The Red and Pink Books operate as remeasurement contracts, whereas the Yellow, Silver and Gold Books proceed on a lump sum fixed price basis. This Practice Note explores how the Contract Price in the 2017 editions of the FIDIC contracts ( Red, Yellow and Silver Books) is derived, and the mechanisms by which it can be adjusted. For an overview of price in the 1999 editions of the Red, Yellow and Silver Books, and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—price. Remeasurement In remeasurement contracts, an initial appraisal of the value of the works is obtained by measuring the quantity of each work item (set out in a document called a bill of...
Updated November 2025 Introduction The Argentine Republic comprises 23 provinces plus a federal district—the City of Buenos Aires, the nation’s Federal Capital. Sitting on the south-eastern edge of South America, Argentina ranks eighth worldwide by land area and second in Latin America, spanning roughly 3.8 million square kilometres (about 1.5 million square miles). Its population exceeds 45 million, with around 15 million residing in Greater Buenos Aires, and an overall density close to 15 inhabitants per square kilometre. With a GDP near US$633bn, Argentina stands among Latin America’s biggest economies. Yet recurrent swings in growth and entrenched institutional constraints have hampered development. Although urban poverty has fallen compared with the prior year, it remains elevated at roughly 32% of residents, according to recent data. In December 2023 a new right-of-centre coalition assumed office, pledging a shift towards more market-friendly measures, such as easing foreign exchange...
Updated in December 2025 Introduction Germany stands as Europe’s strongest economy and ranks among the largest worldwide. Its central position across the continent underpins a tightly knit infrastructure network. The country presents excellent business conditions and enjoys strong regard from overseas investors. Far-reaching structural reforms, together with restrained growth in unit labour costs, have markedly enhanced the competitiveness of German enterprises. Outstanding infrastructure and a highly qualified workforce further underpin long-term commercial success. The Federal Government has recently expanded public spending to unprecedented levels, with a particular focus on infrastructure investment. In addition, the legislature has widened depreciation allowances and resolved to lower corporation taxes. There are numerous options for structuring a venture in Germany. The purpose of this Practice Note is to flag key issues a new business should address before commencing operations in Germany. This Practice Note is not intended to be a...
Updated in June 2025 Introduction Set in the Eastern Mediterranean, Cyprus sits at the meeting point of Europe, Asia and Africa. It is a sovereign, independent republic operating a presidential system, under a written constitution that upholds the rule of law, political stability, human rights and private property. Cyprus has belonged to the EU since 1 May 2004 and adopted the euro on 1 January 2008. In the run‑up to accession, wide‑ranging structural and economic reforms reshaped the economy, fostering a modern, open and energetic business landscape. Since entry, the island has become a natural gateway for two‑way investment between the EU and global markets, notably the fast‑expanding economies of Russia, Eastern Europe, India and China. As an international business and financial centre, Cyprus is exceptionally well positioned. Beyond its strategic location, cosmopolitan character and appealing climate, it offers first‑class commercial...
Updated in April 2025 Introduction Companies are operating ever more across borders, spurred by the rise of online services. Yet while commerce may span jurisdictions, each territory preserves its own regulatory stance, customs and market practices. Before launching in a new location, businesses should weigh potential political or legislative exposure. Such risks differ by nation, and their salience shifts with the industry and the particular priorities of the enterprise. This note highlights key points to evaluate before entering a fresh jurisdiction. Numerous organisations assess how jurisdictions perform on critical dimensions. The World Economic Forum’s Future of Growth Report 2024 recognises many of these areas as key indicators when appraising a country’s economic climate and resilience. At the close of this note you will find links to country specific guides that provide deeper reviews of the principal legal matters to address when...
Police Scotland and the Crown Office and Procurator Fiscal Service Police Scotland (the Police) is the national policing body for Scotland, formed in April 2013. The service reports directly to the Crown Office and Procurator Fiscal Service ( COPFS), Scotland’s sole public prosecutor, charged with prosecuting crime in the public interest and investigating all sudden or suspicious deaths. See Practice Note: The investigation and prosecution of criminal offences in Scotland. Investigations into health and safety incidents in Scotland Under section 18 of the Health and Safety at Work etc Act 1974 ( HSWA 1974), the Health and Safety Executive ( HSE) is tasked with putting in place adequate arrangements to enforce health and safety legislation, thereby securing workers’ health, safety and welfare and protecting others, including the public, in meeting that duty. See Practice Notes: Health and safety investigations in Scotland and Powers of health and safety...
ARCHIVED: This material was published in 2017 and is now unmaintained. Market Standards’s newest trends report reviews current market practices and patterns arising from the FTSE 350 annual general meeting ( AGM) season 2017......
CASE HUB ARCHIVED This archived case hub records the position as at the decision date of 21 February 2019; it is no longer updated. See also the timeline and commentary. Case facts Outline The Financial Conduct Authority ( FCA) conducted an Article 101 TFEU/ Chapter I probe into four asset managers concerning an alleged infringement of competition rules by exchanging commercially sensitive pricing information for initial public offerings ( IPOs). Latest development On 21 February 2019, the FCA issued its decision concluding that three asset management firms had violated competition law. Penalties were levied on two of those firms. Parties Artemis Investment Management LLP ( Artemis), a prominent UK-based fund manager Hargreave Hale Ltd ( Hargreave Hale), a leading UK provider of investment management, stockbroking and fund management services Newton Investment Management Limited ( Newton), a UK-based global investment management firm, together with its ultimate parent, The Bank of New...
ARCHIVED: This Practice Note is archived and no longer maintained. Jackson LJ’s ‘ Supplemental Report— Fixed Recoverable Costs’ In July 2017, Lord Justice Jackson issued a report after reviewing fixed recoverable costs ( FRC). Completed on schedule with input from 14 assessors, it sets out several recommendations, namely: rolling out a FRC regime across all fast-track matters creating an intermediate track to which FRC would attach, for cases of moderate complexity that would otherwise sit in the multi-track, valued up to £100,000 widening the current Aarhus Convention style capped-costs model from certain judicial review claims to encompass all judicial review claims For fuller discussion of Jackson LJ’s report, see News Analyses: Fixed recoverable costs report 2017—a summary of conclusions; Will Jackson’s fixed costs proposals deliver access to justice?; and Alert: Review of fixed recoverable costs...
ARCHIVED : This archived Practice Note sets out the principal actions pension trustees and/or scheme sponsors were required to take in the run-up to 25 May 2018 to prepare for the commencement of the General Data Protection Regulation ( EU) 2016/679. It is provided for background purposes only, is not maintained, and should not be treated as current guidance. The General Data Protection Regulation ( GDPR) took effect on 25 May 2018, superseding and building on the pre-existing data protection legislation. It raises expectations to strengthen the protection afforded to individuals’ personal data. As data controllers, trustees and employers must be clear and transparent about what they do with personal data and how they use it. Individuals enjoy stronger rights over their information, and breaches of the law attract substantially heavier penalties. Accountability is fundamental: compliance must be demonstrable by adopting...
This Practice Note provides an overview of the law, guidance and practice concerning the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 ( BPR 2008), which govern business-to-business advertising in the UK. It outlines what constitutes misleading advertising, the parameters for comparative advertising, and the offences and due diligence defence under BPR 2008. For fuller guidance on the rules for comparative advertising, see Practice Note: Comparative advertising. Background BPR 2008 came into effect on 26 May 2008, implementing Directive 2006/114/ EC, the EU Misleading and Comparative Advertising Directive, into UK law. The regulations concentrate on business-to-business activity, forbid misleading business-to-business advertising, and set the conditions that comparative claims must satisfy to be lawful. At the same time, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008) took effect, implementing Directive 2005/29/ EC, the EU Unfair Commercial Practices Directive ( EU UCPD) into UK law....
Overview This Practice Note sets out what structured deposits are and discusses: the definition of structured deposits, the key components of a structured deposit, viewed from both the investor’s perspective and that of the bank receiving the deposit, and regulatory considerations, including activities regulated under the Financial Services and Markets Act 2000 ( FSMA 2000), possible cover for investors through the Financial Services Compensation Scheme ( FSCS), the possibility of holding a structured deposit within an Individual Savings Account ( ISA) under the Individual Savings Account Regulations 1998, SI 1998/1870, and how Assimilated Regulation ( EU) 1286/2014 (the UK PRIIPs Regulation) and the Financial Conduct Authority ( FCA)’s Consumer Duty apply to structured deposits marketed to retail clients. What are structured deposits? A structured deposit is a type of investment where: the investor places funds for a fixed period with a bank or other...
This Practice Note describes the written resolution route that directors can use to reach decisions instead of convening board meetings. It also looks at how sole directors make decisions under the model articles for private companies limited by shares. For guidance on the power and authority of directors to decide matters, whether as a full board or via a committee, on duties to consider when deciding, and on decision-making in group companies, see Practice Note: Directors’ decision-making—power, authority and duties. For details on calling board meetings, including giving notice, required content of notices, attendance and attendees at board meetings, see Practice Note: Directors’ decision-making—convening board meetings. For information on conduct at board meetings, including the role of the chair, quorum and voting requirements, declaring interests in transactions, and consideration of board papers and debate, see Practice Note: Directors’...
If an accident has caused a claimant to lose entitlement to the state pension, there is, at first glance, a possible claim for that loss. Yet, to judge whether a claim is sustainable, the practitioner must confirm that a shortfall exists and, if so, pinpoint how the entitlement was lost... How does a person qualify for the state pension? To qualify for the state pension, a person must: have paid, or been credited with, National Insurance contributions have reached the state pension age The new state pension The label ‘new state pension’ is not merely a convenient phrase. While it is hardly ‘new’, the term matters because it separates the scheme from the earlier long-standing system. Anyone reaching state pension age on or after 6 April 2016 must claim the new state pension. Confusingly, however, the individual’s National Insurance record before 6 April 2016 is used to...
Brexit impact At 11pm ( GMT) on 31 December 2020, the Brexit transition/implementation period ended, following the UK’s withdrawal from the EU. At that point—termed in UK law ‘ IP completion day’—core transitional arrangements ceased and far‑reaching changes started to operate across the UK’s legal system. On IP completion day, the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) introduced a new category of domestic law—retained EU law ( REUL)—comprising EU‑derived rights and legislation preserved in the UK after Brexit. On 29 June 2023, the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) received Royal Assent. REUL( RR) A 2023 reforms the treatment of REUL by: revoking substantial amounts of REUL from 31 December 2023 re‑labelling REUL as ‘assimilated law’ from 1 January 2024 creating new powers in relation to...
This Practice Note sets out the matters to weigh up before seeking the appointment of a welfare and/or financial guardian for anyone aged 16 or over in Scotland, under the Adults with Incapacity ( Scotland) Act 2000 ( AI( S) A 2000). For guidance on the court route for such applications, see Practice Note: Guardianship applications in Scotland—court process. For the statutory framework relevant to an application, see Practice Note: Adults with Incapacity ( Scotland) Act 2000. When should a guardianship application be considered? Consider a guardianship application where an adult has lost mental capacity, cannot handle their own welfare and financial matters, and there is no power of attorney in force. An adult is regarded as ‘incapable’ if they are unable to: acting making decisions communicating decisions understanding the decisions retaining the memory of decisions Such incapacity need not arise from a mental disorder (section 328 of the Mental Health ( Care and...
This Practice Note This Practice Note explores how advisers can steer the competing risks that arise in practice when an employer either omits to complete a compliant right to work check, or comes to doubt an employee’s entitlement to work. Where illegal working is suspected, several interlinked matters must be addressed, including: employment — employment law shapes the risks and liabilities flowing from an employer’s choice whether to dismiss and what steps to take if illegal working concerns emerge. Potential exposures include unfair dismissal (generally only engaging after two years’ service) and discrimination claims. For more information, see Practice Note: Illegal working: dealing with employees regulatory — an employer may face a civil penalty for employing someone who lacks the right to work. In addition, for sponsor employers, employing a person without the right to work in the UK places their sponsor licence at risk of...
ARCHIVED: This archived Practice Note explains that a ‘relevant debt’ is central to the remittance basis and is defined in section 809L(7) of the Income Tax Act 2007 ( ITA 2007). In broad terms, it is a liability incurred outside the UK in relation to property located in the UK or a service performed in the UK. The Note covers examples of what counts as a ‘relevant debt’, how foreign income or gains are applied towards that liability, and what is meant by the relevant debt being connected to the aforementioned property or services. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025, enacts the abolition of the remittance basis of taxation and introduces a residence-based regime with effect from 6 April 2025. FA 2025 also replaces domicile as the key...
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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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