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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 See further, timeline. Case facts Summary of the European Commission’s FSR probe into CECONOMY AG’s planned purchase of JD.com, Inc. The deal presents vertical overlaps linked to the supply of consumer electronics and home appliances... Latest developments On 28 May 2026, the Commission sent the transaction to a phase II review. It is concerned that JD.com, Inc. may have received foreign subsidies that could distort the EU internal market... Parties JD.com, Inc ( JD.com): Headquartered in the Cayman Islands, JD.com is a holding company overseeing a group that operates a retail business......
This Practice Note summarises a range of illustrative Scottish court decisions concerning contractual disputes. Although every dispute requires examination on its own distinct factual and legal footing, appreciating how the principal legal rules operate within actual scenarios is helpful. For guidance on the well-established general principles relevant to interpretation and remedies for breach, see our E& W guidance: Contract interpretation-overview Contractual breach damages and remedies-overview For further material on Scottish civil litigation, consult our topic: Scottish dispute resolution, which signposts more detailed guidance. Case details and analysis BPL Contracts ( Scotland) Ltd v Beattie FRC Ltd 6 March 2026 | Court of Session, Outer House | [2026] CSOH 22 Nature of dispute The dispute stemmed from the Aberdeen Harbour expansion works. The defender acted as main contractor, with the pursuer engaged for two work packages: the Crown Wall works and the Pavement Slab works. Both...
Ireland- Banking & Financial Services horizon scanner 2025 This horizon scanner monitors key milestones and developments shaping the Irish Banking & Financial Services sector. It maps the evolution of Irish legislation-covering Bills in progress, Acts in force and Statutory Instruments-delivers updates on judgments from the Irish Supreme Court and Court of Appeal, and provides a quick view of ongoing consultations and inquiries alongside Central Bank guidance for the sector. Please suggest topics for inclusion via: irelandcurrentawareness@lexisnexis.com. For analysis of forthcoming milestones and dates for financial services lawyers concerning UK and EU legislation, rules and guidance, see Practice Notes: Banking & Finance-key dates and future developments tracker: 2025 and beyond Key dates for Financial Services-horizon scanner Trackers and Timelines-financial services Legislation This tracker assists Irish banking and financial services practitioners in staying up to date with Acts of the Oireachtas and Bills under...
STOP PRESS: This tracker will be updated as soon as there is relevant material. It collates and summarises significant new legislation and consultations in England and Wales relating to nature and biodiversity. The tracker is arranged into the following parts: Legislation— highlighting notable forthcoming laws of interest to environment lawyers in England and Wales taking effect from 1 January 2026. Consultations— setting out the current position and latest developments for consultations open from 1 January 2026, or launched earlier but still open on 1 January 2026, run by government departments, regulators and other bodies on environmental law in England and Wales, and consultations by these bodies on environmental law in England and Wales that closed from 1 January 2026. For anticipated future developments, see Practice Note: Environment—horizon scanner. To monitor EU activity in this field, see: EU...
On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...
This Energy consultations tracking tool sets out the latest position and updates on significant consultations run by government departments, regulators and other organisations concerning energy law and policy in England and Wales from 1 January 2026. The tracker is divided into the following jurisdictions and sections: open consultations closed consultations For details of earlier consultation trackers, see: Energy consultations tracker 2025 Energy consultations tracker 2024 Energy consultations tracker 2023 [ Archived] Energy consultations tracker 2022 [ Archived] Energy consultations tracker 2021 [ Archived] Energy consultations tracker 2020 [ Archived] Energy consultations tracker 2019 [ Archived] Energy consultations tracker 2018 [ Archived] Energy consultations tracker 2017 [ Archived] Energy consultations tracker 2016 [ Archived] For the latest position and updates on key consultations led by EU institutions and regulators concerning EU energy law and policy from 1 January 2026, see Practice Note: EU energy cases tracker 2026. England and Wales Open...
Energy legislation tracker tool This tracker highlights key legislation of interest to energy lawyers from 1 January 2026, presented in reverse chronological order. Measures applying solely to Wales ( Wales Statutory Instruments— Wales SI) are flagged on the tracker. For earlier trackers, see: Energy legislation tracker 2025 Energy legislation tracker 2024 Energy legislation tracker 2023 [ Archived] Energy legislation tracker 2022 Energy legislation tracker 2021 [ Archived] Energy legislation tracker 2020 [ Archived] Energy legislation tracker 2019 [ Archived] Energy legislation tracker 2018 [ Archived] Energy legislation tracker 2017 [ Archived] Energy legislation tracker 2016 [ Archived] England and Wales Contracts for Difference ( Allocation) ( Amendment) Regulations In force: on the day after they are made SI 2026/ Draft: Draft...
This Practice Note This Practice Note reviews the suite of EU design measures that refreshes the EU design framework and makes securing protection for industrial designs in the EU cheaper, faster, more predictable and consistent across the Union. The core package consists of the following instruments set out below: Regulation ( EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024 amending Council Regulation ( EC) 6/2002 on Community designs and repealing Commission Regulation ( EC) 2246/2002 (the Amending Regulation) Directive ( EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs (recast) (the Directive) The Amending Regulation updates the unitary EU design system by revising Regulation ( EC) 6/2002. Beyond changes to the way the system currently functions in practice, it also refreshes the...
STOP PRESS: Amendments to the EU Water Framework Directive will take effect on 10 May 2026 via Directive ( EU) 2026/805, published in the Official Journal on 20 April 2026. Member States must transpose these changes into national law by 21 December 2027. This Practice Note is being updated to reflect the revisions. Key information Water Framework Directive title: Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy ( WFD) Entry into force: 22 December 2000 Deadline for transposition: 22 December 2003 National transposition measures: See Eur- Lex information on national transposition measures, as provided by Member States Subject: Water; water pollution; nature restoration Purpose and objectives The WFD sets a legal framework for safeguarding inland surface waters,...
This Practice Note serves as a horizon scanner tracking forthcoming developments in UK commercial law. It highlights diary dates, including projected timings where exact dates are unknown, and offers relevant commentary across: Legislation: Bills in progress Acts not yet in force, partly in force or introduced in stages Statutory Instruments in progress Case appeals: Supreme Court Other key developments: Consultations Calls for evidence Inquiries This scanner does not include past...
This Practice Note is a retrospective tracker cataloguing UK commercial law developments in 2026: legislation in force ( Acts and Statutory Instruments), judgments from the Supreme Court and Court of Appeal, plus concluded consultations, calls for evidence and inquiries. Earlier coverage can be found in 2025 [ Archived], 2024 [ Archived], 2023 [ Archived] and 2022 [ Archived]. It is designed to sit alongside, and complement, Practice Note: Commercial—horizon scanner, which monitors forthcoming changes, including Bills and Statutory Instruments still in progress. Once a date on the Horizon Scanner has elapsed, the entry is transferred here for the record. This tracker comprises: Legislation Acts in force Statutory instruments in force Cases Supreme Court ...
Practice Note: Consumer Rights Act 2015—services This Practice Note reviews the Consumer Rights Act 2015 ( CRA 2015) insofar as it concerns services, and outlines consumers’ statutory entitlements under the CRA 2015 in relation to contracts for services. It also examines the standards applicable to the provision of services and the consumer remedies where services are non-conforming. For a general overview of the CRA 2015, including definitions of key terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of how the CRA 2015 applies to goods, digital content and unfair terms, see Practice Notes as follows: Consumer Rights Act 2015—goods Consumer Rights Act 2015—digital content Consumer Rights Act 2015—unfair terms Helpful guidance on the CRA 2015’s application to services has been produced by the Chartered Trading Standards Institute ( CTSI Guidance) and the Department for Business, Energy &...
Practice Note This Practice Note distils a selection of illustrative authorities on unfair prejudice petitions or claims. It aims to convey the breadth of fact patterns and questions that may emerge in such matters, with a particular emphasis on decisions from April 2025. For judgments predating this, see Practice Note: Unfair prejudice claims—key and illustrative decisions [ Archived]. For fuller guidance, consult the following Practice Notes: Unfair prejudice claim—what it is and when to use it Unfair prejudice claim—the procedure Case details and analysis Chancery Division ( Insolvency and Companies List) — Chambi v Aristodemou ( Re Guest Supplies) [2026] EWHC 599 ( Ch) Judgment date 20 March 2026 Case summary The dispute arose from the collapse of a 50/50 quasi‑partnership between two director‑shareholders. The trial followed earlier rulings in the action, including confirmation of Mr Chambi’s standing under section 994 of the Companies Act 2006 ( CA 2006) (see: [2024] EWHC 1610 (...
Practice Note on using artificial intelligence ( AI) when conducting court proceedings This Practice Note explores the use of artificial intelligence ( AI) in litigation and is intended for contentious practitioners—solicitors and barristers—appearing in the civil courts of England and Wales. Its principal audience is dispute resolution lawyers engaged in commercial matters; nevertheless, the issues discussed may likewise be pertinent to those practising in the Family and Criminal courts. Note: in February 2026, the Civil Justice Council ( CJC) published an interim report and consultation, Use of AI for Preparing Court Documents, inviting submissions from interested parties by 14 April 2026......
This practice note explains the use of witness statements by witnesses of fact in the Scottish courts, with reference to the relevant rules, guidance and case law, and offers practical drafting points. It does not deal with expert witnesses, precognition of witnesses, affidavit formalities, intimation and lodging of lists of witnesses, taking of witness evidence at a commission, citation of witnesses for proof, oral examination and cross-examination of witnesses, assessment of witness evidence, vulnerable witnesses or witness expenses. For a style witness statement, see Precedent: Witness statement— Scottish civil proceedings. For guidance on: issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing a civil claim in Scotland, see: Scottish DR: prescription and limitation—overview, Scottish DR: starting a claim—overview and Scottish DR: case management and...
What is operational resilience? This Practice Note outlines the key operational resilience requirements that apply to UK financial services firms. Operational resilience is the capacity of firms, and the financial sector, to prevent, adapt, respond to, recover from, and learn from operational disruption. It goes further than business continuity and disaster recovery and is a strategic priority for regulators around the world. Operational resilience-in-scope firms The summary below sets out the categories of firms within scope of the UK operational resilience regime and the applicable rules and guidance from the PRA, FCA and Bank of England. Banks, building societies, and PRA-designated (ie systemically important) investment firms: PRA/ FCA/ Bo E joint paper: Building operational resilience: Impact tolerances for important business services PRA Policy Statement PS6/21: Operational resilience: Impact...
The UK’s ring-fencing framework, initially created by the Financial Services ( Banking Reform) Act 2013 ( FS( BR) A 2013), has been materially updated following commencement of the Financial Services and Markets Act 2000 ( Ring-fenced Bodies, Core Activities, Excluded Activities and Prohibitions) ( Amendment) Order 2025, SI 2025/30 (the 2025 reforms). This Practice Note outlines the background to the 2025 reforms, sets out the principal amendments made, and flags practical and compliance considerations that ring-fenced banks and their groups may face. Background to the 2025 reforms Brought in during 2013, ring-fencing formed part of a suite of UK banking reforms responding to the 2008–2009 global financial crisis. It took full effect in 2019, obliging the biggest UK banks to segregate core retail banking from wholesale and investment operations. The policy aim was to protect essential banking services on which households and SMEs rely from...
This Practice Note sets out details on the UK bank recovery and resolution framework, encompassing the Special Resolution Regime ( SRR) under the Banking Act 2009 ( BA 2009) together with associated rules and guidance contained in the Prudential Regulation Authority ( PRA) Rulebook, as well as policy statements and other materials published by the PRA, the Bank of England ( Bo E) and HM Treasury ( HMT). UK bank recovery and resolution regime—introduction What are bank recovery and resolution? Bank recovery describes restoring a firm’s operations to a resilient and sustainable footing when under acute strain. Bank resolution refers to handling a firm’s failure so as to limit harm to depositors, safeguard financial stability and protect public funds. What is the bank recovery and resolution regime? The bank recovery and resolution regime comprises measures designed to function both before and after problems arise: ...
The below tracks live European Commission merger investigations. For details on closed investigations, see EU phase I mergers—closed cases tracker and EU phase II mergers—closed cases tracker. For details of closed EU merger enforcement actions, see EU mergers enforcement actions—closed cases tracker. NOTE—completed merger investigations are removed from this document to the closed-case trackers within seven days of the final decision of the Commission. For details of appeals before the General Court, see the General Court appeals—ongoing cases tracker. For details of appeals before the Court of Justice, see Court of Justice appeals—ongoing cases tracker......
An introduction to commodities arbitration In commodities disputes, arbitration conducted pursuant to trade association rules is a defining feature. In some markets, sale contracts almost invariably stipulate that disagreements will be settled by arbitration under a trade association’s rules. This, in turn, supplies association arbitration departments with a steady flow of cases and supports a flourishing community of arbitrators, lawyers and trade representatives working within those bodies. A trade association is a membership organisation created to bring together the leading participants in a particular trade. For instance, the Grain and Feed Trade Association ( GAFTA) is made up of traders, brokers, superintendents, analysts, fumigators, arbitrators and other professionals active in the international grain trade. Note: guidance on arbitration under the GAFTA Arbitration Rules No. 125 is available in the following Practice...
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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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