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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note monitors significant High Court, Court of Appeal and Supreme Court rulings concerning data protection, e Privacy, misuse of private information and confidential information. For an introduction to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), see: UK data protection law collection and Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and The Data Protection Act 2018. For introductory materials on e Privacy, misuse of private information and confidential information, see: e Privacy—overview Privacy and misuse of private information—overview Confidential information—overview For a freedom of information and environmental information case tracker, see: Freedom of information case tracker. Cases Infinni Innovations SA v OFMS Ltd [2026] EWHC 470 ( Comm) — High Court — 3 March 2026 —...
This tracker tool tracks and summarises key new legislation and consultations in England and Wales linked to contamination, pollution and environmental permitting. In England and Wales, the following regimes govern contamination, pollution and environmental permitting: Contaminated land regime under Part IIA of the Environmental Protection Act 1990 ( EPA 1990): addresses land contamination that is causing, or where there is a significant possibility of causing, significant harm to human health (including property), living organisms, interference with ecological systems, or impacts on controlled waters. The Environmental Damage ( Prevention and Remediation) ( England) Regulations 2015, SI 2015/810, and the Environmental Damage ( Prevention and Remediation) ( Wales) Regulations 2009, SI 2009/995 ( EDR): apply to environmental damage, defined as damage to: a protected species or natural habitat that has a...
This tracker collates and outlines significant new laws and consultations in England and Wales relating to environmental taxes, reliefs and incentives. HM Treasury describes an environmental tax as one that satisfies these three principles: the tax is clearly tied to the government’s environmental aims the tax’s chief purpose is to drive behaviour change that benefits the environment, and the tax is designed around environmental goals—eg the more polluting the activity, the higher the charge imposed The following environmental taxes operate in England and Wales: landfill tax—a charge due on waste disposals at authorised landfill sites and on certain specified landfill activities climate change levy ( CCL)—a compulsory tax on UK business energy consumption, applied at the point of supply as taxable supplies. The climate change agreement ( CCA) scheme allows qualifying facilities to obtain a reduced rate (discount) on the CCL aggregates levy—an environmental charge...
This tracker tool identifies and summarises significant new legislation and consultations in England and Wales relating to waste, including circular economy developments linked to end-of-life/waste and plastics, together with the waste producer responsibility regime in particular. The tracker is organised into the following parts for ease of use: Legislation—highlighting notable forthcoming legislation of particular relevance to Environment lawyers in England and Wales that will be in force from 1 January 2026 Consultations—setting out the current position and latest updates on consultations open from 1 January 2026, or opened earlier but still open as of 1 January 2026, run by government departments, regulators and other bodies regarding environmental law in England and Wales, and those conducted by government departments, regulators and other bodies regarding environmental law in England and Wales which closed from 1 January 2026 For anticipated future changes, see Practice Note:...
This Practice Note outlines the main considerations when making an application to contest the court’s jurisdiction under CPR 11, and addresses the consequences of both successful and unsuccessful applications. It should be read alongside Practice Note: Challenging court jurisdiction—general principles, particularly on whether an application is necessary. The provisions of CPR 11 can be difficult to construe. As the Privy Council remarked in Texan Management Ltd v Pacific Electric Wire and Cable Company Ltd (2009), CPR 11(1) is ‘inelegantly and inconsistently drafted’ as to what it is meant to encompass. Authorities that have examined the interpretation of CPR 11 offer useful insight into the stance the courts are likely to adopt when determining applications under Part 11. For guidance on other facets of challenging court jurisdiction, see the following Practice Notes: Challenging court...
Section 30(1)(g) of the Landlord and Tenant Act 1954 ( LTA 1954) Under this provision, a landlord may resist the grant of a fresh lease where, at the end of the current tenancy, they intend to take up occupation of the holding for the purposes of a business they will run there (in whole or in part), or to live there. For details of the other grounds of opposition, see Practice Note: Summary of landlord's grounds of opposition. On ground (g) a landlord can: oppose a tenant’s application for a new tenancy; or apply to end the existing tenancy without granting a new one, on the basis that upon expiry they plan to occupy the holding for their own business purposes (in whole or in part), or as their residence. The landlord does not need to prove an intention to make physical use of every part of the...
For many years, virtually every disagreement about agricultural tenancies was sent to arbitration at the outset. The rationale was that questions concerning agricultural holdings often have a strong practical dimension, so arbitration was thought a more suitable forum than the courts. This reflected the earlier assumption that practical considerations predominated in such cases, making a court reference less apt back then. Over time, however, matters of considerable legal intricacy also came before arbitrators. With the enactment of the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003), policy shifted, and the main route for resolving disputes about agricultural tenant issues is now referral to the Scottish Land Court. At the same time, arbitration procedures were streamlined, and alternative processes, eg mediation, were enabled. Although the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991) still sets out distinct...
Relinquishment or assignation of 1991 Act tenancy to ‘new entrant’ or to a ‘person progressing in farming’ Sections 110 and 111 of the Land Reform ( Scotland) Act 2016 took effect on 28 February 2021, inserting Part 3A into the Agricultural Holdings ( Scotland) Act 1991 ( AH( S) A 1991). This establishes a mechanism by which a tenant holding a 1991 Act tenancy may relinquish the tenancy to the landlord for compensation, or, if the landlord opts not to buy them out, the 1991 Act tenant may assign the tenancy to a ‘new entrant’ or a ‘person progressing in farming’. The Agricultural Holdings ( Relinquishment and Assignation) ( Scotland) Regulations 2020, SSI 2020/430 ( R& A Regs 2020) apply to an agricultural holding where the lease was entered into in writing: before 27 November 2003; or on or after 27 November 2003 but...
Diversification at common law Diversification, i.e. employing the holding for a non-agricultural end not authorised by the lease, would, at common law, amount to a breach of the lease and, in many instances, could additionally trigger a conventional irritancy, in appropriate circumstances and contexts, by the landlord as well. For more detail, see: Diversification: Stair Memorial Encyclopaedia [107K]. Statutory Diversification Part 3 of the Agricultural Holdings ( Scotland) Act 2003 ( AH( S) A 2003) confers on agricultural tenants a right to diversify by putting the land to a non-agricultural use. That right extends to 1991 Act Tenancies and to 2003 Act Tenancies, save for short limited duration tenancies ( SLDTs). Although diversification may, at common law, constitute an inversion of possession and change the character of the lease from that of an agricultural holding (to which the Agricultural Holdings ( Scotland) Acts apply), if—and only if—the...
Family business culture Given the relatively high expense of sourcing and appointing senior staff, holding on to the right people with the right expertise is vital for any firm, and even more so for a family-run enterprise where hiring can be tougher than for rivals. Working in a family company brings upsides; research points to greater loyalty, satisfaction, flexibility and security. Yet drawbacks can appear, such as ambiguity, perceived unfairness, muddled accountability and family politics. The task is to bring in senior leaders who align with the culture and to ensure they are incentivised to remain and help grow the business. Therefore, a family business must shape recruitment and induction so they reflect its distinctive culture and complexity. Not every senior executive will thrive in a family setting, and cultural alignment may, in the end, matter as much as formal...
This note’s initial iteration was authored by the late Professor Alexander Türk. Definition of proportionality Under the principle of proportionality, action taken by the EU and by member states must not extend beyond what is strictly necessary to secure the objectives sought, and should be confined to measures needed to achieve those aims. The Court of Justice of the European Union has affirmed proportionality as a general principle of EU law. The court’s test for reviewing a measure’s proportionality stems from continental law, with particular roots in the German legal tradition. Use of the principle of proportionality against EU member states The principle of proportionality can be invoked against member states when they act within the scope of EU law, notably where they restrict the free movement rights conferred by EU law. For background reading, see Practice Note: The four...
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern-unless the parties agree otherwise-any arbitration started on or after 1 June 2021 where an arbitration agreement refers to the Swiss Rules or to the former rules of chambers or organisations that have joined the Swiss Rules or brought their proceedings under them. This Practice Note looks at commencing arbitration under the Swiss Rules. For guidance on the 2012 Swiss Rules, see: Swiss Rules arbitration-overview. Submitting a Notice of Arbitration An arbitration conducted under the Swiss Rules and administered by the Swiss Arbitration Centre (the SAC) is initiated by serving a Notice of Arbitration ( Swiss Rules, art 3). Electronic submission: send the Notice of Arbitration to...
The Swiss Rules of International Arbitration, updated on 1 June 2021 (the Swiss Rules), govern-unless the parties agree otherwise-any arbitration begun on or after 1 June 2021 where the arbitration clause refers to the Swiss Rules or to the earlier rules of chambers or organisations that have acceded to, or placed their proceedings under, the Swiss Rules. This Practice Note addresses procedural aspects under the Swiss Rules. For commentary on the 2012 Swiss Rules, see: Swiss Rules arbitration-overview... General remarks The Swiss Rules grant the arbitral tribunal broad latitude to manage the proceedings. Arbitrators may run the case as they consider appropriate, provided they uphold equality between the parties and safeguard each party’s right to be heard ( Swiss Rules, art 19.1). Crucially, all parties must use their best endeavours to secure an efficient process and to avoid superfluous costs and delay ( Swiss Rules, art...
ARCHIVED: This Practice Note is archived and no longer maintained and is not being updated. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Singapore’s trade mark registration framework operates under the Trade Marks Act ( Cap 332) and is overseen by the Intellectual Property Office of Singapore ( IPOS). Even where a trade mark used in Singapore has not been registered, it may still receive protection through the common law action of passing off. Extent and term of trade mark registration As with many other jurisdictions, protection arising from trade mark registration in Singapore is territorial, meaning it applies only within Singapore and has effect domestically. Registration endures for ten years from the filing date of the application and takes effect from that filing date. It is capable of unlimited renewal in further ten...
ARCHIVED: This Practice Note is archived and no longer maintained. This Practice Note was first prepared for Lexis Advance® Practical Guidance Singapore and addresses infringement of a trade mark under the Trade Marks Act ( Cap 332). Infringement A person infringes a registered trade mark when, without the owner’s consent, they use in the course of trade a sign identical with or similar to the mark for identical or similar goods or services, and that use is liable to confuse the public. Where both the sign and the goods or services are identical to the mark, there is no need to prove confusion. The Trade Marks Act ( Cap 332) accords a special level of protection to ‘well-known’ trade marks, regardless of whether they have been registered in Singapore. This will be discussed below. The requirement of ‘use’ A non-exhaustive list of acts amounting to use of a sign...
Practice Note and IA 1986 This Practice Note uses the Insolvency Act 1986, abbreviated as IA 1986. The table outlines the main corporate insolvency procedures from a dispute resolution perspective. Administration A short-term measure for a company facing financial distress. The purpose is to give the administrator time to attempt a rescue, pursue a restructuring, or deliver a better return for creditors than an immediate winding up. Appointment: effected out of court by a qualifying floating charge holder, the company’s directors or the company itself, or by court order (an administration order). Combination: administration can operate alongside a company voluntary arrangement ( CVA) or a scheme of arrangement. Effect on proceedings: entry into administration imposes a broad moratorium on court proceedings and legal processes, covering proceedings, execution and distress. It applies to both existing and new proceedings, which may only continue or be...
Issue Details Name: 1986 Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency ( Convention on Assistance) Parties: 131 (including 4 non– State parties, 57 signatories) Place: Vienna Adopted: 26 September 1986 Entry into force: 26 February 1987 Subject: International assistance and support in the event of a nuclear accident or radiological emergency What is the purpose of the Convention on Assistance? To allow rapid assistance and encourage international co‑operation when confronted with a nuclear or radiological emergency. The Convention is based on the International Atomic Energy Agency guidelines titled Guidelines for Mutual Emergency Assistance Arrangements in Connection with a Nuclear Accident or Radiological Emergency (1984). It sets a framework through which help can be requested and provided. What are the key elements of the Convention on Assistance? Key...
Collecting societies This Practice Note explores collecting societies-often described as licensing bodies and/or Collective Management Organisations ( CMOs)-and also considers Independent Management Entities ( IMEs). It covers collective licensing, the legal and organisational status of a collecting society, an outline of UK societies, the benefits for copyright owners, disadvantages for right holders and users, the pros and cons for licensees, legal constraints on how societies operate, regulation of collecting societies, and the Collective Management of Copyright ( EU Directive) Regulations 2016, SI 2016/221, also referred to as the Collective Rights Management Regulations or the CRM Regulations. These frameworks give right holders a collective route to licence and enforce their IP where individual permissions and monitoring would be impractical. Although several societies may function within the same creative field (such as music), separate bodies will generally represent different categories of right holders. In essence, a...
This Practice Note examines when reinstatement will be ordered as a remedy under section 112 of the Employment Rights Act 1996 ( ERA 1996) following a finding of unfair dismissal. The key factors are: whether the employee seeks reinstatement; whether returning them is feasible in practice; and whether doing so would be fair in the circumstances. It also covers what a reinstatement order must contain, its legal effect once made, and how arrears of salary and associated benefits are to be quantified. Where an employer does not comply, in whole or in part, a further hearing on reinstatement will be convened. At that stage, the tribunal assesses whether compliance was in fact practicable and, if so, calculates an additional compensatory award under ERA 1996, s 117 in consequence of the failure to honour a reinstatement or re-engagement...
Role The role of credit rating agents ( CRAs) is to deliver an independent, analytical view of the likelihood of payment default, by assessing multiple factors that guide investors on whether to commit to specific securities. Capital market investors are highly sensitive to risk, and some are constrained by their internal constitutional documents from investing in lower grade instruments. As a rule, the greater the investment risk, the higher the return (interest/coupon) demanded by investors. Ratings may apply to both the company issuing the instruments and the instruments themselves. An issuer’s debt can be rated apart from the issuer, for example where the issuer is a special purpose vehicle created solely for the issuance, or where the debt benefits from credit enhancements (eg a guarantee) that lift it above the issuer’s own standing rating. For example, the following can be rated: the issuer senior...
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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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