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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 provides practical, hands-on guidance on sanitary and phytosanitary ( SPS) measures under the UK and India Comprehensive Economic and Trade Agreements ( UK‑ India CETA). Introduction The UK‑ India CETA spans commerce in goods and services, along with a range of matters directly associated with such trade activities too. For example, in the sphere of trade in goods, it specifically covers the following: origin rules customs processes and trade facilitation technical barriers to trade, and trade remedies Chapter 6 of the UK‑ India CETA addresses SPS measures explicitly. Chapter 6 aims to: safeguard human, animal and plant life and health within each party’s own territory while also enabling trade between them ensure the parties’ SPS measures do not impose any unwarranted obstacles to trade reinforce and build upon implementation of the World Trade...
This Practice Note outlines the types of orders available under section 17 of the Married Women’s Property Act 1882 ( MWPA 1882) and the cognate provision in the Civil Partnership Act 2004 ( CPA 2004), as broadened by a number of other statutes over time. It explains who may seek such relief and the circumstances in which these provisions may assist in practice, and highlights specific topics, such as contributions towards enhancing property and the entitlements of formerly engaged couples. It also describes how proceedings under MWPA 1882, s 17 / CPA 2004, s 66 interact with applications for a financial order between parties to matrimonial or civil partnership proceedings. On enactment, the MWPA 1882 markedly altered the legal rights of married women at the time. Most of the MWPA 1882 has since been repealed in subsequent reforms....
Practice Note—illustrative decisions in negligence and professional negligence (from 1 January 2025) Although every case must be analysed on its own merits and distinctive factual and legal matrix, it is helpful to observe how the core principles play out in real scenarios. Accordingly, this Practice Note gathers some of the most instructive decisions concerning negligence and professional negligence claims. The matters set out below cover judgments handed down on or after 1 January 2025. For earlier illustrative decisions from 2020–2024, see Practice Note: Negligence claims—illustrative decisions (2020–2024) [ Archived]. We do not attempt an exhaustive catalogue; we include only cases that offer points of particular interest. Each entry provides a direct link to the judgment and, where available, our News Analysis of that decision. For the overarching principles on the existence and standard of the duty of care, breach, causation and loss, refer to the...
This Practice Note offers direction on how to file, issue and serve an application for permission to appeal, as well as how to amend it. It also addresses the respondent’s subsequent steps, such as filing a notice of intention to participate, raising objections to applications, and pursuing cross-appeals. Read this Note alongside Practice Note: Supreme Court—permission to appeal—on or after 2 December 2024. For advice on non-compliance with the SCR and applicable deadlines, see Practice Note: Supreme Court—role, structure and powers—on or after 2 December 2024. Appeals before 2 December 2024 This Note applies to Supreme Court appeals in which an application for permission to appeal, or a notice of appeal, was lodged on or after 2 December 2024, the commencement date of the SCR ( SCR 1). The SCR 2009 (termed the ‘old SCR’ in this Note) are revoked from that date ( SCR...
This Practice Note sets out guidance on the emergency arbitrator mechanism in Schedule 4 to the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2024 (the 2024 HKIAC Rules; HKIAC 2024). As outlined in Practice Note: HKIAC (2024)—the HKIAC Administered Arbitration Rules—application and key features, the 2024 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 June 2024, unless the parties decide otherwise; where proceedings were initiated before 1 June 2024, the 2018 HKIAC Rules will usually apply, subject to any different party agreement. See below for further guidance on any potential limits to the use of the emergency arbitrator procedures. For an introduction to the HKIAC and how it is organised, see Practice Note: HKIAC—background to and structure of the institution. The emergency arbitrator procedures under the 2018 HKIAC Rules Under the 2024 HKIAC Rules, parties may request urgent interim or...
What is the inherent jurisdiction? This is the power of the High Court to issue declarations and orders to safeguard adults who retain mental capacity to make the relevant decisions but are still vulnerable and at risk owing to the actions or inactions of others. It operates as a safety net for vulnerable individuals... Can the inherent jurisdiction ( IJ) be used? The IJ can be applied to a vulnerable adult who, even if not incapacitated by mental disorder or mental illness, is reasonably believed to be: being constrained subject to coercion or undue influence otherwise deprived of the capacity to make relevant decisions, prevented from exercising free choice, or unable to give or express genuine consent When would the IJ be used? Within safeguarding investigations under sections 42–47 of the Care Act 2014 ( CA 2014), which place a duty on Local...
Vendor-managed inventory ( VMI) Originally written by Timothy Murray of Murray, Hogue & Lannis for Lexis Practical Guidance US, and refined for Lexis+ UK, this Practice Note explores how vendor-managed inventory ( VMI) works, its advantages, and its pitfalls. VMI—also called supplier managed inventory—is a supply chain approach. It offers a streamlined method for inventory control and product order fulfilment, under which the vendor (supplier or manufacturer) oversees the customer’s stock. The customer delegates to the vendor the tasks of monitoring usage and topping up inventory levels. See the accompanying Precedent: Vendor managed inventory ( VMI) agreement. In a VMI model, the supplier, not the customer, accepts responsibility for tracking the customer’s sales and stock positions to decide when further products are required to satisfy the customer’s needs. Rather than waiting to receive and act on purchase orders, the supplier obtains and/or reviews the...
Note: The Hong Kong judgments listed below are not reported by Lexis Nexis®. Introduction Arbitral awards arising from arbitrations seated in Hong Kong, together with non- New York Convention awards and awards that are neither Mainland nor Macao awards, regardless of where made, fall under a single enforcement framework in the Arbitration Ordinance ( Cap 609) ( AO) ( AO, s 84). A successful party may enforce the award in Hong Kong by either route: under the common law, by issuing proceedings founded on an implied undertaking to honour the award (often termed an ‘action on the award’); or under statute, using the summary route set out in the Arbitration Ordinance ( Cap 609). This statutory route dispenses with the full formalities of bringing an action to enforce an award. The successful party to the arbitration may apply ex parte, with a...
Scope of the note This note sits within a suite addressing the legal framework for ecodesign of products, including the Ecodesign and Energy- Related Products Regulations 2010, SI 2010/2617 (2010 Regulations) and the Ecodesign and Energy- Related Products Regulations 2021, SI 2021/745 (2021 Regulations). It centres on the ‘right to repair’ measures introduced by the 2021 Regulations, which place duties on manufacturers, authorised representatives and/or importers to make specified spare parts available for certain in-scope energy related products ( Er Ps), and to supply repair and maintenance information to enable third party repair of those Er Ps. The broader suite of notes comprises: GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—responsibilities of suppliers and dealers GB Ecodesign of products—offences, sanctions and enforcement GB Ecodesign of products—manufacturers, importers and authorised representatives GB Ecodesign of products—lifecycle...
This Practice Note examines the jurisdictional service gateway, or basis for service, in CPR PD 6B, para 3.1(20), which concerns claims under various enactments. It identifies the gateway and offers commentary on the manner in which the courts have interpreted it... This Practice Note should be read alongside Practice Note: Cross border service—jurisdictional gateways (principles)... What criteria will need to be met? Gateway 20 ( CPR PD 6B, para 3.1(20)) provides that a claim is made: (a) under an enactment that permits proceedings to be issued, where those proceedings are not encompassed by any other ground in this paragraph; or (b) under the Directive of the Council of the European Communities dated 15 March 1976 No. 76/308/ EEC, where service is to be effected in a Member State of the European Union. It should be observed that the second limb was removed with effect from 1...
Updated in 2021, the P. R. I. M. E. Finance Arbitration Rules’ 2022 version took effect on 1 January 2022, governing arbitrations begun on or after that day (the P. R. I. M. E. Finance Rules; the Rules). The Rules also contain model clauses as well as a model submission agreement. This Practice Note examines expediting arbitration proceedings under the P. R. I. M. E. Finance Rules. Under Article 17 of the Rules, the P. R. I. M. E. Finance Rules make available expedited proceedings. Expedited proceedings can be commenced if the sum in dispute does not exceed €4,000,000 at the time the response to the notice of arbitration under Article 17 ......
Liability for own acts Personal representatives ( PRs) can incur liability for what they do or fail to do in connection with their dealings with: third parties beneficiaries under the deceased’s Will or on intestacy fellow personal representatives During the administration, a PR bears personal liability for: fulfilling all obligations arising under any contracts they make, and, when contracting, they are not allowed to confine liability to estate assets within their control any torts they themselves commit any loss caused to the estate by their breach of duty (a devastavit) In general, the same rules govern the liabilities of executors and administrators alike. Contracts As PRs are answerable on the contracts they enter and cannot restrict liability to the assets in their possession, they are personally chargeable and can be sued in a personal capacity and in their own right. Such a claim is an...
For guidance on the initiation of criminal prosecutions in England and Wales, consult Practice Notes: Commencing criminal proceedings—applying for the issue of a summons and Commencing criminal proceedings—written charge and requisition or single justice procedure notice. Time limits for summary only offences The Magistrates’ Courts Act 1980 ( MCA 1980) sets deadlines for starting proceedings that are triable only in the magistrates’ court (called summary only offences), save where another statutory period applies. Under this framework, a magistrates' court cannot adjudicate a summary offence unless the information is laid (that is, an application for a summons is made) within six months of the date the offence was committed. This position is mirrored in the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, r 7.2(10). So long as the information is laid (or a summons application is submitted) within that window, it is...
What are pesticides and biocides? Pesticides and biocides are substances or living agents used to manage pests, including harmful or unwanted animals, plants, fungi, viruses, and bacteria that cause damage. The term ‘pesticide’ is often used as if it were the same as ‘plant protection product’, but ‘pesticide’ can be wider in scope and may include biocidal products. ‘ Plant protection product’ refers specifically to pesticides that protect crops or other plants, typically used in agriculture, forestry, and public or private horticulture. Plant protection products ( PPPs) and biocides can cause significant water pollution and land contamination, especially if they enter surface waters or groundwater. Concerns are also sometimes expressed about their potential effects on human health. Plant protection products ( PPPs) PPPs include at least one component that acts against pests or plant diseases, called an ‘active substance’, and they serve one or more of the...
CASE HUB (date of judgment—13/12/2017) See further: timeline and related/relevant cases Case facts ARCHIVED —this preserved case hub records the position as at 13 December 2017 and is no longer maintained. Outline Telefónica appealed the General Court’s ruling which, upholding (for the most part) the Commission’s decision of 23 January 2013 ( AT.39839), found an infringement of Article 101 TFEU and imposed financial penalties on Telefónica in respect of a non‑compete arrangement affecting the Iberian telecommunications market. The dispute, amongst other matters, centred on whether the agreement under scrutiny should be treated as a ‘by object’ restriction, and the implications that characterisation has for the nature and extent of the analysis the Commission must undertake—especially in a setting where the parties to the non‑compete are not ‘actual’ competitors, and where evidence of ‘potential’ competition between them has not been established, or is expressly contested by the...
Contractual and statutory basis of rent review and time intervals Tenants under 1991 Act Tenants with 1991 Act tenancies enjoy strong security of tenure together with statutory tacit relocation. While parties may set out rent review terms within the lease itself, rent adjustment is, subject to that, governed by the Agricultural Holdings ( Scotland) Act 1991, s 13 ( AH( S) A 1991), which provides for variations in rent once the contractual ish has passed and at specified intervals thereafter. As the vast majority of 1991 Act leases continue on tacit relocation, rent review is, in almost all instances, determined by AH( S) A 1991, s 13. This statutory scheme cannot be excluded by agreement, although the parties may consensually alter the rent at any time. In Moll v Mc Gregor 1990 SLT ( Land Ct) 59 (not reported by Lexis Nexis®), one lease dated from 1944 and...
This Practice Note covers the main operative provisions of the corporate interest restriction ( CIR) rules. The CIR rules are lengthy and intricate, with numerous core provisions driven by calculations and reliant on a suite of defined expressions. Accordingly, those seeking a concise introduction to how the rules operate, together with the rationale for their introduction, should consult Practice Note: Corporate interest restriction—quick guide. This Practice Note explains many of the defined expressions and ideas used by the regime where relevant; for swift reference to definitions of principal CIR terms, see Corporate interest restriction—glossary of key terms. Readers are also directed to: Practice Note: Corporate interest restriction—administration, which addresses the procedural aspects of the CIR, such as the way a restriction required by the rules is allocated within a group, the notion of the reporting company, and the interest restriction return Practice Note:...
This Practice Note sets out the procedure for managing commercial service charge disputes, with reference to the mandatory requirements and best practice in the Royal Institution of Chartered Surveyors ( RICS) professional standard, ‘ Service charges in commercial property’ ( Service Charge Standard). For guidance on the services a commercial landlord must provide and the expenses that may then be recovered, see Practice Notes: Commercial service charges—what is the landlord's liability to provide the service? and Commercial service charges—what expenses can the landlord recover? Service charge recovery—commercial versus residential Service charges in commercial property serve the same purpose as in residential settings: they allow a landlord to provide repair and maintenance services and reclaim the associated costs from a tenant. However, whilst residential service charges are regulated by extensive legislation (see...
Under English law, a pledge constitutes one of the four recognised forms of security—the forms are outlined in Practice Note: Types of security. For an overview intended as an introduction to security, consult Practice Note: Introductory guide to security in a lending transaction......
This Practice Note This Practice Note examines the principal matters that may arise when engaging with a local authority in England in a commercial finance transaction in practice. It outlines the kinds of steps a local authority might take in a standard commercial funding arrangement and assesses the capacity and authority of local authorities when undertaking those steps. It also reviews common representations and warranties provided by local authorities and other authority-specific points to address when dealing with a local authority in a commercial finance transaction, including their power to invest and Wednesbury unreasonableness as well. Note that this Practice Note deals with commercial finance supplied to local authorities. It does not address other funding sources, such as grants available to local authorities, which fall outside the scope of this Practice Note. It also does not extend to local authorities in Wales. The main...
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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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