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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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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...
This Practice Note reviews key issues for employers when hiring children, young people and apprentices, such as: the contractual capacity of minors (see: Contractual capacity of minors, below) statutory rules on child employment (see: Employment of children, below), including limits on work and hours, local authority byelaws, and licences for paid performances, sport and modelling children’s statutory rights (see: Statutory rights of children, below) legal issues arising when employing young people the duty to remain in education and training to age 18 in England, and the right to paid time off for study and training in Wales and Scotland the contract of employment (see: Contract of employment, below) health and safety obligations (see: Health and safety obligations, below) considerations around work experience, and rules concerning apprentices (see: Apprentices, below) The Practice Note first sets out the...
NOTE—to verify whether notification thresholds in Colombia and globally are met, see further: Where to Notify for guidance. 1. There have been recent developments regarding the Colombian merger control regime. What are the main points of interest and are any further updates/developments expected in the coming year? Are there any other hot merger control issues in Colombia? The latest change affecting the Colombian merger control framework was Law 2010 of December 2019. Through this statute, Congress authorised the Superintendence of Industry and Commerce ( Superintendencia de Industria y Comercio, SIC), the national competition authority, to levy a filing fee for merger review. Acting on this mandate, the SIC calibrated the fee according to the type of submission and created distinct charges for Phase 1 and Phase 2 clearance applications. In 2021, the SIC refreshed its procedural guidance for merger review via Resolution 2751 of 2021. That...
This Practice Note sets out the principal tax considerations where creditors move to enforce security over the assets of a distressed company or corporate group. Related Practice Notes in this series address tax issues concerning: acquisitions of distressed debt, and debt restructurings (ie waivers, debt/equity swaps or renegotiations) In addition, Tax and distressed debt—checklist of points to consider distils the main tax points to bear in mind when dealing with distressed debt in general. This Practice Note reviews the enforcement routes open to creditors of troubled businesses and the consequences that may follow. For a detailed look at the loan relationships provisions on debt releases, see: Loan relationships—impairment and debt releases Loan relationships—impairment and debt releases: connected companies Types of enforcement As explained in Practice Note: Tax and distressed debt—debt restructurings, lenders will frequently engage in a...
Tying and bundling Within EU competition law, tying and bundling are chiefly examined as forms of abusive dominance. Article 102(d) TFEU expressly refers to tying, describing it as requiring counterparties to accept supplementary obligations that, by their nature or according to commercial usage, are unconnected with the subject of the contract. Numerous EU investigations have flagged tying and bundling by firms holding market power (i.e., dominance). These include prominent matters in traditional goods and services, and in newer technology markets, exemplified by cases concerning Microsoft’s integration of its media player and browser with its operating system. In recent years, the free provision of digitised, internet-based products and services has increasingly been cast as anti-competitive tying or bundling, particularly in complaints aimed at Google and Meta. This trend has prompted questions over whether the established approach of competition authorities to tying and bundling is...
This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division ( CACD) under the Criminal Appeal Act 1968 ( CAA 1968), and in accordance with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 ( CJA 1972) or section 36 of the Criminal Justice Act 1988 ( CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see...
Disclosure obligations Where a defendant appears before a magistrates’ court charged with an indictable‑only offence, or an either way offence, and is sent to the Crown Court for trial under s 51(1) of the Crime and Disorder Act 1998 ( CDA 1998), the framework for serving the prosecution’s evidence is set by the Crime and Disorder Act 1998 ( Service of Prosecution Evidence) Regulations 2005 ( CDA ( SPE) Regs), SI 2005/902, together with the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909. For provision of Initial Details of the Prosecution Case ( IDPC) disclosure in the magistrates’ court, refer to Practice Note: Disclosure in the magistrates’ court. Be aware that some criminal proceedings are administered via the Crown Court Digital Case System ( DCS), Crown Court’s electronic case management platform. In such cases, service and access to...
CASE HUB ( Note – appealed in Eurotunnel and Société Coopérative de Production Sea France v Competition Commission, with the case remitted to the CC in Eurotunnel/ Sea France (remittal investigation)). ARCHIVED – this archived case hub reflects the position as at the decision of 6 June 2013 and is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline: UK merger review concerning Eurotunnel’s acquisition of Sea France’s ferries and other assets. Latest developments The CC issued its final report on 6 June 2013, barring Eurotunnel from operating ferry services from Dover for ten years. The restriction was to begin after six months, giving Eurotunnel a window to dispose of the former Sea France ferries if it chooses. Should the vessels be sold, Eurotunnel will be unable to re-acquire them for ten years. Eurotunnel is also not allowed to start sailings from Dover using other ferries for two...
This Practice Note This Practice Note outlines the different methods by which a patent proprietor may alter its patent. There are numerous avenues to amend a patent at various points in its lifetime, and this depends on whether the application for the patent started at the UK Intellectual Property Office ( UK IPO), the European Patent Office ( EPO) or under the international Patent Co-operation Treaty ( PCT) system, from the outset and onwards. Amendment without restriction is not permitted, as this would shift the goalposts for where the limits of the patent owner’s monopoly rights lie. This is unacceptable in a patent system granting exclusive, or so‑called ‘monopoly’, rights, because people consulting the register of those rights must be able to work out whether they might infringe the patent, without the scope of the patent changing over time. However, at the time of making a patent...
This Practice Note This Practice Note explores the extent to which parties can exclude the operation of the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006). It reviews the scope to resolve TUPE 2006 claims by a settlement agreement (previously termed a compromise agreement) and by using tripartite settlement arrangements. It also sets out the general position that claims where the remedy is conferred by TUPE 2006 cannot be compromised, whereas claims where the remedy arises under other legislation, for example the Employment Rights Act 1996 ( ERA 1996), may be settled. In addition, it outlines Advisory, Conciliation and Arbitration Service ( Acas) conciliation for certain TUPE 2006 claims and how the early conciliation requirement applies to those claims. EU-derived provisions, including much of TUPE 2006 that give effect to the UK’s obligations under EU law—such as...
What is a purchase notice? The purchase notice route enables landowners to require a local planning authority ( LPA) to acquire land that has ceased to be capable of reasonably beneficial use. Frequently described as ‘reverse compulsory purchase’, it allows the owner to set in motion the compulsory acquisition of the land by the LPA and to receive compensation on the same footing as a compulsory purchase. This mechanism is not a catch‑all solution whenever planning permission is turned down; rather, it operates as a longstop where no form of development could be undertaken to render the land capable of reasonably beneficial use. The government has issued guidance on how the purchase notice process works. Further official guidance on this is available. When can a purchase notice be served? ......
The Pensions Regulator (the Regulator) The Regulator is an arm’s-length public body set up under the Pensions Act 2004 ( Pe A 2004). Its authority to impose contribution notices and financial support directions appears in Pe A 2004, ss 38–50. Although the Act does not use the label, these provisions are widely known as the Regulator’s ‘moral hazard’ powers. Their purpose is to counter the ‘moral hazard’ arising from the Pension Protection Fund ( PPF): the possibility that corporate groups might organise their structures so as to heighten exposure within their pension schemes, comfortable that the PPF would intervene if the employer entered insolvency. The principal moral hazard tools—and the only ones exercised so far—are the power to issue a contribution notice ( CN) and the power to issue a financial support direction ( FSD). A CN compels the recipient to pay a...
This Practice Note sets out comprehensive details on the durations and conditions of leave linked to entry clearance and permission to stay for individuals under the Child Student route, covering applicable work and study restrictions applied within the Child Student and earlier Tier 4 ( Child) categories. See also Practice Note: Child Student: eligibility, which details the points-based and non points-based eligibility criteria for entry clearance and permission to stay applications made under the Child Student route. Grant of permission The length of permission issued to a Child Student is determined by several key relevant factors set out in the table below......
Individuals allowed to come to, or remain in, the UK for a fixed time often find conditions imposed on their permission. Such terms may limit employment, occupation, study, or access to public funds. This Practice Note sets out the categories of conditions, the circumstances and process for attaching them to a person’s permission, and the consequences of any breach. From 1 December 2020, the Statement of Changes in Immigration Rules HC 813 amended a number of provisions in the Immigration Rules, replacing ‘leave to remain’ and ‘leave to enter’ with ‘permission to stay’ and ‘permission to enter’, respectively. This Practice Note adopts the updated Immigration Rules wording where appropriate, while noting the terms are interchangeable. What are conditions of permission? A condition on permission may curb or bar activities or the use of services in the UK. It can also require a particular action to be carried out......
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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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