Featured documents
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:
Most recent Practice notes
Occasionally, an employer and an employee may seek to open discussions to resolve a dispute or to set the terms of the employee's exit. As a general rule, material from those discussions is admissible in any subsequent litigation. Nevertheless, there are two routes by which the confidentiality of such discussions can be protected: by relying on the without prejudice rule through the statutory regime for 'pre-termination negotiations' in section 111A of the Employment Rights Act 1996 ( ERA 1996), often called 'protected conversations', which applies only to ordinary unfair dismissal claims Where the without prejudice rule applies, communications are inadmissible as evidence and cannot be required by a disclosure order. In a similar vein, the rule on pre-termination negotiations also renders evidence of those discussions inadmissible, albeit only in particular, specified circumstances......
This Practice Note tracks the development of UK cases of interest to the life sciences sector. Jump to: Judgments- Patents Judgments- Supplementary protection certificates Judgments- Medical devices and medicinal products Judgments- Trade marks For archived material on life sciences, see Practice Note: Life sciences tracker [ Archived], and for UK cases from 2020 to 2022, see Practice Note: 2020–2022 [ Archived]. For an exploration of the extent to which UK courts and tribunals remain bound by EU case law after the transition period, see Q& A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post- Brexit? Judgments- Patents For archived patents judgments, see Practice Notes: Life sciences tracker [ Archived]- Judgments- Patents and 2020–2022 [ Archived]. Supreme Court UKSC 2021/0209 Appeal from: Fibro Gen Inc v Akebia Therapeutics Inc; Astellas Pharma Inc v Akebia...
This Practice Note is designed to monitor the progress of EU cases relevant to the life sciences industry. For earlier life sciences materials, see Practice Note: Life sciences tracker [ Archived]... Judgments- Supplementary protection certificates For archived supplementary protection certificate ( SPC) judgments, see Practice Note: Life sciences tracker [ Archived]- Judgments- Supplementary protection certificates... Court of Justice of the European Union What's happening? When? Find out more Teva BV and Teva Finland Oy v Merck Sharp & Dohme LLC; Merck Sharp & Dohme LLC v Clonmel Healthcare Limited - Joined Cases C-119/22 and C-149/22 19 December 2024: preliminary ruling of the Court of Justice ( Third Chamber) issued. 6 June 2024: Opinion of the Advocate General ( AG). 21 February 2022: reference made to the Court of...
Practice Note: horizon scanner tracking key future developments in dispute resolution law in Ireland for 2026 This note surveys forthcoming developments in Irish dispute resolution for 2026, highlighting key dates for your diary (including projected dates where the exact timing is not yet known) and brief commentary on: legislation (bills in progress), consultations, and other significant developments. It does not include past changes, such as legislation fully in force or final judgments. It also excludes developments outside Ireland. For updates on the UK and the EU, see Dispute Resolution horizon scanning—overview and Key DR cases and trackers—overview respectively. Please suggest topics for inclusion via...
This Practice Note distils the key recent legal shifts anticipated to affect Irish dispute resolution lawyers in 2026 and thereafter. You are welcome to propose topics for our horizon scanner at: irelandcurrentawareness@lexisnexis.com. To monitor forthcoming legal and regulatory changes for Irish dispute resolution lawyers, see Practice Note: Ireland— Civil litigation horizon scanner 2026. For earlier tracking of Irish dispute resolution developments, see Practice Notes: Ireland— Civil litigation horizon scanner 2025 [ Archived] and Ireland— Civil litigation horizon scanner 2024 [ Archived]... Legislation This section outlines recent legislative amendments relevant to dispute resolution practitioners that are partly or fully in force. Act/ SI title: SI No 159/2026 Rules of the Superior Courts ( Commercial) 2026 ( Ireland) ( SI 158/2026 ( IRL)) When? 17 April 2026 What’s the...
This Practice Note This Practice Note monitors the development of amending legislation, implementing acts, core guidance and initiatives introduced to help stakeholders apply the EU regime for medical devices and in vitro diagnostic medical devices ( IVDs) contained in Regulation ( EU) 2017/745 (the Medical Devices Regulation, MDR) and Regulation ( EU) 2017/746 (the In Vitro Diagnostic Medical Devices Regulation, IVDR) (together, the MD Regulations) across all EU Member States as well as Norway, Iceland, Liechtenstein and Turkey. For a high-level overview of the MD Regulations and their obligations, see Practice Note: Introduction to the EU Medical Devices Regulation and In Vitro Diagnostic Medical Devices Regulation. This tracker draws on material hosted on the European Commission— Public Health website— Medical Devices sector, comprising: guidance documents endorsed by the Medical Device Coordination Group ( MDCG) MDCG guidance in progress the rolling plan of implementing measures under the MDR and IVDR (the...
This Tax tracker sets out the current position of, and developments arising from, consultations—both formal and informal—run by the UK government (and other bodies) that affect taxation and, where relevant, the legislative consequences of those consultations. It also details the present status of tax-related Bills before the UK Parliament, the Scottish Parliament, the Welsh Parliament and the Northern Ireland Assembly, excluding Finance Bills, which are tracked separately. The tracker is divided into five parts: Tax-related Bills Tax-related Acts Open consultations—ie, consultations open for responses Closed consultations—ie, consultations closed to new responses Concluded consultations—ie, consultations closed to new responses with a published summary or outcome For information on OECD consultations connected to the OECD’s Base Erosion and Profit Shifting Action Plan, see: Tax— Base Erosion and Profit Shifting...
This Practice Note examines the doctrine of forum non conveniens, also known as the appropriate forum or the proper place for resolving a dispute. The doctrine is relevant to deciding whether the courts of England and Wales ( English courts) should hear a case and can be invoked across a range of applications. For related guidance on other elements of forum non conveniens, see Practice Note: Jurisdiction—a guide for dispute resolution practitioners. Note: this Practice Note cites the following judgments: Privy Council decision in AK Investment CJSC v Kyrgyz Mobil Tel (2011). In some law reports, this is cited as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel Supreme Court decision in Unwired Planet International Ltd v Huawei Technologies ( UK) Co Ltd and Conversant Wireless Licensing SARL v Huawei Technologies ( UK) Co Ltd (2020), referred to as Unwired Planet. The Court of...
Change in control of authorised persons Under Part XII of the Financial Services and Markets Act 2000 ( FSMA 2000), anyone—individuals or corporate entities—seeking to acquire, or increase, control in a UK authorised firm must obtain prior consent from the Financial Conduct Authority ( FCA) or the Prudential Regulation Authority ( PRA). A current controller must also inform the FCA or PRA when reducing or ending control of a firm. SUP 11 of the FCA Handbook, together with the Change in Control Part of the PRA Rulebook, sets out the thresholds and obligations in full. Filings concerning an acquisition or increase of control are known as section 178 notifications and should be lodged with the FCA or the PRA immediately once a decision to acquire or increase control is taken. Consent from the relevant regulator is required before any acquisition or increase in control...
IP rights must be actively safeguarded and enforced to preserve their value. This Practice Note explores the enforcement of your IP rights. It outlines why prevention, surveillance and the gathering of infringement evidence matter, before setting out practical options for responding to an infringement. For guidance on protecting IP, see Practice Note: How to protect your IP. For fuller guidance on disputes, see Practice Note: How to run an IP dispute. What is IP infringement? When IP rights are breached, this is commonly called IP infringement. It arises where protected products, works or inventions are exploited, copied or otherwise used without the right holder’s permission or consent. Most infringements are civil matters; however, some conduct can amount to a criminal offence. Criminal IP offences usually involve dealing in fake branded (ie counterfeit) or pirated products. For more detail, see Practice Notes: Trade mark offences and...
This Practice Note explores typical practical matters that emerge around legal professional privilege ( LPP) within corporate and personal insolvency processes and related proceedings. For guidance on the foundational principles of privilege, and the reasons underpinning them, see Practice Note: Privilege-general principles. For broader material on LPP, including the tests for both legal advice privilege and litigation privilege, together with recognised exceptions, see Practice Note: Legal professional privilege in civil proceedings. General principles-corporate insolvency Within a corporate setting, privilege in any document belongs to the company. An insolvency office-holder appointed in respect of the company, stepping into the company’s position, is therefore entitled to obtain and examine documents created before the company entered the insolvency process. In relation to any such documents obtained, the office-holder may assert or relinquish any claim to privilege that the company could previously have asserted against third parties. That...
Relevant news analysis The Lexis+® UK teams routinely release analysis on Part 26A restructuring plans, which are presented in the table below. Date: 11 February 2026 News analysis: A meeting of one? Class meetings and restructuring plans ( Argo Blockchain Plc, Re) The court determined that a restructuring plan under Part 26A of the Companies Act 2006 ( CA 2006), advanced by Argo Blockchain Plc (‘the Plan Company’ and ‘the Plan’), should be sanctioned. Alongside the issue of the Plan’s fairness, the judgment considers the part played by an independent advocate safeguarding retail creditors, the legitimacy of class meetings attended by only one individual, and the consequences of generally poor attendance at class meetings. On these issues, the court held that (1) it was appropriate to permit the independent advocate to challenge the fairness of a plan, (2) a valid class meeting...
Overreaching is a statutory device enabling a mortgagee (among others) to convey title to a purchaser free from any charges or encumbrances that rank after the mortgagee’s security. It is also available on receivership disposals by ensuring the transfer is executed by the mortgagee rather than the receiver. Overreaching may likewise occur where a mortgagee takes security for repayment of a loan from trustees of a trust. The mortgagee will wish to ensure that the security granted by the trustee overreaches the beneficiaries’ equitable interests. For further detail, see Practice Notes: Enforcement issues for trust property and Overreaching—sales by trustees of land. Buyer’s requirements On taking an appointment, a receiver should consider what a prospective buyer will require. Typically, the buyer will seek to acquire the property free from all charges, including the charge in favour of the selling mortgagee and any other charges...
The SRA Standards and Regulations set out a practice model: the freelance solicitor. This Practice Note outlines the regulatory position of freelance solicitors. It also distinguishes them from sole practitioners. It summarises practice limits for freelancers, alongside requirements on holding client money and indemnity insurance. It also provides guidance for law firms and in-house lawyers on the risks of dealing with a freelance solicitor on the other side of a transaction or matter. What is a freelance solicitor? ‘ Freelance solicitor’ is not a defined term in the SRA glossary. The SRA uses the term in guidance to describe a self-employed solicitor who is: practising alone and employing no one in connection with the services they provide practising in their own name (rather than using a trading name or a service company) engaged by clients directly, with fees paid to them...
1. What is the applicable legislation? Morocco has no standalone foreign direct investment ( FDI) statute. Instead, the framework for both domestic and foreign investment is found in the Investment Charter. In December 2022, the previous charter was replaced by a new Investment Charter enacted through Framework Law 03-22 ( Investment Charter 2022). Neither the former nor the current Investment Charter creates a comprehensive FDI review mechanism comparable to those seen, for example, in European countries. Rather, the Investment Charter 2022 concentrates on incentivising investment in specified sectors and regions. The amendments introduced with the new charter seek to streamline administrative procedures for investors, lower barriers to establishing and operating businesses in the country, enhance the transparency and predictability of administrative processes, and attract investment by offering a range of incentives. These incentives include tax advantages, subsidies, and other supportive measures aimed at...
1. What is the applicable legislation? There is no single, stand‑alone foreign investment statute that creates an all-encompassing foreign direct investment ( FDI) framework in Nigeria. Rather, the rules that apply to FDI sit across multiple enactments. The core provisions appear in: the Nigeria Investment Promotion Commission Act 1995 ( NIPCA 1995); the Foreign Exchange ( Monitoring and Miscellaneous Provisions) Act 1995, Chapter F34; the Companies and Allies Matters Act 2020 ( CAMA 2020); the Immigration Act 2015; the National Office for Technology Acquisition and Promotion Act 1979; and the Investment and Securities Act 2025 ( ISA 2025). In addition, subject to the state from which capital is deployed, multinational and bilateral investment treaties can be relevant. The latest adjustments to Nigeria’s FDI landscape concerned revisions to the procedures of the Nigerian Investment Promotion Commission ( Investment Commission) rolled out in 2023. Those changes are aimed at...
This Practice Note examines the equality action plan regime under the Employment Rights Act 2025 ( ERA 2025) This Practice Note reviews the equality action plan ( EAP) regime envisaged by the Employment Rights Act 2025 ( ERA 2025). It considers the legal architecture, the sorts of measures employers might be asked to include in an action plan, and which employers and workers are likely to fall within scope. It also signposts guidance, practical steps for drafting an action plan, and possible compliance and enforcement risks. ERA 2025, s 33 gives the government power to make regulations requiring employers to prepare and publish an EAP setting out what they are doing for their employees on prescribed gender equality matters. Those prescribed matters are not yet defined and will probably need further legislation; however, s 33(4) specifically singles out closing the gender pay gap and...
This Practice Note explores the steps taken by an inexperienced advocate when preparing a skeleton argument in advance of a hearing in civil proceedings. It sets out the general requirements for this crucial document and highlights court‑specific guidance. It also considers who should review the draft before the skeleton argument is lodged at court. What is a skeleton argument? A ‘skeleton argument’ (referred to in this Practice Note as the ‘skeleton’) is written advocacy preceding and supporting oral submissions. As the label suggests, its role is to map out the arguments an advocate for a party intends to advance on the issues for decision at the hearing to which the skeleton relates. It is not a full treatment of every contention, nor a vehicle for extensive detail about the party’s case. Ordinarily, it will identify the issues, provide limited background sufficient for swift...
What is the recognised legitimate interest lawful basis under the UK GDPR? This Practice Note sets out answers to FAQs on the new lawful basis of recognised legitimate interest, which the Data ( Use and Access) Act 2025 ( DUAA 2025) has inserted into Article 6 of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It also highlights core guidance from the UK data protection regulator, the Information Commissioner’s Office ( ICO), regarding this additional lawful basis Beyond introducing this ground under Article 6(1) UK GDPR, DUAA 2025 Parts 5 and 6 update a range of UK data protection provisions, including those concerning: data subject rights automated decision making the powers of the ICO For more detail on the amendments brought in by DUAA 2025 to UK data protection law, see Practice Note: The Data ( Use and...
This Practice Note looks at the powers of the Prudential Regulation Authority ( PRA) to impose and vary requirements For guidance on the cancellation of requirements, refer to Practice Note: Prudential Regulation Authority—cancelling permission and requirements. A ‘requirement’ is a condition the PRA places on an authorised person. The PRA’s remit over requirements is narrower than that of the Financial Conduct Authority ( FCA). It may only set requirements on: individuals who have applied for permission to carry on PRA‑regulated activities; PRA‑authorised persons who have applied for permission or for a variation of an existing permission; and FCA‑authorised persons who have applied to add PRA‑regulated activities to their permission. By comparison, the FCA can impose requirements on persons whether they have applied to the PRA or the FCA for permission or to vary a permission. Illustrations of a...
Popular documents
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 ]...
Discover more from LexisNexis
