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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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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......
This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 ( Ch A 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the Ch A 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the Ch A 1989 commenced) possessed in relation to the child’s property. Those rights extend to...
This Practice Note examines the requirement that a company’s annual accounts be audited in accordance with Part 16 of the Companies Act 2006 ( CA 2006), together with the statutory requirements of CA 2006 and other relevant legislation relating to the contents of the auditor’s report. Additional rules may apply to a company’s audit obligations where it is a listed company, an AIM company, or a company with securities admitted to the AQSE Main Market, AQSE Growth Market or AQSE Trading (formerly NEX Exchange Main Board, NEX Exchange Growth Market and NEX Exchange Secondary Market); however, those are outside the scope of this Practice Note. Requirement for a company to audit its accounts Under CA 2006, s 475, a company is required to ensure that its annual accounts for a financial year are subjected to audit in accordance with CA 2006, Pt 16, save where the...
The statutory framework governing the annual accounts and reports of medium-sized companies is found in: Part 15 of the Companies Act 2006 ( CA 2006) the Large and Medium-sized Companies and Groups ( Accounts and Reports) Regulations 2008 ( Large Companies Regulations) the Companies, Partnerships and Groups ( Accounts and Reports) Regulations 2015 (2015 Regulations) the Companies ( Accounts and Reports) ( Amendment and Transitional Provision) Regulations 2024 (2024 Regulations) This Practice Note focuses on the accounting regime applicable to companies under the 2015 Regulations, as amended by the 2024 Regulations. For a broad overview of the legislative framework for company annual accounts and reports, see Practice Note: Accounts and reports—an outline of the statutory framework. When the medium-sized companies regime applies The regime applies to a company for a financial year where the company: qualifies as...
This Practice Note reviews a typical transaction for the sale and purchase of a second-hand commercial vessel and, in particular, addresses: the main standard forms used in the market the delivery process transfer of title and risk delivery free from encumbrances the identity of the parties the key considerations for financiers For guidance on the steps to be taken and the documentation required when acting for a buyer of a vessel to be entered on the UK register, see: Shipping finance closure—checklist. Certain aspects of the sale and purchase of superyachts differ notably from comparable deals for commercial ships; for further detail, see Practice Note: Superyacht finance—sale and purchase of superyachts. Memorandum of Agreement Many second-hand ship sales are arranged through sale and purchase brokers (widely known as ‘ S& P’ brokers) acting for their clients (their principals). Negotiations usually progress through a sequence of written...
In standard project finance deals, lenders principally look to the project’s income streams to service the debt owed. Consequently, they place tight, legally enforced controls on how the project company handles its cash. This Practice Note sets out the common ways in which lenders typically apply these controls in project finance transactions. The purpose of project accounts Project finance lenders commonly require the project company to open a series of bank accounts (the ‘project accounts’) and strictly forbid the project company from opening or maintaining any other bank accounts. For further details on undertakings in a project finance transaction, see Practice Note: Project finance—undertakings (covenants). Each project account is assigned a specific, predefined role connected to the project......
CASE HUB ARCHIVED This archived case hub reflects the position as at the date of the judgment of 24 September 2019; it is no longer maintained. See further: the timeline and the relevant/related cases. Case facts Outline Proceedings brought seeking annulment of the Commission’s decision of 21 October 2015, which determined that selective tax advantages afforded to Starbucks by the Netherlands constituted unlawful State aid ( Case SA.38.374). Latest developments On 24 September 2019, the General Court delivered its judgment, allowing the appeals and thus setting aside the Commission’s 2015 decision. The General Court found, among other matters, that the Commission had not demonstrated that the methodology applied by the Netherlands in fact benefited Starbucks or reduced its tax liability in the Netherlands; and, as regards its reproach that the Dutch authorities had not examined a royalty paid between Starbucks subsidiaries, the Commission had failed to perform its own...
CASE HUB ARCHIVED This archived case hub reflects the position at the date of the judgment of 24 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Appeal to the General Court against the European Commission’s re-adopted decision concerning Printeos and Tompla (after the General Court annulled its original decision), confirming infringements and fines for involvement in a cartel in the paper envelopes market ( AT.39780). Latest developments On 24 September 2019, the General Court delivered its judgment, rejecting the attempt to annul the re-imposed fine. However, it ordered the Commission to pay the costs of the proceedings due to the careless manner in which its decision had been drafted. Parties Applicants: Printeos, SA and Printeos Cartera Industrial, SL (collectively, Printeos) Tompla Scandinavia AB, Tompla France and Tompla...
CASE HUB NOTE—appeal lodged before the Court of Justice in Case C- 850/19 P ARCHIVED ARCHIVED — this case hub captures the position as at the judgment dated 20 September 2019; it is no longer maintained. See the timeline for further information. Case facts Outline Case T‑217/17, FVE Holýšov I and Others v Commission — proceedings seeking annulment of the European Commission’s decision approving an aid scheme for installations generating renewable energy constructed in the Czech Republic between 2006 and 2012 ( Case SA.40171). Latest developments On 20 September 2019, the General Court delivered its judgment, by which it dismissed the action. Parties Applicants: FVE Holýšov I s. r. o......
CASE HUB ARCHIVED This archived case hub reflects the position as at the date of the judgment, 20 September 2019; it is no longer maintained. See further: timeline and relevant/related cases. Case facts Outline Applications for annulment before the General Court challenging the Commission’s decision of 27 July 2017 concerning corporate tax exemptions for ports in Belgium and France ( Case SA.38393). Latest developments On 20 September 2019, the General Court delivered its judgments, dismissing the appeals in full. In particular, the Court concluded, amongst other things, that the Commission made no assessment errors in finding that the ports were, at least in part, engaged in economic activities and therefore constituted undertakings within the meaning of the EU State aid rules, and in categorising the aid measure as selective......
Brexit— Banking & Finance cross border content [ Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Implications of Brexit for other jurisdictions: Brexit reshaped how the UK engages with other legal and regulatory systems, both within the EU and beyond. This Practice Note collates news analyses and articles that consider how EU Member States’ preparations for Brexit, together with their existing laws on matters such as trade, enforcement of judgments and the delivery of financial services, may influence the UK. The materials are presented by publication date, with the latest items appearing first......
This Practice Note sets out the guidance for the EXW Ex works Incoterm under the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. You can obtain the Incoterms® 2020 rules and further ICC titles from ICC Publishing SA, 38 Cours Albert 1er, 75008 Paris, France, and from ICC United Kingdom, 12 Grosvenor Place, London, SW1X 7HH, UK, as well as www.iccbooks.com. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to mirror market developments over the preceding decade. For the EXW term applicable up to that date, consult Practice Note: Incoterms® 2010 Rules— EXW Ex works [ Archived]. EXW (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Ex Works’ signifies that the seller delivers the goods to the buyer when it makes the goods available to the buyer at a specified place (such as a...
This Practice Note sets out the guidance relating to the FOB Free on Board Incoterm within Incoterms® 2020, reproduced with the consent of ICC Publishing SA and presented with acknowledgement. Incoterms® 2020 and other ICC titles can be obtained directly from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, as well as at www.iccwbo.org too. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 set to mirror market developments witnessed over the preceding decade. For the FOB term applicable until then, see Practice Note: Incoterms® 2010 Rules— FOB Free on board [ Archived]. FOB (insert named port of shipment) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free on Board’ signifies the seller completes delivery to the buyer when the goods...
Introduction This Practice Note offers a concise overview of how Brexit-related publications and announcements have affected the UK oil and gas sector, and what this means for the industry after IP completion day. On 23 January 2020, the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A 2020) was enacted, allowing the government to ratify the Withdrawal Agreement and transpose its terms into domestic law. Consequently, under EU( WA) A 2020 the UK continued to be legally subject to EU law throughout the transition/implementation period set out in the Withdrawal Agreement. At 11 pm ( GMT) on 31 December 2020, that Brexit transition/implementation period ended. From that moment (defined in UK law as ‘ IP completion day’), key transitional measures ceased and substantial changes started to operate across the UK’s legal framework. On 24 December 2020, the European Commission and the UK...
This material considers the UK GDPR regime This material addresses the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless expressly stated otherwise. For a fuller introduction to the UK GDPR, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and UK GDPR and EU GDPR—comparison. This Practice Note examines employment-related data protection issues that arise in connection with: a share purchase, where the buyer assumes ownership of the company that operates the business (the target company), thereby acquiring all of its assets, obligations and liabilities, whether or not the buyer knew of them—see: Share purchases: employment issues—overview an asset purchase, where, instead of buying the target company, the buyer selects the assets and...
The Financial Services Enforcement Database This database collates granular details on every substantive FCA and PRA Final Notice and, where obtainable, Decision Notices, from 2014 onwards. Coverage extends from 2014 to the present. Entries can be searched and filtered by: regulator, breach of rules/legislation, keyword, sector, date, financial penalty, aspects of penalty analysis, outcomes including redress and prohibition orders, other actions, such as referrals to the Upper Tribunal. The Financial Conduct Authority ( FCA) and the Prudential Regulation Authority ( PRA) are distinct legal bodies with differing objectives and separate investigatory and enforcement powers; nevertheless, arrangements exist that allow investigations to be undertaken jointly or in a co-ordinated manner. This Practice Note examines the legal framework and arrangements under which joint PRA and FCA investigations, disciplinary and enforcement action,...
Introduction This document provides swift links to the Precedents pertinent to copyright litigation. These include the principal statements of case used to commence and manage copyright proceedings. Precedents Letter of claim—copyright infringement Refer to Precedent: Letter of claim—copyright infringement. This Precedent letter of claim (also known as a letter before action or a cease and desist letter) is intended for situations where copyright infringement is alleged. Such a letter alerts the alleged infringer that court proceedings might be brought against them. The courts consider litigation a last resort; accordingly, parties are encouraged to settle disputes at an early stage by communicating and exchanging information and documentation. A letter of claim opens a route for dialogue between the parties and can often resolve the dispute without issuing proceedings. After an exchange of correspondence, the infringement may cease, and the copyright owner......
CASE HUB ARCHIVED This archived case hub reflects the position as at the decision dated 12 November 2019 and is no longer updated. See further: timeline, related cases. Case facts Outline European Commission merger review of the planned purchase by Telia Company AB of Bonnier Broadcasting Holding AB ( Case M.9076). The deal gives rise to vertical overlaps across television and telecoms markets in Finland and Sweden. Latest developments On 12 November 2019, the Commission approved the merger subject to commitments. Under these commitments: Access will be provided to the combined group’s free-to-air and basic pay TV channels, as well as its premium pay TV sports channels Access will be provided to the combined group’s streaming offerings Access will be provided to the combined group’s TV advertising inventory Confidential information relating to competing TV broadcasters, TV distributors and telecom operators will be...
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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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