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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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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...
Note: With effect from 6 April 2023, the provisions in CPR 19 were renumbered and amended pursuant to the Civil Procedure ( Amendment) Rules 2023, SI 2023/105—see LNB News 02/02/2023 98— Amendments to the Civil Procedure Rules in force on 6 April 2023— The Civil Procedure ( Amendment) Rules 2023. Further, modest amendments were made to CPR PD 19B by the 153rd practice direction update to the CPR—see LNB News 07/02/2023 72—153rd Practice Direction update—changes in force 31 January 2023 and 6 April 2023. The provisions addressing group litigation orders ( GLOs) are now contained in CPR 19.21 to CPR 19.26 (renumbered from CPR 19.10 to CPR 19.15) and CPR PD 19B. However, note that many of the cases referenced below (decided before 6 April 2023) still cite the old numbering. Where the context of the provision has changed since the case was...
This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators ( IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 ( AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those...
ARCHIVED — this archived case hub records the position as at the date commitments were accepted on 11 July 2022; it is no longer maintained. See further, timeline. Case facts Outline European Commission Article 101 TFEU investigation into a network sharing arrangement in the Czech mobile telecommunications sector between O2, CETIN and T‑ Mobile ( Case AT.40305). Latest development On 11 July 2022, the Commission accepted commitments from T‑ Mobile CZ, CETIN and O2 CZ (together with their parent companies, Deutsche Telekom and PPF), thereby closing its investigation. The Commission agreed to revised commitments put forward by the parties to modernise mobile network equipment, enabling greater flexibility and independence for the two sharing operators in specified radio frequencies. The parties also undertook to review and adjust the financial terms for unilateral network deployments, and to strengthen contractual provisions so that information exchange is limited to what is...
This Practice Note offers a beginner’s overview of construction disputes, intended for trainee solicitors and others unfamiliar with the area. It outlines what a construction disputes lawyer does, the disputes that frequently occur on projects, and gives a primer on adjudication, dispute boards, proceedings in the Technology and Construction Court ( TCC), construction arbitration and alternative dispute resolution ( ADR). It also considers the nature of disputes that routinely emerge on construction projects and the role undertaken by the disputes lawyer. We suggest reading Practice Note: Construction law—new starter guide, which sets out the core principles of construction law and the characteristics of construction projects, before tackling this note. The content of this Practice Note is also available as a Power Point deck with speaker notes—see: Introduction to construction disputes—training materials. You might also consider Practice Note: Dispute...
For other frequently used film and TV terms, see the following: Film and TV glossary C– D Film and TV glossary E– H Film and TV glossary I– L Film and TV glossary M– P Film and TV glossary R– S Film and TV glossary T– W Abandonment When a commissioning producer acquires takeover rights and, then or later, at any time, decides in their sole and absolute discretion that completing the film is not financially viable, they may, by notice in writing, delivered to the film production company itself, formally declare the production of the film abandoned and thereby bring the film’s production to a formal end. Acquisition agreements These agreements are intended for use in circumstances where a company obtains from the film’s owner rights across multiple separate media for a specified territory. See: Acquisition...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision of 9 July 2019; it is no longer maintained. See further, timeline commentary andrelated cases. Case facts Outline The European Commission pursued an Article 101 investigation into vertical limitations that prevented traders from selling licensed goods into other EEA markets. These measures covered products featuring Hello Kitty or other Sanrio-owned characters. Latest development On 9 July 2019, the Commission delivered an infringement decision against Sanrio, levying a €6,220,000 fine (following an ‘informal settlement’) for applying vertical constraints on cross-border sales of licensed merchandise depicting Hello Kitty or other characters, in breach of Article 101 TFEU. Parties Sanrio Company, Ltd ( Sanrio) is a Japanese company that creates, licences, produces and sells products featuring Hello Kitty, an anthropomorphic cat girl also known by her full name Kitty White, along with other well-known...
The SRA Code of Conduct for Firms ( Code for Firms) obliges your practice to maintain robust governance structures, arrangements, systems and controls to secure, among other outcomes, compliance by the firm, its managers and staff with the SRA’s regulatory arrangements and any other relevant regulatory or legislative duties. This Practice Note explores the Code for Firms requirements, explains what governance means, and how to put in place clear, transparent governance arrangements. It reflects the provisions in the SRA Standards and Regulations. What is governance? There is no single, universally agreed definition of governance, whether within legal services or across the wider corporate landscape. OECD definition In 1999, the Organisation for Economic Co-operation and Development ( OECD) described corporate governance as the framework by which business companies are steered and overseen. A governance structure sets out how rights and...
CASE HUB NOTE—appeal lodged before the General Court in Case T- 876/19 in relation to the imposition of interim measures ARCHIVED – this case hub captures the position at the date the commitments were accepted on 7 October 2020; it is no longer maintained. For more, see the timeline, commentary and related cases. Case facts Appeal before the General Court ( Case T‑876/19). Outline European Commission Article 102 TFEU probe into Broadcom Inc concerning alleged exclusionary conduct in supply of systems-on-a-chip for TV set‑top boxes and modems ( Case AT.39711). Latest development On 7 October 2020, the Commission stated it had accepted commitments from Broadcom, and therefore closed the investigation......
This Practice Note has been prepared in collaboration with Anthony Partridge of Ogier, Cayman Islands, and Wisdom Hon of Ogier, Hong Kong. Introduction For individuals who are not domiciled in the Cayman Islands but personally hold assets located in the Cayman Islands, they may put in place a separate Will governed by Cayman Islands law to dispose of those assets and ease the subsequent probate process. Under Cayman Islands law, the governing law for both the formal validity and the essential/material validity of a Will made by a person domiciled abroad depends on the nature of the assets concerned. For immovable property situated in the Cayman Islands, the applicable law is the lex situs, namely the law of the Cayman Islands. For movable property, including cash held in bank accounts or shares in Cayman Islands companies (such as Cayman Islands exempted companies), the applicable law is the law of the...
Application for Grant of Probate No Grant of Representation will be issued by the Registry unless, at the date of death, the deceased owned assets solely in their name, located within the Registry’s jurisdiction, and the relevant asset holder confirms that a grant is needed for those assets. Guernsey domiciled testator In Guernsey, the Probate Registry administers the probate jurisdiction locally. The Registrar manages the Registry’s day-to-day business, handling daily administration in practice......
Legal framework Although a grant of probate is not a statutory necessity in Guernsey for a deceased person’s Will, in practical terms it is commonly required to enable the administration of the deceased’s Guernsey‑situs assets. As a consequence, individuals domiciled abroad who hold Guernsey‑situs property are increasingly adopting Guernsey‑specific Wills to streamline the management of their Guernsey estate on death. Guernsey’s legal system is founded on customary law, with succession and real property rules derived from the Norman and French common law predating 1789. That heritage influences how Guernsey Wills are interpreted and how succession to Guernsey realty operates. These historical foundations continue to shape current practice and procedure today. Even so, Guernsey also seeks to acknowledge the validity of foreign Wills, aligning with shared objectives of private international law. This policy aims to ease cross‑border estate...
Pilot schemes in the Family Court A range of pilot schemes are currently in force within the Family Court. Their framework is contained in the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 36, together with the associated practice directions. Many, though not all, sit within the HM Courts and Tribunals Service ( HMCTS) digitalisation programme, aiming to improve the efficiency of family proceedings. This Practice Note summarises the pilots, including those concerned with: divorce private and public children financial remedy applications consent orders domestic abuse transparency video hearings female genital mutilation forced marriage protection orders The table below identifies when each pilot began, when it expired or is due to expire, and where to locate further guidance on the individual schemes. The pilots are set out in FPR 2010, SI 2010/2955, Pt 36 and the...
This Practice Note This Practice Note reviews the process and requirements for lodging applications for settled and pre-settled status under the EU Settlement Scheme (the Scheme). It addresses: the need to make and submit a ‘valid’ application detailed procedural steps for seeking immigration permission via the Scheme (for European Economic Area ( EEA) citizens and non- EEA citizens, from inside and outside the UK) the Home Office’s ‘ EU Exit: ID Document Check’ app the evidential standards and proofs (covering proof of identity and nationality, residence, and extra documents required for family members) formal authority for a legal representative to liaise with the Home Office in relation to the application the ongoing obligation to keep the Home Office updated regarding specified details following the grant of leave The Practice Note also outlines the application route for family permit...
CASE HUB NOTE—appeal lodged before the General Court in Case T-84/22 ARCHIVED — this archive reflects the position as at the 2 December 2021 decision and is no longer maintained. For more, see the timeline, commentary, and related cases. Case facts Outline European Commission Article 101 TFEU investigation into three cartels in the Spot Foreign Exchange market for 11 markets ( AT.40135). The cartels featured the exchange of confidential information and, at times, the coordination of trading strategies. Latest development On 2 December 2021, the Commission adopted a second infringement decision after Barclays, RBS and HSBC settled with the Commission and acknowledged participation in a third cartel (the Commission’s 2021 decision). Fines totalling €261m were issued. Under the ordinary procedure, the Commission also imposed fines of €83m on Credit Suisse. For the ‘ Sterling Lads’ cartel, the penalties were: UBS — €0 (immunity...
ARCHIVED: This Practice Note has been archived and is not maintained. Originally prepared for Lexis Practice Advisor®, in the US, this Practice Note sets out an introduction to the Leahy- Smith America Invents Act ( AIA), the first significant overhaul of the US patent system since the Patent Act of 1952. The AIA moves the US system from first-to-invent to first-to-file for patents with an effective filing date on or after 16 March 2013. In a first-to-file regime, the patent is awarded to the inventor who files earliest, rather than the inventor who first reduces the invention to practice. This encourages timely filings and, in most instances, removes the need to resolve who invented first. The change to first-to-file also harmonises the US patent framework with foreign systems, which are largely...
This Practice Note summarises the Financial Conduct Authority’s ( FCA) Asset Management Market Study, conducted from November 2015 to June 2017. It considers: the study’s background its key findings remedies the FCA proposed to tackle the problems uncovered and progress in implementing those remedies since the FCA’s final report Background to the study The FCA released the terms of reference for the Asset Management Market Study ( AMMS) on 18 November 2015, alongside its dedicated AMMS webpage. Those terms emphasised the scale of UK assets under management—around £6.6trn in 2014–15—and the central role of asset managers in matching prospective investors with companies or governments seeking capital for investment, expansion or to finance ongoing operations. Given the sector’s substantial size and its impact on consumers, whether directly (for example via pension funds) or indirectly (through insurance premiums), the FCA stressed that effective competition is vital for these services. On that basis, the...
ARCHIVED: This archived Practice Note summarises the Fee- Paid Judicial Pension Scheme ( FPJPS), introduced by the Judicial Pensions ( Fee- Paid Judges) Regulations 2017, SI 2017/522, arising from O’ Brien v Ministry of Justice. It covers the statutory framework, governance, eligibility, contributions and benefit design. This note is not maintained... Statutory framework The Judicial Pension Scheme includes several arrangements: Judicial Pension Scheme 1981 ( JPS 1981). Salaried judges appointed before 31 March 1995 will usually be members of this unfunded final salary scheme, created under JPA 1981. Judicial Pension Scheme 1993 ( JPS 1993 or JUPRA). Salaried judges appointed between 31 March 1995 and 31 March 2015 will generally be members of this unfunded final salary scheme, established under JPRA 1993. Note that: There is an entitlement to elect to move from JPS 1981 to JUPRA at any point up to six months after...
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It addresses the test for dishonesty (per Ivey v Genting) and identifies when a court may draw an inference of dishonesty (and therefore fraud) from facts it finds proved. This discussion is separate, albeit connected, to the issues of pleading fraud and dishonesty—see Practice Note: Civil fraud—pleading fraud and dishonesty. This Practice Note considers: the standard of proof in civil fraud cases dishonesty in a civil context whether recklessness equates to dishonesty, and the concepts of ‘targeted suspicion’ and ‘blind-eye knowledge’ evidencing and proving dishonesty in civil claims, including: the general approach to evidence in fraud cases, whether the alleged fraud ought to have been obvious, the witnesses (their credibility or their absence) and the position of third parties whether...
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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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