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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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Key cases on schemes of arrangement This Practice Note summarises selected authorities and linked materials on schemes of arrangement. Matters are grouped by topic and cover: Class issues Jurisdiction/sufficient connection issues Valuation issues Scheme meeting/voting and cram-down Convening hearing/sanction hearing issues Class issues Re SWS Holdings Ltd [2025] EWHC 2690 ( Ch) (sanction) — 9 October 2025. Parallel contract: the Tap Bonds (which would have sat in Class A4) were issued after the scheme meetings and so were not caught by the schemes. However, the beneficial owners directed the security trustee to execute an amendment agreement so their terms were adjusted as if bound by the SWS Scheme (see [9]–[10]). Relevant content: Practice Note: Part 26 scheme deal debrief— SWS Holdings Limited and Greensands Financing Plc (part of the Southern Water group). Re SWS Holdings Ltd [2025] EWHC 2318 ( Ch) (convening) — 2 September 2025. To avoid a...
Gross negligence manslaughter Gross negligence manslaughter is a common law offence arising where an individual’s failings meet strict criteria. It is committed when the offender: owes the victim a duty of care and breaches that duty and that breach leads to the victim’s death and, given the risk involved, their behaviour is so seriously deficient that it amounts to a criminal act or omission For guidance on manslaughter by gross negligence, see Practice Note: Involuntary manslaughter. Only a person can commit gross negligence manslaughter; it should not be mistaken for manslaughter attributable to a company, which is a statutory offence under the Corporate Manslaughter and Corporate Homicide Act 2007. For information on corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide. Sentencing of organisations for corporate manslaughter is covered by the Crown Court...
This Practice Note offers guidance on the overall conduct of an arbitration under the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in Practice Note: HKIAC (2018)—the HKIAC Administered Arbitration Rules—application and key features, the 2018 HKIAC Rules generally govern HKIAC arbitrations begun on or after 1 November 2018, unless the parties agree otherwise; for arbitrations initiated before 1 November 2018, the 2013 HKIAC Rules will generally apply, again subject to party agreement. For an introduction to the HKIAC and its structure, see Practice Note: HKIAC—background to and structure of the institution. For guidance on commencing and answering proceedings, see Practice Notes: HKIAC (2018)—starting an arbitration and HKIAC (2018)—responding to a HKIAC arbitration. The overall approach to procedure in a HKIAC arbitration Each arbitration is unique, and a chief attraction of this form of...
This Practice Note offers an overview of the Hong Kong International Arbitration Centre ( HKIAC) Administered Arbitration Rules 2018 (the 2018 HKIAC Rules; HKIAC 2018). As outlined in more detail below, the 2018 HKIAC Rules generally apply to HKIAC arbitrations commenced on or after 1 November 2018, unless the parties have agreed otherwise. For background on the HKIAC and its composition, see Practice Note: HKIAC—background to and structure of the institution. The HKIAC Administered Arbitration Rules 2018—scope of application ( HKIAC 2018, art 1) Absent a different party agreement, the 2018 HKIAC Rules govern all arbitrations where the Notice of Arbitration is filed on or after 1 November 2018 and the arbitration agreement (made either before or after a dispute arises): states that the 2018 HKIAC Rules apply; or provides for arbitration ‘administered by HKIAC’ or wording to similar effect ( HKIAC 2018, arts 1.4 and...
CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment date of 18 October 2018; it is no longer being maintained. NOTE— Appeal lodged before the Court of Justice in Case C- 823/18 Commission v GEA Group See further: timeline and commentary. Case facts Outline Appeal before the General Court against the amended European Commission decision that found an infringement and levied fines on GEA for its role in the heat stabilisers cartel ( AT.38589). Outcome On 18 October 2018, the General Court delivered its judgment, by which it annulled the amended Commission decision in full. Parties Applicant: GEA Group AG ( GEA), a German provider of process technology to the food sector and a broad spectrum of other industries. Defendant: European Commission Background By decision of 11 November 2009 (the 2009 Commission Decision), the Commission imposed fines on, amongst others, Aachener Chemische Werke...
This Practice Note explores following and tracing and addresses several of the more challenging facets of the exercise, including tracing through chains of transactions, the idea of ‘backwards tracing’, cherry-picking in tracing (mixed substitutions), and tracing in relation to digital assets. ‘ Following’ and ‘tracing’ are not causes of action in themselves, but evidential techniques for locating and identifying assets against which a claim might be brought. See Practice Note: Proprietary remedies—following and tracing. While following and tracing can sometimes be relatively simple, there are circumstances when they are especially difficult both conceptually and evidentially. A number of these issues are set out below. Tracing and chains of transactions (inference in tracing gaps) Where funds are pursued through multiple bank accounts across separate transactions, problems can arise in proving that the money that left one account is the same money ultimately sitting in a...
This Practice Note centres on supply chain sustainability within the EU and the implementing legislative measures of the European Green Deal. It offers a practical outline of the principal laws across core themes such as supply chains, product-specific regimes, and sustainability-linked due diligence obligations for trading in the EU. Note that wider, product‑specific rules should likewise be taken into account when evaluating due diligence duties. This Practice Note does not address UK legislation. For further information on legislation in the UK, see Practice Note: Supply chain sustainability— UK. What is supply chain sustainability in the EU and why is it important? During the last ten years, the EU has shifted supply chain sustainability from a voluntary strand of corporate social responsibility to a core element of regulatory compliance under the European Green Deal. This embodies the view that sustainable supply networks are essential to...
Artificial intelligence ( AI) and automated decision-making ( ADM) augment or substitute for human decision-makers in UK public administration. Examples include police use of live facial-recognition cameras, automated computations of social security entitlements, predictive environmental modelling, and algorithms proposing planning or licensing outcomes. UK government guidance treats ADM broadly, encompassing both fully automated outputs and tools that support human judgement. The legal principles set out in this Note bite even where a person ostensibly signs off the decision but substantially depends on an AI-derived score or recommendation. These technologies may deliver efficiency yet can trigger legal or comparably weighty consequences for individuals. The UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 ( DPA 2018), the Human Rights Act 1998 ( HRA 1998) and the Equality Act 2010 ( Eq A 2010) impose...
Omnibus I (sustainability simplification package)—introduction The Commission issued a Communication on Simplification and Implementation on 12 February 2025, which sets out how it intends to make applying EU rules easier in practice over its 2024–2029 mandate, and elaborates further on the Commission’s plan to streamline a range of EU legislative measures. As highlighted in that Communication, a principal objective for this period is to cut administrative burdens (including reporting obligations) by at least 25% for all companies, and by at least 35% for small- and medium-sized enterprises ( SMEs). As an immediate priority, in particular, the Commission aims to address what it regards as overlapping, needless, or disproportionate requirements that weigh on EU businesses and which may, as a result, stifle growth and hinder development. This ambition is to be delivered chiefly through the adoption of omnibus...
This Practice Note reviews certain judicial decisions that demonstrate how Part III of the Private International Law ( Miscellaneous Provisions) Act 1995 ( PIL( MP) A 1995) operates in tort matters. Judgment and citation Facts Decision Walter Hugh Merricks CBE v Mastercard Inc [2024] EWCA Civ 759 at para [146] The proceedings involved follow-on competition claims. The Court of Appeal regarded this as an exceptional instance where the section 11 rule should yield to section 12. Its reasoning was markedly shaped by the Commission’s decision and the collective redress setting. The logic was that section 11 would otherwise lead to applying the laws of the countries in which the anti-competitive restriction occurred. Yet here, the European Commission had already determined the restriction of competition and the court was dealing with a follow-on action. It was judged ‘substantially more appropriate’ for the questions in the...
Over the course of the past month, annual adjustments have been made to merger control thresholds in Canada, Italy and the Philippines, while Montenegro has revamped its regime, introducing swifter timetables and more adaptable filing provisions. Canada—thresholds remain the same in 2026 On 2 March 2026, the Canadian Competition Bureau ( CCB) confirmed, after its yearly review, that Canadian merger notification thresholds will stay exactly as they are for 2026. The thresholds remain (in brief): size of transaction test: the target must be, or control, an operating business in Canada with more than CDN$93m (approximately €58.9m/ US$66.6m) in Canadian assets (book value) or gross revenue produced by those assets from sales in, from or into Canada (ie domestic plus export sales), and size of parties test: all parties and their affiliates (in aggregate) must together hold over CDN$400m...
EU mandatory corporate sustainability reporting—core legal framework Corporate sustainability—understood as performance against environmental, social and governance ( ESG) standards—has risen sharply in importance among investors, consumers and employees in recent years. In parallel, there has been swift expansion of ESG criteria (also called ESG metrics or factors) used to assess how a, typically corporate, undertaking performs. The central aim of the EU and worldwide mandatory and voluntary ESG reporting regimes is to gather quantifiable information demonstrating whether corporate bodies are genuinely ‘sustainable’ for each ESG measure pertinent to their operations, and to make those data as open and accessible as possible for investors and other stakeholders. Within the EU, the principal legislation setting out compulsory sustainability reporting is Directive 2013/34/ EU on annual financial statements, consolidated financial statements and related reports of certain categories of undertakings (the EU Accounting Directive), as updated...
This Practice Note provides practical direction on implementing the EU Digital Operational Resilience Act, Regulation ( EU) 2022/2554 ( DORA), in Ireland. On 17 January 2025, Regulation ( EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector took effect in Ireland and throughout the EU. This Practice Note offers a high-level overview of DORA’s principal obligations and sets out more detailed information on Irish implementing legislation connected to DORA, alongside Irish regulatory guidance, commentary, template documentation and expectations relevant to financial entities regulated in Ireland that fall within DORA’s scope. DORA key requirements DORA applies to the wide range of financial entities listed in Article 2(1) of Regulation ( EU) 2022/2554. Its obligations are generally grouped under five pillars. ICT risk management framework: financial entities must establish an oversight and...
Background By 2 December 2026, EU Member States are required to have transposed the Platform Work Directive ( Directive ( EU) 2024/2831) ( PWD), adopted on 23 October 2024 and published on 11 November 2024. This Practice Note examines how reclassification under Article 5 might be introduced in Ireland. The working assumption is that Ireland will regard its current framework—statute and common law—on employment status as adequate to give effect to the PWD. Before turning to the present text of the PWD, it is necessary to situate it within its wider background. The headline of the initial proposal centred on a presumption of employment for persons delivering services via labour platforms. The 9 December 2021 draft ( COM(2021) 762 final) set out the original presumption model, creating a presumption of an employment relationship wherever a labour platform directed how work was...
Introduction and background Certain advisers who deliver tax advice and deal with HMRC for clients will have to enrol with HMRC in future and comply with baseline standards set by the department. HMRC has signalled that roll-out will feature a transition window of no less than three months. In the Autumn Budget 2024, on 30 October 2024, the government stated it would require registration of tax advisers acting with HMRC on clients’ behalf from April 2026, and it released a summary of replies to a consultation first issued in March 2024. Those replies clearly backed compulsory registration. In Budget 2025, the government said that, in light of the consultation feedback, it would not regulate tax advisers and would collaborate with the profession to lift standards in the tax advice market. In July 2025, HM Revenue & Customs ( HMRC) issued draft...
The Courts and Tribunals Bill sets out sweeping changes to the criminal justice system in England and Wales, designed to cut backlogs and improve efficiency. For criminal practitioners, headline shifts include ending the option to elect a jury trial, widening the categories of cases that can be heard in the magistrates’ court, removing juries for certain either-way offences, overhauling how appeals to the Crown Court are made, and introducing judge-only trials for matters that are complex or lengthy. This Practice Note surveys the core proposals affecting the criminal justice system in England and Wales, considers how they may operate in practice, and clearly highlights potential benefits and drawbacks of the reform package across the jurisdiction as a whole today. Background The Courts and Tribunals Bill was brought forward amid what the UK government characterises as a criminal justice system ‘in crisis’, with a record queue of tens of...
This Practice Note summarises key authorities and linked materials on the duty to co-operate with an office-holder under section 235 of the Insolvency Act 1986 ( IA 1986). The cases are grouped by topic and cover: scope of the duty use of information obtained enforcement For further reading on this subject, see Practice Notes: Basic principles—the delivery-up of information and property to the insolvency office-holder Duty to co-operate with office-holder under section 235 of the Insolvency Act 1986 Scope of the duty Names of parties: Webb (as joint liquidators of Eversholt Rail (365) Ltd (in liquidation)) v Eversholt Rail Ltd [2026] EWHC 101 ( Ch) Judgment date: 22 January 2026 Case summary: Liquidators must demonstrate a reasonable need for documents or information under IA 1986, ss 235 and 236. An attempt merely to recreate the...
This Practice Note summarises the disclosure requirements for claims allocated to the small claims track. For general guidance on disclosure, see: Disclosure—overview. Note: this Practice Note does not cover claims subject to the Disclosure Scheme in the Business & Property Courts. For guidance on that Scheme, see: Disclosure Scheme ( Business & Property Courts)—overview. For general guidance on disclosure in other tracks, see the following Practice Notes: Disclosure in fast track cases Disclosure in intermediate track cases Disclosure in multi-track cases The scope of a claim in the small claims track Claims on the small claims track are described as ‘small claims’. This track is intended for claims worth under £10,000. For further guidance on cases allocated to and progressing on the small claims track, see Practice Note: Small claims track—case management. Proceedings in the small claims track are governed by CPR 27 and CPR PD...
Introduction This guide sets out the steps a solicitor preparing a Will should weigh when dealing with a testator who intends to omit a family member or dependant where a challenge may arise. It reviews the background to the testator’s choice, which ought to be recorded on the file in as much detail as possible to explain the reasoning behind it. It also addresses the statement a solicitor should draft within the Will, or refer to in the Will, giving a clear signal that this potential beneficiary was considered and intentionally left out. Estates are being litigated more often, and even a modest estate can represent a life changing sum for many. While it may not be entirely feasible to prevent a claim, certain measures can lessen claims and the related risks. Relevant...
This Practice Note outlines the UK framework for product governance that insurance firms must follow when manufacturing and distributing insurance products. It explains how the rules introduced by the Insurance Distribution Directive ( Directive ( EU) 2016/97) ( IDD) were transposed in the UK, as reflected in Chapter 4 of the Financial Conduct Authority’s Product Intervention and Product Governance sourcebook ( PROD 4), and summarises the position of those rules after the UK’s withdrawal from the EU... Background IDD product oversight and governance requirements The IDD brought in product oversight and governance ( POG) duties for insurers and intermediaries that design insurance products for customers. Under Article 25, firms must establish, run and periodically review a product approval process for every insurance product—and for any material changes to an existing product—before it is marketed or distributed. That process must 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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