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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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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...
Overview This Practice Note forms part of our LLB Contract Law series for law students. It surveys the remedies for breach of contract, with damages at the heart of the common law response. Setting remedies within the framework of contract, it explains when a party may terminate—most notably for breach of conditions and of innominate (or ‘intermediate’) terms. It then sets out the expectation principle from Robinson v Harman (1848) 1 Exch 850, stressing that an award should put the claimant in the position they would have been in had performance occurred. The Note next traces the principal constraints on recovery—causation, remoteness, and the duty to mitigate—and discusses leading cases on mitigation to show how these limits operate even once breach is proved. It also considers alternative measures—expectation, reliance and, in rare cases, restitutionary recovery—before addressing...
This Practice Note offers practical guidance on the execution of documents by third parties acting under a power of attorney, with emphasis on the principal provisions of the Powers of Attorney Act 1996 ( Ireland) ( POAA 1996 ( IRL))... What is a power of attorney? A power of attorney is an instrument—usually a deed—signed by, or on the instructions of, the donor that gives another person (the attorney) the authority to act for the donor in line with the instrument’s terms... The POAA 1996 ( IRL), which took effect on 1 August 1996, sets out the legal requirements for establishing a valid power of attorney... It is essential for practitioners to be conversant with the rules for appointing attorneys and for executing documents under a power of attorney... Contracting parties may face unintended consequences where an attorney has not been validly appointed, acts outside the scope of their...
Request A party in need of urgent interim relief, before the Arbitral Tribunal is constituted, may apply for the appointment of an emergency arbitrator ( Rule 12.1). A request for an emergency arbitrator can be submitted ( Rule 12.2): before submitting the notice of arbitration; when submitting the notice of arbitration; or at any time prior to the constitution of the Arbitral Tribunal. If the request is made before the notice of arbitration, the notice must be filed within 7 days thereafter ( Rule 12.3)......
This Practice Note sets out when the court may issue directions about the proper treatment and questioning of a witness or defendant at a ground rules hearing, explains the procedural framework for such hearings, and outlines the directions that might be made in a particular case. Those directions form part of a wider suite of special measures intended to support the effective participation of a vulnerable witness or defendant in criminal proceedings, where necessary and proportionate. For detail on other special measures available in criminal cases, see Practice Notes: Special measures and Special measures for the accused. The procedural scheme for a ground rules hearing appears in Part 3 of the Criminal Procedure Rules 2025 ( Crim PR 2025), SI 2025/909, with further guidance in Part 6 of the Criminal Practice Directions 2023 ( CPD 2023). Additional guidance is available in the Crown Court...
Restricted securities The provisions governing directors and employees in relation to restricted securities, as set out in Chapter 2, Part 7 of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003), are frequently seen in practice on management-involved corporate transactions. Put simply, restricted securities are employment-related securities which: at the time of acquisition are subject to identifiable restrictions that depress the value of the securities For the meaning of employment-related securities, see Practice Note: What is an employment-related security? For a fuller explanation of the definitions of restricted securities and restricted interests in securities, see Practice Note: What are restricted securities? Restrictions are commonly intended to encourage an employee or director to remain with the employer and to meet specified performance conditions. They may affect an employee’s ability to keep shares (for example, the articles of association may require a transfer to...
This Practice Note sets out a concise overview of recent key legal developments influencing Irish commercial lawyers throughout 2026 and beyond. Please send suggestions for topics to feature in our horizon scanner to: irelandcurrentawareness@lexisnexis.com. To monitor forthcoming legal and regulatory changes for Irish commercial lawyers, see Practice Note: Ireland— Commercial horizon scanner 2026. For previously tracked Irish commercial developments, see Practice Notes: Ireland— Commercial horizon scanner 2025 [ Archived] and Ireland— Commercial horizon scanner 2024 [ Archived]. The tracker highlights principal Irish commercial law developments across: contract consumer protection competition agency and distribution sale and supply of goods and services confidential information and intellectual property data protection and e Privacy digital trade Legislation This section provides details of recent legislative changes relevant to Commercial practitioners that are partly or fully in force. Act/ SI title:...
This How to Guide explains: the time period allowed for registering charges at Companies House the consequences of failing to register a charge at Companies House how to apply for an extension of time, and what the courts will consider when deciding whether or not to allow the extension For detailed information on the registration of security at Companies House, please see the following Practice Notes: Registering security at Companies House How to register security at Companies House Problems with registering security at Companies House—what to do next What is the time period for registering charges at Companies House? All charges created by a UK company or LLP must be registered at Companies House, subject to certain limited exceptions. The ‘period allowed for delivery’ of a registrable charge, together with the accompanying statement of...
This Practice Note This Practice Note is a horizon scanner mapping key future developments in the field of Employment law in Ireland for 2026. It sets out essential dates for your diary (including projected timings where precise dates are not yet known) together with relevant commentary in relation to: Legislation: Bills in progress Acts not in force, partially in force or subject to staged introduction Statutory Instruments in progress Statutory Instruments partially in force or subject to staged introduction Case appeals and enforcement: Supreme Court High Court District Court...
For law firms, business development works best when it is guided by a clear, systematic and transparent approach. All too frequently, practices rush into tasks—like networking, authoring articles or rolling out campaigns—before properly grasping where they stand, settling on intended outcomes, or mapping the route to reach them. This document brings together three critical core phases of business development planning as follows: grasping your present position via both internal and external analysis establishing clear, meaningful firm goals and objectives creating a targeted, coherent business development and marketing strategy Taken together, these steps provide a practical, reliable foundation for sustainable growth. They ensure business development activity is purposeful, aligned with firm strategy, and capable of delivering measurable results. See also Precedents: Business development—internal analysis—law firms Business development—external market analysis—law firms Business development aims, goals and...
Your complaints handling framework (see Practice Note: How to implement and maintain effective complaints handling procedures—law firms) should reflect the scale and character of your firm. Recognise that some circumstances will call for a more bespoke response, while still being managed within your overall complaints processes. This How-to-guide highlights examples where additional factors may need attention beyond those covered by your standard complaints handling framework... Complaints about the bill Concerns about bills arise fairly often. You must handle a billing complaint in exactly the same manner as any other complaint. The Legal Ombudsman ( Le O) has issued guidance on Complaints about legal costs, having identified recurring themes. Although aimed particularly at matters funded by conditional fee agreements, it offers a broader view of Le O’s general approach. When assessing cost-related complaints, Le O will consider whether, from the outset, you ensured the client fully...
This tracker captures legislation taking effect in 2026, arranged in chronological order. Updates are published on a month-by-month basis throughout the year, and links to relevant news reports are included where appropriate. For legislation commencing later in 2026, see Practice Note: Legislation tracker— Employment. For measures in force prior to 2026, refer to these Practice Notes: Archived—2025 Legislation tracker— Employment Archived—2024 Legislation tracker— Employment Archived—2023 Legislation tracker— Employment Archived—2022 Employment horizon scanner—dates for your diary Legislation in force— January 2026 Commencement date (unless otherwise indicated) Legislative change 6 January 2026 Exclusivity clauses—protections for low-income and zero hours workers Section 8 of the Employment Rights Act 2025 ( ERA 2025) widens the current protections to apply to all zero hours arrangements, whether contractual or not, and covers any restriction on taking work elsewhere. Any such term is void and...
This Practice Note offers practical direction on completing an export declaration for goods leaving Great Britain. It explains when a declaration is required, what information a customs declaration must contain, how to lodge it, and what happens once it has been sent. Introduction Customs declarations enable government to: monitor the movement of goods across borders ensure tariffs and duties are settled secure compliance with import and export requirements confirm that goods are safe and lawful Accordingly, declarations are required both when goods enter the UK (an import declaration) and when they leave it (an export declaration). When is an export declaration needed? An exporter must make an export declaration when: goods depart from Great Britain the shipment is commercial rather than personal the goods are controlled, restricted, or excise items Check before you submit Before submitting, check whether the location from which the goods are...
This Practice Note sets out the essentials of Regulation ( EU) 2024/2847, the EU Cyber Resilience Act ( CRA): its background, timeline, aims, and how it aligns with other EU laws. For details on the CRA’s scope or core duties for economic operators, see the following Practice Notes: The EU Cyber Resilience Act—scope and classification of products The EU Cyber Resilience Act—obligations, compliance and enforcement Regulation ( EU) 2024/2847, known as the CRA, is the first EU measure to set mandatory cybersecurity requirements for ‘products with digital elements’ across the EU. From December 2027, products that do not satisfy these requirements cannot be placed on the EU market. Accordingly, compliance will be crucial for market entry for both hardware and software. Manufacturers, importers and distributors will have extensive cybersecurity responsibilities and risk significant fines for...
This Practice Note summarises principal documents commonly used in debt securities and structured products deals, clarifies when instruments should be executed as deeds rather than simple contracts, and outlines the formalities that apply under English law. It further addresses virtual and electronic signing options, such as e‑signature platforms and electronic global notes, and flags issues to consider when executing foreign law documents. Documents typically involved in debt securities and structured products transactions The documents signed in debt securities and structured products matters differ according to the particular deal and way it is structured. Debt capital markets ( DCM) deals generally follow one of two structural approaches—using either a trustee framework or, alternatively, a fiscal agent framework. A fiscal agent structure is adopted where no trustee is appointed (which can often occur in jurisdictions that do not recognise such...
The extended producer responsibility ( EPR) regime for packaging and packaging waste The extended producer responsibility ( EPR) regime for packaging and packaging waste shifts the entire cost of managing household packaging waste from households to packaging producers, placing on them accountability for their packaging costs throughout its lifecycle. Lower charges apply to sustainable packaging, incentivising designs that use fewer materials and are easier to recycle. Under EPR, Local Authorities ( LAs) receive producer-funded payments covering the net costs of collecting, managing, recycling and disposing of this household packaging waste. EPR is governed by the Producer Responsibility Obligations ( Packaging and Packaging Waste) Regulations 2024, SI 2024/1332 (as amended). These regulations define a range of persons and bodies with specific functions within the regime. These are: producers—these are the principal duty holders compliance schemes the Scheme...
Practice Note This Practice Note distils illustrative rulings handed down after October 2025 that bear on the determination of limitation periods under the Limitation Act 1980 ( LA 1980). Its purpose is to outline the breadth of issues that may arise and potential judicial approaches, concentrating on decisions most likely to interest a dispute resolution practitioner. For summaries of decisions relevant to the LA 1980 issued before October 2025, see the following Practice Notes: Limitation and extensions of time—key and illustrative decisions [ Archived] Limitation and amendments—illustrative decisions (pre- May 2025) [ Archived] For further information on the LA 1980, and links to practical content addressing limitation periods for claims most likely to be relevant to a dispute resolution practitioner, see: Limitation—overview. Case details and analysis Chancery Division ( Business List) — Sculfor v MGN Ltd [2026] EWHC 597 ( Ch) Judgment date: 16 March 2026 Case summary: Arising from a...
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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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