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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 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...
This Practice Note considers: the key risks for financial institutions lending to commercial organisations that use artificial intelligence ( AI) or to AI companies the principal documentation issues when lending to commercial entities that use AI or to AI companies (as applicable) the main considerations when taking security from commercial entities that use AI or from AI companies To promote clarity and avoid inconsistent usage of AI-related terminology, defined terms in this Practice Note carry the meanings given in Practice Note: Artificial intelligence—glossary of terms for legal professionals. Where further expressions are introduced, their meanings for this Practice Note are set out within it. For broader guidance on AI matters, see Practice Notes: Artificial intelligence and machine learning—an introduction to the technology Artificial intelligence ( AI) resource kit Key risks when lending to businesses that use AI or to AI...
Introduction Exemption clauses are contractual provisions that seek to exclude or limit liability for particular breaches, acts or omissions. They are prevalent in both commercial and consumer agreements and primarily operate to allocate risk. Nevertheless, they often trigger concerns about fairness and disparities in bargaining power, prompting extensive judicial oversight and statutory control. The main frameworks that regulate exemption clauses are: common law controls: incorporation, construction and interpretation statutory regulation: the Unfair Contract Terms Act 1977 ( UCTA 1977) for business settings and the Consumer Rights Act 2015 ( CRA 2015) for consumer contexts For an illustration of a standard limitation of liability provision, see Precedent: Limitation of liability clause. Underlying policy tension: freedom of contract vs protection from unfair or hidden terms. At the core of this area lies a fundamental tension between the freedom of parties to contract on terms of their choosing and the need to...
CASE HUB See further, timeline Case facts Outline European Commission Article 102 TFEU inquiry into Meta’s barring of third-party AI assistants from reaching and engaging with users on Whats App ( AT.41034). Latest developments On 15 April 2026, the Commission issued a supplementary statement of objections under its interim measures procedure, expressing a preliminary view that the revised policy (see below) produces effects comparable to the original exclusion and widening the investigation’s geographic scope to the entire EEA, including Italy. Parties Meta Platforms Inc ( Meta): a US-based technology company whose principal products include social networks ( Facebook and Instagram), consumer communications apps ( Whats App and Messenger), online advertising services, and virtual and augmented reality offerings. Meta also supplies a general-purpose AI assistant, Meta AI. Background On 15 October 2025, Meta announced an update......
Irish employment law sets out protections for staff who become parents or take on caring roles. Statutory maternity, adoptive and paternity leave arise under the Maternity Protection Act 1994 ( Ireland) (as amended, MPA 1994 ( IRL)), the Adoptive Leave Act 1995 ( Ireland) (as amended, ALA 1995 ( IRL)) and the Paternity Leave and Benefit Act 2016 ( Ireland) (as amended, PLBA 2016 ( IRL)). These statutes provide time away from work and social welfare supports for new parents. Wider family entitlements, including parental leave and parent’s leave, are set by the PLA 1998 ( IRL) and the Parent’s Leave and Benefit Act 2019 ( Ireland) ( PLBA 2019 ( IRL)). Those in caring roles may take leave under the Carer’s Leave Act 2001 ( Ireland) ( CLA 2001 ( IRL)) to deliver full-time care to a dependent person without...
Foundational principles governing contractual dispute matters—spanning formation, construction and remedies for breach—are largely settled; see: Forming enforceable contracts—overview Contract interpretation—overview Terminating contracts—how and when a contract ends—overview Contractual breach damages and remedies—overview Transferring contracts and rights of third parties—overview Whilst each case must be examined on its own merits and its distinctive matrix of facts and law, it is helpful to grasp how the key legal principles operate in context. Accordingly, this Practice Note highlights some of the more illustrative decisions in contractual disputes. The cases set out below are those from 1 January 2026 onwards (earlier important decisions appear elsewhere in the guidance under the above subtopics, including Practice Notes: Contract disputes—key and illustrative decisions (2020–2023) [ Archived] and Contract disputes—illustrative decisions (2024–2025) [ Archived]). We do not include every judgment, only those that yield points of...
This Practice Note considers the approach of the English courts when considering whether to stay English court proceedings where the parties have agreed an exclusive, non exclusive or asymmetric jurisdiction clause. The courts deploy the strong reasons test when deciding whether to grant a stay. A jurisdiction agreement may point to the English courts or to a foreign court, as expressly stated within the clause. Where the parties have opted for an English jurisdiction clause yet a claim is commenced abroad, the English courts can be invited to restrain the overseas claimant from continuing those proceedings, for instance through an anti‑suit injunction. For further guidance, see Practice Note: Anti‑suit injunctions—principles. On issues of forum non conveniens, the English courts follow the approach in Spiliada Maritime Corporation v Cansulex Ltd (1987), namely whether there exists a clearly or distinctly more appropriate forum for...
Scope of this Practice Note This Practice Note sets out a high-level overview of representative actions in Ireland under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 ( Ireland) ( RAPCICA 2023 ( IRL)), which implements Directive ( EU) 2020/1828 (the EU Representative Actions Directive) into Irish law. It summarises the function of Qualified Entities ( QEs), the remedies available, procedural steps, and central constraints—such as the ban on third-party litigation funding and the opt-in character of claims. A comparison with other jurisdictions is also included. Evolution of collective redress in Ireland Collective, or class, actions allow groups of individuals to pursue claims together, enhancing procedural efficiency and sharing the burden of litigation. While countries such as the United States have long operated comprehensive class action regimes, Ireland has traditionally lacked a comparable framework. RAPCICA 2023 ( IRL)...
This tracker tool This tracker brings together and summarises key new legislation and consultations in England and Wales concerning the regulation of chemicals and hazardous substances. It covers the regimes for Registration, Evaluation and Authorisation of Chemicals ( REACH), Classification, Labelling and Packaging of chemicals ( CLP), Prior Informed Consent ( PIC), pesticides, biocides, persistent organic pollutants ( POPs), ozone-depleting substances ( ODS), and fluorinated greenhouse gases ( F-gases). Following Brexit, EU rules relevant to chemicals regulation have been retained in Great Britain with amendments. In Northern Ireland, the EU regimes continue to apply under the Northern Ireland Protocol (now the Windsor Framework), except that the POPs regime is UK-wide. The following regimes apply: UK REACH, see Practice Note: UK REACH: Assimilated Regulation ( EC) No 1907/2006—snapshot GB CLP, see Practice Note: GB classification, labelling and packaging of substances and mixtures ( CLP):...
This month, the Australian Competition & Consumer Commission ( ACCC) completed the waiver notification form and announced that the revised asset thresholds and control thresholds will take effect on 1 April 2026 (instead of 1 January 2026); the Common Market for Eastern and Southern Africa ( COMESA) Council of Ministers endorsed the new COMESA Competition and Consumer Protection Regulation (2025) and Competition and Consumer Protection Rules (2025) (which introduce changes to merger control); the New Zealand Government introduced a bill to reform its competition law (including merger control); major amendments were proposed in Norway to revise the Competition Act (also covering merger control); the Swiss Parliament approved significant reforms to the Competition Act, including a comprehensive overhaul of merger control; and the Taiwan Fair Trade Commission ( FTC) proposed changes to merger filing and monopoly...
Defences under article 13(a) This Practice Note explains the article 13(a) defences that can be relied upon when answering an application made under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention). The available bases are that the left behind parent either consented to, or subsequently acquiesced in, the child’s removal or retention, or that the left behind parent was not, at the relevant time, actually exercising their rights of custody. For practical guidance on defences to an application under the 1980 Hague Convention, see Practice Notes: Child abduction—introduction to defences under the 1980 Hague Convention Defences under the 1980 Hague Convention—child settled in new jurisdiction Defences under the 1980 Hague Convention—grave risk of physical or psychological harm Defences under the 1980 Hague...
Note The FCA issued its Regulatory Priorities Report for retail banking in March 2026 (see FCA publishes 2026 regulatory priorities report for retail banking). This Practice Note will be updated to take account of the Report. This Practice Note examines how the FCA’s Consumer Duty applies to retail banks and building societies. For simplicity, the term ‘retail bank’ is used throughout to cover both institutions, unless a distinction is required. The Consumer Duty became effective on 31 July 2023 for new and existing products and services that remain open for sale or renewal. In broad terms, the Duty applies to firms carrying out regulated activities in the UK within the FCA’s remit. Given their extensive product and service ranges, retail banks may have direct relationships with retail customers, and indirect ones through participation in distribution chains that end with a retail customer. The Consumer Duty is...
Governing legislation The process of transferring undertakings is regulated by SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)), commonly known as the TUPE Regulations 2003 ( IRL). These 2003 Regulations superseded SI No 306/1980 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations 1980 ( Ireland), as later amended by SI No 487/2000 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) ( Amendment) Regulations 2000 ( Ireland). The earlier regime gave effect to the EU Acquired Rights Directive 77/187/ EEC in Ireland. Relevant transfers Numerous European Court of Justice ( ECJ) rulings have clarified what amounts to a transfer for the purposes of Directive 77/187/ EEC and, in turn, the TUPE Regulations 2003 ( IRL). A detailed review of that body of caselaw lies outside this...
In-house counsel are routinely expected to deliver more with fewer resources, frequently without meaningful administrative assistance. This Practice Note shares pragmatic ideas for applying artificial intelligence ( AI) to day-to-day admin, freeing time to concentrate on higher-value legal matters and enhancing your work-life balance. For in-house teams, AI’s influence will be incremental, not headline-grabbing. Shaving minutes off each email, précis, or note can amount to hours recouped every week. Begin modestly: pinpoint one or two routine pain points, trial AI assistance, and iterate your method. Gradually, these marginal gains can reshape how your legal team handles its daily workload. What AI can and cannot do Generative AI is a highly effective aid for the routine, repetitive admin that drains in-house lawyers’ time each day. That said, there are boundaries on how AI can (and ought to) be employed by legal...
The prime/subcontractor model To deliver a complete IT portfolio for clients, technology providers may engage specialist third parties to enhance their proposition. In this scenario, the provider is commonly the prime contractor, and any extra suppliers appointed by the prime to perform parts of the contracted services are treated as subcontractors. Under this prime/subcontractor arrangement, the prime holds contractual, financial, and operational accountability for providing the services to the customer under the prime contract, regardless of whether delivery is undertaken by the prime itself or by a subcontractor. Consequently, where a subcontractor’s act or omission gives rise to a breach of contract and causes loss, the customer will be entitled (subject to the contract terms) to bring a contractual claim against the prime contractor for the damages suffered due to the subcontractor’s default. Owing to this exposure, the prime will often seek to charge the...
This month, Argentina has created a new National Competition Authority that will make the country a pre-closing jurisdiction by November 2026, while the Bulgarian Government has also unveiled new measures on additional below-threshold merger oversight and fresh, further extended ‘call-in’ powers. Argentina— Government establishes new National Competition Authority and will become a pre-closing jurisdiction by November 2026 On 14 November 2025, Argentina officially set up the Autoridad Nacional de Competencia ( ANC) via Decree 810/2025, naming its first members. This launch constitutes a long-awaited institutional overhaul under the Argentine Antitrust Law ( Law No. 27,442) ( Antitrust Law) and a key step in updating the nation’s competition framework. The ANC’s formation will transform merger control in Argentina. Pursuant to section 84 of the Antitrust Law, the new pre-closing filing regime will commence one full calendar year after the ANC is constituted (on 17 November 2026),...
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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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