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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 guidance on using trade remedies under the Comprehensive and Progressive Agreement for Trans‑ Pacific Partnership ( CPTPP). It therefore sets out practical direction on applying anti‑dumping duties, countervailing measures and safeguard measures within the CPTPP framework. As such, it guides the practical application of those measures within the CPTPP context in practice. Introduction THE CPTPP is a free trade agreement comprising 11 countries: Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam. It builds on the earlier Trans‑ Pacific Partnership Agreement ( TPP), to which the United States was also a negotiating party. In substance, the CPTPP carries across all TPP provisions except those concerning accession, entry into force, withdrawal and what constitutes the authentic texts of the TPP. A number of other countries have applied to join the CPTPP, including China, Costa Rica,...
Introduction The behaviour of the party who seeks financial provision has long been a relevant consideration over many years. Section 1(6) of the Inheritance ( Family Provision) Act 1938 ( I( FP) A 1938), as amended, instructed the court to take into account and carefully weigh “the conduct of the applicant in relation to the deceased and otherwise”. Although section 3(1)(g) of the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) does not expressly cite conduct towards the deceased, on its face, it has, in practice, most often been, in reality, the claimant’s behaviour towards the deceased that has influenced the court in deciding both whether the disposition of the deceased’s estate failed to make reasonable provision and, if so, in what way and to what extent it should use its discretion. Because conduct by any...
For a fuller analysis of regulation, consenting and incentivisation within the net zero energy shift under the laws of England and Wales, see: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. The textbook offers detailed treatment of themes addressed in this Practice Note. This Practice Note outlines the proposed Gas Shipper Obligation ( GSO), a levy upon licensed gas shippers in Great Britain ( GB). It describes the GSO and identifies its legal footing, geographical reach, administrator, the method of calculation and charging, credit support obligations, potential exemptions, and linkages with low carbon hydrogen production and blending. It highlights the principal policy developments informing the GSO’s design and considers practical consequences for market participants. It also signals where further guidance may emerge and how stakeholders might prepare. What is the GSO? The GSO is a proposed charge on licensed gas...
Applicant seeking service This Practice Note explains the procedure for serving documents through transmitting and receiving agencies under Regulation ( EU) 2020/1784, the Service Regulation (recast), Chapter II, section 1. It addresses what each agency requires, how service is carried out, and when an addressee may decline service. It also outlines how the date of service is fixed, which can be crucial where limitation could arise, and it discusses the costs of using this route. For details of the transmitting and receiving agencies appointed by the EU Member States, see the Europa e-justice portal— Serving documents (recast). The portal lists the EU Member States; select a country to display the relevant information. This Practice Note should be read alongside Practice Note: The Service Regulation (recast). In practice, this route of service can be time-consuming: build in time for delay, or consider using more than one...
CASE HUB See further, timeline. Case facts Summary of the European Commission’s merger review into MMG Limited’s proposed purchase of Anglo American’s Brazilian nickel operations ( M.11944). The deal features vertical connections regarding the supply of ferronickel. Latest developments On 24 November 2025, the Commission suspended the phase II review timetable pursuant to Article 11(3) EUMR. Parties MMG Limited ( MMG): Listed on the Hong Kong Stock Exchange; the majority of its shares are ultimately owned by China Minmetals Corporation, a State owned enterprise under the control of the State-owned Assets Supervision and Administration Commission of the Chine State Council. A multinational metals and mining group engaged in the exploration, development and production of base metals, principally copper and zinc. ......
Data security sits at the heart of the EU General Data Protection Regulation ( EU GDPR). The sixth data protection principle—integrity and confidentiality—requires you to adopt suitable technical and organisational measures so that personal data is processed with appropriate security, including: protection against unauthorised or unlawful processing accidental loss, destruction, or damage This Practice Note reflects Data Protection Commission ( DPC) guidance on personal data breaches under the EU GDPR, and also draws on guidance from the European Data Protection Board ( EDPB). Data security requirements Article 32 puts practical detail behind the GDPR’s integrity and confidentiality principle. You must implement appropriate technical and organisational measures to achieve a level of security proportionate to the risk, taking into account: the nature, scope, context, and purpose of processing the risk of varying likelihood and severity for the rights and freedoms of data...
What is biometric excuse or predetermination? Where an applicant cannot reach a Visa Application Centre ( VAC) because the trip is hazardous or impossible, they may request a biometric pre-determination or a biometric excuse. A biometric pre-determination asks for the application to be assessed before biometric enrolment. If granted, the applicant must attend a VAC to enrol their biometrics prior to entering the UK. If a biometric excuse is requested and approved, the applicant will be permitted to enter the UK and will be required to enrol their biometrics after arrival. For more details on application processes, see Practice Note: Procedure for applying from overseas. Procedure After submitting the substantive immigration application, applicants will need to make an online request to Contact UKVI which, at the time of writing, attracts a small fee. They must provide: GWF number(s) linked to the...
Why use artificial intelligence in design? As AI technologies, in particular generative AI, become more widespread and accessible, almost every sector is experiencing changes, opportunities and challenges, and design is indeed no exception. Employed for brainstorming, ideation and early concept development, AI can serve as a powerful aid, helping designers move past creative blocks and investigate a much wider range of visual possibilities. It can also raise efficiency: with generative AI, designers can quickly produce numerous variants and multiple design options at scale. That pace can accelerate the creative process and encourage further experimentation, potentially yielding highly innovative results. Nevertheless, bringing AI into design workflows introduces several legal risks that cannot be ignored. This Practice Note examines how IP practitioners advising design clients should respond to the rising use of AI across the industry by identifying and discussing these risks in detail. It...
This playbook This playbook sets out guidance for preparing and negotiating a consultancy agreement where a consultancy company supplies an individual consultant’s services to a client company (a ‘loan‑out’ arrangement), from a pro‑client or hirer standpoint. It offers a preferred position and a fallback position for the clauses most often negotiated, but may not address every issue that could arise on a specific consultancy agreement. The template can be adopted by lawyers for the client or hirer, whether operating in‑house or in private practice. Users should tailor the playbook where needed to tackle client‑specific matters and to ensure the client’s interests are fully safeguarded. The level of risk described in the playbook may vary according to the client. Note that the playbook does not include fallback positions for all boilerplate clauses, for scenarios where confidential information includes personal data, or detailed provisions for...
What is costs management? Costs management is the process by which the court directs both the steps to be taken and the parties’ expenditure to advance the overriding objective ( CPR 3.12(2)). It is implemented through costs budgeting and costs management orders ( CMOs), intended to secure proactive and proportionate control of costs. A CMO is a judicial order that regulates the costs to be incurred in litigation, aiming to keep them within the agreed or approved figures in a party’s approved costs budget and in line with proportionality principles. For further information on costs management and costs budgeting generally, see Practice Note: Costs management and costs budgeting—general principles. What are costs budgets? The following provides a high-level overview of completing a costs budget and the points to consider. For more detailed guidance (in addition to the outline below), see Practice Notes: Costs...
CASE HUB ARCHIVED This archived case hub captures the position as at the final decision dated 14 October 2025; it is no longer being updated. See further: timeline. Case facts Outline European Commission Article 101 TFEU investigations into resale price maintenance involving Gucci, Chloé and Loewe ( AT.40840, AT.40880 and AT.40881) Latest development On 14 October 2025, the Commission adopted three infringement decisions, imposing fines totalling €157.4m on Gucci, Chloé and Loewe. The penalties on the three undertakings were: Gucci — €119.67m (including a 50% reduction for co-operation) Chloé — €19.69m (including a 15% reduction for co-operation) Loewe — €18.01m (including a 50% reduction for co-operation) Parties Gucci: Gucci is an ......
AI technologies can be applied throughout the advertising landscape, from fine-tuning programmatic buying and audience targeting to creating content. The digital marketing sector has, in fact, drawn on such tools for years—virtually every participant in the online ad ecosystem, including exchanges, networks, publishers, social platforms and brands (or the media agencies purchasing on their behalf), has relied on AI to varying degrees to steer spend, conduct real-time bidding and sales, generate reports, deliver and target at scale, and assess campaign performance. For additional insight into the role of non‑generative AI in digital advertising, see the Further resources referenced below. By contrast, the recent boom in generative AI solutions and technologies (described as ‘ AI systems’ in this Practice Note) has transformed the market and shaken established monetisation approaches. Each wave of change brings fresh commercial possibilities alongside novel legal exposures for...
Introduction This playbook sets out guidance for negotiating alterations clauses in leases of parts within larger buildings — for example office blocks or shopping centres (and comparable retail settings) — with the aim of securing tenant‑friendly outcomes. It presents preferred wording, alternative fallbacks, and drafting commentary designed to benefit the incoming tenant. It is intended for use by lawyers advising prospective tenants and by in‑house counsel, who should tailor the document to address the client’s specific circumstances and fully safeguard the client’s position. The stated risk profile may shift according to the particular client. Within this guide you will find recommended provisions, fallback formulations, and practical pointers that lean towards the tenant’s interests. It does not cover drafting where the tenant has a significant negotiating upper hand (for instance, an anchor tenant situation). This playbook forms part of a wider suite offering...
This brief overview explains the process for registering a new foreign company with a UK establishment, in line with the Companies Act 2006 ( CA 2006) and the Overseas Companies Regulations 2009 ( OC Regs). For a fuller review of the matters and procedures typically involved in the registration, operation and closure of an overseas company with a UK presence, see Practice Notes: Overseas companies with an establishment in the UK, Overseas companies in the UK—ongoing operation and Overseas companies in the UK—winding up, liquidation, insolvency and closure. The framework for registering an overseas company trading in the UK is separate and distinct from the registration of overseas entities with an interest in UK property, which commenced in August 2022. For further information on the register of overseas entities that own UK property, see Practice Note: Register of overseas entities that hold UK...
This Practice Note outlines examples of employment discrimination judgments based on the protected characteristic of philosophical belief, centring on gender-critical and/or gender identity beliefs. The decisions are arranged in approximate chronological order. For additional detail on the protected characteristic of religious or philosophical belief, see Practice Note: Religion or belief. Forstater v CGD Europe In Forstater, the claimant, a researcher and writer, engaged with the respondents through consultancy agreements. She posted tweets about proposed reforms to the Gender Recognition Act 2004 ( GRA 2004) that would allow individuals to self-identify their gender. Some members of staff at the respondents raised objections, describing the tweets as transphobic. When her consultancy engagements were not extended, Ms Forstater maintained that this was due to the gender-critical views she had expressed. She brought employment tribunal claims alleging direct discrimination on the basis of a...
Employment This playbook sets out guidance for preparing and negotiating an executive service agreement for a director or senior hire. It presents a preferred stance and an alternative fall-back for the clauses most often debated, but it will not necessarily capture every point that might surface in a specific negotiation. The template is suitable for lawyers acting for the employer and for in-house counsel. Users should adapt it to reflect the client’s circumstances and to safeguard the client’s position. The risk level indicated may differ according to the client. For templates, see: Precedent: Executive service agreement; Precedent: Executive service agreement (short form); Precedent: Executive service agreement ( Scotland); Executive service agreement (short form, Scotland). See also Settlement (employment)—overview and: Precedents: Letter—advice to employer client regarding draft executive service agreement; and Letter—advice to employee client regarding executive service...
In family enterprises, succession is a complex, multi-faceted journey, not a one-off moment. The enduring challenge is to balance the interests of the owners, the business itself, and the wider family and its interests. It requires input from advisers with diverse technical specialisms and backgrounds; to help them collaborate effectively in the family firm's best interests, it is useful to view succession as moving through a series of distinct, successive stages over time. If any stage is overlooked or poorly handled, the transition may stall or prove unsuccessful. The phases are preparation, disengagement, exploration, choice and implementation, and the tasks within each are set out below. Preparation In readiness for transferring the family business: the family must acknowledge and accept that change is unavoidable they should invest in learning from what other families have done and gather information and insights on the latest...
There are different types of family constitution: unwritten written or part-written codified Unwritten family constitution Many family enterprises operate without a documented constitution. Stakeholders often characterise governance as simply ‘how we do things round here’, and they will assure outsiders that lacking a written constitution or formal structures (for example, an active board or family council) does not equate to disorder. Everyone understands what is required of them, what they may expect of others, and they act in ways that sustain the family’s implicit rules. These arrangements are not solely the product of intentional design or official decisions. Much of the governance of a family firm emerges organically from countless day‑to‑day interactions—within the family business and with the wider world. Over time, these encounters give rise to habitual practices that become embedded, forming part of the business’s folklore and serving as the...
Family office The phrase ‘family office’ spans a wide array of circumstances, so there is no universally agreed definition. The Family Firm Institute, however, characterises a family office as: ‘ A separate entity apart from the operating business (and sometimes created with the assets realised after the sale of a family enterprise) consisting of a diversified wealth portfolio held for the benefit of the family’ ( Family Enterprise; understanding Families in Business and Families of Wealth Wiley 2014 (not reported by Lexis Nexis®)). Such offices are largely, and more commonly, the preserve of high net worth—indeed ultra high net worth—families (ie those with investable assets above $30m), with varied holdings and complex affairs. That complexity can create scope for disputes. Nonetheless, with a well-designed structure supported by a clear strategy and effective family governance, a family office can yield substantial...
This Horizon scanner reviews current and upcoming developments relevant to Dispute Resolution ( DR) lawyers as at 16 September 2025. It reflects changes since the 12 February 2025 edition of the Horizon scanner: Dispute Resolution— Horizon scanner— February 2025 [ Archived]. Hot topic— CPR and PD updates A further set of CPR rules and Practice Direction ( PD) revisions takes effect on 12 September 2025 and 1 October 2025. September CPR changes Revisions to CPR 82 refine the closed material procedure. The amendments widen permissions on who a special advocate may contact, and bring in ‘draft closed summary’ and ‘draft closed defence’ documents for application hearings. For more on closed material procedure, see Practice Note: Closed Material Procedure. October PD and CPR changes The principal update ends the Electronic Working Pilot Scheme under CPR PD 51O, replacing it with a permanent PD— CPR PD 5C. For guidance on the...
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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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