Case studies

"I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. LexisNexis is helping me make money."

ParrisWhittaker

Access all 171 documents on Mistake

GET ACCESS NOW

GLOSSARY

Mistake definition

Published by a LexisNexis Commercial expert

What does Mistake mean?

A mistake of fact, though not generally a mistake of law, can afford a defence to a criminal charge and need not be reasonable unless the offence is one of negligence.

A mistake of fact will afford a defence to a crime involving mens rea where it prevents the defendant from possessing that mens rea. In relation to crimes of negligence the mistake must be reasonable. A mistake of fact, even if reasonable, does not afford a defence to a crime of strict liability. A mistake as to the criminal law will not generally afford a defence. In self defence the accused may use such force as is reasonable in the circumstances as he believes them to be.

Commercial

A mistake negates consent where, on ordinary offer and acceptance principles, it prevents any agreement coming into existence

A mistake may be as to the person with whom the contract is entered into; as to the subject matter of the contract, or as to the terms of the contract. A mistake nullifies consent where the parties reach agreement but

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Practical steps for dealing with a revenue determination for direct tax purposes—checklist

Practical steps for dealing with a revenue determination for direct tax purposes—checklist A revenue determination in relation to direct tax is issued by HMRC where a taxpayer fails to file a tax return in response to a notice requiring the taxpayer to file a return. Receiving a revenue determination (unless it was issued by HMRC in error) represents a significant failure by a taxpayer to deal with their tax affairs. A revenue determination should be dealt with promptly and a taxpayer may wish to engage an adviser to help. For more information on the consequences of a revenue determination in respect of direct taxes and the ways in which to displace it, see Practice Note: What is a revenue determination for direct tax purposes? This Checklist sets out some practical steps on what to consider and how to proceed once a taxpayer has received a revenue determination from HMRC. Determinations in respect of stamp duty land tax (SDLT) are outside the scope of this Checklist. Unlike revenue determinations relating to...

Three key challenges in first 100 days as general counsel—checklist

Three key challenges in first 100 days as general counsel—checklist This checklist lists the three key challenges for a new general counsel in their first 100 days in role. Typical challenge Response option Desired outcome The team you have inherited The general counsel's (GC) first imperative is to assess the strengths and weaknesses of the legal team. A series of one-to-ones is the best way to assess this, but importantly the GC must seek honest feedback from colleagues in the business.There is every chance of success and every prospect for failure but so much hinges on the quality of the assessment made at this time.This is also the time for the GC to set the tone for his/her leadership and so to clearly and unambiguously set out how the GC envisages roles and behaviours. The desired outcome is to galvanise the collective effort and to set the tone for the priorities to come.The typical experience is of a honeymoon period when everyone is on their best behaviour. The mistake...

Discover our 2 Checklists on Mistake

Intoxication and mistake

IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. The investigating officer is under a duty to investigate crime impartially and fairly and so evidence supporting a defence should be collected and retained in the same way as evidence of the offence. Some offences are subject to specific statutory defences but the general defences should be considered in every case.Strictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.Specific intentWhere an offence requires specific criminal intent, voluntary intoxication may be sufficient to show that the accused could not have formed the requisite intent to commit the offence. The specific criminal intent required is that of bringing about a particular consequence at the time of the criminal action. If the accused was so drunk that they could not form a specific intention to bring about a particular consequence, then they would have a defence...

Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

Discover our 111 Practice Notes on Mistake

Transfer of part of a registered lease

Transfer of part of a registered lease Precedent transfer This precedent gives suggested wording for Form TP1 in the rare circumstances of a leasehold assignment of part. Assignments of part are unpopular with landlords because the consequent fragmentation of the tenant covenants inevitably makes it harder and costlier for the landlord to collect rent, enforce the covenants and otherwise manage the property. See Practice Note: Assignment of part of the demised premises. Form TP1 must be used where the assignment is of part of a registered lease, or of part of an unregistered lease that has more than seven years left to run. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link: Apportionments On an assignment of part, the tenant and assignee should agree to apportion: • the rent payable under the lease; • any other amounts payable under the lease (insurance, service charge etc); and • the responsibility for any other covenants that are non-attributable to the various parts...

Policy—social media

Policy—social media FORTHCOMING CHANGE: In December 2023 the Information Commissioner’s Office (ICO) published draft guidance on keeping employment records and recruitment and selection. This Precedent will be updated once the ICO draft guidance is finalised. 1 Introduction 1.1 The Company recognises that internet and social media platforms are used as a means of communication both at work and at home. This policy outlines the standards we require staff to observe when using social media, the circumstances in which the Company will monitor use of social media and the action we will take if this policy is breached. This policy should be read in conjunction with our [Internet, email and communications policy], which sets out how the Company’s internet and email systems and networks can be used by our staff and representatives. 1.2 This policy applies to all individuals, including employees, workers, temporary and agency workers, contractors, interns, volunteers and apprentices (referred to as ‘staff’ in this policy). 1.3 Staff should refer to the Company’s [data...

Dive into our 31 Precedents related to Mistake

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status. Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain cases where they would not be liable under the Road Traffic Act 1988 (RTA 1988) (as RTA insurer). An Article 75 insurer is the insurer who is providing cover against the compulsory risks set out in RTA 1988 and will remain the Article 75 insurer notwithstanding that—(i) the insurance was obtained by fraud, misrepresentation, mistake or non-disclosure of a material fact (even if a RTA 1988, s 152 declaration of entitlement to avoid liability under RTA 1988 has been obtained), and/or (ii) the cover has been...

Under what circumstances could a contracting authority negotiate or amend the terms of a contract tendered using the restricted procedure? What are the potential consequences of doing so?

Under what circumstances could a contracting authority negotiate or amend the terms of a contract tendered using the restricted procedure? What are the potential consequences of doing so? In answering this Q&A we have considered whether, prior to concluding a public contract tendered under the restricted procedure, the contract terms advertised can be negotiated with the preferred bidder and subsequently amended—and what might happen if this was to take place. We have also limited our research to procurement under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. What happens if during the tender period one or more bidders asks for the contract terms to change? It is not uncommon, during the tender period, for a bidder to ask for a term in the draft contract to be amended. Where this happens the contracting authority must give careful consideration to whether the proposed amendment can be accepted or not. Reasons why an amendment might be required include a genuine mistake on the part of the contracting...

See the 5 Q&As about Mistake

Private Client weekly highlights—15 May 2025

This week’s edition of Private Client highlights includes: (1) Court of Protection finds defendant in contempt for deliberate breach of supervised contact and communication orders (CA, In the Matter Of); (2) Local authority cannot provide valid consent to a child’s confinement (J (through his Children’s Guardian) v Bath and North East Somerset Council (Article 39/Mind)); (3) National Crime Agency can collect tax and penalties without proof of actual tax loss (Butt v NCA); (4) Charity Commission publishes updated trustee recruitment guidance to broaden candidate pool; (5) Court of Appeal allows secret trust claim to proceed (Lorenz v Caruana); (6) Taxpayer wins UK Privy Council CARICOM Tax Treaty case (Methanex Trinidad v Board of Inland Revenue); and (7) Free webinar: ADR in contentious estates—pitfalls and practical tips.

Dispute Resolution weekly highlights—15 May 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Solicitors Regulation Authority’s consultation on its 2025/26 Business Plan and the Court of Appeal decision in Leadingway Consultants Ltd v Saab (relief from sanctions); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Read the latest 24 News articles on Mistake