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Practice notes
Common assault and batteryThe offences of common assault and batteryTechnically, the offences of assault and battery are separate summary offences. An...
Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
Practice notes
Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For...
Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading
Practice notes
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract,...
Q&As
What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
Practice notes
The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...
Practice notes
Reserved judgmentsWhat is a reserved judgment?A court can reserve judgment by giving its decision at a later date in writing, after the trial or...
Practice notes
Separate legal personality and the corporate veilCorporate legal personality—the Salomon principleA properly formed registered company is a separate...
Practice notes
Novation—why and how to novate a contractThere may be times when, rather than assigning the benefit of an agreement to a third party, the original...
Produced in partnership with Jon Chapman of Clarkslegal LLP
Practice notes
AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...
Practice notes
Self defenceSelf defenceSelf defence is an absolute defence based on the evidence which can apply in crimes committed by force. Section 76 of the...
Practice notes
Assault occasioning actual bodily harmThe offence of actual bodily harmThe offence of assault occasioning actual bodily harm (ABH) can be tried in...
Practice notes
Void contractsWhen is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the...
Practice notes
Criminal act or omissionFor a person to be found guilty of a criminal offence it must be shown that they:•acted in a particular way, or•failed to act...
Practice notes
Sources of constitutional lawIn briefThe British constitution is unwritten in the sense that it does not derive from a single constitutional text. It...
Practice notes
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made...
Produced in partnership with Laura Giachardi of 42 Bedford Row
Practice notes
Methods of statutory interpretation used to resolve disputes about the meaning of legislationIntroduction to statutory interpretationThe aim of...
Practice notes
Strict liabilityStrict liability applies to offences for which the prosecution is not required to prove mens rea for one or more elements of the...
Produced in partnership with Christopher Sykes of 33 Chancery Lane
Practice notes
Recklessness in criminal casesThe subjective test for recklessnessCertain statutory and common law offences allow the prosecution to prove mens rea on...
Produced in partnership with Christopher Sykes of 33 Chancery Lane
Practice notes
Fiduciary DutiesWho is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under...

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Ofgem publishes final determinations on NESO’s Business Plan 3

Ofgem has published its final determinations on the National Energy System Operator (NESO)’s Business Plan 3 (BP3), setting out its expectations for NESO’s performance, reporting requirements, and position on how the plan delivers value for money to consumers. The final determinations confirm the positions outlined in Ofgem’s earlier draft,...

30th May
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Financial Services Regulation and Compliance—Funds April 2025

Ireland-Banking & Financial Service analysis: This article, was written by A&L Goodbody’s Asset Management and Investment Funds Team. Domestically, the CBI updated its position in relation to portfolio transparency for UCITS ETFS and consults on Fitness and Probity Regime. At European level, ESMA published draft RTS and guidelines for liquidity...

30th May
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Insolvency Service publishes BBL default data

The Insolvency Service has published a data report showing that 114,752 bounce back loan (BBL) facilities were held by dissolved or liquidated companies as of 31 March 2025. Of these facilities, 73,977 have defaulted, while 38,454 were fully repaid. The data (covering England, Wales and Scotland) illustrates that 51,413 facilities were held by...

30th May
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Additional considerations for older intended parents considering international surrogacy (Mr and Mrs K v Mr and Mrs Z)

Family analysis: In Mr and Mrs K v Mr and Mrs Z the court considered an application for a parental order by the intended parents, (the applicants), who were both aged 72 at the time of their application. The child had been born via a surrogacy arrangement in California. While all elements of section 54 of the Human Fertilisation and Embryology Act...

30th May
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