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Practice notes

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Rescission of a contract

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in

The doctrine of res judicata

The doctrine of res judicata

What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which

Recklessness in criminal cases

Recklessness in criminal cases

What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of

Wounding or causing grievous bodily harm with intent

Wounding or causing grievous bodily harm with intent

The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court

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Practice notes

Protective costs orders (PCOs) in environmental matters

Brexit impact11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal...
Produced in partnership with Landmark Chambers 5th Mar
Practice notes

Jackson reforms—Environment [Archived]

ARCHIVED: This Practice Note explains the changes to the Civil Procedure Rules (CPR) by the Civil Procedure (Amendment) Rules 2013, SI 2013/262 in...
5th Mar
Practice notes

Planning judicial review

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
5th Mar
Practice notes

Costs for judicial review—protective costs orders (PCOs), judicial review costs capping orders (JRCCOs) and interveners

A defendant in a judicial review claim will usually be the public authority whose decision, action or omission is being challenged. Any person (other...
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Mar
Practice notes

An introductory guide to damages in judicial review

Judicial review is an equitable remedy. The court has discretion to make an award in successful claims, which it will only exercise where it is just...
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Mar
Practice notes

Judicial review—what it is and when it can be used

What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...
Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 5th Mar
Practice notes

What does IP completion day mean for public law?

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....
5th Mar
Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...
Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 5th Mar
Practice notes

Introduction to concession contracts procurement

Brexit impact—public procurementThe UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
Produced in partnership with Katherine Calder of Bryan Cave Leighton Paisner 5th Mar
Practice notes

Avoiding a judicial review

Although it may not be possible to prevent a claimant from issuing a claim for judicial review, the more robust the decision-making process employed...
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Mar
Practice notes

Judicial review time limits—extensions and urgent cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 5th Mar
Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate...
Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 5th Mar
Practice notes

CPR changes—December 2011 to April 2012 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
5th Mar
Practice notes

Minutes of the CPR Committee meeting of 3 March 2017 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
5th Mar
Practice notes

Judicial review litigation—frequently asked questions

What is judicial review?A claim for judicial review means a claim to review the lawfulness of an enactment or a decision, action or failure to act in...
5th Mar
Practice notes

ADR—pre-action and post-commencement of court proceedings

This Practice Note considers the relationship between alternative dispute resolution (ADR) and the civil procedure rules (CPR), both pre-action and...
5th Mar
Practice notes

CPR changes—July 2013 [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...
5th Mar
Practice notes

Pre-action behaviour in non-protocol cases—Practice Direction Pre-Action Conduct and Protocols

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
5th Mar
Practice notes

Data protection negotiation guide—controller: processor—information provision, audits and inspections

.This Practice Note forms part of the Data Protection Negotiation Guide (the Guide) and addresses the negotiation of terms relating to information...
Produced in partnership with Miriam Everett of Herbert Smith Freehills and Data Protection Intelligence Group 5th Mar
Practice notes

Data protection negotiation guide—controller: processor—deletion and return of data at the end of the processing

This Practice Note forms part of the Data Protection Negotiation Guide (Guide) and addresses the negotiation of provisions relating to deletion and...
Produced in partnership with Tim Hickman of White & Case and the Data Protection Intelligence Group 5th Mar

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LEXISNEXIS

Common financial covenants

This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:

LEXISNEXIS

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to

LEXISNEXIS

Foreign exchange (FX) derivatives

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,

LEXISNEXIS

Issue of redeemable shares

A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without

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