Defence meaning

The Investigatory Powers Act 2016 (IPA 2016) revamped the legal regime regulating covert surveillance by public authorities. IPA 2016 superseded large parts of the framework previously, though not solely, contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The regulation of intelligence gathering—an introductory guide. This note outlines the offences introduced by IPA 2016. For details of general sentencing limits in a magistrates’ court, see Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction... Section Offence Statutory defence Maximum sentence IPA 2016, s 3 — Unlawful interception: a person, by conduct in the UK, deliberately intercepts a communication during its transmission without lawful authority. Defence: where the individual has the right to control the operation or use of the system, or had that person’s express or implied consent to carry out the interception. Maximum sentence: on summary conviction, a fine; on indictment, up to two years’ imprisonment and/or a...

This Checklist outlines the matters defence practitioners may wish to weigh up when guiding a corporate client about attending an interview under caution arising from suspected corporate criminal conduct in England and Wales. It should be considered alongside the Practice Notes: Interview under caution and Voluntary attendance at an interview under caution. Advising clients before an interview under caution When a corporate client is asked to attend an interview under caution: Make sure the client grasps what an interview under caution involves and the significance of the caution. Confirm the client appreciates their rights before and during any interview under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and PACE Code C. Explain what to expect at the interview under caution and the procedural steps the interviewing officer must take to meet PACE Code C. If the client forms part of a corporate group, verify the request for interview has been addressed to the correct legal entity...

The following are some of the features and factors (not all of which will be readily discoverable at a very early stage) to consider when assessing whether a claim is appropriate for the LVI defence: The respective weight of both vehicles: a heavier vehicle striking a lighter one creates a greater impact than a crash between vehicles of comparable weight. Age and design of the vehicle: some models provide better shock absorption, for example with large bumpers. Location of impact: a direct rear-end hit passes more energy than a collision at an angle. Presence of a tow bar: a tow bar channels impact energy through the car, increasing injury risk. Handbrake applied: engaging the handbrake reduces the likelihood of injury. Claimant’s age and sex: females face a higher chance of whiplash, and risk rises with age. A pre-existing medical condition: heightens susceptibility to whiplash injury. Whether the claimant anticipated the impact and braced themselves: bracing diminishes the risk of neck...

Stage 1—preparing to bring a claim and pre-action matters Guidance on infringement, defences, ownership, injunctions, running disputes, and the Business and Property Courts Disclosure Scheme; cease and desist precedent; timetable checklist; key forms; IP insurance. Stage 2—letter of claim alleging copyright infringement Guidance on infringement, drafting letters of claim, unjustified threats and remedies, with precedents for standard and peer‑to‑peer infringement letters. Stage 3—commencing proceedings Notes on infringement, secondary infringement, permitted acts, remedies, criminal offences, the Business and Property Courts and the Disclosure Scheme; pleadings/initial disclosure precedents; Disclosure/IPEC flow tools; CPR claim/defence/settlement/default forms. Stage 4—case management Guidance on running disputes, costs management and the Disclosure Scheme; checklist; Chancery, Patents Court and IPEC Guides; Mitchell v NGN; core case‑management and disclosure forms. Stage 5—disclosure and evidence Notes on e‑disclosure, witness statements and the Disclosure Scheme; PD 57AC for Business and Property Courts trial statements (not...

This Flowchart This diagram is designed to help you assess whether you meet UK residence under the second automatic residence test—the 'home' test—for a tax year hereinafter referred to as 'year X'...

Stage 1—preparing to bring a claim and pre-action matters Guidance on UK trade mark infringement, offences, passing off, interim injunctions, running IP disputes, privilege, dispute resolution (mediation and arbitration), and the Disclosure Scheme; plus checklists and forms (injunction, application, hearing) Stage 2—Letter before action alleging infringement Notes on infringement, passing off, unjustified threats and drafting; includes a trade mark letter of claim precedent Stage 3—commencing proceedings Procedure, defences and exceptions, IPEC flowchart, pleadings and initial disclosure precedents, and CPR/Part 36 forms Stage 4—case management Procedure and Disclosure Scheme notes, court guides (Chancery, Patents Court, IPEC and Small Claims), and case management questionnaires, Disclosure Review Document, Certificate of Compliance, budgets and directions Stage 5—disclosure and evidence Surveys and witness evidence (PD 57AC), privilege, disclosure (including electronic) and flexible trials; witness statement and Extended Disclosure precedents; affidavits, applications and certificates Stage 6—trial...

Antitrust Commission issues SO to Meta over WhatsApp AI access limits; flags possible interim measures The Commission has delivered a statement of objections to Meta, outlining its preliminary assessment that Meta blocked third-party artificial intelligence (AI) assistants from accessing and engaging with users on WhatsApp, infringing Article 102 TFEU (AT.41034). The Commission considers that Meta’s behaviour risks preventing competitors from entering or growing in the rapidly expanding market for general-purpose AI assistants and has therefore indicated its intention to impose interim measures (subject to Meta’s rights of defence) to avoid serious and irreparable harm to competition. Background On 15 October 2025, Meta announced changes to its WhatsApp Business Solution Terms, effectively prohibiting third-party general-purpose AI assistants from the platform. Consequently, from 15 January 2026, Meta’s own assistant, Meta AI, has been the only AI assistant available on WhatsApp. On 4 December 2025, the Commission opened formal proceedings to examine whether this policy shift amounts to an abuse of dominance. The investigation covers the EEA, excluding Italy, where...

In this issue: Key DR developments Claims and remedies Cross-border disputes Evidence and disclosure New content Dates for your diary Useful information Collaborate and network with a community of expert lawyers Daily and weekly news alerts Key DR developments 163rd Practice Direction update 163rd PD update—effective on 1 February and 6 April 2024: The 163rd Practice Direction (PD) changes to the Civil Procedure Rules have received approval from the Master of the Rolls together with the Parliamentary Under-Secretary of State for Justice...

In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...

This Practice Note offers practical direction on the recently unveiled trade arrangement between the United Kingdom (UK) and the European Union (EU). Introduction On 19 May 2025, at the inaugural UK–EU Summit, the EU and UK revealed a new trade deal. Termed the Strategic Partnership, the arrangement is intended to build upon the Withdrawal Agreement, the UK–EU Trade and Cooperation Agreement and the Windsor Framework. For materials, see: For guidance on trade in goods under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in goods under the UK–EU Trade and Cooperation Agreement. For guidance on trade in services under the UK–EU Trade and Cooperation Agreement, see Practice Note: Trade in services under the UK–EU TCA—an overview. For guidance on the Windsor Framework, see Practice Note: Joint Decision for Windsor Package to commence. The new deal is not yet finalised. Rather, the EU and UK have settled on a path for their negotiations towards a trade agreement. The...

This Practice Note outlines the options open to landowners faced with unlawful occupation by a trespasser or squatter, the issues that can follow from trespass, and the potential measures the owner may pursue, including physical repossession. It considers the Criminal Law Act 1977 (CLA 1977) and the exception for displaced residential occupiers, the use of police powers to arrest where suitable, the effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) in criminalising residential squatting, injunctions and interim injunctions, and damages, including the negotiating damages approach, mesne profits, exemplary and aggravated damages, anticipated damages, and res judicata defences. The ways a landowner can recover possession from a trespasser include: physical repossession arrest of the trespasser by the police for a criminal offence injunction possession claim (including a claim for an interim possession order) Beyond the remedies available to recover possession, a landowner may also claim damages for the trespass. Such claims may involve negotiating damages,...

STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect and apply. Competitions commencing on or after that date must proceed under PA 2023, while procurements started under the earlier regimes — the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011 — must continue to be run and overseen in line with those rules and procedures accordingly. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This material concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on light touch contracts under the former legislation, see Practice Note: Considerations when authorities procure contracts that are not subject to the full procurement regime. Overview of the light touch public procurement regime Under PA 2023, light touch contracts (LTCs) mean contracts wholly or predominantly for the delivery of identified...

1 General information Review period [ Insert review period ]; Review date [ Insert date ]; Reviewer(s) [ Insert name(s) ] 2 Data Criteria For the last [ insert period, eg quarter ] and last 12 months, capture totals for: SARs received; ML/TF/PF‑related SARs; SARs to the National Crime Agency (NCA); DSARs needing consent/defence (granted, refused, pending); SARs not sent to the NCA; superSARs; CDD company discrepancy reports; and PEPs added to the central list 3 Review and findings Confirm a refreshed organisation‑wide ML/TF/PF risk assessment in the last year; AML/CTF/counter‑proliferation policies, controls and procedures reviewed, updated and communicated (incl. branches/subsidiaries); SAR and SuperSAR registers current; dates of staff training and record reviews [ Insert date ]. Note any SARs/superSARs needing further review; status of the high‑risk client/matter list (incl. PEPs) and quarterly reviews; CDD discrepancy register; table of high‑risk third countries; patterns/trends, compliance failures (ensure Compliance breaches policy followed), training needs; emerging risks (internal/external); planned new technology and related risks; required remedial actions; and...

FORTHCOMING CHANGE The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. Introduction The defence to a possession claim arising from non-payment of rent must be filed using Form N11R (defence form—rented residential premises). These drafting notes assist with properly completing Form N11R only...

ARCHIVED: This Precedent has been archived and is no longer maintained. STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) are in force. Any procurements launched on or after that date must proceed under PA 2023, while those started under the earlier legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023...

At the heart of the query lies the status of a party who does not adhere to a court direction, yet has lodged an application to extend the time for compliance before the expiry of the deadline attached to that direction. On the scenario set out, the claimant will be in breach of the court order concerning the exchange of witness statements in two weeks’ time, because that order will not have been varied before the deadline for compliance under that order...

Such works may fall under section 105(1)(b) of the HGCRA 1996 Such works may fall within section 105(1)(b), which treats road maintenance as a construction operation covering the construction, alteration, repair, maintenance, extension, demolition or dismantling of works forming, or to form, part of land, including walls, roadworks, power lines, electronic communications apparatus, runways, docks, harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant, and installations for land drainage, coast protection or defence. Alternatively, section 105(1)(e) catches operations integral to, preparatory for, or rendering complete those works, including site clearance, earth-moving, excavation, tunnelling, laying foundations, erecting, maintaining or dismantling scaffolding, site restoration, landscaping, and providing roadways and other access. No specific authority concerns these works, yet courts have often held that less orthodox activities are construction operations, for example: Baldwins Industrial Services plc v Barr: crane with driver hire held integral, preparatory to, or completing works under sections 105(1)(a) and (e). Some contracts are excluded from being a ‘construction...

The Equality Act 2010 (EqA 2010) The Equality Act 2010 (EqA 2010) sets out measures to secure equality between men and women in pay and other employment terms where an employee’s work matches that of a comparator of the opposite sex. It accomplishes this by implying a sex equality clause into the employee’s contract of employment, ensuring that the contract reflects the comparator’s terms. This mechanism is intended to guarantee parity of conditions between the employee and their comparator...