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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 This Practice Note is aimed at commercial lawyers who are not specialists in intellectual property ( IP). It introduces copyright and related rights in the UK, outlining what copyright is, how it comes to exist, and how to protect, transact, manage and exploit it. If you are a specialist IP lawyer, refer instead to the Copyright & associated rights—overview and Copyright disputes—overview, together with the documents they reference. Using this Practice Note This Practice Note is broadly arranged into five principal sections covering: Subsistence of copyright (copyright is not a registered right): eligibility of works, qualifying categories and qualification generally Maintaining copyright: the term of protection, copyright notices and policies Dealing with copyright in agreements: assignments, licences and collective licensing Asserting copyright: disputes, exceptions (permitted acts), defences and remedies for infringement Rights associated with copyright: moral rights and...
This Practice Note outlines the routes to redress for consumer card payments—section 75 of the Consumer Credit Act 1974 ( CCA 1974) and chargeback—available when goods or services are bought with plastic cards. These remedies assist where items or services are not supplied, are below the expected standard, or where the trader has gone into liquidation or stopped trading. The option available depends on the card used for payment and the price of the goods or services. This Practice Note also addresses consumer prepayments, including consumer savings schemes (for example, Christmas clubs) and gift vouchers, in the context of retailer insolvency. These avenues sit alongside any other redress and consumer rights available under consumer protection legislation. For a summary of key consumer protection legislation, see Practice Note: Key consumer...
This Practice Note outlines the principal authorities overseeing consumer protection law in the UK—the Competition and Markets Authority ( CMA) and Trading Standards. It reviews the underlying legislation and provides a brief overview of the enforcement powers at their disposal. It also highlights sector regulators that operate alongside the key bodies, including the Financial Conduct Authority ( FCA) and the Information Commissioner’s Office ( ICO). Regulatory framework In the UK, the core legislation from which these regulatory bodies (together described as ‘regulators’ in this Practice Note) derive their enforcement powers comprises: Consumer Rights Act 2015 ( CRA 2015)—for more information, see Practice Notes: Consumer Rights Act 2015—summary and Enforcement of consumer protection laws under the Consumer Rights Act 2015 Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024)—for more information, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key consumer protection...
ARCHIVED: This Practice Note is archived and no longer updated. At 11 pm ( GMT) on 31 December 2020, the implementation period ended, which had been designed to help the UK move away from the EU’s rules and bodies. From that moment (described here as ‘ IP completion day’), the UK’s legal framework shifted immediately and materially. This Practice Note outlines what that shift means for consumer protection. How does Brexit impact consumer protection? UK consumer protection rules originate partly in EU legislation and partly in domestic law. In several respects, Brexit produced a more muted short-term effect for consumer protection because EU Member States were already unevenly regulated, and businesses selling to EU consumers were used to addressing particular cross-border obligations. That said, if EU consumer protection rules depart from the approach taken in the UK, or if the UK pursues further...
This Practice Note is designed to support the thorough evaluation of risks arising from consumer protection matters. It sets out a detailed, step-by-step guide to the key tasks within a consumer protection legal risk appraisal, presents practical ways to lessen exposure, and offers a clear framework for briefing the board or risk management colleagues on the legal hazards, how they have been tackled, or what arrangements are in place for others in the business to address them through a step-by-step approach. Introduction Organisations providing goods, services or digital content to consumers must ensure their standard-form consumer contracts and every aspect of their commercial activity fully comply with consumer law and practice. Non-compliance can result in void or unenforceable contracts, claims by consumers, action by enforcement bodies or, in certain instances, prosecution of senior employees and their corporate employers at both...
Introduction This Practice Note sets out the UK framework for corrective action on consumer product safety, in particular covering: when and how to notify the relevant authorities about a product safety concern the applicable guidance for undertaking risk assessments the remedial steps that should, or must, be taken when a product is found to be unsafe Traditionally, product safety authorities in the UK have not been especially proactive. The enforcement landscape is, however, continuing to shift: recent years have brought heightened political and public attention to product safety, for example after multiple house fires, culminating in the tragic Grenfell Tower fire in January 2018, the government created the Office for Product Safety and Standards ( OPSS), the UK’s national product regulator. Its core purpose is to protect people and places from product-related harm, while enabling trade and growth by...
This Practice Note provides an overview of the law, guidance and practical issues under the Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 ( CCR 2013). These rules govern consumer contracts for goods, services and digital content, in tandem with wider consumer protection legislation. It sets out when the CCR 2013 bite; distinguishes distance, off‑premises (doorstep) and on‑premises agreements; details the information traders must supply; and outlines consumers’ rights to cancel once a contract has been made. It also addresses rules on extra charges and helplines, the implications of non‑compliance, and how the regime is enforced. While this note focuses solely on the CCR 2013, businesses should also consider other laws affecting how they trade, contract with, or otherwise engage consumers. For further detail, see Practice Note: Key consumer...
ARCHIVED ARCHIVED: This Practice Note is archived and is no longer maintained. It outlines the law and the main issues for businesses trading with consumers under agreements concluded before 1 October 2015, when the Consumer Rights Act 2015 came into force. For contracts made after 1 October 2015, consult the materials listed below. It considers consumer contract terms, limits on unfair terms and the reasonableness test, distance and doorstep selling, unfair trading, guarantees, cancellation rights, price and payment, and online trading. For contracts entered into on or after 1 October 2015, see Practice Notes: Consumer Rights Act 2015—summary Distance, doorstep and on-premises sales The Consumer Protection from Unfair Trading Regulations 2008 (pre-6 April 2025) [ Archived] Introduction Contracts with consumers should be assessed from the viewpoint of the consumer as well as the trader. Consumer terms must be fair and lawful......
This Practice Note This Practice Note monitors how retained EU competition law is being superseded in the UK. It specifically addresses: the retained Vertical Block Exemption Regulation, Retained Regulation ( EU) 330/2010 (retained VBER), which has been replaced by The Competition Act 1998 ( Vertical Agreements Block Exemption) Order 2022, SI 2022/516 ( UK VABEO); the retained Motor Vehicle Block Exemption Regulation, Retained Regulation ( EU) 461/2010 (retained MVBER), now replaced by The Competition Act 1998 ( Motor Vehicle Agreements Block Exemption) Order 2023 SI 2023/586 ( MVBEO); the assimilated Technology Transfer Block Exemption Regulation, Assimilated Regulation 316/2014 (assimilated TTBER); the retained Research and Development Block Exemption Regulation, Retained Regulation ( EU) 1217/2010 (retained R& D BER), replaced by the Competition Act 1998 ( Research and Development Agreements Block Exemption) Order 2022, SI 2022/1271 (the UK R& D BEO); and the...
This Practice Note offers a concise guide to UK competition law for commercial contracts. It summarises the principal elements of the legal regime, with opening sections on the main categories of commercial agreements relevant to competition law and a sketch of the rules that govern each. It aims to set context and flag what may warrant deeper consideration. It also signposts other Practice Notes and Checklists so readers can locate more detail on specific subjects. This Practice Note centres on anti-competitive agreements under Chapter I of the Competition Act 1998 ( CA 1998). It does not address other areas of UK competition law, such as abuse of dominance under Chapter II of the CA 1998, or merger control. Note that Chapter I of the CA 1998 covers not only written contracts but also far looser arrangements. It is assumed here that the reader is...
This Practice Note offers direction on how UK competition law applies to digital markets. It examines: the reach of the Chapter I prohibition in digital trade, including competition law concerns with horizontal and vertical arrangements; abuse of dominance by online platforms; UK market studies and market investigations concerning digital markets; and reforms brought in by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). It underscores both the benefits and the difficulties of maintaining competition law compliance across the digital commerce lifecycle. This applies at every stage and touchpoint in practice today. Introduction to competition law and digital trading Over recent decades, the manner in which traders buy and sell goods has changed dramatically. As the internet and other forms of digital connectivity become embedded within society, traders are ever more dependent on digital platforms to transact with business customers and...
This introductory guide to Commercial law ( Commercial) is designed for trainee solicitors and anyone entering Commercial as a practice area. It highlights the principal issues that arise when advising on Commercial matters and signposts other Lexis+® UK sources and materials offering fuller coverage of the topics touched on. Newcomers to Commercial will also benefit from the Overviews within each subtopic. These Overviews summarise the law on a particular right or issue and link to relevant content within the subtopic to aid navigation. For instance, see: Outsourcing agreements—overview and Varying a contract—overview. If a point falls outside this basic guide, use the Topics tab or Topics dropdown menu to explore further practice area material. What do Commercial lawyers do? Commercial lawyers represent businesses and organisations, giving continuing guidance on their trading and operational needs. They support boards and senior management teams within...
ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up surveys notable developments from 2017 and looks ahead to what 2018 may bring. It spotlights the cases of Wood v Capita Insurance Services Limited [2017] UKSC 24 and Ilkerler Otomotiv Sanayai Ve Ticaret Anonim Sirketi v Perkins Engines Company Ltd [2017] EWCA Civ 183, among others. It also includes updates to Lexis Nexis® content, sharing highlights from the past year and what is scheduled over the next 12 months. Reviewing 2017 Contract law What happened in Wood v Capita Insurance Services Limited? In Wood v Capita Insurance Services Limited [2017] UKSC 24, the Supreme Court determined that the buyer, having acquired a company from the respondent, could not reclaim the compensation later paid to the company’s customers affected by mis-selling before the takeover. On a proper construction, the indemnity in the purchase...
ARCHIVED: This Practice Note is archived and not maintained. This commercial tracker records UK activity on consultations, calls for evidence and inquiries, legislation (including Bills in progress, Acts in force, Statutory Instruments in progress and Statutory Instruments in force), and Supreme Court and Court of Appeal judgments related to commercial law up to and including September 2023. A new Commercial tracker covers developments from 2025 onwards, see: Practice Note: Commercial tracker. For earlier coverage, see Practice Notea: Commercial tracker 2022 [ Archived]. This Commercial tracker contains: Legislation Bills in progress Acts in force Bills discontinued Statutory instruments in progress Statutory instruments in force Cases: ...
ARCHIVED: This Practice Note is archived and is not being maintained. Introduction This Practice Note tracks key Brexit- and commercial law-specific developments and guidance. Where possible, related updates are grouped for readers’ convenience. Jump to: Advertising, marketing and sponsorship Agency and distribution Consumer protection Data protection E-commerce Sale and supply of goods Supply of services International trade—importing and exporting goods and services International trade—customs & excise Brexit—general This Practice Note does not cover general Brexit developments; see Practice Note: Brexit timeline. For progress on UK legislation prepared for the UK’s withdrawal from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 ( Exit Day), the UK left EU membership and entered an implementation period, during which EU law still applied. Transitional provisions implementing the Withdrawal Agreement—the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A...
Practice Note This Practice Note highlights some of the principal legal considerations to bear in mind when engaging in online trade with consumers. The term ‘consumer’ varies across statutes, yet typically denotes a natural person acting for reasons wholly or chiefly beyond that person’s trade, business, craft or profession. Broad commercial law topics—such as the state of goods, standard of services, competition, and taxation—are not examined in depth in this Practice Note. Additional legal obligations may influence particular online ventures depending on sector-specific regimes or the nature of the goods or services offered (eg rules relevant to financial services, consumer credit, ticket sales or resales, unsolicited products, auctions, gambling, or online pornography); where pertinent, these should be reviewed and likewise fall outside the scope of this Practice Note. For guidance and commentary on...
Updated in December 2025 Introduction The UK has long been a preferred destination for global companies setting up their first foothold in Europe. It sustains robust trading relationships with most nations worldwide—situated within Europe, yet well placed between US and Asian time zones. While geographically European, the UK is no longer part of the European Union, and organisations planning UK operations should recognise the growing legal and regulatory divergence from EU Member States. The UK contains three distinct jurisdictions: England and Wales, Scotland, and Northern Ireland. In many respects, the same or closely aligned laws apply across these jurisdictions. Nevertheless, there are notable distinctions, particularly regarding local government regulation, property transfers, and judicial frameworks. This guide concentrates on the jurisdiction of England and Wales. Further local guidance will be required if you intend to operate in Scotland or Northern Ireland. There are multiple options for...
This Practice Note explains the types of intellectual property ( IP) rights which a business might own, including trade marks, designs, copyright, databases, and patented or patentable technology. This introductory guide supports businesses as they review IP portfolios, run audits, or decide which protections to secure for their assets. IP rights are valuable assets that are critical to many businesses’ success, yet often go unrecognised. Many do not realise the breadth of rights they hold or the advantages they offer. Ensuring this IP is captured and utilised is essential. Below are the principal IP rights with details of assets a business may own. Registered trade marks: registered trade marks and pending trade mark applications. Unregistered trade marks: unregistered business and trading names; product or service names in use; plus product shapes, packaging and slogans. Design rights (registered or...
The Bribery Act 2010 ( BA 2010) Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s ( OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 ( BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs......
Purpose and audience This Practice Note sets out a concise, practical overview of the main digital sales routes used in the UK’s business-to-consumer ( B2C) e-commerce landscape. It is aimed at readers who need a grounding in the legal, commercial, and regulatory factors that shape advice on online consumer sales. The Note contrasts the predominant B2C channels—direct-to-consumer ( D2C) websites, online marketplaces, social commerce, mobile applications (m-commerce), subscription-led models, and hybrid or omnichannel retail. Each route is considered from both legal and operational perspectives, with reference to the UK’s current legal regime, including relevant assimilated EU law. Although not comprehensive, it supports clients in selecting which channels to deploy, identifying the principal risks and duties attached to each, and understanding how applicable legislation may affect business processes and compliance focus. It can assist with early-stage scoping and...
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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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