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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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What is the World Trade Organization ( WTO)? The WTO oversees trade agreements that regulate commerce between states. It is also a venue for governments to negotiate bilateral or multilateral trade agreements and to settle trade disputes, helping countries trade with as little friction and disruption as possible. For background reading on the WTO, see: WTO— Who we are and WTO— In brief. The WTO came into being on 1 January 1995, though its trading rules are older. The General Agreement on Tariffs and Trade ( GATT) has provided a framework for global trade in goods since 1948, amended through successive negotiating rounds. Talks in the mid-1980s and early 1990s, known as the Uruguay Round, sought to extend the system to services and intellectual property. That round concluded with an agreement signed on 15 April 1994 by most of the 123...
Practice Note overview This Practice Note outlines the adtech landscape and the programmatic trading of online display advertising. It explores the tools and transactional workflows behind programmatic advertising, contrasts the various programmatic deal types, reviews pricing approaches, profiles the principal actors in the adtech ecosystem and programmatic activity more broadly, and explains the real-time bidding ( RTB) auction... See also Practice Notes: Adtech and programmatic advertising—data use Adtech and programmatic advertising—legal issues Adtech and programmatic advertising—tracker Adtech and programmatic advertising—glossary Quick view The table below summarises the subjects covered in this Practice Note, with links to the relevant sections where further detail is provided... Section Overview What is adtech? Adtech (advertising technology) describes the technologies, software and services that advertisers and publishers use to design, run, administer and optimise digital advertising campaigns, as well as the mechanisms for buying, selling, serving and targeting digital...
This Practice Note outlines how the common law doctrine of frustration may operate to terminate an agreement and the legal effects when a contract is frustrated, addressing issues of partial frustration, the position where a party is at fault (self‑induced frustration), and illustrations of types of frustrating event. See also the following Practice Notes: Frustration event analysis—a practical guide Frustration—key and illustrative decisions For detailed guidance on drafting a notice that asserts frustration of a contract, see Precedent: Contract frustration notice. Interest in the doctrine of frustration came sharply to the fore in light of global events such as the coronavirus ( COVID-19) pandemic in 2020 and Russia’s invasion of Ukraine in 2022, together with the attendant imposition of sanctions against Russian entities. Links to general guidance regarding contractual relations and these world events are also provided in the current world events section below....
Introduction This Practice Note serves as a negotiating aid for services agreements. It maps out the principal stances across 25 frequently contested points, and proposes potential middle-ground options and core considerations shaped by the contract’s scope, the parties’ comparative bargaining power, and whether you represent the customer or the supplier. It offers a high-level overview designed to prompt you to identify what is required for the circumstances of any particular deal. Where helpful, it signposts further Practice Notes. It is only relevant for business-to-business arrangements. It does not address matters in the setting of IT services contracts, although many themes will be similarly applicable. For those, see Practice Note: Negotiation guide— IT contracts. For several topics, this Practice Note points to sample balanced wording in Precedent: Services agreement (ongoing supply)—balanced. For a quick at-a-glance summary of the customer’s and supplier’s optimal...
This Practice Note sets out and clarifies the principal issues to consider when negotiating and drafting limitation of liability provisions in information technology and business process outsourcing contracts. It addresses: Legal principles Approaches in outsourcing Heads of losses Specific provisions in the agreement Dealing with data protection liabilities General considerations For comprehensive commentary on excluding and limiting liability in commercial contracts more generally, see Practice Note: Exclusion and limitation of liability, and for hands-on guidance on negotiation and drafting, refer to: Drafting and negotiating a limitation of liability clause—checklist. For a sample limitation of liability provision, see Precedent: Limitation of liability clause. Legal principles A contractual term that excludes or limits liability is governed by both statute and the common law, with most of the significant statutory controls contained in the Unfair Contract Terms Act 1977 ( UCTA 1977). The courts are, nonetheless, usually disinclined to disturb commercial bargains reached between...
This Practice Note monitors all developments concerning Regulation ( EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives ( EU) 2019/1937 and ( EU) 2020/1828 (the Digital Markets Act— DMA). It followed the DMA through the ordinary legislative procedure up to its entry into force in 2022. It now records notable steps in the DMA’s implementation and enforcement. Background In a mission letter dated 1 December 2019, Dr Ursula von der Leyen tasked Executive Vice President Margrethe Vestager with ensuring that competition policy and rules are fit for the modern economy and with strengthening competition enforcement in all sectors. Drawing on expert reports and an E-commerce Sector Inquiry, the Commission in June 2020 opened a consultation on an Inception Impact Assessment for a New...
This Practice Note sets out the essentials of a sponsorship arrangement, covering: sponsor hierarchy where multiple partners are involved exclusivity provisions standard and additional rights typically included fees and value-in-kind payments protection of the sponsorship compliance and regulatory considerations Brands increasingly seek associations with events or content that matter to consumers. As a result, sponsors are looking beyond the traditional sports model. There has been notable growth in the backing of music events and artists, an area once avoided by brands because of the multitude of rights owners. For more on the sponsorship (or endorsement) of individuals, see Practice Note: Endorsement agreements—key issues. Under English law, there is no proprietary right in a sports or other event; accordingly, no recognised ‘sponsorship rights’ exist for an event, team or league. Any rights granted to brands by rights holders are not...
In addition to the guiding principles on contract interpretation articulated by Lord Hoffmann in ICS (refer to Practice Note: Contract interpretation—the guiding principles), further interpretative rules have been developed to assist with construing contracts. The starting point is the parol evidence rule, which limits the admissibility of extrinsic material as a means of adding to, altering or contradicting a written bargain. For related guidance on questions of admissibility, refer to the following Practice Notes: Contract interpretation—admissibility of surrounding documents Contract interpretation—admissibility of pre-contractual negotiations and statements Parol evidence rule—what is it? The parol evidence rule provides that, where the parties have executed a signed agreement, it is generally not permissible to introduce external evidence to: demonstrate what the parties intended when entering into that agreement ( Prenn v Simmonds) contradict, vary or add to the terms of the written...
There are two principal routes to acquire a business: buying its assets or buying its shares. These approaches are intrinsically distinct and call for markedly different procedures and paperwork. Nature of the transaction Why an asset purchase? Through an asset deal, the buyer selects only the assets and specific liabilities it wants and explicitly agrees to take on. On completion, title to those assets and responsibility for those assumed liabilities pass to the buyer, while any unwanted assets and, crucially, liabilities remain with the seller. This gives the purchaser significant flexibility to cherry-pick and largely sidestep the danger of inheriting liabilities it does not want. By contrast, a share deal transfers ownership of the company that operates the target business. Except where the company’s contracts contain ‘change of control’ clauses, its entire undertaking - assets, agreements, rights and obligations - stays with the company, allowing it to trade on with...
This Practice Note sets out the legal framework and practical issues around bills of lading and sea waybills used in the context of arrangements for transporting goods by sea. It outlines how bearer bills, order bills and seaway bills differ, in practice, and describes the roles of a bill of lading as receipt, title document and contractual instrument. The Note also identifies the parties to the carriage contract, how they interact with third parties, and, in particular, the means by which rights under the paperwork can be effectively transferred. A bill of lading: is issued by or on behalf of the sea carrier to the person with whom the carriage contract is concluded records or evidences that contract and its terms serves as evidence of receipt of the cargo operates as a document of title Types of...
This Practice Note explores how manufacturers and distributors of goods work together, concentrating on the distribution contract that should govern their dealings. It touches on issues that arise before signature and outlines the key clauses—covering territory, appointment, the manufacturer’s duties, the distributor’s duties, pricing and payment, intellectual property, title in goods, data protection and termination. For template agreements, see Precedents: Distribution agreement—exclusive—long form, Distribution agreement—non-exclusive—long form and Selective distribution agreement—non-exclusive. General Unlike agency arrangements, few statutes regulate distribution in the UK beyond domestic competition law, so the parties’ contract largely dictates their relationship. A manufacturer typically wields less day‑to‑day control over a distributor than a principal does over an agent. The distinction is that an agent sells in the name of, and on behalf of, its principal, while a distributor purchases and resells on its own account. Accordingly, in a...
Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 ( CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 ( BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer...
This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....
This Practice Note examines the legal considerations surrounding ‘ambush marketing’ from an English law standpoint. The phrase ‘ambush marketing’ refers to promotional efforts by a non-sponsor that relate to a major sporting or other event. Within the UK, such activity is managed through a mix of legal mechanisms, including trade mark and copyright law, advertising codes, and legislation tailored to particular events. While some of the tools used domestically to deter ambush marketing can also be found elsewhere (for example, rights-holders for major events would typically have registered trade mark protection for the event name and logo across multiple territories), the legal framework varies significantly between jurisdictions. The toughest regimes are often seen in countries that have recently hosted a high-profile, global sporting event. What is ambush marketing? ‘ Ambush marketing’ is commonly understood as promotional activity by a non-sponsor that seeks to imply an...
This Practice Note monitors enforcement action by the Information Commissioner’s Office ( ICO) resulting from infringements of the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. It encompasses contraventions of the direct marketing provisions laid down in PECR 2003, SI 2003/2426, regs 21–24. The tracker lists financial penalties and enforcement notices served on individuals or organisations. Background In the UK, e Privacy rules—ie the treatment of personal data within electronic communications—are largely set out in PECR 2003, SI 2003/2426, which transposed Directive 2002/58/ EC (the e Privacy Directive) at a time when the UK was part of the EU. The legislation’s core aim is to require providers of public electronic communications services to adopt suitable technical and organisational measures to protect the confidentiality, security and privacy of the service, and to shield subscribers from specified risks and misuse. PECR 2003 was...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing that day. Specific DUAA 2025 provisions, addressing matters such as answering data subject access requests and conferring powers to make supplementary regulations, took effect immediately on 19 June 2025. Other measures, covering notices from the Information Commissioner and certain facets of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). The majority of DUAA 2025 provisions require further regulations, in the form of statutory instruments, before they can start. Part 5 of DUAA 2025 amends elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
This Practice Note reviews the principal definitions and terminology used for platform solutions and sets out explanations of the common platform categories and the language linked to them. It also clarifies how each of the main UK and EU legislative instruments defines the entities falling within their scope. A detailed analysis of electronic data interchange systems, or other platforms designed to enable computer-to-computer transfers of commercial or trading data and documents, lies outside the remit of this Practice Note. Online platforms In recent years, online platforms have expanded rapidly in economic weight and societal influence, with public and political scrutiny of their duties and liabilities reaching new heights. They have entered retail markets and communications infrastructures, reshaping how goods and services are bought and sold, while also enabling richer, content-led forms of social interaction and networking. Online platforms now sit at the heart of the move from...
Advertising and marketing- Turkey- Q& A guide [ Archived, 2022 edition] This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Turkey, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA- Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The overarching rules for advertising in Turkey are laid down in Law No. 6502 on the Protection of Consumers ( Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, grounded in the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Moreover, further legislation and secondary rules contain specific, bespoke provisions for differing media channels and product categories. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on...
We have assembled a series that brings together essential, key practical guidance on the particular legal and operational consequences of data protection law in the UK. The collection concentrates on the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). In respect of the collection’s subject matter, there......
Chemicals Question Answer As a commercial customer, when preparing a supply agreement for buying chemical substances, which particular chemical sector laws could govern the transaction that the supplier must meet? Does the business customer face any duties? UK REACH UK REACH applies to the manufacture, placing on the GB market, or use of chemical substances whether on their own, in mixtures, or within articles. Where a substance is produced or imported into GB in amounts of one tonne or more each year, the substance must be registered on a database operated by the Health and Safety Executive ( HSE), unless an exemption applies. If registration is not completed, the substance cannot be placed on the GB market. For more detail, see Practice Note: UK REACH—registration. UK REACH also allows the HSE to evaluate registered substances. Substances that match certain hazard criteria may need...
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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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