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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:
Most recent Practice notes
This Practice Note This Practice Note offers practical guidance for preparing a jurisdiction clause in a commercial, business-to-business ( B2B) contract. It explains what a jurisdiction clause is, why it is required and how it differs from governing law clauses. It outlines key drafting issues, including scope; whether to choose exclusive, non-exclusive or asymmetric jurisdiction; carve-outs to allow alternative dispute resolution; the effect of using the word ‘irrevocably’; waivers of forum non conveniens; the 2005 Hague Convention on Choice of Court Agreements; the 2019 Hague Judgments Convention; and the approach to clauses submitting to the courts of England and Wales where proceedings are brought outside England and Wales. This Practice Note does not address the position for jurisdiction clauses in business-to-consumer ( B2C) contracts. For more detail, see Practice Note: Governing law and jurisdiction in contracts with UK consumers. This Practice Note is...
This Practice Note considers contracting authority under the law of England and Wales Recognised as a key element of forming a contract, this note examines agency principles and authority to contract across a range of entities, including: corporations in general, companies incorporated under the Companies Act 2006 ( CA 2006), unregistered and overseas companies, limited liability partnerships, general partnerships and limited partnerships, unincorporated associations, incorporated charities (charitable companies and Charitable Incorporated Organisations), and unincorporated charities (charitable unincorporated associations and charitable trusts). Where a body has separate legal status, a distinction can be drawn between instruments executed by the body itself (eg using its common seal, where available) and instruments executed on its behalf (eg by an individual acting under its authority). The emphasis of this Practice Note is on a person’s authority to contract when they execute an instrument on the entity’s behalf. It does not address the...
This Practice Note outlines the principal issues that arise when advertising to children. It spans the regulatory framework, how children recognise advertising, sexualised imagery, child protection, credulity and undue pressure, direct exhortations, promotions, age‑restricted products and targeting, plus sector‑specific matters, including betting and gaming, alcohol and food advertising. It also addresses in‑app purchasing and the handling of children’s data for advertising and marketing purposes. Regulatory regime overview Advertising to children is overseen by a combination of UK law and self‑regulatory advertising codes, summarised below. Digital Markets, Competition and Consumers Act 2024 On 6 April 2025, Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) for the most part revoked the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, save for certain transitional provisions relating to a consumer’s right of redress. CPUTR 2008 will continue to govern...
This Practice Note outlines the legal position and offers practical guidance for service providers on their duties to deliver goods, services and facilities to customers in a non-discriminatory manner under the Equality Act 2010 ( Eq A 2010). It sets out the protected characteristics recognised by Eq A 2010 and gives practical illustrations of different forms of unlawful treatment, together with steps that can be taken to prevent discrimination... Direct discrimination Discrimination by association Discrimination by perception Indirect discrimination Harassment Victimisation Discrimination arising from a disability It also considers enforcement and remedies in Eq A 2010 claims, as well as the territorial scope of the Act. See also: Compliance with the Equality Act 2010 by service providers—checklist. For information on how Eq A 2010 operates in the context of employment...
This Practice Note This Practice Note examines the legal and commercial considerations that stem from direct marketing activity. It addresses the pertinent provisions of Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation ( UK GDPR), the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426, and the Data ( Use and Access) Act 2025 ( DUAA 2025), insofar as they relate to direct marketing (including the soft opt-in), covering live and automated calls, unsolicited email campaigns, text message promotion, and reliance on marketing lists. Alongside the UK GDPR, PECR 2003 and DUAA 2025, it also reviews other regulatory and industry frameworks pertinent to direct marketing. These comprise the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code), the Data & Marketing Association’s Code ( DMA Code), the...
This Practice Note outlines principal milestones and details on planned amendments to the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426, within the broader overhaul of UK data protection rules. It collates materials and proposals from multiple organisations on e Privacy reform, spanning consultations and draft legislation. It addresses UK legal changes from September 2021 onwards. While PECR 2003 gave effect to Directive 2002/58/ EC (the EU e Privacy Directive) domestically, EU-level e Privacy reforms made after 11.00 pm on 31 December 2020 ( IP completion day) are out of scope. For EU developments, see Practice Note: EU e Privacy Directive—tracker. Latest UK position—changes to PECR 2003 Government has advanced legislative changes to PECR 2003 as a strand of its broader data protection reform. A substantial portion has now materialised through the Data ( Use and Access) Act 2025 ( DUAA...
This Practice Note monitors significant High Court, Court of Appeal and Supreme Court rulings concerning data protection, e Privacy, misuse of private information and confidential information. For an introduction to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), see: UK data protection law collection and Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and The Data Protection Act 2018. For introductory materials on e Privacy, misuse of private information and confidential information, see: e Privacy—overview Privacy and misuse of private information—overview Confidential information—overview For a freedom of information and environmental information case tracker, see: Freedom of information case tracker. Cases Infinni Innovations SA v OFMS Ltd [2026] EWHC 470 ( Comm) — High Court — 3 March 2026 —...
This Practice Note sets out a consumer’s private right of redress for misleading and aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008), introduced by the Consumer Protection ( Amendment) Regulations 2014, SI 2014/870 ( CP( A) R 2014) from 1 October 2014 and updated by the Digital Markets, Competition and Consumers Act 2024 ( Consequential Amendments) Regulations 2025, SI 2025/381. It outlines the consumer’s avenues for redress and provides background and commentary on the revised provisions to be introduced under the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), covering: the right to unwind the right to a discount the right to damages Background In 2012, the Law Commission and the Scottish Law Commission issued a report on redress for consumers affected by misleading and aggressive practices. They concluded that,...
This Practice Note sets out the function of a notary, the process for notarising a document, and the concept of legalisation. For further detailed guidance, consult the following Practice Notes: notaries notarisation legalisation We have assembled a comprehensive, interactive collection to assist users in identifying and navigating concepts and recurring issues arising on the execution of documents. Each stage includes Practical Guidance, Precedent Clauses and Q& As tailored to that phase. For more details, see: Execution collection. Notaries A notary is a qualified lawyer whose principal role is to authenticate and certify signatures and documents, whether intended for use overseas or as certified copies. Notaries also administer and take oaths and affirmations, and may undertake certain reserved activities under the Legal Services Act 2007, including commercial and property matters, as well as family and private client work (but not...
Vendor-managed inventory ( VMI) Originally written by Timothy Murray of Murray, Hogue & Lannis for Lexis Practical Guidance US, and refined for Lexis+ UK, this Practice Note explores how vendor-managed inventory ( VMI) works, its advantages, and its pitfalls. VMI—also called supplier managed inventory—is a supply chain approach. It offers a streamlined method for inventory control and product order fulfilment, under which the vendor (supplier or manufacturer) oversees the customer’s stock. The customer delegates to the vendor the tasks of monitoring usage and topping up inventory levels. See the accompanying Precedent: Vendor managed inventory ( VMI) agreement. In a VMI model, the supplier, not the customer, accepts responsibility for tracking the customer’s sales and stock positions to decide when further products are required to satisfy the customer’s needs. Rather than waiting to receive and act on purchase orders, the supplier obtains and/or reviews the...
This Practice Note sets out the guidance for the EXW Ex works Incoterm under the Incoterms® 2020 rules, reproduced with permission from ICC Publishing SA. You can obtain the Incoterms® 2020 rules and further ICC titles from ICC Publishing SA, 38 Cours Albert 1er, 75008 Paris, France, and from ICC United Kingdom, 12 Grosvenor Place, London, SW1X 7HH, UK, as well as www.iccbooks.com. The Incoterms® 2020 rules took effect on 1 January 2020, revising the Incoterms® 2010 rules to mirror market developments over the preceding decade. For the EXW term applicable up to that date, consult Practice Note: Incoterms® 2010 Rules— EXW Ex works [ Archived]. EXW (insert named place of delivery) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Ex Works’ signifies that the seller delivers the goods to the buyer when it makes the goods available to the buyer at a specified place (such as a...
This Practice Note sets out the guidance relating to the FOB Free on Board Incoterm within Incoterms® 2020, reproduced with the consent of ICC Publishing SA and presented with acknowledgement. Incoterms® 2020 and other ICC titles can be obtained directly from ICC Publishing SA, 33-43 avenue du Président Wilson, 75116 Paris, France, and from ICC United Kingdom, 1st Floor, 1-3 Staple Inn London, WC1V 7QH, United Kingdom, as well as at www.iccwbo.org too. The Incoterms® 2020 rules took effect on 1 January 2020, updating the Incoterms® 2010 set to mirror market developments witnessed over the preceding decade. For the FOB term applicable until then, see Practice Note: Incoterms® 2010 Rules— FOB Free on board [ Archived]. FOB (insert named port of shipment) Incoterms® 2020 Explanatory notes for users 1. Delivery and risk ‘ Free on Board’ signifies the seller completes delivery to the buyer when the goods...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention. Does the Convention...
Overview This Practice Note forms part of our LLB Contract Law series for law students. It surveys the remedies for breach of contract, with damages at the heart of the common law response. Setting remedies within the framework of contract, it explains when a party may terminate—most notably for breach of conditions and of innominate (or ‘intermediate’) terms. It then sets out the expectation principle from Robinson v Harman (1848) 1 Exch 850, stressing that an award should put the claimant in the position they would have been in had performance occurred. The Note next traces the principal constraints on recovery—causation, remoteness, and the duty to mitigate—and discusses leading cases on mitigation to show how these limits operate even once breach is proved. It also considers alternative measures—expectation, reliance and, in rare cases, restitutionary recovery—before addressing...
Introduction Exemption clauses are contractual provisions that seek to exclude or limit liability for particular breaches, acts or omissions. They are prevalent in both commercial and consumer agreements and primarily operate to allocate risk. Nevertheless, they often trigger concerns about fairness and disparities in bargaining power, prompting extensive judicial oversight and statutory control. The main frameworks that regulate exemption clauses are: common law controls: incorporation, construction and interpretation statutory regulation: the Unfair Contract Terms Act 1977 ( UCTA 1977) for business settings and the Consumer Rights Act 2015 ( CRA 2015) for consumer contexts For an illustration of a standard limitation of liability provision, see Precedent: Limitation of liability clause. Underlying policy tension: freedom of contract vs protection from unfair or hidden terms. At the core of this area lies a fundamental tension between the freedom of parties to contract on terms of their choosing and the need to...
Foundational principles governing contractual dispute matters—spanning formation, construction and remedies for breach—are largely settled; see: Forming enforceable contracts—overview Contract interpretation—overview Terminating contracts—how and when a contract ends—overview Contractual breach damages and remedies—overview Transferring contracts and rights of third parties—overview Whilst each case must be examined on its own merits and its distinctive matrix of facts and law, it is helpful to grasp how the key legal principles operate in context. Accordingly, this Practice Note highlights some of the more illustrative decisions in contractual disputes. The cases set out below are those from 1 January 2026 onwards (earlier important decisions appear elsewhere in the guidance under the above subtopics, including Practice Notes: Contract disputes—key and illustrative decisions (2020–2023) [ Archived] and Contract disputes—illustrative decisions (2024–2025) [ Archived]). We do not include every judgment, only those that yield points of...
AI technologies can be applied throughout the advertising landscape, from fine-tuning programmatic buying and audience targeting to creating content. The digital marketing sector has, in fact, drawn on such tools for years—virtually every participant in the online ad ecosystem, including exchanges, networks, publishers, social platforms and brands (or the media agencies purchasing on their behalf), has relied on AI to varying degrees to steer spend, conduct real-time bidding and sales, generate reports, deliver and target at scale, and assess campaign performance. For additional insight into the role of non‑generative AI in digital advertising, see the Further resources referenced below. By contrast, the recent boom in generative AI solutions and technologies (described as ‘ AI systems’ in this Practice Note) has transformed the market and shaken established monetisation approaches. Each wave of change brings fresh commercial possibilities alongside novel legal exposures for...
This Practice Note is a ‘how to’ guide on drafting and negotiating a good faith obligation in a commercial business-to-business ( B2B) agreement which signposts relevant content. It points to related materials on potentially relevant topics, such as the meaning of good faith, initial considerations, express and implied good faith duties, agreements to negotiate, remedies, companion clauses to evaluate and hands-on practical drafting tips. Distinct from the position in some legal systems, English law does not recognise a general obligation of good faith for commercial dealings. The parties can, however, expressly stipulate in their contract that one or both of them must act in good faith in carrying out a specified task. Such a commitment can be framed as a mutual covenant or imposed on a single party only. In the absence of an express good faith term, a party may contend that a duty of good...
This Practice Note considers governance, contract management and reporting within common outsourcing contracts. It sets out why governance is critical in long-term arrangements and outlines the make-up of a typical governance schedule. It also reviews connected legal themes, including good faith, variation and waiver. Outsourcing deals commonly span several years and demand sustained co-operation between supplier and customer. Strong governance and reporting terms underpin that co-operation, setting clear expectations from the outset about the customer’s role in day‑to‑day service delivery, the frequency and format of the supplier’s reports, and the approach to resolving issues. This Practice Note covers: Introduction to outsourcing governance Drafting the governance provisions Legal issues Reporting For precedent governance and reporting provisions, see clause 9 and schedule 9 of Precedent: Outsourcing agreement—long form. Introduction to outsourcing governance In outsourcing, governance is the method by which the customer and supplier oversee the...
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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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