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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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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) and partially commencing on that date. Certain parts of DUAA 2025, addressing matters such as replies to data subject access requests and the conferral of powers to make additional regulations, took effect immediately on 19 June 2025. Other elements, dealing with notices from the Information Commissioner and particular aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require further regulations (as statutory instruments) to be made before they take effect. Parts 5 and 6 of DUAA 2025 amend elements of data protection and e Privacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data...
This Practice Note examines when a trader may levy a charge for using particular payment instruments, for example debit or credit cards (a ‘payment surcharge’). It considers the effect of the Consumer Rights ( Payment Surcharges) Regulations 2012, SI 2012/3110 ( CR( PS) R 2012), as updated by the Payment Services Regulations 2017, SI 2017/752 ( PSRs 2017). It outlines the legislative context, defines surcharging, sets out the limits on surcharges and relevant carve-outs, and looks at enforcement and available remedies... Background The CR( PS) R 2012 took effect on 6 April 2013 to give effect to Article 19 of Directive 2011/83/ EU ( OJ L 304/64), the EU Consumer Rights Directive ( EU CRD). That measure barred traders from imposing payment method fees on consumers that exceeded the costs the trader actually incurred for that method. Its impact proved narrow, however, and the EU...
This Practice Note outlines key aspects of patent law, including applying for and maintaining patents, patent assignment and licensing, and patent infringement. For more information about applying for and maintaining patents and transactions involving patents, see: Patent transactions and management—overview. For more information about disputes involving patents, see: Patent disputes—overview. What is a patent? A patent is a form of property that protects certain types of technical inventions. The invention can be a product or a process for doing something. Patents do not cover information or appearance, which may instead be protected by trade marks, copyright or design rights. To obtain a patent, technical information about the invention must be disclosed to the public in a patent application. Patent applications are filed at the Intellectual Property Office ( IPO) or the designated patent authority within the relevant country. The IPO examines...
This new starter guide offers a primer on patent law, with multiple links to wider Lexis+® UK resources for deeper insight. It is designed for trainee solicitors and anyone new to patents. For guidance on other intellectual property ( IP) rights, including further new starter guides, see Practice Note: Intellectual property ( IP)—new starter guide. If a topic is not addressed here, explore the two Patents subtopics: Patents transactions and management, and Patents disputes. For concise outlines of these areas, see Patent transactions and management—overview and Patent disputes—overview. The guide also sets out how to subscribe to IP daily and weekly news alerts and how to reach the Lexis Ask team. Introductory materials For an introduction to patents, see Practice Notes: Patent applications—how to obtain patent protection in the UK Patentability and exclusions from patentability ...
Key UK legislation Package Travel and Linked Travel Arrangements Regulations 2018 The Package Travel and Linked Travel Arrangements Regulations 2018, SI 2018/634 (the Package Travel Regulations) form the UK’s principal regime for overseeing package holidays and linked travel arrangements. They are designed to secure clear, consistent rights and duties for consumers and traders, promote transparency, and ensure access to remedies such as refunds, compensation and assistance where there is non-performance or disruption. For background on the Package Travel Regulations, see Practice Note: Package holiday claims— Background to the Package Travel Regulations. Brought in to implement Directive ( EU) 2015/2302 (the EU Package Travel Directive or EU PTD), the Regulations were preserved in domestic law as retained EU law ( REUL) by the European Union ( Withdrawal Act) 2018 following the Brexit implementation period (11 pm on 31 December 2020), and were further amended by the...
What is outsourcing? Outsourcing refers broadly to arrangements where one party ( A) supplies services to another ( B) that B could otherwise deliver internally, for instance via its own staff. In these scenarios, A delivers the services and B consumes them within their respective businesses. B may choose to outsource to A for several commercial, non-tax reasons, including lowering operating expenditure, tapping into A’s specialist know‑how or independence, or allowing B to concentrate on expanding and developing its core activities. For example, banks and insurance firms often hand over back‑office operations to dedicated specialist service providers. Tax can also be a material consideration when assessing whether an outsourcing deal is cost effective. Such structures may leave B with tax liabilities on the services that are higher or lower than if the work were done in‑house, though they may equally be tax neutral,...
This Practice Note This Practice Note explores the principal provisions found in a standard outsourcing contract, including transition and transformation, service scope, service level measures, pricing structures, intellectual property, TUPE in outsourcing, benchmarking, data protection, customer obligations, governance, step-in, limits on liability, termination and exit. It also considers the impact of the UK GDPR on outsourcing arrangements... Outsourcing involves engaging a third party supplier to run certain business processes, functions or responsibilities that were previously performed by the customer in a first generation outsourcing, or by another third party supplier in a second or subsequent generation outsourcing. This Practice Note outlines the key terms relevant to most outsourcing arrangements (including information technology ( IT) and business process ( BPO) outsourcing)... Transition and transformation Service description Service levels Charges Intellectual property Employment and TUPE Data protection and the UK GDPR ...
It is crucial for any organisation to have suitable safeguards in place so it can keep trading if faced with disruption or catastrophe. This supports continued operations during and after any such event. In most outsourcing deals, the client hands over responsibility for running material elements of its operations to a third-party provider to manage on its behalf. That handover extends to accountability for maintaining continuity and restoring the business. This is the role of the business continuity and disaster recovery ( BCDR) terms within an outsourcing contract, and accordingly the parties embed appropriate BCDR commitments in the agreement. This Practice Note looks at the following legal and commercial dimensions of BCDR in outsourcing: What is business continuity and disaster recovery? Drafting the BCDR provisions BCDR governance Financial services Civil Contingencies Act 2004 ( CCA 2004) For...
In brief UK data protection legislation is designed to make sure information about living people (falling within the meaning of ‘personal data’) is treated fairly and responsibly. To achieve this, UK data protection law places extensive duties on anyone ‘processing’ personal data, as well as on those controlling such activities in practice. ‘ Processing’ is interpreted widely, covering almost any operation on data, such as collecting, storing, deleting, disclosing, or otherwise using it. A central safeguard within UK data protection law is, in particular, the framework of obligations imposed on ‘controllers’—generally the parties determining the purposes and means of processing—and on ‘processors’, being those who handle personal data for a controller in line with the controller’s instructions. Among other requirements, UK data protection law typically obliges controllers and processors to enter into contracts containing specified minimum terms and to ensure that any...
UK merger control is set out in the Enterprise Act 2002, as updated by the Enterprise and Regulatory Reform Act 2013 and the Digital Markets, Competition and Consumers Act 2024 ( DMCC Act). Under these rules, the Competition and Markets Authority ( CMA) has jurisdiction to review completed and anticipated merger deals where a ‘relevant merger situation’ arises. A ‘relevant merger situation’ exists only if all three of the following are met: two or more enterprises (or businesses) ‘cease to be distinct’ the target’s size or the merger’s effect on competition is sufficient to satisfy at least one jurisdictional threshold test the merger falls within the statutory time limit for review For information on the CMA’s investigation process, see The UK merger investigation process. For details of ongoing UK merger investigations, see UK mergers–case tracker. DMCC Act On 3 June 2024, following Royal Assent...
The UK merger regime is voluntary The UK operates a voluntary merger system: where a deal falls within the scope of the UK merger rules, there is no obligation to obtain clearance in advance—it is for the merging parties to decide whether to notify the Competition and Markets Authority ( CMA). If a transaction is not notified, there remains a risk that the CMA may still open an inquiry and could, in the end, require the disposal of the acquired business (or other businesses or assets). Once underway, a merger review follows a defined procedure with strict timelines: All cases undergo a phase 1 review—the CMA has 40 working days to decide whether the merger gives rise to competition concerns and meets the threshold for referral to a phase 2 investigation. Where the CMA is concerned that the deal will restrict...
What are managed service companies? Many individuals deliver their services to clients not as self-employed people directly, but through an intermediary—most commonly a personal service company ( PSC). This set-up can offer potential tax and National Insurance contributions ( NICs) advantages; for further detail, see Practice Note: Personal service companies—the key benefits and key tax considerations. Where the PSC is owned by the worker, it will generally fall within the scope of the anti-avoidance intermediaries legislation, widely known as ‘ IR35’ (so called after the HMRC press release reference announcing the rules in Budget 1999). For more information, see Practice Notes: IR35—the small client off-payroll regime and IR35—the large and public client off-payroll regime. In the years after those rules were introduced, a range of providers started supplying PSCs to large numbers of individuals. Typically, they placed workers under contracts containing provisions intended to keep...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines the rules for deciding which court has jurisdiction for the span between the UK’s departure from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It considers whether the implementation period can be extended, whether the jurisdictional framework under the Brussels regime, including that set out in Regulation ( EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
This Practice Note outlines and clarifies the principal legal and operational considerations tied to ending an IT outsourcing arrangement, and to the subsequent handing of the services either back to the customer in-house or over to a new provider. Termination—why the outsourced IT arrangement has ended This marks the closing and conclusive phase of the IT outsourcing life cycle. ( See Outsourcing lifecycle— UK-based IT services—flowchart and Outsourcing lifecycle—global sourcing of IT services—flowchart.) An IT outsourcing engagement may conclude for several causes, thereby prompting migration of the services to a successor supplier or a return to the customer, as appropriate. These comprise the following: expiry of the IT outsourcing agreement termination by a party for: convenience (though frequently only the customer holds this option) a general material breach by the other...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with elements taking effect that day. Measures addressing, among other things, responses to data subject access requests and the grant of powers to make further regulations commenced immediately on 19 June 2025. Other elements, including notices issued by the Information Commissioner and certain facets of law enforcement processing, began on 19 August 2025, two months after Royal Assent. The bulk of DUAA 2025 requires additional regulations, in the form of statutory instruments, before those provisions can start. Part 5 of DUAA 2025 revises aspects of the UK’s data protection and e Privacy framework, covering the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the...
This starter guide offers a primer on IP law. It is designed for trainee solicitors and anyone new to IP as a practice area. Inside you’ll find links to key IP materials on Lexis+® UK, alongside other Lexis+® UK resources that expand on the subjects discussed. Guidance is included on subscribing to the daily and weekly IP news alerts from Lexis+® UK. Newcomers will also find the Overviews within each IP subtopic helpful. These summaries outline the law for a specific right or issue and signpost relevant content within that subtopic to aid navigation. For example: Copyright & associated rights—overview and Copyright disputes—overview. If this guide does not address a point, you can explore additional Lexis+® UK material within the IP practice area. What do IP lawyers do? IP deals with intangible rights—copyright, database right, designs, trade marks and patents—and the legal frameworks that protect them. The field...
This Practice Note This Practice Note sets side-by-side patents, supplementary protection certificates ( SPCs), trade secrets, copyright, database rights, design rights, trade marks and the tort of passing off, measured against: how protection comes about, what is covered (including, e.g. originality/novelty thresholds), length of protection, geographic scope, ownership, infringement, available defences, and threats provisions. It then weighs the principal pros and cons of each form of IP. The emphasis is on rights operating in the UK. After Brexit, the UK ceased to participate in the EU trade mark ( EUTM) and EU designs regimes. Those regimes confer unitary rights spanning the EU Member States. Nonetheless, as outlined in greater detail below, arrangements exist for comparable UK rights to be established. This Practice Note does not examine the EUTM and EU designs regimes in depth. For further reading, see: Trade marks ( EU...
ARCHIVED: This Practice Note has been archived and is not maintained. IP law is among the most deeply harmonised branches of law within the EU, with much of the framework stemming from the EU through directives or regulations. For instance, EU rules allow applicants to obtain EU trade mark ( EUTM) and design registrations that deliver unitary protection across every EU Member State, as well as safeguarding unregistered designs on an equally extensive basis. Significant efforts have aimed to create uniform systems for the protection and enforcement of such rights throughout the EU, and many businesses have capitalised on the harmonised system to secure broad and cost-effective protection for their trade mark, design and other rights. Accordingly, the UK’s choice to depart the EU carries, potentially, a substantial impact for right holders. At 11 pm on 31 December 2020, the...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill attained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partly commencing that same day. Provisions addressing matters such as handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other elements, including notices from the Information Commissioner and certain aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can be brought into force. Parts 5 and 6 modify aspects 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...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill was granted Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect on that day. Provisions dealing with matters such as handling data subject access requests, and the conferring of powers to create further regulations, commenced immediately on 19 June 2025. Other provisions, covering notices from the Information Commissioner and some aspects of law enforcement processing, took effect on 19 August 2025 (two months from Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 of DUAA 2025 amend 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...
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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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