Featured documents
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 examines issues, considerations, and recommended approaches for sharing personal data among controllers—covering both joint controllers and independent controllers—in general, commonly encountered business-to-business commercial situations, in line with the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It presumes a level of reader familiarity with the principal data protection concepts and terms, as well as the role and remit of the Information Commissioner’s Office ( ICO). For a high-level introduction to this topic and related issues, see: Data sharing and transactions—overview. For a higher-level introduction to UK data protection laws more generally, see Practice Note: Data protection law—new starter guide. The UK data protection law collection brings together further general guidance, including guidance on key terms used in the legislation and their meaning, and is a recommended starting point for data protection...
This Practice Note offers additional guidance on the principal definitions found in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR). For a high-level overview of UK data protection legislation, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and Data protection law—new starter guide. The UK data protection law collection brings together further general guidance and is a recommended first point of reference for research. Scope of this Practice Note Given the significant volume of data moving between the UK and the EEA, corresponding EEA data protection rules remain particularly relevant to UK practitioners. There continues to be substantial similarity between: the EU GDPR (which was applicable under UK laws until the close of the Brexit implementation period at 11 pm UK time on 31 December 2020 and still applies within the EEA) the UK GDPR...
This Practice Note This Practice Note outlines how the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) operates differently for ‘public bodies’ (defined in the UK GDPR and also referred to as ‘public authorities’) and other public sector entities, when compared with private sector organisations. ‘ Assimilated law’ is the label applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related terminology) as assimilated law signifies a shift in its status and handling under UK law, namely that it is to be read by reference to ordinary domestic law and principles. From 1 January 2024, REUL becomes ‘assimilated’ into domestic law because, in general, it is divested of EU-derived interpretive effects (for example, the supremacy of EU law, directly effective rights, and the general...
This Practice Note sets out the requirements of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), where a processor handles personal data for a controller in a commercial setting. It proceeds on the basis that readers are already familiar with core data protection concepts, terminology, and the functions of key regulators. For an initial overview of data protection law, consult the ‘key principles and concepts’ tab in the UK Data Protection toolkit, which is a recommended starting point for research. For a higher-level primer on this topic and connected matters, see: Data sharing and transactions—overview. This Practice Note also sits within the Data protection negotiation guide—controller: processor—collection, which practitioners drafting or negotiating data protection clauses between a controller and a processor may find helpful. In brief UK data protection legislation aims to ensure information about living people (within the scope of...
This Practice Note is aimed at private-sector commercial organisations in the UK. It explains the Information Commissioner’s Office ( ICO) expectations for securing, recording and managing consent to process personal data, and mirrors UK General Data Protection Regulation ( UK GDPR) requirements concerning consent... What is consent? Consent is a freely given, specific, informed and unambiguous sign of the data subject’s wishes whereby they, by a statement or a clear positive action, confirm agreement to the processing of personal data. Accordingly, consent must be: freely given specific informed unambiguous There are two levels of consent based on the type of data processed: standard consent, required when relying on consent to process non-sensitive personal data explicit consent, required when relying on consent to process special category (sensitive) personal data—there is no definition of explicit consent but see Practice Note: How to...
This Practice Note is a practical ‘how to’ on appointing a franchisee. It outlines a synopsis of franchising, sets out alternative routes to market, highlights considerations before choosing a franchisee, and key points to weigh up when negotiating a franchisee agreement. What is franchising? Franchising is a commercial model where the franchisor ( A) permits the franchisee ( B) to supply A’s goods or services using A’s established brand, operating know‑how, processes, technology and systems, in return for fees or royalties payable to the franchisor. It is a contractual arrangement under which the franchisor delivers a proven business format, brand recognition, training, continuing support, and access to marketing collateral and resources. In return, the franchisee agrees to follow the franchisor’s established methods, comply with brand standards, and pay fees or royalties for the assistance and advantages provided. Franchising appears in several formats. A...
ARCHIVED: This Practice Note is archived and not maintained. How does Brexit affect franchising? With no EU-derived laws targeted specifically at franchising, the consequences of Brexit for franchisors and franchisees are chiefly practical: revisit how franchise agreements are drafted and negotiated, review intellectual property rights protection, and assess any competition law ramifications for the arrangement. See News Analysis: What will Brexit mean for franchisors and franchisees, and how to prepare? Franchise agreements Examine franchise agreements and related arrangements to confirm they remain appropriate post‑ IP completion day, both for the commercial terms they capture and the contractual wording used. Decide whether particular contracts or general standard terms should be amended or adapted. Areas to scrutinise include territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution. See Practice...
This Practice Note outlines the outsourcing obligations for firms contained in the Financial Conduct Authority ( FCA) Handbook’s Senior Management Arrangements, Systems and Controls sourcebook ( SYSC), and in the Prudential Regulation Authority ( PRA) Rulebook, including provisions that will replace Commission Delegated Assimilated Regulation ( EU) 2017/565 (the UK Mi FID II Organisational Regulation) from its revocation on 23 October 2025. It also highlights that the data protection framework in Assimilated Regulation ( EU) 2016/679 ( UK GDPR) includes requirements relevant to outsourcing. For more, see Practice Note: Outsourcing and data protection... Outsourcing rules applying to UK financial services firms The outsourcing rules that apply to UK financial services firms are found in: the overarching requirement to maintain effective processes in SYSC 4.1.1R, and SYSC 8 Dual-regulated firms should also consider the corresponding provisions in these Parts of the PRA...
This Practice Note reviews the regulation of consumer credit advertising under the Financial Conduct Authority’s ( FCA) Consumer Credit sourcebook ( CONC 3). It explains how CONC 3 connects with the financial promotion restriction in section 21 of the Financial Services and Markets Act 2000 ( FSMA 2000), sets out the overarching ‘clear, fair and not misleading’ standards in CONC 3 as applicable, and describes the FCA’s enforcement powers against non-compliant firms where the rules are breached in practice... Supervisory focus In its March 2026 Regulatory priorities: Consumer finance report, the FCA indicated it intends to consult on CONC 3, spanning financial promotions and communications, to strip out unnecessary prescription, refresh requirements and further enhance alignment with the Consumer Duty, in due course... Relationship with the FSMA 2000 financial promotion restriction CONC 3 draws on several concepts from the restriction on financial promotions by...
ARCHIVED: This Practice Note is archived, not maintained, and will not receive updates. The transition period created to help the UK move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. That point—described in this Practice Note as ‘ IP completion day’—triggered an immediate and significant alteration to the UK’s legal landscape. This Practice Note sets out the effects of that change for e-commerce. How does Brexit impact E-commerce? Although EU legislation on e-commerce is largely kept in the UK as retained EU law, Brexit still has major implications for UK businesses operating in the EU. If EU law diverges from the approach taken in the UK, or vice versa, or there is further deregulation in future, the compliance load on UK organisations engaged in cross-border e-commerce will increase. E-commerce encompasses a wide array of laws,...
Practice Note—consumer protection summary This Practice Note outlines the principal elements of the UK’s Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) from a consumer protection viewpoint. It covers: the revocation and replacement of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277; new rules for subscription (not yet in force) and consumer saving scheme contracts; and the revocation and replacement of the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015, SI 2015/542. It also addresses the conferral of strengthened CMA enforcement powers. On 24 May 2024, the Digital Markets, Competition and Consumers Bill obtained Royal Assent, becoming DMCCA 2024. The Act delivers major reforms to UK consumer protection law, competition law and the regulation of digital markets. It is partly in force from Royal Assent, while most core provisions and...
This Practice Note charts the progress of legislative and policy changes in the UK’s continuing overhaul of competition in digital markets since 2018. Following Royal Assent of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) on 24 May 2024, this Practice Note has stopped tracking developments on that Act; these are now contained in: Digital Markets, Competition and Consumers Bill—progress tracker. Going forward, it will continue to capture all other digital markets developments, except those relating to the DMCCA 2024. EU regulation At EU level, the European Commission has brought forward proposals to ensure digital markets remain fair and open, namely: the Digital Services Act ( DSA) the Digital Markets Act ( DMA) If enacted, the DMA would introduce wide‑ranging reforms to the application of EU competition law to the largest digital platforms. For details on the DMA’s progress through the ordinary...
This Practice Note introduces design law and outlines the range of UK design rights, both registered and unregistered, that right holders may invoke. For further details on registering designs and on dealings in designs, see: Design transactions and management—overview. For guidance on disputes, see: Design disputes—overview. What are design rights? Design rights safeguard the shape, configuration, or visual appearance of all or part of a product/article, as distinct from how it functions. The purpose of design law is to prevent others from producing items made to the design or generating the same overall impression as the original. This Practice Note summarises the different registered and unregistered design rights available to right holders in the UK. Design rights currently available in the UK The design rights currently available in the UK include: UK registered designs (including re-registered designs and re-registered international designs) UK...
This new starter guide sets out the fundamentals of database right law. It highlights the core principles and directs you to numerous Lexis+ UK sources and materials for fuller guidance. It is designed for trainee solicitors, paralegals, and those beginning to work with database right law. Information on other IP rights, including other new starter guides, is available in Practice Note: Intellectual property ( IP)—new starter guide. Those new to IP will also find the topic Overviews Database transactions and management—overview and Database disputes—overview useful. Where issues fall beyond this basic guide, go to the IP homepage and select Databases under ‘ Topics and Tasks’ to explore the Databases topic’s subtopics: Database transactions and management Database disputes This guide also includes links to help you get the most from the IP practice area’s materials, including how to contact the Lexis Ask...
UK databases—scope, Brexit and assimilated law Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 ( IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained EU law—under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union ( Withdrawal Agreement) Act 2020 amended the EU( W) A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to...
Practice Note A data centre is a facility that accommodates computer and communications equipment. This Practice Note addresses the following key issues: Security Personal data Technology Service descriptions and service levels Business continuity Encryption The supplier Contracting issues Ongoing management Data centre service models Data centre services can be delivered through different approaches, summarised at a high level: co-location service — allows the customer to lease space in the data centre while the supplier provides the environment for the customer’s own servers. The supplier also supplies essential supporting services: safeguarding the data centre and the leased area, delivering power, and regulating humidity and temperature across the facility. The footprint may range from a single shelf in a rack, through a dedicated room or cage, to an entire floor and/or building. Space can be...
FORTHCOMING CHANGE: On 12 November 2025, the Cyber Security and Resilience ( Network and Information Systems) Bill ( CSRB) was laid before the House of Commons. The CSRB provides for amendments to the Network and Information Systems Regulations 2018 ( SI 2018/506), notably widening their scope to cover data centres, managed service providers and large load controllers, and allowing regulators to identify ‘critical suppliers’. It overhauls incident reporting by creating a two‑stage process—an initial alert within 24 hours followed by a comprehensive report within 72 hours—and enlarges the definition of reportable incidents to capture a wider set of security compromises. The Secretary of State is also granted powers to make regulations concerning the security and resilience of network and information systems, to set a statement of strategic priorities for regulatory authorities, and to publish a code of practice. In addition, the CSRB confers powers to issue...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit has influenced UK cybersecurity, with particular emphasis on the network and information systems legislation. It addresses: a snapshot of UK cybersecurity regulation before the end of the implementation period the origins of Directive ( EU) 2016/1148, the Network and Information Systems Directive ( NIS Directive), and how it was implemented in the UK the broad consequences of Brexit for the UK’s application of the NIS Directive what the end of the transition period means for relevant digital service providers ( RDSPs) a summary of effects on qualified trust services under Regulation ( EU) 910/2014 (the e IDAS Regulation) the impact of the transition’s end on UK– EU cooperation on cybersecurity The prominence of cybersecurity has been underlined by recent high-profile incidents affecting companies and public services. These have involved a wide array of attack...
Background The coronavirus ( COVID-19) crisis has severely affected businesses worldwide, leaving many at genuine risk of insolvency. In response, some jurisdictions have temporarily amended their insolvency regimes to support companies (and their directors) and individuals, given ongoing uncertainty about how long the crisis will last and what its enduring consequences will be. This Practice Note examines the UK position. For information on reforms in other countries, see: Coronavirus ( COVID-19) Tracker of insolvency reforms globally [ Archived]. Previous proposals for reform On 26 August 2018, the government issued its response to consultations on Insolvency and Corporate Governance, setting out several intended changes to UK insolvency law. The proposals included: a moratorium available to all companies, giving time to develop restructuring proposals without creditor pressure a new ‘restructuring plan’, a formal process enabling companies to cram down dissenting creditors a ban on...
This new starter guide introduces copyright law and signposts further Lexis+® UK materials offering fuller coverage. It is for trainee solicitors and anyone new to copyright. Information on other intellectual property ( IP) rights, including additional starter guides, appears in Practice Note: Intellectual property ( IP)—new starter guide. Where topics fall outside this guide, consult the two Copyright subtopics: Copyright & associated rights transactions and management Copyright disputes For summaries of these areas, see: Copyright & associated rights—overview and Copyright disputes—overview. The guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact the Lexis Ask team. Introductory materials For an introduction to copyright law, see Practice Notes: Copyright—subsistence and qualification Copyright—protectable works Copyright—authorship and ownership Duration of copyright Copyright infringement ...
Popular documents
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 ]...
Discover more from LexisNexis
