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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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This Practice Note monitors developments and progress in EU trade mark case law, legislative initiatives, and ongoing EU consultations, guidance and reports relating to trade marks. For further details on UK trade mark judgments, legislative proposals and live UK consultations, guidance and reports on trade marks, see Practice Note: Trade marks tracker— UK. For archived EU trade mark material, see Practice Notes: 2023–2024 [ Archived] and Trade marks tracker 2017–2022 [ Archived], respectively. Legislation, consultations, guidance and reports For archived trade mark legislation and associated materials, see Practice Note: 2023–2024 [ Archived]— Legislation, consultations, guidance and reports. For content predating 2023, see Practice Note: Trade marks tracker 2017–2022 [ Archived]. What's happening? When? Find out more Regulation ( EU) 2023/2411 concerning the protection of geographical indications ( GIs) for craft and industrial products, and amending Regulations ( EU) 2017/1001 and ( EU)...
A trade mark is a badge of origin that distinguishes the goods or services of one undertaking from those of another An EU trade mark ( EUTM) delivers unitary protection via one registration that spans every EU Member State. You obtain an EUTM by filing a single trade mark application at the EU Intellectual Property Office ( EUIPO) in Alicante, Spain. For fuller detail on EUTMs, see Practice Note: EU trade marks ( EUTMs), and for the legislation that underpins the regime, see Practice Note: EU trade marks—legislation. Registration alone does not secure everlasting rights. The owner must preserve the registration by renewing on time, keeping the mark in genuine use, preventing it from becoming generic, and enforcing it against infringing use by third parties. Once registered, a trade mark is valid for an initial term—ten years for EUTMs—and, in principle, can be renewed without limit. A mark can also be...
EU trade marks ( EUTMs) An EU trade mark ( EUTM) is a single, indivisible registration that extends protection across all EU Member States throughout the Union. You secure an EUTM by filing one trade mark application via a centralised filing process with the EU Intellectual Property Office ( EUIPO). For further details and guidance, see Practice Note: EU trade marks ( EUTMs). The legal framework for EUTMs stems from Directive ( EU) 2015/2436 and earlier instruments and its predecessors. Its measures are given effect by Regulation ( EU) 2017/1001 (the EU Trade Mark Regulation), which consolidated the amendments to Regulation ( EC) 207/2009 introduced by Regulation ( EU) 2015/2424 (the Amending Regulation). The Amending Regulation mirrored the changes set out by Directive ( EU) 2015/2436. It took full effect on 1 October 2017, and the tables below present the law as it has...
This Practice Note examines in detail trade mark infringement within EU law. It primarily centres on the EU trade mark ( EUTM) system set out in Regulation ( EU) 2017/1001, as well as also outlining the harmonised trade mark law framework under Directive ( EU) 2015/2436. It reviews the categories of infringement, identifies who is entitled to sue, interprets the statutory wording and highlights pertinent case law. It does so in depth and in context across the EU and within the EUTM system. Rights conferred by a trade mark registration Registering a trade mark grants its proprietor the exclusive power to stop others using the sign without consent. The purpose of this protection is to ensure the registered mark functions as a ‘guarantee of origin’ for the goods and services covered. When a consumer purchases a can of Coca- Cola, they are entitled to expect the...
ARCHIVED This Practice Note is archived and is not being maintained. It outlines the historical context of the EU unitary patent ( UP) and the Unified Patent Court ( UPC), together with key points on how the patent and the court were intended to operate. For fuller detail on the UPC’s structure, jurisdiction and competence, and a review of first‑instance and Court of Appeal procedure explaining the UPC Rules of Procedure, see Practice Note: Unified Patent Court—procedure. The UPC commenced operations on 1 June 2023, following a three‑month sunrise phase that began on 1 April 2023. This came after several setbacks, including the UK’s exit from the EU with its subsequent withdrawal from the system, and the German Federal Constitutional Court’s decision to uphold a complaint against the Unified Patent Court Agreement ( UPCA). Historical background and concepts As early as the 1950s, the six founding states of what became the EU...
What is an EU trade mark and why register one? An EU trade mark ( EUTM) grants a single, unitary right spanning every EU Member State across the Union as a whole. You secure an EUTM through one centralised application filed directly with the EU Intellectual Property Office ( EUIPO) in Alicante, Spain. Compared with pursuing national filings in more than three countries, an EUTM is generally the more economical route overall. For details on costs, see: EUIPO Fees therein. An EUTM may serve as the foundation for an international registration, and an international registration may likewise underpin an EUTM application. For further guidance, see Practice Note: Madrid international trade mark system. EUTMs are officially granted for ten years from the filing date and can be renewed without limit thereafter in successive ten-year terms. An EUTM also facilitates an EU-wide...
This Practice Note sets out guidance on the rules that govern mobile phone roaming in the EU. In particular, it examines the ‘roam like at home’ implementing regulation, under which roaming charges were abolished across the EU with effect from 15 June 2017. This Practice Note also considers the following legislation relevant to roaming: Archived Regulation ( EU) 717/2007 ( Roaming I) Archived Regulation ( EU) 544/2009 ( Roaming II) Archived Regulation ( EU) 531/2012 ( Roaming III) Regulation ( EU) 2015/2120 ( Roaming IV) Regulation ( EU) 2022/612 ( Roaming V) Roaming Roaming refers to a mobile network subscriber’s ability to travel to another country outside the coverage of their home network and still make and receive calls, send and receive data, use the internet, and access other communication services while there. This is enabled by...
This Practice Note explores Directive 2002/58/ EC (the e Privacy Directive) This Practice Note examines Directive 2002/58/ EC (the e Privacy Directive), which sets rules on the confidentiality of communications and the processing of personal data within the electronic communications sector. It forms part of a series of Practice Notes addressing key features of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is subject to a common regulatory scheme, which previously consisted of five directives, including the e Privacy Directive. See Practice Note: EU regulatory framework for electronic communications [ Archived]. The framework’s original purpose was to deliver a harmonised regime for regulating the electronic communications sector. In December 2018, the framework was revised through Directive ( EU) 2018/1972 establishing the European Electronic...
Role and remit Role and remit is an international, not‑for‑profit association headquartered in Belgium. Created in 1972 by the French Franchise Federation, the Italian Franchise Association, the Belgian Franchise Federation and the Netherlands Franchise Association, it exists to champion, safeguard and represent the franchise sector operating across Europe. The EFF is formed of single accredited national franchise associations from countries that satisfy the EFF’s Statutes, as set out in Article 7, Conditions of Admissions. Membership is restricted to one association in each country. The EFF presently counts 20 members. Its objectives are to foster the development of ethical franchising in Europe and to defend the sector by advancing an evolving European Code of Ethics ( Code) for franchising. The EFF likewise backs the principle that each European nation should have one credible, representative franchise association, which will uphold ethical franchising by requiring its members to...
This Practice Note This Practice Note outlines the legal framework for defective products under Council Directive 85/374/ EEC, known as the EU Product Liability Directive ( EU PLD), which fixes liability on producers where products are defective. It explores: the test for when a product is regarded as defective under the EU PLD which actors in the supply chain can be responsible, the extent of their responsibility, and any contributory negligence considerations the categories of recoverable damages and the range of defences open to a producer It reviews Court of Justice jurisprudence and evaluates reports assessing the effectiveness of the EU PLD. Be aware that on 18 November 2024, Directive ( EU) 2024/2853 on liability for defective products, repealing Council Directive 85/374/ EEC (the Revised EU PLD), was published in the OJEU. The Directive takes effect from 8 December 2024 and will repeal Directive 85/374/ EEC, the EU PLD, on 9...
In the EU, a medicinal product may only be supplied and used in line with the terms and conditions of its approval, known as a marketing authorisation ( MA). The MA decision and its contents are set according to the requisite information and data the marketing authorisation holder ( MAH) provides during the marketing authorisation application ( MAA) process... Extensive guidance on EU MAA procedures and on what MAs contain is given in Practice Notes: Marketing authorisations in the EU—regulatory procedures for approval of medicinal products, and Marketing authorisations in the EU—content and form of the application and other practical considerations... For discussion of the impact of Brexit on authorisations of medicines for the EU and UK, including Northern Ireland, see Practice Notes: UK marketing authorisations for medicinal products, particularly the MA variations...
Directive 96/71/ EC concerning the posting of workers in the framework of the provision of services The Posting of Workers Directive ( PWD), in force since the early 1990s, continues to spark significant debate. The reason is straightforward: the posting of workers delineates a ‘zone of exception’. As several authors explain, within the system of free movement of workers the principle of equal treatment extends to mobile workers, who should not be treated differently from domestic employees. Nevertheless, the detailed provisions on working conditions and social security applicable to posted workers operate as a departure from that principle. This has triggered concerns about possible unfair competition and a negative impact on labour and social rights. The amending Directive ( EU) 2018/957 set out to address unfair competition and the race to the bottom in the field of labour, although the revision may not have...
What does the EU Taxonomy Regulation do? The EU Taxonomy Regulation ( Regulation ( EU) 2020/852) appeared in the Official Journal of the EU on 22 June 2020 and took effect on 12 July 2020. It creates a classification framework across the EU, or ‘taxonomy’, designed to give businesses, investors, financial institutions, companies and issuers a shared vocabulary for judging the extent to which economic activities are environmentally sustainable. This shared language helps determine how far activities are environmentally sustainable, using terminology provided by the Regulation and understood by businesses, investors and issuers. As a transparency instrument, the Regulation’s overarching purpose is to inform decision-making and channel investment effectively towards economic activities fundamental to the transition to net zero. The EU Taxonomy Regulation also amends, and borrows definitions from, Regulation ( EU) 2019/2088—the EU Sustainable Finance Disclosures Regulation ( EU SFDR)—and is...
NIS 2 Directive Relentless digitalisation of society and the economy has heightened organisations’ exposure to cyber-attacks. To respond, the EU adopted Directive ( EU) 2022/2555 on measures for a high common level of cybersecurity throughout the Union, known as the Network and Information Security Directive, the NIS 2 Directive or simply NIS 2. This framework places broad governance and incident-notification duties on sectors designated as critical. It replaces Directive ( EU) 2016/1148 (the NIS Directive) from 18 October 2024, which took effect in 2016. Consequently, cybersecurity benchmarks for in-scope organisations rise markedly. Member States had to transpose NIS 2 into national law by 17 October 2024, so organisations were expected to ready themselves for compliance during 2023/24. Where available, national transposition texts can be found on the EUR‑ Lex website. Compared with its predecessor, NIS 2 broadens its reach to additional sectors and...
This Practice Note reviews the core definitions and terminology used to describe platform solutions, explaining the principal categories of platforms and the expressions commonly linked to them. It further sets out, for each of the principal EU legislative instruments, how the relevant definitions are framed to identify which entities fall within their scope and are therefore captured by those regimes. In-depth analysis of electronic data interchanges, or other platforms used to enable computer‑to‑computer exchanges of business or trading data and documentation, lies outside the remit of this Practice Note. This Practice Note does not address UK law; for information on legislation applicable to online platforms in the UK, see practice: Online platforms—introduction. For detail on the principal recent digital initiatives ( Directive, Regulation and Code of Conduct) that online platforms ought to consider when trading, offering or providing services in the EU, or when they are...
Context Under the European Green Deal, the EU has outlined bold milestones to steadily cut greenhouse gas output to and past 2030, with the end goal of net zero by 2050. Regulation ( EU) 2021/1119 of 30 June 2021 (the EU Climate Regulation) makes it a binding legal duty for the Union to deliver a 55% drop in carbon emissions from 1990 levels by 2030 and to attain complete carbon neutrality by 2050. The European Commission estimates that generating and consuming energy is responsible for over three quarters of the EU’s greenhouse gas footprint. Swift decarbonisation of the energy system is therefore essential to hit the 2030 and 2050 targets. To this end, the EU is designing and rolling out a legal and policy architecture for a climate‑neutral, ‘clean’ energy system, centred on renewable energy and renewable hydrogen, together with improved energy...
ARCHIVED: This Practice Note has been archived and is no longer maintained It includes concluded legislative proposals, published judgements and closed consultations that are no longer shown in the current tracker because they are not from the current year. To follow ongoing legislative proposals, relevant judgement and consultations, see Practice Note: IP rights in the European Union—tracker. This Practice Note is divided into the following sections: Copyright Copyright—legislation Copyright—cases Copyright—closed consultations Designs Designs—legislation Designs—cases Designs—closed consultations Trade marks Trade...
ARCHIVED: This Practice Note has been archived and is not maintained This note outlines principal dates and details concerning the EU’s Network and Information Systems Directive ( NIS Directive), Directive ( EU) 2016/1148, which has been repealed by Directive ( EU) 2022/2555 (the NIS 2 Directive). It brings together strategy papers, consultations, progress updates, alongside opinions and guidance from various bodies on its creation, revision and repeal. For the key stages of the NIS 2 Directive’s legislative process, see Practice Note: The EU NIS 2 Directive—timeline. Key developments 10 May 2018 — Commission Implementing Regulation ( EU) 2018/151 became directly applicable. 9 May 2018 — Deadline for Member States to implement the NIS Directive, Directive ( EU) 2016/1148, into domestic law. 19 February — Commission Implementing Regulation ( EU) 2018/151 came into force. 30 January 2018 — Official Journal of the EU:...
What are pesticides and biocides? Pesticides and biocides are chemicals or organisms deployed to control pests—unwanted or harmful animals, plants, fungi, viruses, or bacteria that cause damage. The term ‘pesticide’ is frequently used as a substitute for ‘plant protection product’, though it can be broader and may encompass biocidal products. A ‘plant protection product’ refers specifically to pesticides that protect crops or other plants, commonly used in agriculture, forestry, and public and private horticulture. PPPs and biocides can cause serious water pollution and land contamination, especially if they enter surface water or groundwater, and their potential impacts on human health are sometimes questioned. Plant protection products ( PPPs) PPPs contain at least one ‘active substance’ that counteracts pests or plant diseases and fulfil one or more of the following roles: protect plants or plant products from pests or diseases, before or after harvest ...
STOP PRESS : This Practice Note mirrors the law as it stands; nevertheless, be aware that aspects will be affected by the Digital Omnibus proposals issued on 19 November 2025 under the Commission’s ‘simplification’ programme. For more detail, see Practice Note: EU Digital Omnibus—tracker. Regulation ( EU) 2019/1150 ( OJ L 186/57) — promoting fairness and transparency for business users of online intermediation services and corporate website users of online search engines — also called the EU Platform‑to‑business ( EU P2B) Regulation, has applied directly across EU Member States since 12 July 2020. This Practice Note outlines the duties placed on platform providers and online search engine providers by the EU P2B Regulation and addresses: Background Scope—who the EU P2B Regulation applies to At‑a‑glance—platform providers’ obligations under the EU P2B Regulation At‑a‑glance— OSEs’ obligations under the EU P2B Regulation What must platform providers do? Required content for platform...
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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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