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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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Practice Note This Practice Note offers practical guidance on the current border controls between the United Kingdom and the European Union, along with the changes scheduled to commence on 1 January 2022. It covers customs declarations, the payment of customs duty and VAT, and sanitary and phytosanitary checks. Introduction In November 2021, the UK released its updated border operating model, explaining how the UK border functions in relation to the EU. The model was originally brought in on 1 January 2021 following the UK’s departure from the EU customs union. From that date, certain border controls were introduced. These were phased in to allow time to build and prepare the necessary infrastructure to support those controls. In December 2021, the UK further updated the border operating model to temporarily prolong staged customs controls for goods moving from the island of Ireland into Great Britain. This interim step was taken...
Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...
Database right Database right is a proprietary entitlement in the UK, arising from the transposition of Directive 96/9/ EC (the EU Database Directive), and applies to a database where there has been substantial investment in acquiring, checking, or presenting its contents. Illustrations of what may amount to a database include: a hard copy or electronic encyclopaedia; collections of data hosted on websites; the intranet; a spreadsheet recording a database and a PDF version of that spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was put into effect in the UK by the Copyright and Rights in Databases Regulations 1997 ( CRD 1997, also called the Database Regulations 1997), SI 1997/3032. Database right is infringed by the extraction or re-utilisation of the whole or a substantial part of the database’s contents without the permission of the rights holder. Not every database benefits from database right....
This timeline outlines significant milestones and material concerning the UK’s Network and Information Systems Regulations 2018 ( NIS Regulations), SI 2018/506, and covers proposals to amend them by way of the Cyber Security and Resilience ( Network and Information Systems) Bill laid before Parliament in November 2025. It brings together strategies, consultations, progress updates, reform suggestions, plus commentary and guidance from various organisations on these developments. For further detail, see Practice Note: The Network and Information Systems Regulations 2018. Key developments 27 March 2026 — Ofgem. DESNZ and Ofgem opened a consultation seeking input on plans to recast cyber resilience regulation for downstream gas and electricity operators across Great Britain, reflecting the evolving energy system, Clean Power 2030, and a heightened cyber security threat. Proposals cover: setting baseline cyber resilience obligations for all Ofgem licensees via licence conditions, using Cyber Essentials or Cyber...
This Practice Note outlines the principal cybersecurity ramifications posed by artificial intelligence ( AI) in relation to duties under UK law, including those arising from the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It further sets out practical guidance on embedding AI as a relevant factor within existing cybersecurity compliance frameworks already in place. Advances in AI prompt concerns about the implications for cybersecurity and, as adoption grows, so too do related cybersecurity concerns. In January 2024, the UK National Cyber Security Centre ( NCSC), the UK’s technical authority on cyber threats, warned that AI will almost certainly render cyberattacks on UK organisations more effective and widespread. In April 2026, DSIT and the Cabinet Office published an open letter to businesses on AI cyber threats, warning that the development of AI models is...
This Practice Note compiles a consolidated set of key United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR)-compliant precedent terms, clauses, provisions, schedules and agreements, which can be tailored for commercial dealings and personal data sharing contexts. It also contains certain schedules intended for matters where both the UK GDPR and the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) apply, tackling both regimes within one contract by adopting the highest common denominator of the two compliance frameworks. It is structured as follows: controller to processor data processing arrangements controller to controller data sharing arrangements clauses for international transfers Consult the relevant document for details on when each is intended to be used. For a broad primer on data protection law that gathers key practical guidance, see: UK data protection law...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...
What is the recognised legitimate interest lawful basis under the UK GDPR? This Practice Note sets out answers to FAQs on the new lawful basis of recognised legitimate interest, which the Data ( Use and Access) Act 2025 ( DUAA 2025) has inserted into Article 6 of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It also highlights core guidance from the UK data protection regulator, the Information Commissioner’s Office ( ICO), regarding this additional lawful basis Beyond introducing this ground under Article 6(1) UK GDPR, DUAA 2025 Parts 5 and 6 update a range of UK data protection provisions, including those concerning: data subject rights automated decision making the powers of the ICO For more detail on the amendments brought in by DUAA 2025 to UK data protection law, see Practice Note: The Data ( Use and...
Introduction to the Intellectual Property Enterprise Court The Intellectual Property Enterprise Court ( IPEC) sits as a sub-list within the general Intellectual Property List ( Chancery Division). It is designed to open up access to justice in IP disputes for small- and medium-sized enterprises ( SMEs) that might otherwise struggle to bring or defend a claim. IPEC also serves as a venue for lower-value IP cases to be resolved at proportionate cost, ensuring litigation remains manageable for parties with modest resources. The Intellectual Property List comprises two sub-lists: the Patents Court and the IPEC. It forms part of the Business and Property Courts of the High Court, which were established on 2 October 2017. For further details about the Business and Property Courts, see Practice Note: Business and Property Courts, and for commentary on their introduction in IP matters, see News Analysis: Framework of...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
Under English law, binding agreements may arise orally, in writing, or by deed. This Practice Notice explores when a deed is required or preferable, and the formalities that must be observed to ensure validity. What is a deed? When a deed is required Formalities (1): in writing Formalities (2): face value Formalities (3): execution Formalities (4): delivery Escrow Witnessing Variation Failure to comply with formalities and other defects Reform For details on executing deeds in jurisdictions outside England and Wales, see Practice Note: Execution of deeds—jurisdictional guide. We have created a comprehensive, interactive collection to help users identify and navigate concepts and common issues in executing documents, including deeds. Each phase includes practical guidance, precedent clauses and Q& As relevant to that stage. For further information, see: Execution...
This introductory guide for newcomers sets out the basics of data protection law for readers who are not familiar with the subject, and offers an overview of the principal elements of the UK’s general data protection framework. There are more comprehensive Practice Notes for specialists or advisers dealing with specific aspects of data protection law. For a toolkit that consolidates various key guidance on aspects of data protection, consult the UK data protection law collection. Data protection law and its purpose In short, UK data protection legislation aims to ensure information about living individuals, defined as ‘personal data’, is handled fairly and responsibly. To achieve this, the law places extensive duties and responsibilities on anyone ‘processing’ personal data, as well as on the controllers overseeing such processing. It also confers a set of rights upon those whose personal data is...
UK GDPR regime This material examines the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless specified otherwise. It reflects the provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) in force on 5 February 2026 (see Practice Note: Data ( Use and Access) Act 2025—employment implications). For broader guidance on workplace data protection, consult the following Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers The UK GDPR and DPA 2018: lawful processing of personal data in employment For a fuller overview of the UK GDPR, refer to Practice Note: The UK General Data Protection Regulation ( UK GDPR). Throughout recruitment and selection, employers must process—ie collect, use and...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
What is the World Trade Organization ( WTO)? The WTO oversees trade agreements that regulate commerce between states. It is also a venue for governments to negotiate bilateral or multilateral trade agreements and to settle trade disputes, helping countries trade with as little friction and disruption as possible. For background reading on the WTO, see: WTO— Who we are and WTO— In brief. The WTO came into being on 1 January 1995, though its trading rules are older. The General Agreement on Tariffs and Trade ( GATT) has provided a framework for global trade in goods since 1948, amended through successive negotiating rounds. Talks in the mid-1980s and early 1990s, known as the Uruguay Round, sought to extend the system to services and intellectual property. That round concluded with an agreement signed on 15 April 1994 by most of the 123...
This Practice Note provides a summary of the key aspects of the Data ( Use and Access) Act 2025 ( DUAA 2025) from an information law perspective. DUAA 2025 obtained Royal Assent on 19 June 2025 and certain provisions commenced immediately. Most measures will only take effect once supporting secondary legislation is made. For details on the commencement timetable for DUAA 2025, refer to: LNB News 19/06/2025 46, LNB News 28/07/2025 33, and the Commencement section below. See the Parliament website for the Act’s text and the accompanying explanatory notes. The Act is arranged into seven parts: Part 1 concerns access to customer and business data, seeking to expand the use of ‘smart data’ beyond its current use in open banking in the finance sector Part 2 governs the provision of digital verification services by establishing a trust framework, a register of...
ARCHIVED: This archived Practice Note outlines the data protection framework in place before 25 May 2018 and captures the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background purposes only and is not kept up to date. Under the DPA 1998, data controllers must handle personal data in accordance with the eight data protection principles (see Practice Note: Data protection principles under the DPA 1998). In addition, a controller must not disclose personal data to third parties contrary to the non-disclosure provisions in section 27(3) DPA 1998, which encompass: the first data protection principle (fair and lawful processing), except for the obligation to satisfy one or more conditions for processing ( DPA 1998, Sch 2 and 3) the second (purposes), third (adequacy), fourth (accuracy) and fifth (retention) data protection principles an...
This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....
This Practice Note monitors enforcement action by the Information Commissioner’s Office ( ICO) resulting from infringements of the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. It encompasses contraventions of the direct marketing provisions laid down in PECR 2003, SI 2003/2426, regs 21–24. The tracker lists financial penalties and enforcement notices served on individuals or organisations. Background In the UK, e Privacy rules—ie the treatment of personal data within electronic communications—are largely set out in PECR 2003, SI 2003/2426, which transposed Directive 2002/58/ EC (the e Privacy Directive) at a time when the UK was part of the EU. The legislation’s core aim is to require providers of public electronic communications services to adopt suitable technical and organisational measures to protect the confidentiality, security and privacy of the service, and to shield subscribers from specified risks and misuse. PECR 2003 was...
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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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