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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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ARCHIVED: This Practice Note is archived and is not maintained, and will not receive further updates. It outlines the consequences of IP completion day for breaches of contract and the remedies available. The implementation period created to allow the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. At that moment (called ‘ IP completion day’ in this Practice Note) immediate changes arose that affect contracts within the UK. This Practice Note sets out how those changes relate to breach and remedies and signposts to more detailed content and analysis where you can learn more. How does Brexit impact contract breach and remedies? The rules on making and construing contracts in England and Wales are predominantly grounded in, and developed by, the common law, which was not directly altered by IP...
Reading a request objectively Where a request made under the Freedom of Information Act 2000 ( FIA 2000) is expressed plainly and without ambiguity, the receiving public authority has 20 days to supply the information sought. As a rule, there is no duty to hunt for alternative constructions of a straightforward request, or to consider material that falls outside its scope (see Adedeji v Information Commissioner). However, if the wording is unclear, for example: more than one meaning can reasonably be taken, or on reviewing any context provided, the wording proves ambiguous FIA 2000 gives a public authority a means to seek clarification so it can identify and locate the information requested. In reading a request objectively, an authority should be careful to: avoid overlooking ambiguity: in Berend v...
Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation phase, during which it remained subject to EU law. Throughout that period, the GDPR applies in the UK and, for the purposes of EEA and UK data protection rules, the UK is broadly regarded as an EU (and EEA) state. Consequently, any references to EEA or EU states in this Practice Note should be interpreted as also including the UK until the end of the implementation phase. For additional guidance on that phase, its length and the data protection regime expected to follow it, see Practice Note: Brexit—implications for data protection [ Archived]. ARCHIVED: This Practice Note is archived material and reflects the position before the General Data Protection Regulation became applicable. It is provided for background purposes only and is not...
This Practice Note sets out the restriction in Chapter V of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), and Chapter V of the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), concerning the movement of personal data beyond the UK or the EEA or to international organisations. ‘ Assimilated law’ is the term applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related expressions) as assimilated law signals a shift in its standing and handling under UK law, meaning it is, in general, to be read in line with ordinary domestic rules and principles. From 1 January 2024, REUL is treated as ‘assimilated’ within domestic law because, in broad terms, it is divested of EU-derived...
Data export restriction Restriction under the Data Protection Directive Directive 95/46/ EC, (the Data Protection Directive) ARCHIVED: This Practice Note outlines the data export limitation under the Data Protection Act 1998 ( DPA 1998), which restricts the transfer of personal data to countries outside the European Economic Area ( EEA) unless those destinations provide an adequate level of privacy protection. It summarises the data protection framework in place before 25 May 2018 and reflects the position under the DPA 1998. This Note is offered for background purposes only and is not updated... For details on the position under the General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR), refer to the following Practice Notes: Introduction to the EU GDPR and UK GDPR, which includes a section on international personal data transfers and transfers to international organisations UK GDPR and EU...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’— LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard...
ARCHIVED This Practice Note is archived; it is not maintained and is supplied for background reference only. This year’s annual round-up spotlights major developments from 2017 and anticipates what lies ahead in 2018. Introduction of the General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR) The UK’s proposed Data Protection Bill Findings of the first annual review of the EU– US Privacy Shield Implementation of the Network and Information Security Directive, Directive ( EU) 2016/1148 ( NIS Directive) Advances on the draft e Privacy Regulation There are also updates on Lexis®+ UK’s content, sharing notable developments from the past year and what is planned for the next 12 months. Reviewing 2017 Data protection What happened? With the GDPR compliance date of 25 May 2018 drawing near, the Information Commissioner’s Office ( ICO) encouraged organisations to evaluate the measures needed to meet their duties under the new...
Practice Note This Practice Note sets out a practical ‘how to’ on building in precedent controller to processor ( C2P) or processor to processor ( P2P) clauses to meet the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), within a draft commercial contract. It adopts the viewpoint of an agreement governed by the law of England and Wales. Where relevant, seek appropriate, specific advice on the laws of any other jurisdiction. For the required contractual terms, there are close parallels between the UK GDPR and the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). This step-by-step guide proceeds on the basis that its readers already have a foundational grasp of data protection, including the definitions of core concepts such as ‘personal data’ and ‘processing’. For introductory material on data protection, consult Practice Note: Data...
October 2022 saw the Information Commissioner’s Office ( ICO) unveil ICO25, a three-year strategy running to October 2025, intended to drive openness and, in turn, bolster legal and regulatory clarity for organisations, especially those with a commercial stake in processing personal data and innovating in this field. This Practice Note offers a pragmatic digest of that mission, and sets out how advisers can support those they counsel to plan and prepare, based on what is currently known about forthcoming themes. It highlights practical steps professionals can take to align plans with the anticipated direction of travel during the period. It assumes readers are conversant with all facets of data protection law, including the regulator’s role and the scope of the supervisory authority too. Those less familiar may wish to begin with Practice Note: The Information Commissioner’s Office ( ICO). The UK data protection law...
ARCHIVED: This archived Practice Note monitors key consultations undertaken by the Information Commissioner’s Office ( ICO) during 2024. All information is accurate up to and including 31 December 2024. The tracker is no longer maintained and is provided strictly for background information purposes only. For details of ICO consultations from 1 January 2025 onwards, please see Practice Note: ICO consultations tracker 2025 [ Archived]. This Information Law consultations tracker sets out the current status and the most recent developments in significant ICO consultations running from 1 January 2024. The ICO, from time to time, invites feedback on matters such as the effectiveness and clarity of draft guidance it is due to publish, relating to the legislation it oversees, including the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 ( UK GDPR). Other legislation falling within the ICO’s remit includes the...
ARCHIVED: This archived Practice Note tracks key consultations conducted by the Information Commissioner’s Office ( ICO) in 2023. This archived Practice Note records significant consultations undertaken by the Information Commissioner’s Office ( ICO) during 2023. Information is accurate as at 31 December 2023. The tracker is no longer updated and is provided for background only. For consultations from 1 January 2024, see Practice Note: ICO consultations tracker 2024. This Information Law consultations tracker outlines the current status and latest developments in key ICO consultations commencing on or after 1 January 2023. The ICO periodically consults on matters such as the effectiveness and clarity of draft guidance it intends to publish under legislation within its remit, including the United Kingdom General Data Protection Regulation, Retained Regulation ( EU) 2016/679 ( UK GDPR). Other legislation within the ICO’s scope includes: Data Protection Act 2018 ( DPA 2018) ...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those initiated under earlier regimes must continue to be run and managed under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document suites, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the meantime, see: News Analysis: Procurement Act 2023 ‘go live’—what happens next? Government model contracts updated for...
ARCHIVED : This Practice Note has been archived and is not maintained. Scope of exemption Disclosure of personal data under freedom of information ( FOI) will be exempt where releasing it would breach the data protection principles or a notice under section 40(3) of the Data Protection Act 1998 ( DPA 1998), or where the material falls within DPA 1998, s 40(4) (enforcement notice). In most situations, reliance is placed on the breach of principles exemption. Although absolute, the public authority must still consider what is fair. Disclosure is allowed if the data subject has consented. Yet the mere absence or refusal of consent is not conclusive. The authority is required to weigh fairness, by reference to the above factors, when deciding whether to disclose despite a refusal, or where consent has neither been given nor refused. When is consent needed? Data counts as personal data only if it...
The freedom of information ( FOI) case tracker collates and outlines notable judgments and case law concerning the application of the Freedom of Information Act 2000 ( FIA 2000) and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391... Background reading Freedom of information—overview Environmental information regulation—overview Courts covered Supreme Court ( SC) Court of Appeal ( CA) Upper Tribunal ( UT) Alongside concise case particulars, where feasible the tracker includes links to news analysis and commentary published in the Freedom of Information Journal, available to Lexis®Library subscribers... Archived decisions [ Archived] Access to environmental information case tracker [ Archived] Supreme Court ( SC) Citation: Department for Business and Trade v Information Commissioner [2025] UKSC 27 Summary: Supreme Court confirms cumulative public interest test under FIA 2000 Abstract: The Supreme Court determined that, under FIA 2000, s 2(2)(b), public...
ARCHIVED: This Practice Note is archived and is not being actively updated at present. For further material on FCA investigations, please refer to relevant Practice Notes: FCA enforcement essentials—investigations; FCA and PRA search and seizure powers and dawn raids; and Offences during an FCA investigation. The Financial Conduct Authority ( FCA) carries a broad remit, encompassing the power to secure adherence to its rules and competition law so as to achieve its strategic and operational aims. For further detail, see Practice Notes: FCA—corporate governance and Financial Conduct Authority—functions. The FCA can deploy an array of powers for this purpose, including regulatory, disciplinary, civil and criminal enforcement tools. For additional guidance, see Practice Note: FCA enforcement essentials—investigations— The FCA’s Toolkit. This Practice Note offers a primer on the FCA’s criminal enforcement investigatory powers. For comprehensive guidance, consult the FCA and PRA...
ARCHIVED: This archived Practice Note summarises the EU- US Privacy Shield arrangements as they existed before 16 July 2020, when the Court of Justice found the mechanism invalid. It is supplied for background only and is no longer maintained. For guidance on the consequences of that invalidation, see Practice Notes: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, and The Privacy Shield—timeline [ Archived]. Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which EU law continued to apply. During this time, the GDPR applies in the UK and the UK is generally treated as an EU (and EEA) state for EEA and UK data protection law purposes. Therefore, any references to EEA or EU states in this Practice Note should be interpreted as also including the UK until the end of that...
UK GDPR claim This Practice Note sets out advice on responding to a ‘ UK GDPR claim’. It refers to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), as revised by the Data ( Use and Access) Act 2025 ( DUAA 2025), alongside the Data Protection Act 2018 ( DPA 2018). Claims falling within EU jurisdiction are governed by the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). UK data protection legislation (notably Assimilated Regulation ( EU) 2016/679 ( UK GDPR)) originates to a great extent from EEA regimes and so rests on comparable principles, albeit with some granular divergences in its provisions. Moreover, in the UK, ‘assimilated law’ denotes retained EU law ( REUL) that continued to apply beyond the close of 2023, including the UK GDPR....
FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill secured Royal Assent, was enacted as the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), with some provisions commencing immediately. The unfair commercial practices regime in DMCCA 2024, Part 4, Chapter 1 took effect on 6 April 2025, disapplying and substituting the equivalent rules in the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008) from that date. However, sections 232, 234 and 235, which concern consumers’ rights to redress, have not commenced; until they do, Part 4A of CPUTR 2008 continues to regulate redress. The strengthened consumer protection enforcement powers likewise began on 6 April 2025. Measures still pending include the repeal of the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015 ( Consumer ADR...
Background The Computer Misuse Act 1990 ( CMA 1990) was primarily passed to tackle the risk posed by unauthorised entry into computer systems, commonly labelled ‘hacking’ offences. It became clear that no suitable law existed to prosecute such activity, a gap highlighted especially by R v Gold & Schifreen, where the Court of Appeal set aside a conviction for making a false instrument, contrary to the Forgery and Counterfeiting Act 1981, in circumstances amounting to unauthorised access to BT’s Prestel Computer Network. The House of Lords affirmed that ruling, holding the behaviour fell beyond the false instrument offence because the false information—namely the passwords used to secure entry—had to be retained on the instrument for a meaningful period. At the time, the statute drew criticism as rushed and ill-conceived, and Parliament had no real conception of the ‘ World Wide Web’, which did not...
Individuals making requests under the Freedom of Information Act 2000 ( FIA 2000) ought to be able to complain to the public authority if their information request is refused, in full or in part, or if they are dissatisfied with how the authority has dealt with it. While the FIA 2000 does not legally oblige authorities to operate an internal review process, the Freedom of Information Code of Practice (the Code) advises, as best practice, that every authority should adopt one. The Code is not enforceable in law, but it sets out guidance to help public authorities meet their duties under the FIA 2000. The Information Commissioner’s Office ( ICO) promotes adherence to the Code and can intervene or issue recommendations where standards are poor, even if the conduct does not amount to a breach of the FIA 2000. The Code requires that any...
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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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