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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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UK data protection law includes a right to data portability. That entitlement enables people to receive from a controller a copy of their personal data in a structured, machine-readable form. Moreover, in certain situations, people can require the controller to transmit that data straight to a different controller. This Practice Note considers the right to data portability. It presumes some familiarity with UK data protection law. For an overview of UK data protection law, with guidance on core concepts and terminology, see the UK data protection law collection. Note that there are notable parallels between the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) and this Practice Note concentrates on the position under the UK GDPR. For details on the background to the UK GDPR and how it...
This Practice Note explores how publication operates within claims for defamation or malicious falsehood. It surveys key case law and legislation, and considers who might be primarily and secondarily accountable for publication, what amounts to publication, the nature of publication on the internet, and jurisdictional questions... Publication as an ingredient of the tort of defamation For libel or slander, it is fundamental that a defamatory statement is communicated to someone other than the claimant. A written publication occurs only once a third party has read and understood the words. An oral publication arises when a third party apprehends and understands them. In practice, a claimant often issues one claim covering multiple publications. Each communication is, in principle, a distinct publication giving rise to its own cause of action, though section 8 of the Defamation Act 2013 ( DA 2013) moderates this for...
ARCHIVED This Practice Note is archived and is no longer maintained. It addresses the position where the UK and the EU fail to conclude arrangements on jurisdiction after the UK’s departure. Throughout the implementation period commencing on exit day, that is, the day the UK leaves the EU, the provisions of the withdrawal agreement will apply. For commentary on that period and its effect on jurisdiction, refer to Practice Note: Brexit implementation period—jurisdiction [ Archived]. This Note evaluates the consequences of the UK exiting the EU without a deal when addressing jurisdictional issues before courts in EU Member States, with particular focus on how the Brussels regime would be applied. It considers practical implications for proceedings and the treatment of jurisdictional rules accordingly in practice......
ARCHIVED: On 7 June 2021, the Official Journal of the EU published a decision that: (a) introduced new standard contractual clauses ( SCCs) for exporting personal data under the EU GDPR to countries outside the EEA, available for use from 27 June 2021; and (b) repealed, after a grace period, the earlier international transfer SCCs from 2001, 2004 and 2010. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note concerns the 2004 and/or 2010 SCCs and stopped being maintained when the new (2021) international SCCs were first issued. Purpose of this Practice Note As set out in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) imposes limits on sending personal data outside the EEA ( EEA...
ARCHIVED: On 7 June 2021, a notice appeared in the Official Journal of the EU that: (a) introduced new standard contractual clauses ( SCCs) for exporting personal data governed by the EU GDPR to non- EEA destinations, available for use from 27 June 2021; and (b) revoked, after a transitional period, the earlier 2001, 2004 and 2010 international transfer SCCs. For more detail, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note concerns the 2004 and/or 2010 SCCs and stopped being updated when the new (2021) international SCCs were first released. Purpose of this Practice Note As outlined in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) sets limits on sending personal data beyond the EEA ( EEA...
ARCHIVED: This retired Practice Note outlines details about the EU General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR), as it operated in the UK before 11 pm on 31 December 2020. From that point, it is retained strictly for background purposes only and is no longer updated or maintained. For advice on the amendments to UK data protection law introduced by the replacement UK GDPR from that date, consult Practice Notes: The UK General Data Protection Regulation ( UK GDPR), The UK General Data Protection Regulation ( UK GDPR)— Navigator and Brexit—implications for data protection [ Archived]. Brexit On 31 January 2020, the UK left the EU and entered an implementation period up to 11 pm on 31 December 2020, during which it remained bound by EU law for the entire duration of that period. Throughout that time, the EU General Data...
ARCHIVED: This archived timeline outlines the principal legislative milestones within the data protection reform package. It is supplied for background purposes only and is not maintained. This timeline contains information relating to: the General Data Protection Regulation, Regulation ( EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/ EC ( GDPR) the Data Protection Law Enforcement Directive, Directive ( EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free...
ARCHIVED: This Practice Note is archived and no longer updated. It sets out an overview of the EU regime governing electronic communications (the Framework) and its principal components. It outlines the scope and substance of the key directives comprising the Framework, together with the policy themes they cover. The aim of the Framework was to deliver a harmonised system for regulating electronic communications networks and services across the EU. The European Commission has issued a complete set of Framework documents as at December 2009. The Framework has since been superseded by Directive ( EU) 2018/1972, the European Electronic Communications Code, which restates and consolidates the Framework directives (excluding Directive 2002/58/ EC (the e Privacy Directive)). Directive ( EU) 2018/1972 establishing the European Electronic Communications Code was approved by the Council of the EU on 3 December 2018, published in the Official Journal of the EU on 17...
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
The Investigatory Powers Act 2016 ( IPA 2016) IPA 2016 sits at the heart of the statutory regime that regulates covert surveillance undertaken by public authorities. Historically, much of this regime—though not all—was housed in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). The rules addressing powers to interfere with equipment and property are contained in IPA 2016, Pt 5. These operate alongside the powers available to the intelligence agencies ( GCHQ, MI5 and SIS) under sections 5 and 7 of the Intelligence Services Act 1994. Under IPA 2016, s 13, the intelligence services must secure an equipment interference warrant to obtain communications, private information or equipment data where, without such a warrant, the conduct would constitute an offence under the Computer Misuse Act 1990 and there is a British Islands connection. The Home Office has published a Code of Practice on...
Grasping what counts as environmental information is central to environmental regulation, as it dictates whether an information request is handled under the Freedom of Information Act 2000 ( FOI 2000) or the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004). Where the material sought fits the definition of environmental information, the request must be dealt with under the EIR 2004. This Practice Note explores the statutory meaning of environmental information and draws on published guidance and case law to illustrate when material has been deemed environmental, including disputed categories such as: financial viability assessments road tolling information information regarding a public authority's decision to dispose of land The Information Commissioner’s Office has issued a Guide to the EIR for staff in public authorities or those with day-to-day responsibility for environmental...
The Environmental Information Regulations 2004, SI 2004/3391, as amended ( EIR 2004), can expose businesses to the release of confidential commercial material. At the same time, EIR 2004 can be a route to obtaining commercially valuable data. The greatest exposure typically arises in two situations: (1) when a private company is treated as a public authority; or (2) when a private company deals with a public authority. This Practice Note sets out ways for businesses to reduce the risk of unwanted disclosure, and explains how they can use EIR 2004 to their advantage. For more on EIR 2004, see Practice Notes: Environmental Information Regulations 2004—what is environmental information? Environmental Information Regulations 2004—request for environmental information Environmental Information Regulations 2004—responding to a request Environmental Information Regulations 2004—clarifying requests Environmental Information Regulations...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note compiles and distils significant archived judgments and case law outcomes concerning the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391. For up-to-date case law developments on access to environmental information and freedom of information, consult: Freedom of information case tracker. The tables under each section below showcase notable key decisions from the following bodies: Court of Appeal Upper Tribunal ( UT) First Tier Tribunal ( Information Rights) ( FTT) Information Commissioner’s Office ( ICO) For convenience, the tracker is organised into sections aligned to the principal relevant provisions and topics specifically addressed under the EIR 2004, including: definition of environmental information definition of a public authority form and format of information charging for making environmental information available information not held by the public authority manifestly unreasonable requests material in the course of completion, unfinished documents and incomplete...
This Practice Note outlines the principal aspects of Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), drawing out issues of particular interest to employment lawyers and directing readers to more in‑depth guidance and other supporting materials. It reflects the provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) that are in force as at 5 February 2026 (see Practice Note: Data ( Use and Access) Act 2025—employment implications). Revised guidance from the Information Commissioner’s Office ( ICO) is still awaited. Assimilated law refers to EU‑derived legislation that continues to apply after the end of 2023. For further detail, see Practice Note: Assimilated law. This Practice Note also cites case law from the Court of Justice of the European Union ( CJEU). For guidance on...
Updated in partnership with Patrick Senior of Stephenson Harwood. Where requests under the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 are set out clearly and without ambiguity, the public authority has 20 working days to provide the information sought. For more on requests, see Practice Notes: Environmental Information Regulations 2004—requesting information, and Environmental Information Regulations 2004—what is environmental information? Where a request is unclear, the EIR 2004 requires the public authority to issue a refusal notice under regulation 12(4)(c) (that the request is formulated in too general a manner) within 20 working days, and at the same time offer advice and assistance to clarify the request so the authority can identify and locate the information requested. Reading objectively When deciding whether a request is unclear or ambiguous, a public authority must adopt an objective approach and take the wording at its face value. A request may be too...
ARCHIVED: On 7 June 2021, the Official Journal of the EU published a decision that: (a) introduced new standard contractual clauses ( SCCs) for transfers of personal data subject to the EU GDPR to third countries outside the EEA, available for use from 27 June 2021; and (b) repealed, after a grace period, the earlier international transfer SCCs from 2001, 2004 and 2010. For further guidance, see Practice Note: EU GDPR—transfers of personal data internationally and to international organisations. This Practice Note relates to the 2004 and/or 2010 SCCs and ceased to be maintained when the new (2021) international SCCs were first published. Purpose of this Practice Note As set out in Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations, Chapter V of the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) places...
This Practice Note evaluates the effect of amendments to UK data protection and e Privacy law introduced by the Data ( Use and Access) Act 2025 ( DUAA 2025), which obtained Royal Assent on 19 June 2025 and, on that day, brought certain provisions into effect. However, many DUAA 2025 obligations will not take effect until the Secretary of State makes secondary regulations for that purpose, with those instruments intended to be laid and then commenced in four distinct phases after Royal Assent (see: LNB News 28/07/2025 33). To follow these developments, consult Practice Note: Data ( Use and Access) Act—tracker. Many of the principal revisions to data protection and e Privacy law took legal effect on 5 February 2026 (see: LNB News 04/02/2026 26 and LNB News 04/02/2026 13). Refer to the Parliament website for DUAA 2025’s text and its explanatory notes...
The Department for Science, Innovation and Technology ( DSIT) has issued several Codes of Practice covering distinct facets of cybersecurity, designed to provide a structure for meeting cybersecurity duties that are often articulated in broad or imprecise terms under UK law. Each code focuses on a separate area of cybersecurity. This Practice Note outlines each code, describing its purpose, scope, and principal requirements, and highlights related resources such as National Cyber Security Centre ( NCSC) guidance. Cybersecurity obligations under UK law and the relevance of Codes of Practice Cybersecurity requirements in the UK arise under multiple statutes that include safeguarding information systems and data among their objectives. Where personal data is handled, the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 are central to governing data security. For more detail, see Practice Note: The UK...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced under the earlier regime ( Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under those rules. The Cabinet Office has refreshed its suites of standard contract documents, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 “go‑live” on 24 February 2025. This Practice Note will be revised shortly to take account of these changes. For further detail, see: News Analysis: Procurement Act 2023 “go live”—what happens next?, and Government model contracts updated for...
Boilerplate provisions in public sector contracts This Practice Note examines audit clauses within public sector agreements. For additional insight into what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements initiated on or after that date must proceed under PA 2023. The existing public procurement regime—including the Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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