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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:
Most recent Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how Brexit may affect the determination and settlement of disputes through mediation or other forms of Alternative Dispute Resolution ( ADR) when the UK leaves the EU. It reviews the current position: the Mediation Directive 2008/52/ EC, implemented in England and Wales by the Cross- Border Mediation ( EU Directive) Regulations 2011, SI 2011/1133; and the relevant ADR directive, European Directive 2013/11/ EU on ADR, which amends Regulation ( EC) 2006/2004 and Directive 2009/22/ EC. That latter directive was transposed into the law of England and Wales by the ADR for Consumer Disputes ( Competent Authorities) Regulations 2015, SI 2015/542. The note then summarises the respective positions of the UK and the EU, considers likely potential outcomes arising on the UK’s exit from the EU, and...
ARCHIVED: This Practice Note has been archived and is no longer maintained or updated. It examines the impact of Brexit on the relevant rules for identifying the applicable (governing) law and the competent jurisdiction in the context of consumer contracts and disputes. Background On 31 January 2020 (exit day), the UK left EU membership and forfeited its right to take part in the political institutions and governance structures of the EU itself. Consistent with the transition provisions in Part 4 of the Withdrawal Agreement, exit day triggered an eleven‑month implementation phase in duration, during which the EU continued to regard the UK as a Member State for many purposes. This phase lasted until 11 pm on 31 December 2020, a date and time known as IP completion day. Throughout the implementation period, the UK was required to continue to comply fully with its duties under EU law...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have come into effect. Any procurement launched on or after that date must follow PA 2023, whereas those started under the prior regime must continue to be run and overseen under that framework. Earlier legislation includes: 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 collections, 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 revised shortly to reflect these changes. In the meantime, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, became the Data ( Use and Access) Act 2025 ( DUAA 2025), and partially commenced on that day. Provisions addressing, for example, responses to data subject access requests and the grant of powers to make additional regulations took effect immediately on 19 June 2025, and applied from that date. By contrast, a further tranche, including measures on Information Commissioner notices and certain facets of law enforcement processing, started on 19 August 2025, being two months from the date of Royal Assent. In practical terms, the bulk of DUAA 2025 will only begin once further regulations—issued as statutory instruments—are made to bring those sections into force. Parts 5 and 6 of DUAA 2025 modify aspects of the United Kingdom’s data protection and e Privacy regime,...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s particular proposals for addressing the enforcement of judgments across the EU will be a central concern for UK practitioners. This Practice Note examines how Brexit will affect the enforcement of court judgments in the EU once the UK leaves the bloc. It reviews the existing framework under Regulation ( EU) 1215/2012, Brussels I (recast), sets out the respective stances of the UK and the EU, and evaluates the probable outcomes based on the information currently available. The Note highlights issues that may arise upon the UK’s exit and points to regimes that could support the enforcement of court judgments, including the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. It provides a concise summary of the current position and the foreseeable scenarios for...
ARCHIVED: This Practice Note is archived and is no longer maintained. The Investigatory Powers Act 2016 ( IPA 2016) forms the principal statutory scheme regulating the use of covert surveillance undertaken by public bodies. Rules on obtaining and disclosing communications data sit in IPA 2016, Parts 2 and 3, which replaced the RIPA 2000 provisions on interception and communications data acquisition. For guidance on acquiring and using communications data under IPA 2016, refer to the Practice Notes ' Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016' and ' Interception of communications under the Investigatory Powers Act 2016'. For an overview of the scope of IPA 2016 more generally, see the Practice Note ' The regulation of intelligence gathering—an introductory guide'. Communications data The Regulation of Investigatory Powers Act 2000 ( RIPA 2000) established a detailed scheme for...
ARCHIVED: This Practice Note has been archived and is no longer being maintained at present. For guidance on the scrutiny of intelligence gathering, see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016. The Investigatory Powers Act 2016 ( IPA 2016) obtained Royal Assent on 29 November 2016 and reshaped the legal framework regulating the use of covert surveillance by public bodies, a framework that remains largely—though not solely—contained in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a comprehensive background to the introduction of IPA 2016, together with a summary of its core provisions, refer to Practice Note: The regulation of intelligence gathering—an introductory guide. The IPA 2016, Pt 8 provisions dealing with the scrutiny of interception are in effect and apply at the present time. IPA 2016 also...
ARCHIVED: This archived Practice Note outlines the data protection framework before 25 May 2018 and sets out the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background purposes only and is not maintained. Background The DPA 1998 regulates the processing of personal data in the UK. It requires those handling such data to observe eight principles and gives individuals the right to know what information is held about them. For details on the principles, see Practice Note: Data protection principles under the DPA 1998. The Information Commissioner’s Office ( ICO) oversees and enforces the DPA 1998. For more information, see the following Practice Notes: The Information Commissioner’s Office ( ICO) Sanctions and enforcement under the DPA 1998 Sections 1 and 2 of the DPA 1998 set out definitions for key terms used throughout the Act and within the...
ARCHIVED On 7 June 2021, a decision appeared in the Official Journal of the EU providing for the following: New standard contractual clauses ( SCCs) for exporting personal data governed by the EU GDPR to countries outside the EEA, available for use from 27 June 2021. The withdrawal, after a grace period, of 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 ceased to be maintained once the new (2021) international SCCs were first issued. 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) imposes limits on...
ARCHIVED This archived Practice Note outlines the data protection regime in place before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background only and is not updated. It identifies and explains the main exemptions available under the DPA 1998. When does the DPA 1998 apply? Before invoking any exemption, you should first determine the underlying obligation it concerns and why the exemption is needed. The first step is to confirm whether the DPA 1998 applies at all and, if it does, what it requires. This depends on: the nature of the information (personal data) the operations carried out on that personal data (processing) the equipment and/or the location used for processing which party bears the duties (data...
ARCHIVED: This archived Practice Note compiles News Analysis relating to Information Law and Brexit from June 2016 to October 2021. It is not updated and is provided for background purposes only... Information Law Brexit News Analysis Lexis Nexis® Information Law has issued News Analysis on a range of matters concerning the implications of Brexit, as outlined in the table below... 25 October 2021 — Beyond Brexit— Government responds to report on digital trade and data ( LNB News 02/11/2021 53). The government has replied to the Fourth Special Report of the International Trade Committee on digital trade and data. All 12 recommendations were addressed, including a call to publish an expanded data protection explainer, undertake an assessment of each agreement’s impact, set out anticipated changes to the handling of EU citizens’ personal data in the UK, and conduct...
ARCHIVED: This Practice Note is archived and is no longer maintained. It charted the progress of UK primary legislation introduced as part of the legislative preparations for the UK’s exit from the EU during the 2017–19 Parliament. Following the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills moving through Parliament that had not yet secured Royal Assent fell, namely: Agriculture Bill Financial Services ( Implementation of Legislation) Bill [ HL] Fisheries Bill Immigration and Social Security Co-ordination ( EU Withdrawal) Bill Trade Bill For further reading, see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64......
ARCHIVED: This Practice Note has been archived and is not maintained. It provides an overview of Opinion 2/2017 from the Article 29 Data Protection Work Party (called in this Practice Note the Article 29 Opinion), addressing the impact of Regulation ( EU) 2016/679, EU GDPR on processing employee data within the employment relationship and on the equilibrium between employers’ legitimate interests and employees’ reasonable privacy expectations in this context. Although grounded in Directive 95/46/ EC, the Data Protection Directive, the Article 29 Opinion anticipated duties arising under Regulation ( EU) 2016/679, EU GDPR, which, when the Article 29 Opinion appeared, had yet to take effect and was not in force at that time. From IP completion day (11 pm on 31 December 2020), Regulation ( EU) 2016/679, the General Data Protection Regulation ( GDPR) became retained EU law (see Practice Note: Retained EU law in...
ARCHIVED: This archived Practice Note provides information about the Data Protection and Digital Information Bill introduced to Parliament in March 2023. This bill did not obtain Royal Assent before Parliament was dissolved on 30 May 2024 and consequently dropped from the legislative agenda—see LNB News 29/05/2024 66 and News Analysis: General election announced for 4 July 2024. This Practice Note is supplied for context only and is not updated. For broader developments on data protection reform, see Practice Notes: The Data Protection Act 2018—timeline and UK e Privacy law reform—tracker. This Practice Note outlines principal elements of the Data Protection and Digital Information Bill as published on 6 December 2023 (the Bill), which would have amended: United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) Data Protection Act 2018 ( DPA 2018) Privacy and...
ARCHIVED This archived Practice Note outlines the data protection regime prior to 25 May 2018 and records the position under the Data Protection Act 1998 ( DPA 1998). It is provided for background purposes only and is not kept up to date. Changes as a result of the General Data Protection Regulation The General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR), effective from 25 May 2018, brings major revisions to EU and UK data protection law and, from that date, replaces the DPA 1998 and Directive 95/46/ EC (the Data Protection Directive). For further details, see Practice Notes: Introduction to the EU GDPR and UK GDPR and Rights of data subjects. A data subject is a living person who is the subject of personal data, ie information from which he can be identified. For key definitions under the DPA 1998, see Practice Note: Key...
ARCHIVED: This archived Practice Note provides information on the data protection regime before 25 May 2018 and reflects the position under the Data Protection Act 1998 ( DPA 1998). This Practice Note is for background purposes only and is not kept up to date. Under the DPA 1998, data controllers handling personal data must observe the following eight principles: Principle 1: personal data must be processed fairly and lawfully Principle 2: personal data must be collected only for specified and lawful purposes Principle 3: personal data must be adequate, relevant, and not excessive Principle 4: personal data must be accurate and maintained up to date Principle 5: personal data must not be retained longer than necessary Principle 6: personal data must be processed in line with the rights of data subjects Principle 7: safeguards must exist against...
ARCHIVED: This archived guidance note, dated November 2017, was issued by The Chartered Governance Institute ( CGI) to set out an overview of the legal context, plus the strategic and practical considerations prompted by the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), before it took effect. It is not being maintained and is supplied for background reference only. The EU GDPR became directly applicable and fully enforceable in all EU Member States from 25 May 2018. It brought significant changes to EU data protection law regulating the processing of personal data and,......
ARCHIVED: This archived Practice Note summarised major updates and guidance concerning Brexit and the TMT industry. It is no longer updated and is supplied for context alone. It is arranged under the following headings: New technologies Information technology Internet Data protection Media Advertising, marketing and sponsorship Telecommunications This note does not monitor broader Brexit events; for those, consult Practice Note: Brexit timeline. To follow the advancement of UK statutes introduced as part of preparations for the UK’s departure from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 (exit day), the UK stopped being an EU Member State and forfeited its right to take part in the EU’s political bodies and governance frameworks. Under the transitional measures in Part 4 of the Withdrawal Agreement, exit day began an 11-month implementation phase during which, for many purposes, the EU treated the UK as though it remained a Member State. The...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements launched on or after that date must follow PA 2023, while those started under earlier regimes (including the 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 managed under those rules. The Cabinet Office has also refreshed its standard contract suites, 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 updated shortly to reflect these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for...
In brief A public authority does not have to disclose information in response to a request made under the Freedom of Information Act 2000 ( FIA 2000) if: the estimated cost would exceed the appropriate limit the request is vexatious the request is repeated an exemption applies FIA 2000 provides 24 exemptions that allow an authority to withhold the information sought. These exemptions fall into two main types: absolute exemptions qualified exemptions, which are subject to a public interest test When handling a freedom of information request, even where an exemption is engaged, an authority must still meet its duty to offer advice and assistance so far as it is reasonable. Therefore, even if material is considered exempt, the authority should do more than issue a refusal notice and should also consider what assistance to provide to the...
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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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