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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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The Copyright, Designs and Patents Act 1988 ( CDPA 1988) grants the copyright holder in the UK the sole authority to undertake a variety of acts in relation to any copyright work. Where those specified acts in the CDPA 1988 are carried out by someone other than the owner, without consent, this may amount to an infringement of the owner’s exclusive rights. Status of EU copyright law in the UK As of 31 January 2020, the UK ceased to be a Member State of the EU. In line with the Withdrawal Agreement, an 11‑month transition or implementation period followed, ending on 31 December 2020 ( IP completion day), during which EU law continued to apply across the UK. Thereafter, EU legislation made or brought into force after that date is not binding on the UK. For pre‑existing measures, the legal position...
Background The Intellectual Property Enterprise Court ( IPEC) sits within the general Intellectual Property List ( Chancery Division) and is designed to enable small and medium-sized enterprises ( SMEs) to obtain justice in IP disputes where they might otherwise be unable to bring or resist a claim. It also offers a venue for lower-value IP cases to be resolved with costs kept in proportion. The Intellectual Property List comprises two sub-lists: the Patents Court and the IPEC, and 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 how their launch affects IP matters, see News Analysis: Framework of Business and Property Courts sets ‘solid groundwork for success’. A central feature is the cap on...
This Practice Note addresses practical and procedural matters that may emerge in a privacy claim. It spans multiple sequential phases of litigation, including: identifying the defendant, drafting a letter of claim, anonymising the parties, and preserving confidentiality during court hearings. Alternatives to litigation are reviewed and discussed as well. See also Practice Note: Starting a claim for misuse of private information—a practical guide. Brexit This Practice Note contains multiple references to the European Convention on Human Rights ( ECHR), which is given effect in UK law by the Human Rights Act 1998 ( HRA 1998). Brexit has produced no automatic change to either HRA 1998 or to the incorporation of the ECHR achieved through HRA 1998. The ECHR is an international treaty safeguarding human rights in states that are part of the Council of Europe, a body wholly distinct from the EU. The UK remains a...
Read this Practice Note alongside Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes multiple references to the European Convention on Human Rights ( ECHR), which is given effect in UK law by the Human Rights Act 1998 ( HRA 1998). Brexit has not, by itself, altered HRA 1998 or the ECHR’s incorporation through that Act. The ECHR is an international treaty that protects human rights across the member states of the Council of Europe, a body wholly distinct from the EU. The UK remains within the Council of Europe. The EU- UK Trade and Cooperation Agreement confirms that the arrangement leaves the UK’s ECHR obligations unchanged and allows the agreement to be brought to an end if either party denounces the ECHR. For further information, see: Q& A: What does Brexit mean for the Human Rights Act 1998? LNB News...
The Investigatory Powers Act 2016 ( IPA 2016) The Investigatory Powers Act 2016 ( IPA 2016) sets the statutory framework for how public bodies may obtain and use communications data, replacing much—though not all—of the earlier regime previously found in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a primer on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Rules on acquiring and disclosing communications data are contained in IPA 2016, Parts 2 and 3. IPA 2016 repealed the RIPA 2000 provisions on interception and the acquisition of communications data. IPA 2016 is supported by the Code of Practice on the Interception of Communications Data and the Communications Data Code of Practice. These Codes are essential reading for relevant public authorities involved in acquiring communications data under IPA 2016, and for...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), and coming partly into force that day. Provisions dealing with issues such as handling data subject access requests and granting powers to make supplementary regulations took effect immediately on 19 June 2025. Further measures, relating to notices issued by the Information Commissioner and certain elements of law enforcement processing, started on 19 August 2025 (two months after Royal Assent). Most other elements of DUAA 2025 will only commence once additional regulations, in the form of statutory instruments, are made. Such secondary legislation is required to bring the majority of the Act’s remaining provisions into operation. Parts 5 and 6 of DUAA 2025 introduce amendments to aspects of the UK’s data protection and e Privacy...
This Practice Note sets out the purpose and importance of time of the essence clauses in commercial contracts. It outlines the general rule and its exceptions, and considers practical points for both supplier and customer when evaluating time of the essence provisions in supply of goods or services agreements. For a Precedent time of the essence clause with detailed drafting notes, see Precedent: clause. See also: Drafting and negotiating a time of the essence clause—checklist. For discussion of time of the essence clauses in the context of: construction contracts, see Practice Note: —construction contracts rent reviews, see Practice Note: A guide to rent review for property lawyers— When is time of the essence? Consequence of a time of the essence clause Where a contract stipulates that ‘time is of the essence’ for the performance of an obligation, there is a...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘ Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q& A on using electronic signatures and completing virtual executions, including ‘ Our position on the use of virtual execution and e‑signature during the coronavirus ( COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that stage. For more...
This tracker covers the development of the UK Extension to the EU- US Data Privacy Framework (also known as the UK- US Data Bridge) Created in the wake of the Safe Harbour and Privacy Shield schemes being struck down, this tracker follows progress on the UK- US Data Bridge. The arrangement enables lawful international transfers of personal data to the US via an adequacy regulation—the Data Protection ( Adequacy) ( United States of America) Regulations 2023, SI 2023/1028—where the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) would otherwise bar such movements. The UK- US Data Bridge rests on a distinct adequacy decision made under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), adopted by the European Commission in July 2023 to implement the EU- US Data Privacy Framework. For added detail on that EU GDPR...
ARCHIVED: This Practice Note has been archived and is not maintained. It brings together major milestones on cross-border services between the UK and the EU, as well as a chronology of the UK/ EU talks over their future trade relationship from exit day (31 January 2020) through to IP completion day (31 December 2020). For guidance on how IP completion day affects services trade, see the Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for the supply of services? STOP PRESS: On 24 December 2020, the European Commission and the UK government declared an agreement in principle on the legal framework for the future UK– EU relationship. Announced just a week before IP completion day, the EU– UK Trade and Cooperation Agreement ( TCA), together with related agreements, arrived at the last minute, leaving minimal time to...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
ARCHIVED: This Practice Note is archived and no longer updated. It brings together the principal developments concerning the import and export of goods between the UK and the EU, alongside a chronology of the UK/ EU negotiations on their future trade relationship, covering the period from exit day (31 January 2020) through to IP completion day (31 December 2020). For information on the effect of IP completion day on the trade in goods, see Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for supply of goods? STOP PRESS: On 24 December 2020, the European Commission and UK government confirmed an agreement in principle on the legal basis for the future UK- EU relationship. Announced just a week before IP completion day, the EU- UK Trade and Cooperation Agreement ( TCA), together with associated...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing that same day. Some sections—covering, among other things, how to handle data subject access requests and granting powers to make further regulations—took effect immediately on 19 June 2025. Other measures, relating to notices issued by the Information Commissioner and certain elements of law enforcement processing, began on 19 August 2025, exactly two months after Royal Assent. The bulk of DUAA 2025 will only commence once further regulations, in the form of statutory instruments, are made. Parts 5 and 6 update aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
ARCHIVED: This archived Practice Note sets out details of the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2019, SI 2019/419, together with the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2020, SI 2020/1586, plus salient elements of the EU- UK Withdrawal Agreement and the EU- UK Trade and Cooperation Agreement insofar as they concern data protection. It is no longer updated and is provided for background only. For guidance on continuing divergence between data protection requirements under the GDPR frameworks, refer to Practice Note: Introduction to the EU GDPR and UK GDPR. This Practice Note examines how Brexit affects routine processing of personal data under the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), which took direct effect in the UK and all other EU Member States on 25 May 2018, and,...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, bring into effect the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Provisions concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those covering penalty notices and complaints take effect from 19 June 2026. For further information, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. This material currently considers Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), and, unless expressly stated otherwise, legislative links are to Assimilated Regulation ( EU) 2016/679 and the UK GDPR. For a more...
This Practice Note sets out how trade secrets and confidential information are protected in a commercial context, particularly where technical material is concerned. It outlines the Trade Secrets ( Enforcement, etc) Regulations 2018 ( Trade Secrets Regulations), SI 2018/597, and their interaction with the common law action for breach of confidence. This Practice Note also addresses: how breach of confidence intersects with infringement of intellectual property rights and other causes of action the meanings of ‘confidential information’, ‘trade secrets’ and ‘know‑how’, and how these concepts are handled in commercial practice case law on secondary liability, common design and knowledge of breach, together with the position on subconscious use, derivative use and reverse engineering remedies available for breach of confidence, including injunctions, springboard injunctions, damages, account of profits, delivery up and...
ARCHIVED: This archived Practice Note reviews the effect on the TMT sector following the end of the implementation period under the Withdrawal Agreement and the EU ( Withdrawal Agreement) Act 2020. At 11 pm ( GMT) on 31 December 2020—‘ IP completion day’—the implementation period ended, which had enabled the UK to move away from the EU’s laws and institutions, and the UK’s legal regime altered immediately and substantially. It explains the implications across the following areas of TMT law and practice: Overview—what happened on 31 December 2020 TMT implications of the EU- UK Trade and Cooperation Agreement Access to EEA workers Technology contracts Drones Internet of things Software licensing Cloud computing E-commerce Domain names e Privacy Data protection Media Telecoms Advertising Databases ...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect that same day. Provisions addressing matters such as dealing with data subject access requests and granting powers to make further regulations commenced immediately on 19 June 2025. Other measures, covering notices from the Information Commissioner and certain facets of law enforcement processing, began on 19 August 2025 (two months after Royal Assent). The bulk of DUAA 2025’s measures still require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 update elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...
Most material generated by central government bodies and government ministers in the UK carries Crown copyright. The bulk of this information can be re-used at no charge under the Open Government Licence ( OGL). Re-using existing public sector information enhances its economic and social value, and underpins the government’s commitments to transparency and re-use. The Re-use of Public Sector Information Regulations 2015 ( RPSI 2015), SI 2015/1415, govern such re-use, replacing the Re-use of Public Sector Regulations 2005 in July 2015. The RPSI 2015 Regulations remain in force as retained EU-derived domestic legislation under EU( W) A 2018, s 2. Tailored guidance for the public and cultural sectors, and for re-users, is available on The National Archives website. What is Crown copyright information? Crown copyright is defined in section 163 of the Copyright, Designs and Patents Act 1988 ( CDPA 1988) as works created by officers or...
PSTIA 2022 PSTIA 2022 is a two-part statute shaped over several years, drawing chiefly on the government’s 2018 Code of Practice for consumer internet of things security (the Code) and the Electronic Communications Code (see below). It was introduced with two declared policy goals: to enhance digital connectivity and stimulate UK economic growth by removing barriers to deploying essential infrastructure to strengthen the security of consumer connectable or Internet of Things ( Io T) products This Practice Note focuses primarily on PSTIA 2022, Pt 1 ( PSTIA 2022, ss 1–56), which addresses product safety alongside Io T security. PSTIA 2022, Pt 2 relates to telecommunications infrastructure and is touched on only briefly here to set the legislation in context. The Act applies to ‘relevant connectable products’ (see below), also described as Io T products or devices. While Io T has no formal legal...
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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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