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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 being maintained. How has Brexit affected the supply of services? Brexit influences service provision wherever delivery crosses between the UK and the EU, as fresh trading rules between the UK and EU have applied since 1 January 2021. Careful attention should be paid to service contracts, particularly where they touch on intellectual property, data protection and competition law considerations, the position on access to EEA staff, and adjustments to the VAT framework. Sector-specific factors will also arise. In practice, impacts turn on cross-border elements, reflecting the new UK- EU trading arrangements that took effect on 1 January 2021. Review is therefore advisable for affected services. Contracts for the supply of services The rules governing the supply of services in business-to-business dealings stem from UK law; accordingly, a contract for purely domestic services (ie services exchanged by two...
Commercial Q& As— Brexit collection Commercial Brexit Q& As How far do contract references to UK and EU law change under the European Union ( Withdrawal) Act 2018? Post‑ Brexit, must UK courts and tribunals follow Court of Justice of the European Union decisions? From 1 January 2021, which factors set the correct customs duty rate on imported goods? What do the UKCA and UKNI marks mean, and when are they required? What is an authorised economic operator (trusted trader), and when should a business seek this status? From 1 January 2021, what are commodity and procedure codes, and where can I find them? If no amending SI alters the Commercial Agents ( Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053, after IP completion day, what is the effect of Regulation 1(3)(b) allowing agents in member...
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 partially commencing on that date. Certain parts of DUAA 2025, addressing matters such as replies to data subject access requests and the conferral of powers to make additional regulations, took effect immediately on 19 June 2025. Other elements, dealing with notices from the Information Commissioner and particular aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require further regulations (as statutory instruments) to be made before they take effect. Parts 5 and 6 of DUAA 2025 amend elements of data protection and e Privacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data...
In brief UK data protection legislation is designed to make sure information about living people (falling within the meaning of ‘personal data’) is treated fairly and responsibly. To achieve this, UK data protection law places extensive duties on anyone ‘processing’ personal data, as well as on those controlling such activities in practice. ‘ Processing’ is interpreted widely, covering almost any operation on data, such as collecting, storing, deleting, disclosing, or otherwise using it. A central safeguard within UK data protection law is, in particular, the framework of obligations imposed on ‘controllers’—generally the parties determining the purposes and means of processing—and on ‘processors’, being those who handle personal data for a controller in line with the controller’s instructions. Among other requirements, UK data protection law typically obliges controllers and processors to enter into contracts containing specified minimum terms and to ensure that any...
The public sector ranks among the UK’s biggest and most consequential repositories of information. Championing the use and re-use of public sector material brings substantial economic gains while also energising democratic participation and openness. Re-using public sector information sits squarely within the government’s transparency programme and its backing for open data. The evolution of open licensing, such as ( OGL), makes re-use simpler and more attractive. This Practice Note explores the growth of open licensing, with particular focus on the UK Government Licensing Framework ( UKGLF) and the OGL. Policy context In the UK, growing attention is being paid to the essential contribution that public sector information makes to society, across both public and private spheres, from economic and social viewpoints across the country and sectors today......
This Practice Note outlines the Network and Information Systems Regulations 2018 ( NIS Regulations), SI 2018/506, which gave effect in the UK to the Network and Information Systems Directive (the NIS Directive), Directive ( EU) 2016/1148. The NIS Regulations, as modified by a range of Brexit instruments, remain in force domestically. It explains the context and objectives of the regime, together with the duties placed on operators of essential services ( OESs) and relevant digital service providers ( RDSPs) under the NIS Regulations and the linked Assimilated Regulation ( EU) 2018/151 ( Assimilated DSP Regulation), insofar as it concerns RDSPs. Background to the NIS Directive The NIS Directive—also referred to as the Cybersecurity Directive or the Network and Information Security Directive—was passed by the European Parliament on 6 July 2016. EU Member States (including, at that time, the UK) were required to transpose the...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines the rules for deciding which court has jurisdiction for the span between the UK’s departure from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It considers whether the implementation period can be extended, whether the jurisdictional framework under the Brussels regime, including that set out in Regulation ( EU) 1215/2012, Brussels I (recast), applies during the implementation period, as well as the position after the implementation period. For a quick reference Brexit research aid that answers key questions on Brexit and includes helpful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
Introduction Valuation is needed at multiple stages in an IP asset’s life for diverse aims, including business or IP disposals, joint ventures, litigation outcomes, insolvency, financial reporting and tax matters (such as transfers between connected parties and transfer pricing). In every instance, a market value or arm’s length figure—or an arm’s length royalty for a licence—must be derived for a hypothetical transaction, ignoring owner‑specific synergies. There is no universal method; the chosen approach should reflect the putative deal and the level of robustness required, which depends on the asset’s significance, the nature of the transaction and the reason for valuing (eg loan security or a critical patent transfer). Comparison approach: references prices, bids or offers for comparable IP, often via specialist databases; typically a corroborative check due to scarce, non‑identical data and undisclosed...
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 elements taking effect that day. Measures addressing, among other things, responses to data subject access requests and the grant of powers to make further regulations commenced immediately on 19 June 2025. Other elements, including notices issued by 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 requires additional regulations, in the form of statutory instruments, before those provisions can start. Part 5 of DUAA 2025 revises aspects of the UK’s data protection and e Privacy framework, covering the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the...
This starter guide offers a primer on IP law. It is designed for trainee solicitors and anyone new to IP as a practice area. Inside you’ll find links to key IP materials on Lexis+® UK, alongside other Lexis+® UK resources that expand on the subjects discussed. Guidance is included on subscribing to the daily and weekly IP news alerts from Lexis+® UK. Newcomers will also find the Overviews within each IP subtopic helpful. These summaries outline the law for a specific right or issue and signpost relevant content within that subtopic to aid navigation. For example: Copyright & associated rights—overview and Copyright disputes—overview. If this guide does not address a point, you can explore additional Lexis+® UK material within the IP practice area. What do IP lawyers do? IP deals with intangible rights—copyright, database right, designs, trade marks and patents—and the legal frameworks that protect them. The field...
ARCHIVED: This Practice Note has been archived and is not maintained. IP law is among the most deeply harmonised branches of law within the EU, with much of the framework stemming from the EU through directives or regulations. For instance, EU rules allow applicants to obtain EU trade mark ( EUTM) and design registrations that deliver unitary protection across every EU Member State, as well as safeguarding unregistered designs on an equally extensive basis. Significant efforts have aimed to create uniform systems for the protection and enforcement of such rights throughout the EU, and many businesses have capitalised on the harmonised system to secure broad and cost-effective protection for their trade mark, design and other rights. Accordingly, the UK’s choice to depart the EU carries, potentially, a substantial impact for right holders. At 11 pm on 31 December 2020, the...
FORTHCOMING CHANGE: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, was retitled the Data ( Use and Access) Act 2025 ( DUAA 2025), and took partial effect the same day. Parts 5 and 6 revise elements of UK data protection and e Privacy law, touching the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Some DUAA 2025 provisions—covering, for example, responses to data subject access requests and the grant of powers to make additional regulations—commenced immediately on 19 June 2025. Others—relating to Information Commissioner notices and certain facets of law enforcement processing—start on 19 August 2025 (two months after Royal Assent). Most remaining measures will need further regulations, via statutory...
ARCHIVED This Practice Note is archived and is no longer maintained. At 11 pm ( GMT) on 31 December 2020, the implementation period—put in place to allow the UK to move away from the EU’s laws and institutions—came to a close. At this point in time (described in this document as ‘ IP completion day’), there was an immediate and significant shift in the UK’s legal regime. This Note outlines the implications of that change for the following areas of Information Law and practice: Overview—what happened on 31 December 2020 Access to EEA workers Commercial arrangements Data protection (excluding matters relating to law enforcement processing and intelligence services processing) e Privacy Cybersecurity Databases Public sector information Confidential information Reputation management For a tracker of key Information Law Brexit legislation and guidance, see Practice Note:...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note charts significant developments and guidance focused on Brexit in the Information Law sphere. It is organised into the following sections: Data protection e Privacy Databases Cybersecurity Public sector information State security and intelligence This note does not cover general Brexit developments; for those, see Practice Note: Brexit timeline. To follow the progress of UK legislation introduced as part of preparations for the UK’s withdrawal from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 (exit day), the UK was no longer an EU Member State and lost the right to participate in the EU’s political institutions and governance structures. Under the transitional provisions in Part 4 of the Withdrawal Agreement, exit day began an 11-month implementation period during which, for many purposes, the EU continued to treat the UK as if it were a Member...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill attained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partly commencing that same day. Provisions addressing matters such as handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other elements, including notices from the Information Commissioner and certain aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can be brought into force. Parts 5 and 6 modify 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...
Information Law consultations tracker This Information Law consultations tracker sets out the latest position and updates on significant consultations run by the Information Commissioner’s Office ( ICO) with effect from 1 January 2025. The ICO periodically seeks views on matters including how effective and clear its draft guidance that it is due to publish is, where that guidance concerns the laws within its scope, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). Further legislation within the ICO’s remit includes the following: Data Protection Act 2018 ( DPA 2018) Privacy and Electronic Communications Regulations 2003 ( PECR 2003), SI 2003/2426 Freedom of Information Act 2000 ( FIA 2000) Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391 INSPIRE Regulations 2009, SI 2009/3157 UK e IDAS Regulation, Retained Regulation ( EU) 910/2014 Re-use of...
This Practice Note outlines the different tiers of security clearance needed for public sector employees and other personnel who handle and have access to government assets, such as civil servants, service personnel and contractors across government. In particular, it reviews the government baseline personnel security standard, the accreditation check, the counter-terrorist check, the security check and developed vetting. It also explains when each level is required, who is authorised to undertake the checks, and the appeals route and procedures available. Personnel security controls Personnel security controls help deter and counter threats to national security. All those granted access to government assets, including civil servants, members of the armed forces and private sector staff engaged on government contracts, must be subject to pre-employment personnel screening. There are several levels of personnel security checks. The principal categories are: Government Baseline Personnel Security Standard (...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill was granted Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect on that day. Provisions dealing with matters such as handling data subject access requests, and the conferring of powers to create further regulations, commenced immediately on 19 June 2025. Other provisions, covering notices from the Information Commissioner and some aspects of law enforcement processing, took effect on 19 August 2025 (two months from Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 of DUAA 2025 amend 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...
This Practice Note examines issues, considerations, and recommended approaches for sharing personal data among controllers—covering both joint controllers and independent controllers—in general, commonly encountered business-to-business commercial situations, in line with the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It presumes a level of reader familiarity with the principal data protection concepts and terms, as well as the role and remit of the Information Commissioner’s Office ( ICO). For a high-level introduction to this topic and related issues, see: Data sharing and transactions—overview. For a higher-level introduction to UK data protection laws more generally, see Practice Note: Data protection law—new starter guide. The UK data protection law collection brings together further general guidance, including guidance on key terms used in the legislation and their meaning, and is a recommended starting point for data protection...
Data security sits at the heart of the UK General Data Protection Regulation ( UK GDPR). The sixth data protection principle — integrity and confidentiality — obliges you to implement suitable technical and organisational steps so that personal data is handled with appropriate safeguards and security when processed, including: protection against unauthorised or unlawful processing accidental loss, destruction or damage This Practice Note draws on ICO guidance regarding personal data breaches under the UK GDPR. It also incorporates further practical pointers and information drawn from ICO guidance on managing data security breaches issued under the previous data protection regime; that guidance has now been withdrawn. The Practice Note additionally aligns with materials from the European Data Protection Board ( EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be...
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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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