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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 not maintained. How does Brexit affect franchising? With no EU-derived laws targeted specifically at franchising, the consequences of Brexit for franchisors and franchisees are chiefly practical: revisit how franchise agreements are drafted and negotiated, review intellectual property rights protection, and assess any competition law ramifications for the arrangement. See News Analysis: What will Brexit mean for franchisors and franchisees, and how to prepare? Franchise agreements Examine franchise agreements and related arrangements to confirm they remain appropriate post‑ IP completion day, both for the commercial terms they capture and the contractual wording used. Decide whether particular contracts or general standard terms should be amended or adapted. Areas to scrutinise include territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution. See Practice...
Legislative framework for data security UK GDPR The Assimilated Regulation ( EU) 2016/679—known as the UK General Data Protection Regulation ( UK GDPR)—is the principal source of data protection law in the UK. It is complemented by the Data Protection Act 2018 ( DPA 2018). For more on the UK GDPR and the DPA 2018, see Practice Notes: UK GDPR—the basics and The Data Protection Act 2018. FCA data protection requirements The FCA’s data protection requirements are outlined on its Data protection webpage. Customer data means any identifiable personal information a firm holds or retains about a customer. This may exist in any format or medium and includes: details gathered by the firm to meet anti-money laundering obligations data collected by the firm as part of the customer on-boarding process information secured by the firm to satisfy its suitability and appropriateness requirements, and any other identifiable personal...
Status of EU directives following Brexit Retained EU law (‘ REUL’) refers to the bundle of EU‑sourced rights and rules that the UK kept after Brexit. It is a term defined in the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) and denotes the corpus of EU‑derived legislation that was preserved and converted into UK domestic law when the European Communities Act 1972 was repealed. From 1 January 2024, under the Retained EU Law ( Revocation and Reform) Act 2023, REUL that continues to apply is labelled ‘assimilated law’. This re‑labelling, including associated terminology, signals a shift in its standing and handling within the UK system: it should be read through ordinary domestic legal principles. Accordingly, from 1 January 2024, REUL is treated as ‘assimilated’ because, in the main, EU‑specific interpretive effects no longer apply (eg the supremacy of EU law,...
ARCHIVED: This Practice Note is archived, not maintained, and will not receive updates. The transition period created to help the UK move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. That point—described in this Practice Note as ‘ IP completion day’—triggered an immediate and significant alteration to the UK’s legal landscape. This Practice Note sets out the effects of that change for e-commerce. How does Brexit impact E-commerce? Although EU legislation on e-commerce is largely kept in the UK as retained EU law, Brexit still has major implications for UK businesses operating in the EU. If EU law diverges from the approach taken in the UK, or vice versa, or there is further deregulation in future, the compliance load on UK organisations engaged in cross-border e-commerce will increase. E-commerce encompasses a wide array of laws,...
ARCHIVED: This archived Practice Note outlines the Data Protection Act 2018 ( DPA 2018) as it applied before 11 pm on 31 December 2020. From that date, it is provided for background only and is not maintained. For guidance on the DPA 2018 from that date, see Practice Note: The Data Protection Act 2018 and the UK GDPR. Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which EU law continued to apply until 11 pm on 31 December 2020. During this period, the GDPR applied in the UK and the UK was generally treated as an EU (and EEA) state for EEA and UK data protection law purposes. Any references to EEA or EU states in this Practice Note should therefore be read as also including the UK until the end of the...
Brexit: On 31 January 2020, the UK ended EU membership and entered an implementation period, during which EU law continued to apply. Throughout that interim window, the GDPR applies within the UK and the UK is, in general terms, regarded and handled as an EU (and EEA) state for the purposes of EEA and UK data protection law. Consequently, any mention of EEA or EU states in this Practice Note should be read as also covering the UK until the implementation period concludes. For additional guidance on that period, its expected duration, and the data protection rules anticipated to apply once it ends, see Practice Note: Brexit—implications for data protection [ Archived]. ARCHIVED: This Practice Note is archived material and reflects the position before the General Data Protection Regulation became applicable. This Practice Note is provided for background information only and is not...
This new starter guide sets out the fundamentals of database right law. It highlights the core principles and directs you to numerous Lexis+ UK sources and materials for fuller guidance. It is designed for trainee solicitors, paralegals, and those beginning to work with database right law. Information on other IP rights, including other new starter guides, is available in Practice Note: Intellectual property ( IP)—new starter guide. Those new to IP will also find the topic Overviews Database transactions and management—overview and Database disputes—overview useful. Where issues fall beyond this basic guide, go to the IP homepage and select Databases under ‘ Topics and Tasks’ to explore the Databases topic’s subtopics: Database transactions and management Database disputes This guide also includes links to help you get the most from the IP practice area’s materials, including how to contact the Lexis Ask...
UK databases—scope, Brexit and assimilated law Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 ( IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained EU law—under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union ( Withdrawal Agreement) Act 2020 amended the EU( W) A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to...
This Practice Note sets out a concise summary of the principal core elements and obligations within the UK data protection regulatory framework and flags matters of particular significance and interest for pension lawyers. For guidance on recurring questions about applying data protection duties in a pensions setting, see Practice Note: Data protection— FAQs for pensions. The UK’s data protection regime Up to 24 May 2018, the United Kingdom’s data protection landscape was regulated by the Data Protection Act 1998 ( DPA 1998). From 25 May 2018 until Implementation Period (or IP) completion day (11pm on 31 December 2020), the point at which the UK exited the European Union, the UK operated under the regime established by the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). The EU GDPR brought a suite of reforms to the earlier regime, including fresh and...
ARCHIVED: This archived Practice Note outlines and summarises the data protection regime in place before 25 May 2018 and describes the position under the Data Protection Act 1998 ( DPA 1998). It is supplied for background purposes only and therefore is not kept up to date. The Note deals specifically with the DPA 1998’s applicability and territorial reach. When assessing whether the DPA 1998 applies, consider the following key points: the nature of the data being processed—the DPA 1998 strictly applies only to processing of personal data; other information (eg statistical material or data that does not relate to an identifiable person) is outside scope where the data controller is established—the DPA 1998 applies only to data controllers established in the UK who process personal data in the context of that establishment......
This Practice Note’s table sets out and concisely outlines the key exemptions available under the Data Protection Act 1998 ( DPA 1998). It should be read alongside Practice Note: Exemptions under the DPA 1998. The primary exemptions are set out in Part IV and in Schedule 7 of the DPA 1998. Where data or processing falls within a Part IV ( Exemptions) provision, it is not regarded as personal data, or as processing of personal data, for the purposes of the data protection principles ( DPA 1998, Sch 1) and for Parts II ( Rights of data subjects) and III ( Notification). The Information Commissioner’s Office ( ICO) provides overarching guidance on applying the principal DPA 1998 exemptions, explaining how they operate and the circumstances in which they apply in practice. The ICO also offers targeted guidance on specific exemptions or...
FORTHCOMING CHANGE: On 12 November 2025, the Cyber Security and Resilience ( Network and Information Systems) Bill ( CSRB) was laid before the House of Commons. The CSRB provides for amendments to the Network and Information Systems Regulations 2018 ( SI 2018/506), notably widening their scope to cover data centres, managed service providers and large load controllers, and allowing regulators to identify ‘critical suppliers’. It overhauls incident reporting by creating a two‑stage process—an initial alert within 24 hours followed by a comprehensive report within 72 hours—and enlarges the definition of reportable incidents to capture a wider set of security compromises. The Secretary of State is also granted powers to make regulations concerning the security and resilience of network and information systems, to set a statement of strategic priorities for regulatory authorities, and to publish a code of practice. In addition, the CSRB confers powers to issue...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit has influenced UK cybersecurity, with particular emphasis on the network and information systems legislation. It addresses: a snapshot of UK cybersecurity regulation before the end of the implementation period the origins of Directive ( EU) 2016/1148, the Network and Information Systems Directive ( NIS Directive), and how it was implemented in the UK the broad consequences of Brexit for the UK’s application of the NIS Directive what the end of the transition period means for relevant digital service providers ( RDSPs) a summary of effects on qualified trust services under Regulation ( EU) 910/2014 (the e IDAS Regulation) the impact of the transition’s end on UK– EU cooperation on cybersecurity The prominence of cybersecurity has been underlined by recent high-profile incidents affecting companies and public services. These have involved a wide array of attack...
The UK ranks among the most internet-driven economies globally, with its online market worth billions of pounds annually. That scale also heightens exposure to risk. Cybercrime poses a tangible danger to people, companies, and both national and international security. Various organisations and programmes work to reduce that risk. This Practice Note sets out a table highlighting the most prominent of them. National Each year, hundreds of millions of pounds in public funding is directed at bolstering the UK’s cyber capability and countering cyber threats. The table below indicates how portions of that funding are applied: Who/what? Connect Inform Share Protect ( CISP) How? CISP, part of the National Cyber Security Centre ( NCSC), is a platform for UK cyber security professionals......
ARCHIVED: This Practice Note is archived and no longer updated. At 11 pm ( GMT) on 31 December 2020, the implementation period ended, which had been designed to help the UK move away from the EU’s rules and bodies. From that moment (described here as ‘ IP completion day’), the UK’s legal framework shifted immediately and materially. This Practice Note outlines what that shift means for consumer protection. How does Brexit impact consumer protection? UK consumer protection rules originate partly in EU legislation and partly in domestic law. In several respects, Brexit produced a more muted short-term effect for consumer protection because EU Member States were already unevenly regulated, and businesses selling to EU consumers were used to addressing particular cross-border obligations. That said, if EU consumer protection rules depart from the approach taken in the UK, or if the UK pursues further...
ARCHIVED: This Practice Note is archived and is not being maintained. Introduction This Practice Note tracks key Brexit- and commercial law-specific developments and guidance. Where possible, related updates are grouped for readers’ convenience. Jump to: Advertising, marketing and sponsorship Agency and distribution Consumer protection Data protection E-commerce Sale and supply of goods Supply of services International trade—importing and exporting goods and services International trade—customs & excise Brexit—general This Practice Note does not cover general Brexit developments; see Practice Note: Brexit timeline. For progress on UK legislation prepared for the UK’s withdrawal from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 ( Exit Day), the UK left EU membership and entered an implementation period, during which EU law still applied. Transitional provisions implementing the Withdrawal Agreement—the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A...
This Practice Note outlines the law governing the use of boilerplate provisions in business-to-consumer ( B2C) contracts. In addition to summarising the Consumer Rights Act 2015 ( CRA 2015), which polices unfair terms in B2C agreements, it also considers the Competition and Markets Authority guidance ‘ Unfair contract terms: CMA37’ ( CMA Guidance). For analysis of particular boilerplate terms used in B2C arrangements—adjudication, alternative dispute resolution ( ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver—see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For wider material on standard terms and conditions in B2C contracts, see the following Practice Notes: Consumer standard terms and conditions—the business context Consumer standard terms and conditions—the advertising and marketing context Consumer standard terms and...
ARCHIVED : This Practice Note has been archived and is not maintained This Practice Note reviews the rules for identifying the applicable law, also described as governing law, as they operate between the UK’s exit from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It addresses whether the implementation period can be extended, whether the applicable law frameworks in Regulation ( EC) 593/2008, Rome I, and Regulation ( EC) 864/2007, Rome II, continue to apply during that period, and what is expected at its end. For a quick reference Brexit research aid answering key questions on Brexit and offering useful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
Design rights before and after Brexit The aim of this Practice Note is to provide a concise overview of the different UK design rights available both before and after Brexit. In brief, the UK’s departure from the EU means that, from IP completion day (11.00 pm on 31 December 2020), the UK stopped being subject to the EU design framework, which at that time covered registered Community designs ( RCDs) and unregistered Community designs ( UCDs). The UK is excluded from the territorial scope of those unitary rights (and from international design registrations designating the EU) and is no longer bound by Regulation ( EC) 6/2002. Consequently, the UK implemented arrangements under which the proprietor of an RCD or a UCD on IP completion day automatically became the owner of an equivalent UK design right. Designs safeguarded as RCDs were cloned into a new UK right...
ARCHIVED: This Practice Note is archived and no longer maintained. How does Brexit impact supply of goods? Brexit influences the supply of goods wherever movements cross between the UK and the EU, as fresh trading frameworks between the UK and EU have applied since 1 January 2021. Parties should review goods supply contracts, in particular where they touch on intellectual property, data protection and competition law issues. Sector-specific factors and chosen routes to market will also require attention. For manufacturers, updates to product safety and conformity arrangements will be critical. A gradual divergence in product liability is likewise expected over time. Contracts for the supply of goods The rules governing business-to-business supply contracts stem from UK law; therefore, agreements for purely domestic supplies (that is, goods traded between two UK-based entities) are, in the main, unaffected by Brexit. From IP completion day, the UK is treated as a third...
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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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