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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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This Practice Note is a ‘how to’ guide on executing simple contracts which signposts relevant content. It offers an overview of what is needed for effective execution, from initial checks, to signposting the formalities for different types of entity, alongside further legal factors and hands-on tips for signing a contract. While many agreements need not be written, some do; and, as a rule, putting terms into a signed document is advisable to promote certainty, deal with points raised in bargaining, and set out the bargain reached. For broader, introductory help on executing simple contracts, with pointers to related materials, see also Practice Note: Executing documents—deeds and simple contracts. We have assembled a collection that serves as a thorough, interactive tool to support users in spotting and navigating the concepts and recurring issues that arise on document execution. Each stage or step contains...
Historical and policy context arose in response to widespread piracy of government publications in the 19th century—particularly ordnance maps—which highlighted the necessity for copyright safeguards. Statutory began with the Copyright Act 1911, which confirmed in government works. It was recognised that the ordinary taxpayer should be shielded from the narrow commercial interests of a few who might secure private gain through unrestricted reproduction of ‘official matter’. The legend ‘ reserved’ was first applied in 1912. Under the transparency agenda of the 2010–15 Conservative and Liberal Democrat coalition government, there was a clear drive to open up government, in order to: strengthen public accountability support public service improvement by generating more comparative data and increasing user choice stimulate economic growth by helping third parties develop products and services based on public information Given the government’s promotion of open data and...
This Practice Note offers hands-on guidance on correctly signing simple contracts and deeds for limited partnerships established under the Limited Partnerships Act 1907 ( LPA 1907). We have created a collection that serves as a thorough, interactive tool enabling users to pinpoint and navigate the concepts and recurring issues arising on document execution. Each stage or step contains practical guidance, model clauses and Q& As pertinent to that part. For further details, see: Execution collection. Background Limited partnerships are a distinct form of partnership regulated by LPA 1907, which expressly retains the provisions of the Partnership Act 1890 ( PA 1890) and the equitable and common law rules applicable to partnerships, save where they conflict with the express terms of LPA 1907. Limited partnerships are extensively used in private equity and venture funds as investment fund vehicles. For broader background on limited...
ARCHIVED: This archived Practice Note sets out details of the data protection framework prior to 25 May 2018 and mirrors the legal position under the Data Protection Act 1998. It is provided for background only and is no longer updated. STOP PRESS: The General Data Protection Regulation, Regulation ( EU) 2016/679 (the GDPR) (in force from 25 May 2018) brings major revisions to EU and UK data protection rules and supersedes the Data Protection Act 1998 ( DPA 1998) and Directive 95/46/ EC (the Data Protection Directive) from that date. This Practice Note will be revised to capture the alterations to data protection law arising from the GDPR regime in due course. In the interim, for additional detail, see Practice Note: Introduction to the EU GDPR and UK GDPR and the principal section of this Practice Note: Privacy notices under the GDPR below. For an...
How to Guide This Practice Note is a practical ‘how to’ on putting in place a power of attorney for a commercial deal and points readers to related material and supplementary guidance throughout. It flags relevant topics, such as what a power of attorney is, initial considerations, and drafting the instrument (covering the parties, scope of authority, substitution and delegation, duration, revocation, ratification and indemnity), as well as authorisations, cross‑border transactions and day‑to‑day practicalities, among other matters, as appropriate. A power of attorney is a device for conferring authority to act when the authorised individual is unavailable to act or sign a document. It exemplifies an agent’s express actual authority to act for a principal (see Practice Note: Forming enforceable contracts—agent's authority to contract). This ‘ How to Guide’ offers a high‑level primer on preparing powers of attorney for commercial matters and may suit...
Trade mark rights before and after Brexit The aim of this Practice Note is to set out, at a glance, a summary of the various trade mark rights available in the UK before and after Brexit. From IP completion day (11.00 pm on 31 December 2020), the UK stopped participating in the EU trade mark ( EUTM) regime. Accordingly, the UK is no longer within the territory covered by an EUTM and is no longer subject to Regulation ( EU) 2017/1001, which was revoked on IP completion day by the Trade Marks ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/269. In consequence, the UK introduced a system under which holders of EUTMs on IP completion day automatically became proprietors of comparable UK trade marks. The same position applies to international trade mark registrations designating the EU. For further information about EUTMs, see: Trade marks ( EU...
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 taking partial effect that same day. Certain DUAA 2025 provisions, addressing matters such as handling data subject access requests and granting powers to make additional regulations, commenced immediately on 19 June 2025. Other measures, covering notices from the Information Commissioner and particular aspects of law enforcement processing, took effect on 19 August 2025 (two months after Royal Assent). The majority of DUAA 2025 provisions require further regulations, in the form of statutory instruments, to be made before they can commence, with commencement following once those instruments are made and brought into operation. Parts 5 and 6 of DUAA 2025 revise elements of UK data protection and e Privacy law, including the United Kingdom General Data...
This Practice Note This ‘how to’ resource on executing deeds directs you to the pertinent materials and guidance. It outlines what constitutes a deed, the criteria for validly executing one, signposts the execution rules for various bodies, notes further legal factors, and highlights practical tips for carrying out execution in practice. A deed is a particular type of written instrument required for specified dealings. To be valid and enforceable, deeds must be executed in line with statutory and common law formalities that demand more than a mere autograph. For wider, general guidance on executing deeds, with links to connected materials and in-depth commentary on deeds, see also Practice Note: Executing documents—deeds and simple contracts. We have created a collection that serves as an extensive, interactive tool to help users recognise and navigate the concepts and recurring issues when executing documents. Each stage or phase provides...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out how to assess and adjust key contractual provisions so they are fit for use after 11 pm on 31 December 2020, the moment (known as IP completion day) when the implementation period for the UK’s departure from the EU concluded. It is primarily designed to support organisations updating their standard form contracts for post‑ IP completion day use, rather than revising live agreements, though it may assist with those too. While the underlying legal landscape has shifted considerably, most contracts are largely unaffected and English contract law itself remains unchanged. The Trade and Cooperation Agreement ( TCA) between the EU and the UK concerning their future relationship does not materially alter the consequences of the end of transition. For more detail, see: LNB News 24/12/2020 76 and LNB News...
ARCHIVED : This Practice Note has been archived and is not maintained From 31 January 2020 (exit day), the UK ceased to be an EU Member State and its relationship with the EU is governed by the Withdrawal Agreement, which took effect on 1 February 2020. Under the Withdrawal Agreement, on exit day the UK entered an implementation period, during which it continues to be regarded as a Member State for many purposes, including trade. As a third country, the UK can no longer take part in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the limited extent agreed), but the UK must continue to comply with EU law and remain subject to the continuing jurisdiction of the Court of Justice of the European Union in line with the transitional arrangements in the Withdrawal...
ARCHIVED: This Practice Note is archived and no longer updated. It examines the impact of Brexit on consumer protection, reflecting developments up to 6 January 2021. For information on the effect of IP completion day on consumer protection, and for developments in this area, see Practice Note: What does IP completion day mean for consumer protection? The Note explores Brexit’s implications for consumer protection, with particular regard to regulating business-to-consumer ( B2C) contracts and trading conduct, as well as enforcement and consumer remedies. It also addresses enforcement mechanisms and the avenues of redress open to consumers. Consumer protection law in the UK stems in part from EU law and in part from domestic UK law. In many respects, the immediate effects of Brexit have been muted in consumer protection, given the EU’s regulatory fragmentation and the fact that EU Member States routinely navigate bespoke...
This Practice Note outlines retained EU law as it operated in 2021–23, setting out key definitions and concepts with pointers to the relevant provisions of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It further considers the overhaul of retained EU law and its re-labelling as assimilated law from 2024. Wider aspects of the EU( W) A 2018, together with the distinct arrangements and divergences for the UK’s devolved administrations, fall outside the scope of this Practice Note. Evaluation of particular instruments, provisions or rights, and whether they are retained, is likewise excluded. what’s the difference? Both “retained EU law” and “assimilated law” describe the residual body of domestic law that originally stemmed from the UK’s membership of the EU. The labels mark two phases in the domestic legal system’s adjustment to...
Background This Practice Note offers a concise overview of the principal areas of comparison between the UK and the EU on copyright and rights in databases arising since the UK’s departure on 31 December 2020 ( IP completion day). It also considers the effect of the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) on UK copyright and database law. For comparisons covering other IP rights between the EU and the UK, see the following Practice Notes: Patents and SPCs— UK/ EU comparison Trade marks— UK/ EU comparison Designs— UK/ EU comparison IP law is extensively harmonised across the EU. Before Brexit, many elements of UK IP law were aligned with the EU regime, and certain unitary EU rights (such as EU trade marks and EU designs) applied and could be enforced in the UK....
ARCHIVED This archived Practice Note outlines the data protection regime in force 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 maintained. What is meant by image? Two forms of image are discussed in this Practice Note, both relevant to data protection: The likeness of a person’s physical features and the factual circumstances of their proximity (for example, a photograph or picture)—the ontic definition. How a person is conceived in the public mind—the ontological definition. For a comprehensive introduction to the GDPR, collating key practical guidance, see: UK data protection law collection. Data protection The aim of data protection law is to ensure that anyone processing personal data for purposes other than purely domestic ones is subject to regulation. The rationale for such regulation is outside the scope of this Practice Note. Under the DPA 1998,...
In short, section 34 of the Freedom of Information Act 2000 ( FIA 2000) creates an exemption from the ordinary section 1 obligations—the duties to confirm or deny whether information is held, and to disclose it—where doing so is necessary to prevent a breach of Parliamentary privilege. This is an absolute exemption, so the public interest test does not apply. A certificate issued by the appropriate authority—the Speaker for the Commons, or the Clerk of the Parliaments for the Lords—confirming that the exemption is, or at any time was, required to avoid infringing the privileges of either House of Parliament is conclusive evidence of that position. How does Parliamentary privilege relate to freedom of information? In addition to the protection provided by Article 9 of the Bill of Rights, which bars the questioning of proceedings in Parliament, Parliamentary privilege also safeguards each House’s...
The legal regime for covert surveillance by public authorities now sits in the Investigatory Powers Act 2016 ( IPA 2016), supplanting provisions that had previously been contained in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000) and other enactments. Part 8 of IPA 2016 creates the office of the Investigatory Powers Commissioner ( IPC), with support provided by additional Judicial Commissioners. That Part of IPA 2016 is designed to deliver independent oversight of the use of the powers set out elsewhere in the Act, in part responding to concerns about the breadth of those powers. In May 2021, the Grand Chamber of the European Court of Human Rights held that independent (not necessarily judicial) scrutiny of the authorisation and use of bulk interception powers is a significant feature of the contemporary regulation of investigatory powers. The...
ARCHIVED: This retired Practice Note outlines the data protection position before 25 May 2018 and mirrors the approach under the Data Protection Act 1998 ( DPA 1998) within the UK. It is supplied solely for background purposes and is not maintained. Data protection regime The DPA 1998 was the principal UK legislation addressing data protection. For more information generally on the DPA 1998, see Practice Note: Applicability and scope of the DPA 1998. When outsourcing, both customer and supplier should take account of the DPA 1998 requirements (see: Data protection regime—overview) and, in particular, these principles as relevant to their arrangement: First principle: see Practice Note Data protection principles under the DPA 1998— Principle 1: personal data must be processed fairly and lawfully. Who is the data controller for the personal data? In most outsourcing scenarios, the customer acts as the controller (eg it decides how the...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill was granted Royal Assent, at which point it became the Data ( Use and Access) Act 2025 ( DUAA 2025) and took partial effect that same day. Provisions addressing, among other things, replies to data subject access requests and the delegation of powers to make supplementary regulations commenced immediately on 19 June 2025. Further measures, including those relating to Information Commissioner notices and certain elements of law enforcement processing, started on 19 August 2025 (two months after Royal Assent). The bulk of DUAA 2025’s measures will only commence once additional regulations, in the form of statutory instruments, are made. Part 5 of DUAA 2025 updates areas of UK data protection and e Privacy law, spanning the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note is archived and no longer maintained. It addresses the scenario in which the UK and the EU do not conclude an agreement on jurisdiction following the UK’s exit from the EU. Across the implementation period starting on exit day (ie the date the UK leaves the EU), the provisions of the withdrawal agreement will apply. For guidance on the implementation period and the effect of the withdrawal agreement on jurisdiction, see Practice Note: Brexit implementation period—jurisdiction [ Archived]. The Note assesses the impact of the UK departing the EU on exit day without a deal on jurisdictional issues in UK court proceedings that involve EU Member States. Exit day has the meaning assigned by section 20 of the European Union ( Withdrawal) Act 2018, as amended......
ARCHIVED : This Practice Note addresses the scenario where the UK and the EU fail to reach any accord on settlement procedures after the UK’s departure from the EU. Throughout the implementation period commencing on exit day—the date the UK leaves the EU—the provisions of the withdrawal agreement will apply. For guidance on the implementation period and the effect of the withdrawal agreement on taking of evidence, see Practice Note: Brexit implementation period—settlement [ Archived]. This Practice Note examines the implications of the UK leaving the EU without a deal for the mediation of disputes in civil and commercial matters. There are two principal UK instruments relating to a no deal Brexit and mediation. The first is The Cross– Border Mediation ( EU Directive) ( EU Exit) Regulations 2019, SI 2019/469, which sets out the revocation and saving of the Cross Border Mediation ( EU...
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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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