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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 archived Tracker helps determine whether a state is a signatory to the Lugano Convention 2007 and if it has taken effect in that state. The EU has refused the UK’s request to accede to the convention in its own capacity. It is not updated and is provided purely for background. For fuller guidance on the extent to which the Lugano Convention 2007 will, after IP completion day (ie 31 December 2020, at 11 pm) and notwithstanding the EU’s rejection of the UK’s accession, still be applied by the courts of England and Wales, as well as by the courts of the remaining contracting states in matters involving a UK element, see the following Practice Notes: Brexit post implementation period—considerations for dispute resolution practitioners [ Archived]— Jurisdiction Lugano Convention 2007—application to the UK post IP completion day...
Intellectual Property law The following key Intellectual Property resources are available in Lexis+ UK Legal Research and deliver practical commentary, legislation, rules and guidance for intellectual property lawyers in private practice or in-house. Please note that the titles listed are only accessible with the relevant Lexis+ UK Legal Research subscription(s). Morcom on Trade Marks – A comprehensive treatment of trade mark law, enabling practitioners to give clients authoritative, well-supported advice. It offers close examination of major UK and European legislation and thoughtful commentary on leading cases. For lawyers handling trade mark protection and enforcement. Trade Marks: Law and Practice – A concise overview of UK trade mark law within UK, EU and international contexts. For lawyers dealing with the protection and enforcement of trade marks. Laddie, Prescott & Vitoria: The Modern Law of Copyright (5th edn) – A leading text on all areas of...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines how the UK’s departure from the EU influences the application of Regulation ( EU) 1215/2012, Brussels I (recast), when determining jurisdictional disputes. It addresses: the applicable provisions in the Withdrawal Agreement between the UK and the EU; relevant domestic legislation, including, where relevant, transitional provisions, together with the position of the EU Commission; the implications of the UK becoming a third state as a consequence of leaving the EU. It should also be noted that other jurisdictional regimes are affected by the UK leaving the EU. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners— Jurisdiction. For specific guidance on the position during the implementation period, see Practice Note: Brexit implementation period—jurisdiction [ Archived]......
This Practice Note explores jurisdiction agreements (choice of court agreements): what they achieve, why they are adopted, and comparable arrangements pursuing the same objective. It outlines the main categories of jurisdiction agreement together with remedies available if one is breached. For assistance distinguishing the different types, see: Determining court jurisdiction—overview. It is likewise essential to grasp the operation of any formal jurisdictional regime. For insight into which regimes may apply, see Practice Note: Jurisdiction rules. A principal regime is the Hague Convention on Choice of Court Agreements. That convention applies between the UK and other contracting states in proceedings where the parties have entered into an exclusive jurisdiction agreement... What is a jurisdiction agreement? A jurisdiction agreement is the parties’ undertaking specifying which court(s) will have authority to determine disputes that could arise between them. For clarity on the concept of...
Contract Where an agreement is entered into by two or more parties, it may include a promise or obligation undertaken by two or more of them. Any such promise may be: joint several joint and several Whether an undertaking in contract is joint, several, or joint and several is a matter of construction, depending on the parties’ intention as revealed by the terms of the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were issued against Rhinegold Ltd and a related company, Tannhauser Ltd, for approximately £22,000 and £31,000 respectively. A settlement agreement followed under which the parties agreed to pay the sums due, but Tannhauser did not fully comply. Although the agreement was silent on liability, the High Court decided that, on a proper reading, the parties were jointly and severally liable. As a result, Rhinegold had to meet the...
IP disputes arise where one side—typically the claimant in this note—asserts that its patent has been infringed, while the defendant contests the patent’s validity. These matters are commonly resolved through settlement, yet such arrangements can themselves fall foul of Article 101(1) TFEU. The European Commission (the Commission) has provided guidance addressing this point. NOTE— Although the Brexit transition period ended on 31 December 2020, this Practice Note continues to cite EU and UK competition law side by side. That is because, even though UK regulators and courts may now depart from EU jurisprudence, any divergence between the two systems is expected to be incremental and progressive, as such, over time, since: (i) the UK competition framework is strongly grounded in concepts honed and refined over many years in EU case law (concepts which the UK courts were required to apply in harmony with UK...
Introduction This Practice Note outlines several key IP matters to think about when establishing a joint venture ( JV) by parties planning such an arrangement. It addresses the situation where two organisations (parent companies) create a JV as a separate legal body (eg a company or limited liability partnership) that they co-own that vehicle together. It does not cover the IP questions arising in contractual collaborations (where there is no separate entity) in any detail. IP considerations vary markedly for contractual collaborations by comparison. Life cycle of a joint venture It is especially crucial to assess IP concerns throughout all three stages of a JV’s existence from start to finish: at its formation during its lifetime, and when it comes to an end Parent companies should settle how to manage these points before starting the JV, to minimise the chance of disputes later on...
The luxury goods sector In the luxury goods arena, intellectual property rights are vital for every business to safeguard innovation and to establish a presence as a brand in the marketplace. As a rule, IP rights operate across sectors in the same way, and companies in widely differing industries can secure IP protection. Although the core tests for securing and enforcing IP rights are largely consistent, luxury goods may benefit from a heightened degree of protection where courts acknowledge the cachet and reputation attached to such brands, and the harm that counterfeit or infringing activity can inflict on that carefully earned stature. Defining what sets a ‘luxury’ brand apart from ‘ordinary’ branded goods is not at all straightforward. Courts have examined matters across various IP rights involving so‑called ‘luxury’ brands, yet no formal judicial definition exists, despite repeated...
This Practice Note concentrates on the IP rights aspects of share purchase deals, together with wider matters that frequently arise in the course of a share acquisition. It is written chiefly from the buyer’s viewpoint, while flagging considerations for the seller where appropriate. For a fuller checklist of points to review, see: Share purchase transactions— IP issues—checklist. The Note addresses situations involving the purchase of shares in a company with valuable IP assets, rather than the acquisition of shares in a technology, software or web-based business (where IP underpins the business and would call for a more extensive suite of IP-specific enquiries and protections) Share purchase or asset purchase? In many respects, the process and the issues to weigh up are similar whether acquiring shares or assets. Important distinctions are highlighted, where relevant, below. In simple terms, a share purchase entails acquiring a...
ARCHIVED: This Practice Note is archived and is not maintained, and will not receive further updates. It outlines the consequences of IP completion day for breaches of contract and the remedies available. The implementation period created to allow the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. At that moment (called ‘ IP completion day’ in this Practice Note) immediate changes arose that affect contracts within the UK. This Practice Note sets out how those changes relate to breach and remedies and signposts to more detailed content and analysis where you can learn more. How does Brexit impact contract breach and remedies? The rules on making and construing contracts in England and Wales are predominantly grounded in, and developed by, the common law, which was not directly altered by IP...
Introduction Cross-border activity involving intellectual property is gaining ever greater significance, as even the smallest enterprises can find themselves trading across multiple legal systems worldwide in today’s digital era. Types of IP rights There are certain IP rights for which protection can be secured in most leading markets across the globe, notably copyright, patents and trade marks. The Lexology Panoramic reports explore the scope, enforcement and potential disposal of these three categories across dozens of key jurisdictions, including the US, Japan, China and major South American nations. See: Lexology Panoramic: Copyright Lexology Panoramic: Patents Lexology Panoramic: Trade marks Other rights safeguarding specific forms of creativity are confined to particular countries and are by no means universally adopted. Examples include actions for ‘passing off’ (an English common law tort), claims for ‘unfair competition’ (available in some continental European systems, for instance, but distinct from...
Intellectual property law is predominantly national in scope. Nevertheless, multiple international conventions and treaties require states to uphold minimum standards of IP protection and to recognise IP generated by nationals of other countries worldwide. The World Intellectual Property Organization ( WIPO) oversees more than twenty treaties and conventions dealing with the registration, classification and safeguarding of IP. Details of those instruments, and their contracting parties, are available in full on its website for reference. This Practice Note outlines, in brief, several of the principal conventions and treaties that WIPO administers. It does not include all treaties and conventions concerning European patents. Paris Convention for the Protection of Industrial Property (1883) This was the earliest accord to harmonise the IP laws of the contracting states. Its scope extends to patents, trade marks, industrial designs, utility models, trade names and geographical indications. A list of...
This Practice Note This Practice Note explains how to file international design applications under the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs of 2 July 1999 (the Geneva Act). Known as the ‘ Hague system’, it provides guidance on the rules and steps for lodging an international design application, and outlines how the UK handles international designs at a national level. It also examines the implications of Brexit for international designs designating the EU, and assesses the pros and cons of the Hague system compared with submitting separate national applications for registered design protection. Before 1 January 2025, the Hague Act concerning the international registration of industrial designs (1960) (the Hague Act 1960) was likewise in effect under the Hague Agreement; however, in November 2024 the Assembly of the Hague Union stated that, from 1 January 2025, the Hague...
Climate change and the loss of biodiversity are significant, urgent and immediate challenges. Innovation has a vital and expanding role to play in tackling them, for example through the creation and rollout of new technologies and products focused on climate change mitigation, renewable energy, reducing pollution, sustainable use of resources, and recycling of waste. This Practice Note explores the various ways in which IP rights, including patents, trade marks, designs, copyright and database rights, can be deployed to protect inventive products and services. It also reviews the interaction of IP with emerging practices such as upcycling, retrofitting and repairing products, together with the issues that brand owners should consider carefully to minimise the risk of greenwashing. It further considers the matters to take into account when collaborating on, and effectively exploiting, new...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) now apply. Any procurement launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract, issued alongside the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to capture these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, Government model contracts updated for Procurement Act 2023 ‘go-live’— LNB News 24/02/2025 29, and Cabinet Office updates PPN 013: Using standard...
This Practice Note offers an overview of the Internet Corporation for Assigned Names and Numbers ( ICANN) and explores practical routes for safeguarding brands, including through domain and trade mark protection strategies online. An introduction to ICANN ICANN administers the domain name system which, for many years, previously comprised only roughly 20 generic top-level domains (g TLDs) such as .com, .biz and .net. After the launch of ICANN’s New Generic Top Level Domain Name Programme, over 1,200 additional g TLDs were rolled out from late 2013 onwards in all. That cohort featured .xyz, .top, .loan and .club, alongside certain well-known brands, eg .bmw and .hotmail. The new g TLDs are open to general public registration (eg company.inc). As a result, available domain endings expanded by more than 1,200; for instance, ‘amazon’ might be secured as amazon.shop, amazon.books, amazon.music and similar options. Adoption of the various new g TLDs is,...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must proceed under PA 2023, while those initiated under earlier regimes must continue to be run and managed under those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document suites, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the meantime, see: News Analysis: Procurement Act 2023 ‘go live’—what happens next? Government model contracts updated for...
ARCHIVED: This Practice Note is archived and no longer maintained. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Nature Intellectual property ( IP) rights are acknowledged as private entitlements that engage elements of public interest as well. Copyright protection operates by forbidding unauthorised exploitation of copyright works without the owner’s permission; accordingly, copyright is an IP right that subsists in creative works, as set out in section 2 of the Copyrights Ordinance ( Cap 528) ( CO), including the following: original literary, dramatic, musical or artistic works sound recordings, films, broadcasts or cable programmes, and the typographical arrangement of published editions Distinct incarnations of a work can attract separate copyrights, for example the book and the theatrical versions of a play. The period of protection and the acts restricted by copyright may differ according to the particular type of work....
The Technology Transfer Block Exemption ( TTBE, Regulation 316/2014) offers a safe harbour for certain intellectual property rights ( IPRs) licences—technology transfer agreements—that might otherwise restrict competition (see also: The technology transfer block exemption). If an IP-related arrangement falls outside the TTBE, this does not automatically imply a breach of Article 101 TFEU. First, other block exemption regulations may still apply. Accordingly, consider whether the following block exemptions are relevant: the Research and Development ( R& D) Block Exemption Regulation (the R& D Block Exemption, Regulation 2023/1066) the Specialisation Block Exemption Regulation (the Specialisation Block Exemption, Regulation 2023/1067) the Vertical Block Exemption Regulation ( VBER 2022, Regulation 2022/720) If none of these fit, the IP-related agreement will then be examined on an individual basis under Articles 101(1) and 101(3) TFEU to determine whether there is an...
STOP PRESS : On 30 April 2026, the European Commission approved an updated Technology Transfer Block Exemption Regulation ( TTBER) together with accompanying Guidelines, supplanting the 2014 framework. The updated TTBER took effect on 1 May 2026. This Practice Note cites the TTBER and the Guidelines and is in the process of being refreshed to mirror these amendments. Finding equilibrium between intellectual property rights ( IP/ IPRs) and competition law is a longstanding issue. At a glance, the objectives of IPRs and competition law can seem at odds. In broad terms, IPR owners are entitled to govern access to, and seek payment for, exploitation of their exclusive rights. By contrast, competition law pursues open markets and restrains the misuse of market power. The Commission has acknowledged that the interplay of IPRs and competition law can raise concerns and create apparent friction. It has equally...
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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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