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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 outlines which biotechnological inventions may and may not be patented. It cites Directive 98/44/ EC (commonly called the Biotechnology Directive) and Schedule A2 to the Patents Act 1977 ( PA 1977), which allow patents for biotechnological inventions while setting key exceptions. Those exceptions have been interpreted by the Court of Justice in cases including Oliver Brüstle v Greenpeace and Monsanto v Cefetra. The Note also reviews exclusions from patentability under Article 52(b) of the European Patent Convention ( EPC) and pertinent European Patent Office ( EPO) decisions, Tomatoes I, Tomatoes II and Broccoli II. It also takes account of the 2017 European Commission Notice on biotechnological inventions. Patenting biotechnological inventions As a general rule, biotechnological inventions are patentable. Although neither PA 1977 nor the EPC imposes a blanket prohibition, specific provisions control when such inventions can be protected (see: The...
This Practice Note concentrates on the intellectual property ( IP) rights dimensions of asset purchase deals, alongside broader, routine questions that frequently arise in the asset purchase context and in related transactional planning. The analysis is primarily from the buyer’s standpoint, while also signposting seller-focused concerns where appropriate and timely. For a comprehensive checklist of points to review, see Asset purchase transactions— IP issues—checklist, which collates the principal items. The Note spotlights issues relevant to buying assets within a business that holds valuable IP, rather than the takeover of a technology, software or web-based enterprise (where IP sits at the heart of the operation and would necessitate a fuller suite of IP‑specific enquiries and protections tailored to that model). For tailored guidance on acquiring a software business, see Practice Note: Buying a software business—key considerations, and for further discussion of IT matters within...
From exit day (31 January 2020), the UK ceased to be an EU Member State. Nonetheless, under the Withdrawal Agreement, an implementation period applies during which EU law continues to bind and apply to the UK. This development affects this Practice Note. For additional detail and context, see Practice Note: Brexit— IP rights. ARCHIVED This Practice Note is archived and is no longer maintained or updated. This Note explains the law on unjustified threats concerning UK and Community design right infringement as it stood before it was amended by the Intellectual Property ( Unjustified Threats) Act 2017 ( IP( UT) A 2017). Communications issued before 1 October 2017 remain governed by the previous regime in relation to patents, trade marks and designs, as applicable and appropriate. All citations and references in this Practice Note to the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949, and the...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s particular proposals for addressing the enforcement of judgments across the EU will be a central concern for UK practitioners. This Practice Note examines how Brexit will affect the enforcement of court judgments in the EU once the UK leaves the bloc. It reviews the existing framework under Regulation ( EU) 1215/2012, Brussels I (recast), sets out the respective stances of the UK and the EU, and evaluates the probable outcomes based on the information currently available. The Note highlights issues that may arise upon the UK’s exit and points to regimes that could support the enforcement of court judgments, including the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. It provides a concise summary of the current position and the foreseeable scenarios for...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It includes concluded legislative proposals, 2022–2023 published judgments, and closed consultations that are not shown in the current UK Patents tracker. For updates on current and ongoing legislative proposals, judgments and consultations concerning patents, please refer to the Practice Notes: Patents tracker— UK and Patents tracker— EU. Judgments— Supreme Court What's happening? When?......
ARCHIVED: This Practice Note is archived and no longer kept up to date. It gathers closed legislative proposals, published judgments and concluded consultations from 2023–2024 that are omitted from the current Designs tracker as they are not within the present year. For details on EU design judgments, legislative proposals and live EU consultations, guidance and reports on designs, see Practice Note: Designs tracker— EU. For archived developments before 2023, see Practice Note: Designs tracker 2017–2022 [ Archived]. Legislation, consultations, guidance and reports For up-to-date legislation, consultations, guidance and reports, see Practice Note: Designs tracker— UK— Legislation, consultations, guidance and reports. For archived designs legislation predating 2023, see Practice Note: Designs tracker 2017–2022 [ Archived]— Legislation. For archived design consultations predating 2023, see Practice Note: Designs tracker 2017–2022 [ Archived]— Consultations. What's happening? When? Find out more CJC final report on pre-action protocols ( PAPs) 20 November 2024: Report...
ARCHIVED This Practice Note is archived and no longer maintained. It compiles concluded legislative proposals, issued judgments and closed consultations from 2022–2024, which are not shown in the current Copyright and databases tracker— UK as they fall outside the present year. To follow live legislative proposals, relevant judgments, consultations, guidance and reports on copyright and databases, see Practice Note: Copyright and databases tracker— UK. For archived material prior to 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [ Archived]. Legislation, consultation, guidance and reports For up-to-date legislation, consultations, guidance and reports, see Practice Note: Copyright and databases tracker— UK. For archived items before 2022, see Practice Note: Copyright, media and digital tracker 2017–2021 [ Archived]. What's happening? When? Find out more The Design Right, Artist’s Resale Right and Copyright ( Amendment) Regulations 2023, SI 2023/1285 1 April 2024: regulations 3 and 4...
ARCHIVED: This Practice Note is archived and is no longer maintained. It charted the progress of UK primary legislation introduced as part of the legislative preparations for the UK’s exit from the EU during the 2017–19 Parliament. Following the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills moving through Parliament that had not yet secured Royal Assent fell, namely: Agriculture Bill Financial Services ( Implementation of Legislation) Bill [ HL] Fisheries Bill Immigration and Social Security Co-ordination ( EU Withdrawal) Bill Trade Bill For further reading, see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64......
ARCHIVED: This Practice Note is archived and no longer maintained. It compiles concluded legislative proposals, issued judgments and closed consultations from 2017–2022, which are no longer listed in the current Designs tracker— UK and Designs tracker— EU as they are not from the present year. To monitor live progress on legislative proposals, relevant judgments and consultations concerning designs, see Practice Notes: Designs tracker— UK and Designs tracker— EU. For archived UK designs material from 2023, consult Practice Note: Designs tracker— UK 2023–2024 [ Archived]. Legislation For current legislation, refer to Practice Notes: Designs tracker— UK— Legislation, consultations, guidance and reports and Designs tracker— EU— Legislation, consultations, guidance and reports. For archived UK legislation, consultations, guidance and reports from 2023, see Practice Note: Designs tracker— UK 2023–2024 [ Archived]— Legislation, consultations, guidance and reports. What’s happening? When? Find out more Decision EX-20-05 of the Executive Director of the EUIPO on the...
ARCHIVED: This archived Practice Note summarised major updates and guidance concerning Brexit and the TMT industry. It is no longer updated and is supplied for context alone. It is arranged under the following headings: New technologies Information technology Internet Data protection Media Advertising, marketing and sponsorship Telecommunications This note does not monitor broader Brexit events; for those, consult Practice Note: Brexit timeline. To follow the advancement of UK statutes introduced as part of preparations for the UK’s departure from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 (exit day), the UK stopped being an EU Member State and forfeited its right to take part in the EU’s political bodies and governance frameworks. Under the transitional measures in Part 4 of the Withdrawal Agreement, exit day began an 11-month implementation phase during which, for many purposes, the EU treated the UK as though it remained a Member State. The...
ARCHIVED: This Practice Note is archived and no longer maintained It contains concluded legislative proposals, published judgments from 2019–2021, and closed consultations that are not included in the current Patents tracker. To follow ongoing legislative proposals, judgments and consultations on patents, refer to Practice Notes: Patents tracker— UK and Patents tracker— EU. Judgments— Supreme Court What’s happening? When? Find out more Secretary of State for Health and another ( Appellants) v Servier Laboratories Ltd and others ( Respondents) [2021] UKSC 24; UKSC 2019/0172. 2 July 2021: Supreme Court judgment handed down. 14 April 2021: Hearing before the Supreme Court. 11 March 2020: Permission to appeal to the Supreme Court granted. 12 July 2019: Court of Appeal judgment delivered. Damages claim arising from injunctions in patent proceedings The matter relates to Servier’s enforcement of the UK designation of its patent for the alpha...
ARCHIVED This Practice Note has been archived and is no longer being updated. It compiles closed legislative proposals, published judgments and closed consultations from 2017–2021, which no longer appear in the current tracker as they are not from this year. To monitor live progress on legislative proposals, relevant judgments and consultations concerning copyright and databases, see Practice Notes: Copyright and databases tracker— UK and Copyright and databases tracker— EU. To follow developments on media and digital issues, consult Practice Notes: Media, digital and telecoms tracker— UK and Media, digital and telecoms tracker— EU. For archived UK material on copyright and databases from 2022, see Practice Note: Copyright and databases tracker— UK 2022–2024 [ Archived]. Copyright—legislation For current legislation covering copyright and databases, refer to Practice Notes: Copyright and databases tracker— UK— Legislation, consultations, guidance and reports, and Copyright and databases tracker— EU—...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements launched on or after that date must follow PA 2023, while those started under earlier regimes (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and managed under those rules. The Cabinet Office has also refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These revised 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 interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for...
What is open data? Put simply, ‘open data’ describes information released to the public in an open, machine-readable form, on licence terms that let users access, reuse and exploit it on a royalty-free basis. There is no single, universally agreed definition of open data. One widely cited example is the Open Definition 2.1 from the Open Knowledge Foundation. That definition is detailed, specific and designed to foster the widest uptake. Key elements of the Open Definition are: Data should be supplied at no more than a reasonable, one-off reproduction cost. Data should be available without restrictions on use, and it must be possible to process it using at least one open source, free or ‘libre’ software tool. The accompanying licence must meet certain conditions. In broad terms, it must allow use for any purpose without limiting the field of use, and permit...
This Practice Note sets out the intellectual property considerations that affect 3D printing. It addresses the enforcement of patents, design rights, copyright and trade marks, and examines a range of industry uses for 3D printing together with the specific IP implications arising from them. What is 3D printing? Historically, products were created by casting into a mould, removing material from a block of steel, wood or similar, or by combining these processes. In contrast, 3D printing—also called additive manufacturing ( AM)—takes a different route to production, forming items layer by layer under computer control from a digital design. That digital design, typically originating from a 3D CAD representation of the object and described in this Practice Note as the ‘data file’, contains the full set of instructions the printer needs to fabricate the item. It defines the object’s dimensions, geometry and any surface...
This Practice Note considers the legal and practical issues when entering into a subcontract or authorising subcontracting: What is subcontracting? When may subcontracting be allowed? The legal consequences of subcontracting Subcontractor’s liability for the contractor’s consequential loss Subcontractor’s liability to the customer What is subcontracting? While contractual rights and benefits are, unless expressly restricted, generally capable of assignment, contractual duties or burdens are not. Nonetheless, in some cases those obligations can be performed vicariously through subcontracting. Subcontracting is the delegation by the main contractor of part or all of its obligations under its contract with the customer to a third party (the subcontractor) for the subcontractor to perform. Where such vicarious performance is permitted, the contractor’s liability under the main contract does not pass to the subcontractor. The contractor remains answerable to the customer for any non-performance by the subcontractor, even if the customer has agreed to the...
This guide explains the use of e-signatures across a range of international jurisdictions. A comprehensive table provides a quick-reference overview of whether, and in what ways, e-signatures are deployed in different countries. More extensive detail on every overseas jurisdiction listed is provided in the sections that follow. For detailed information on executing contracts in multiple jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For guidance on the execution of deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For insight into how contracts are formed across various jurisdictions, see Practice Note: Contract formation—jurisdictional guide. For information concerning the execution of documents under Scots law, see Execution— Scotland—overview. Please note that this is an introductory resource only, and that local advice from suitably qualified legal professionals in the relevant country should be obtained where...
IP rights only carry real weight when they generate revenue for the company. Even where they are already in use, a structured exploitation programme can unlock extra value. This Practice Note provides hands-on guidance for businesses on making the most of their IP rights. It explains how to run an IP audit and build a coherent exploitation strategy. It also outlines the principal routes to exploitation, including assignment, licensing, taking security over IP, and using alternative ownership models. In addition, it highlights the essential provisions to include in assignments, licences and security instruments, and offers pointers on monitoring and enforcing IP so that its worth is preserved... What are the key IP rights? A business will typically hold several types of IP, some registered and others unregistered or arising automatically. The main IP rights a business is likely to own include: Trade marks...
This Practice Note Use this Practice Note when identifying the governing law for contracts concluded on or after 1 January 2021. UK courts apply a different applicable law regime to agreements formed before 1 January 2021. The operative regime turns on the date the contract was made. For guidance on the regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. Previously called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the alteration is in title only; the regulation’s provisions are unchanged. Authorities may use either label, and for convenience this Practice Note uses UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note explains when and why UK Rome I, Regulation ( EC) 593/2008 was introduced. It addresses the...
Incorporated v unincorporated charities Charities commonly adopt a range of incorporated and unincorporated forms. Corporate forms eligible for charitable status include: a charitable company (almost always a company limited by guarantee) a co-operative society or community benefit society (formerly termed industrial and provident societies) charity trustees incorporated under Part 12 of the Charities Act 2011 ( CA 2011) a charitable incorporated organisation (ie the limited-liability model created by Part 11 of CA 2011), requiring registration solely with the Charity Commission a body corporate established by Act of Parliament or Royal Charter (eg the Official Custodian for Charities) Unincorporated charities take one of two forms: a charitable trust; or a charitable unincorporated association Charitable company A charitable company may enter into contracts, execute deeds and issue other documents in the same way as any company formed under the Companies Acts......
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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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