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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 what know-how is and identifies the various methods by which it can be safeguarded, before offering guidance on matters connected to licensing know-how, including licensing within a broader research and development ( R& D) arrangement. It covers why know-how is licensed, the principal clauses of a know-how licence, IP considerations in R& D agreements and issues around co-ownership of IP rights. What is know-how? ‘ Know-how’ denotes technical or practical knowledge gained through research or experience and typically concerns how something is carried out. This technical or practical insight may be documented in any format—or retained solely in the mind of an inventor or key employee—and may include operating manuals, drawings, blueprints and other technical material. As it is not always recorded in writing, it can be hard to define. However, Article 1 of Assimilated Regulation ( EU) 316/2014, the...
Background— EU law in the UK Pre-exit day The European Communities Act 1972 ( ECA 1972) was enacted to implement the United Kingdom’s obligations, as a Member State, under the relevant EU treaties and to ensure adherence to EU law. Under ECA 1972, s 2(1), certain EU rights and obligations intended to have direct effect applied in the UK without the need for additional domestic legislation. This encompassed rights under the EU Treaties and EU regulations setting out detailed legal rules. Other forms of EU law took effect via UK regulations made under ECA 1972, s 2(2), or, in some circumstances, through separate Acts of Parliament. This pathway covered EU directives, which stipulate overarching aims or frameworks while leaving each Member State to make its own provision to secure the required legal outcome. In its operation within Member States, EU law is...
When collaborators join forces on creative projects or research and development, knotty questions arise about who owns any resulting IP. Joint ownership can appear a straightforward and equitable answer where efforts were shared and the contributions cannot be disentangled. Yet, without careful thought about how jointly created IP will be owned, organised and exploited, parties may face legal traps, practical hurdles and limits on full commercialisation. In the great majority of cases, it is preferable to put in place an express agreement on joint ownership of IP rather than depend on the default legal position... This Practice Note provides an overview of the law on joint ownership of IP (also known as co-ownership, used interchangeably in this note): Implied joint ownership—basic principles Implied joint ownership—risks and obstacles Joint ownership agreements—key considerations Alternatives to joint ownership of IP ...
Tracker Use this Tracker to confirm if a state is a signatory to the Hague Convention on Choice of Courts Agreements and whether the Convention is already in effect for that jurisdiction. Albania — In force: 1 October 2024. Ratified: 25 June 2024. Signed: 13 February 2024. HCCH website: Albania—the Convention enters into force; HCCH website: Albania signs the Choice of Court Agreements Convention; HCCH notification: Albania ratifies the Choice of Court Agreements Convention. Australia — Signed: No. The Joint Standing Committee on Treaties in 2017 backed accession to the Convention and advised that binding treaty action be undertaken. For information, see Australian Parliament— Convention on Choice of Courts accession. Bahrain — In force: 1 July 2025. Acceded: 13 March 2025. For information, see: Bahrain accedes to the Choice Of Court Convention. China — Approval, ratified or...
A co-operative or community benefit society ( CCBS), previously termed an industrial and provident society ( IPS), is a limited liability corporate body that organisations may use to run a business either as a co-operative serving members’ mutual interests, or as a community benefit society operating for the good of a community. This Practice Note sets out the legal framework, organisational structure and the registration process for these societies. It also makes extensive reference to the FCA’s finalised guidance on registered societies, with sections addressing governing rules, share capital, name, transfer of engagements, conversion, amalgamation, dissolution and winding up. What is a co-operative or community benefit society? A co-operative society or community benefit society (historically called an industrial and provident society) is a registered society—also described as a society—and a corporate body with limited liability that can be used by...
Football Data Co ( FD) manages the data rights of the professional football leagues, granting licences to third parties to reproduce specified IP—such as fixture lists and statistics—owned by the UK’s three professional football leagues. FD, alongside the English and Scottish Football leagues, brought a series of actions against sports data, pools and betting companies that made fixture list details available to their users, including for betting services and online information services. The claims alleged copyright and database right infringement in the fixture lists. For the procedural history and further factual background, see the Football Dataco v Stan James case. This Practice Note highlights the key points arising from the different proceedings. The Stan James action 11 February 2009—the action commenced On 11 February 2009, the Stan James action was issued in the High Court. The initial claim advanced two distinct...
Introduction Block exemption regulations offer broadly applicable safe harbours from the EU ban on anti-competitive agreements set out in Article 101(1) TFEU, provided the agreement meets the criteria of the relevant block exemption regulation. Each block exemption rests on the assumption that any restrictive agreement within its scope satisfies the four conditions in Article 101(3) TFEU required for an individual exemption from the application of Article 101(1) TFEU (see further, Article 101(1) TFEU—the prohibition on restrictive agreements and Individual exemptions under Article 101(3) TFEU). Accordingly, every block exemption regulation creates a safe harbour that shields restrictive arrangements from legal challenge under Article 101 TFEU. The former Research & Development Block Exemption Regulation ( EU) 1217/2010 ( R& D 2010), which expired on 30 June 2023, had applied since 1 January 2011. Following a review and engagement with stakeholders, the updated Research &...
Intellectual property laws grant exclusive entitlements to holders of patents, copyright, design rights, trade marks and other protected rights. Owners of intellectual property rights ( IPRs) may stop unauthorised use of their IP and may exploit it, for instance by granting licences to third parties. However, the ability to commercialise does not shield IPRs from scrutiny under competition law. Like any other arrangement, deals involving IPRs (e.g., licences enabling a licensee to use the licensor’s IPRs) must comply with Article 101(1), TFEU. For many would-be licensees and licensors, the initial task in checking whether their arrangements accord with EU competition rules is to consider if a block exemption regulation can apply. The block exemption most commonly relevant to an IP licence is the Technology Transfer Block Exemption Regulation ( TTBE, Regulation 316/2014), the latest iteration of which took effect on 1 May 2014 and...
ARCHIVED: This Practice Note is archived and not maintained. It considers the Public Bodies Act 2011 ( PBA 2011) and the contractual effects that should be assessed where a public body or business is impacted by it. Background On 14 October 2010, Francis Maude, the Minister for the Cabinet Office, set out in a written ministerial statement that the arrangements for public bodies required radical reform to enhance transparency and accountability, eliminate duplicated activity, and bring to an end work that is no longer necessary. In response, the PBA 2011 received Royal Assent on 14 December 2011. The Act is intended to enable the government to simplify the landscape of public bodies by, among other measures, abolishing so‑called quangos (ie quasi‑autonomous non‑governmental organisations). Quangos include non‑departmental public bodies ( NDPBs), a term commonly used by the government......
Boilerplate provisions in public sector contracts This Practice Note examines freedom of information clauses in public sector contracts. For further detail on what contracting authorities and other interested parties should be aware of when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements commenced on or after that date must proceed under PA 2023. Earlier procurements remain governed by the existing public procurement framework, including: Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs) Utilities...
Criminal sanctions under the Trade Marks Act 1994 ( TMA 1994) In some trade mark infringement scenarios—such as wilful misuse aimed at producing counterfeit goods—the trade mark owner, and from a public policy standpoint, may regard routine civil remedies as insufficient. In those situations, criminal sanctions under the Trade Marks Act 1994 ( TMA 1994) are available. These measures are most frequently directed at those dealing in counterfeits who apply false trade marks to replicate the products of leading manufacturers. Nevertheless, the TMA 1994 has a much broader scope, enabling criminal penalties for other types of unauthorised trade mark use, including offences where there is no requirement to prove dishonesty. Trade mark offending should be viewed within the wider framework of IP crime and may, in particular, intersect with copyright crime. For instance, creating a pirate film on DVD would be a...
This Practice Note This Practice Note addresses the strategic and practical considerations to be weighed when registering a trade mark. It provides guidance on selecting a trade mark, determining the appropriate territorial scope, drafting the specification, performing clearance searches and undertaking a cost–benefit assessment. It also presents a concise synopsis of the practical procedure involved. The primary focus is on the points to consider when registering a UK trade mark, though, where relevant, it refers to both UK and EU case law and legislation, and to EU trade mark registrations ( EUTMs), as appropriate. The UK is no longer part of the EUTM system, as Regulation ( EU) 2017/1001 was revoked in the UK at 11.00 pm on 31 December 2020 ( IP completion day). However, pursuant to the Trade Marks ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/269, and the Designs and...
This Practice Note This Practice Note clarifies the meaning of applicable law—sometimes, depending on context, called governing law, proper law or the choice of law—namely the law applied to resolve a dispute between parties. It does not encompass procedural law. It identifies which applicable law regime operates in the courts of England and Wales ( English courts). The regime engaged will differ according to whether the dispute is contractual or non-contractual and, for contractual matters, whether the parties selected the applicable law via a choice of law (governing law) clause, including any subsequent variation of that agreement. In a world where international travel, trade and communication are routine, cross-border complications arise with ease. Parties conclude contracts daily across different countries and continents. Goods and services move across frontiers, and individuals suffer accidents outside the states where they ordinarily live and work. When a claim has a...
This Practice Note offers practical guidance on executing simple contracts and deeds by third-party individuals or bodies corporate (chiefly companies formed under the Companies Act 2006 ( CA 2006)) acting pursuant to a power of attorney, and outlines how such parties should sign in this context. It considers the following: who can grant a power of attorney, who can act as an attorney, the formalities for executing simple contracts or deeds under a power of attorney. It does not cover: the execution of powers of attorney themselves (see Precedent: Power of attorney for commercial transactions); the execution of documents by other authorised signatories of organisations (see Practice Note: Executing documents—deeds and simple contracts). We have created a comprehensive, interactive collection to help users identify and work through the concepts and common issues when executing documents. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that section, helping users work...
This Practice Note reviews the Hague Convention on Choice of Court Agreements, which governs both jurisdiction and the recognition and enforcement of judgments. It outlines the scope of the Hague Convention on Choice of Court Agreements and the need for an international case anchored by an exclusive choice of court agreement. It also examines issues lying outside the Convention’s reach, whether by specific exclusions within the text or through declarations made by contracting states. The Practice Note considers how the Hague Convention on Choice of Court Agreements applies in the UK. An explanatory report on the Hague Convention on Choice of Court Agreements by Trevor Hartley and Masato Dogauchi supplies detailed commentary on each article. When did the Convention come into force? The Hague Convention on Choice of Court Agreements was concluded on 30 June 2005 and was first ratified by Mexico, followed by the EU. In...
Practice Note This Practice Note sets out guidance on the formalities to address when preparing witness statements in civil proceedings, and also offers direction on statements of truth and managing difficult witnesses. You should also consult Practice Note: Witness statements—substantive content, which covers the substantive elements. This Practice Note explains how the relevant CPR provisions should be interpreted and applied. Depending on the court in which your case is being heard, you may need to take account of further requirements—see: Court specific guidance below. Where a witness statement is intended for use at trial in the Business and Property Courts and falls within CPR PD 57AC, refer for additional guidance to Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC......
This Practice Note outlines the requirements and procedural steps for European patent applications at the European Patent Office ( EPO), covering EPO post‑grant opposition and limitation procedures. It further explains that, once a European patent is granted, the proprietor may lodge a ‘request for unitary effect’ with the EPO to obtain a unitary patent. European patents There are two types of European patents: European bundle patents—often called ‘classic’ or ‘traditional’ European patents, or simply European patents or EPs for short, and European patents with unitary effect—commonly known as unitary patents European bundle patents The European Patent Convention ( EPC) created a single route for securing patents in multiple countries from one patent application. The EPC is applied by the EPO, which serves as the executive arm of the European Patent Organisation, an international organisation with 39 member states, including all 27 EU Member States plus certain non‑ EU members such as the UK,...
This Practice Note explains the available pathways to secure patent protection in the UK, before concentrating on applying for a UK ( GB) national patent at the UK Intellectual Property Office ( IPO). It covers the prosecution lifecycle—filing, preliminary examination and search, publication, substantive examination, and grant—and also touches on classification, patent families, priority filings, divisional applications, and options for accelerating prosecution. The three routes to patent protection in the UK national patent application European patent application international patent application These filing routes may culminate in two forms of UK patent protection: UK national patents ( UK patents) UK designations of European patents ( EP( UK) patents) UK national patent applications are examined and granted by the IPO under the provisions of the UK Patents Act 1977 ( PA 1977) and the Patents Rules 2007, SI 2007/3291. UK patents are often called GB...
This Practice Note considers IP issues specifically in relation to fintech. It addresses fintech and intangible assets, fintech IP strategy, copyright, open source software, brand protection, trade secrets, the impact of artificial intelligence ( AI), and practical steps. Fintech refers to technology applied to financial services and can encompass, for instance: software for electronic payments using conventional currency, such as software implementing protocols for atomicity, consistency, isolation and durability ( ACID) transactions (with ‘ ACID’ describing a set of transaction properties) software facilitating transactions via a blockchain distributed ledger quantum hardware and software enabling ‘quantum money’ trained machine learning systems for automated lending decisions for consumers or businesses trained machine learning systems supporting pension fund management software driving automated trading of securities and/or derivatives software a business uses to automate price setting of its goods or services in...
ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Hong Kong is a special administrative region of the People’s Republic of China ( Mainland China). Under the one country, two systems framework, Hong Kong maintains its own patent regime, distinct from that of Mainland China. The Intellectual Property Department ( IPD) of the Hong Kong government manages the administration of patent applications, registrations and maintenance. There are two types of patent in Hong Kong: standard patents short-term patents The Paris Convention and the Patent Co-operation Treaty ( PCT) apply in Hong Kong by virtue of Mainland China’s membership. The Agreement on Trade- Related Aspects of Intellectual Property ( TRIPS) is implemented in Hong Kong through its World Trade Organisation ( WTO) membership. A short-term patent application may serve as a priority founding...
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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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