Featured documents
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:
Most recent Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Conducting a trade mark search Before filing an application to register a trade mark, it is sensible to conduct a search to see whether any identical or similar marks are already registered in Hong Kong, which assists in assessing the likelihood of successful registration. A trade mark search can prevent an applicant from incurring unnecessary application and official fees if refusal appears probable. After obtaining and reviewing the search results, the applicant may refine the mark or adopt a different mark to avoid similarity with existing registered trade marks, or to avoid objection due to inherent registrability. A trade mark search can be undertaken using the online Trade Mark Search system on the Intellectual Property Department’s website....
ARCHIVED: This Practice Note is archived and is no longer maintained. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Infringement A mark is infringed where, in the course of trade or business (section 18(1)–(4) of the Trade Marks Ordinance ( Cap 559) ( TMO)): an identical sign is applied to goods or services that are identical to those covered by the registration an identical sign is used for goods or services similar to those registered, and there is a likelihood of confusion a similar sign is used for goods or services that are identical or similar to those registered, and a likelihood of confusion arises if the mark is well known, an identical or similar sign is used for goods or services not identical or similar to the registration, taking unfair advantage of, or being...
ARCHIVED: This Practice Note has been archived and is no longer maintained. It was first prepared for Lexis Advance® Practical Guidance Hong Kong. Legal principles Although Hong Kong forms part of the People’s Republic of China, it operates an independent legal system and, accordingly, an intellectual property regime separate from Mainland China and distinct from the Mainland framework. The Basic Law, Hong Kong’s mini constitution, guarantees a high level of autonomy and the continuation of laws previously in force in Hong Kong. In Hong Kong, copyright is treated as a property right, recognised and safeguarded both by specific copyright legislation and by the Basic Law itself. The Copyright Ordinance ( Cap 528) ( CO), which broadly mirrors the UK’s Copyright, Designs and Patents Act 1988, commenced in 1997. However, for works created before the CO came into force, the Copyright Act 1956 still governs the...
ARCHIVED: This Practice Note is no longer current and is not being updated. It was originally prepared for Lexis Advance® Practical Guidance Hong Kong. Rights and assertion Beyond copyright, other rights may subsist in a work, including: moral rights technological measures applied to computer programmes and other copyright works publication rights rights in performances artist’s resale right To be enforceable, moral rights must be asserted. Assertion can be made generally or for specified acts, and may accompany an assignment or a licence of copyright, or be effected by a signed instrument. Section 90 of the Copyright Ordinance ( Cap 528) ( CO) identifies who is treated as bound by such assertion. For works of joint authorship, each contributor must assert their own right. Comparable rules apply to films. Although a film is regarded as a joint work, only the director benefits from moral...
ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Grounds for revocation of a patent Under section 80(1) of the Patents Act ( Cap 221), a patent can be revoked where: the invention is not patentable — it is not new, involves no inventive step and/or cannot be put to industrial use the grant was made to someone not entitled to it the specification fails to disclose the invention clearly and fully so a person skilled in the art can perform it the specification contains additional matter beyond what the application disclosed an amendment or correction to the specification was wrongly allowed the patent was procured by fraud, misrepresentation, or by non‑disclosure or inaccurate disclosure of prescribed material information there is double patenting for the same...
ARCHIVED This Practice Note has been archived and is no longer maintained. It was originally produced for Lexis Advance® Practical Guidance Singapore. General There are three routes to obtain design registration in Singapore: registration under the UK Registered Designs Act 1949 ( RDA 1949) a direct application in Singapore an international application that designates Singapore Registering a design under the UK Registered Designs Act 1949 A design registered under the RDA 1949 will be treated as a registered design for the purposes of the Singapore Registered Designs Act ( Cap 266) if: the design was registered under the RDA 1949 before 13 November 2000 the design had not expired or been cancelled on 13 November 2000 Such a design is termed a ‘ Relevant Design’. The registration date is as determined under RDA 1949, s 3(5). Initial period The registration of a design deemed to be registered under the RDA 1949 is for an initial period (...
ARCHIVED: This Practice Note is archived and is not maintained. It was originally prepared for Lexis Advance® Practical Guidance Singapore. Introduction to moral rights Emerging from civil law traditions, moral rights are a set of non-transferable rights typically forming part of the copyright bundle, intended to protect authors on ethical grounds. These rights are set out in Article 6bis of the Berne Convention ( Berne Convention for the Protection of Literary and Artistic Works), which, in substance, states that, independently of an author’s economic rights and even after those rights are assigned, the author retains the right to claim authorship and to oppose any distortion, alteration, or other derogatory treatment of the work that would harm the author’s honour or reputation. Rights within moral rights As identified in the Berne Convention, there are two principal rights encompassed within moral rights: Right of...
This Practice Note provides an overview of the law, guidance and practice concerning the Business Protection from Misleading Marketing Regulations 2008, SI 2008/1276 ( BPR 2008), which govern business-to-business advertising in the UK. It outlines what constitutes misleading advertising, the parameters for comparative advertising, and the offences and due diligence defence under BPR 2008. For fuller guidance on the rules for comparative advertising, see Practice Note: Comparative advertising. Background BPR 2008 came into effect on 26 May 2008, implementing Directive 2006/114/ EC, the EU Misleading and Comparative Advertising Directive, into UK law. The regulations concentrate on business-to-business activity, forbid misleading business-to-business advertising, and set the conditions that comparative claims must satisfy to be lawful. At the same time, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008) took effect, implementing Directive 2005/29/ EC, the EU Unfair Commercial Practices Directive ( EU UCPD) into UK law....
Popular documents
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 ]...
Discover more from LexisNexis
