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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 sets out a high-level guide to Regulation ( EU) 2022/1925, the EU Digital Markets Act ( DMA), viewed from an Irish standpoint. It addresses the DMA’s effects on the Irish marketplace, outlines the suite of rules the DMA introduces, explains how gatekeepers are designated, and describes the European Commission’s enforcement toolkit under the regime. It also considers worldwide compliance expectations, the forthcoming steps towards rolling out the DMA, and the key dates for meeting the obligations it imposes. The Digital Markets Act On 15 December 2020, the European Commission (the Commission) unveiled proposals for two EU-wide measures to govern digital services-the Digital Services Act and the Digital Markets Act. On 27 October 2022, the Commission completed adoption of the DMA by publishing its text in the EU Official Journal, triggering a six‑month transition period before the DMA became...
This Practice Note provides an overview of the law, guidance and practice on executing simple contracts and deeds in Ireland. It sets out the principal distinctions between simple contracts and deeds and the formalities for execution. It also addresses counterparts and virtual closings, electronic signatures, powers of attorney, deed of variation, Irish Collective Asset-management Vehicles ( IVACs) and property transactions. Creating a contract A contract is a legally binding agreement conferring rights and imposing obligations between two or more parties. In essence, four core requirements must be met before a contract arises: an offer has been made that offer has been accepted valuable consideration is provided for performance of the contract the parties intend to be legally bound Contracts can be: oral written a mixture of oral and written by deed The general rule is that writing is not...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
This Practice Note outlines breach of contract and the remedies that may follow. It addresses what can constitute a breach, how the courts evaluate that question by construing the parties’ contractual obligations, the remedies available, and the deployment of clauses that cap or restrict consequent liability and/or compensation. It also looks at whether a breach of contract claim can be pursued and the method for claiming late payment interest. For a broader overview of contract law, see Practice Note: Ireland— Contract law essentials. Breach of contract A breach arises where one party (‘the defaulting party’) fails or declines to fulfil duties owed under the contract, in whole or in part. The other contracting party (‘the innocent party’) may then consider potential remedies for that failure. It should be remembered that a defaulting party with a lawful excuse for...
This tracker is designed to monitor key consumer law cases. It compiles relevant Court of Justice opinions and judgements, organised by date, and spanning advertising and labelling, e-commerce, product liability and safety, provision of services, contracts, consumer disputes and enforcement. For further detail on the principal EU regulations and directives that protect consumer interests, see Practice Note: Key EU consumer legislation—summary. This tracker does not cover data protection cases. For EU data protection case law, see Practice Notes: EU GDPR—data protection case law tracker and Data protection cases before the Court of Justice of the European Union—tracker. 2026 Case Powszechna Kasa Oszczędności Bank Polski S. A. v MS et MS, Case C-753/24, ECLI: EU: C:2026:308 Date: 16 April 2026 Find out more: Court of Justice rules on unfair terms concerning supplier restitution. The Court held that Article 7(1) of...
This Practice Note provides a concise overview of Regulation ( EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services, which amends Directive 2000/31/ EC, called the EU Digital Services Act ( EU DSA). It was published in the Official Journal of the EU ( OJEU) on 27 October 2022 and applies from 17 February 2024, except for certain provisions for very large online platforms ( VLOPs) and very large online search engines ( VLOSEs) and other specified measures that take effect earlier. Alongside the Digital Markets Act ( EU DMA), the EU DSA was crafted as part of a broader legislative package to regulate digital markets. Its principal objective is to keep users safe from unlawful goods, content or services and to protect their fundamental rights online. This Practice Note sets out the background, scope and...
Introduction This Practice Note reviews the current Irish intellectual property framework governing artificial intelligence ( AI) and machine learning in Ireland. It summarises the principal strands of IP law relevant to AI systems and models and, in particular, explores questions around IP rights in: AI inputs (eg training data) the AI system itself AI outputs What is artificial intelligence? There is no single, settled definition of AI. In general terms, it refers to the imitation of human intelligence by machines, usually computer systems. Regulation ( EU) 2024/1689, the EU AI Act, defines an AI system as: ‘… a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content,...
This Practice Note sets out the principal Irish legal and regulatory points a website operator should consider when running a site, such as: The type and functionality of the website Information disclosure requirements Consumer protection Privacy and data protection Cookies Accessibility Cybersecurity Platform-to-business Online payments Advertising, promotions and direct marketing Competition law Taxation Liability for third party content Intellectual property and respecting copyright Geographic and territorial considerations Consideration of electronic data interchange ( EDI) arrangements, blockchain, smart contracts or sector-specific laws or regulations, including those applicable to financial services, intermediation services or online auctions, is outside the scope of this Practice Note. The type and functionality of the website Applicable compliance duties and rules differ according to a site’s nature, functionality or purpose. Pinpointing these...
This Practice Note examines matters relating to the development and use of autonomous and connected vehicles (also known as driverless cars or automated vehicles) in the EU, including: Terminology The current position of EU law Product safety and the EU type-approval procedure Product liability and insurance Data protection and cybersecurity Although most media coverage has centred on driverless private road vehicles-the focus of this Practice Note-the underlying technology has broader application, with indications that earlier benefits may emerge in sectors such as shipping and agriculture. For a timeline of key dates and details on autonomous vehicle development, see Practice Note: EU automated vehicles-tracker. Practice Note: Automated vehicles-data, privacy and cybersecurity issues in the EU addresses the data, privacy and cybersecurity matters arising from the use of autonomous and connected vehicle technology in the EU. For a summary of the...
This Practice Note provides a concise overview of the principal consumer directives and regulations that businesses should keep in view when engaging with consumers. It addresses the core legislation relevant to trading or contracting with consumers in the EU, together with other key B2C rules across advertising and labelling, data protection, e-commerce, payment, product liability and safety, provision of services, and consumer disputes and enforcement. Sector-specific consumer legislation is also included. Environmental and life sciences legislation is not covered. For insight into the application and interpretation of EU consumer law, see Practice Note: EU consumer protection cases tracker. To monitor EU consumer protection initiatives (regulations and directives), guidance, and ongoing policy developments, see Practice Note: EU consumer protection-tracker. For consumer rules relevant to the digital sector, see Practice Note: Key EU digital...
Advertising and marketing- France- Q& A guide [ Archived, 2022 edition] This Practice Note presents a France-specific Q& A on advertising and marketing, issued within the Lexology Getting the Deal Through series by Law Business Research ( August 2022), and archived as the 2022 edition. Authors: Bernard- Hertz- Béjot- Michel Béjot; Caroline Bouvier 1. What are the principal statutes regulating advertising generally? Advertising is governed by legislation and related implementing instruments, including decrees and ordinances that give effect to statutory provisions. For example, Toubon Law No. 94-665 of 4 August 1994 mandates and oversees the use of the French language in all advertising. Decree No. 92-280 of 27 March 1992 sets out particular rules for television advertising. There is no single advertising code; instead, various sectoral codes contain provisions on advertising in France. For instance: the Consumer Code addresses both deceptive or misleading...
This Practice Note explores the function and significance of boilerplate provisions within a contract. It highlights those boilerplate terms most frequently appearing in agreements connected with transactions, and considers the approach that ought to be adopted when reviewing or drafting any agreement that contains them. Lawyers handle an enormous range of transactions, yet each, in one form or another, relies on written contracts. Every one of those contracts ought to incorporate certain boilerplate terms. In practice, transaction documents should not be issued without them. What is boilerplate? There is no universally accepted meaning of a ‘boilerplate’ clause. These clauses are often regarded as routine, miscellaneous provisions. They are frequently signed off with minimal thought or bargaining, but treating them this way is a risky course to take. It is more precise to view ‘boilerplate’ as the label for the clauses included in an...
This Practice Note outlines and introduces the principal forms of alternative dispute resolution used in Ireland—direct negotiation, mediation, adjudication, arbitration and conciliation—setting out their key characteristics and the main governing statutes: the Mediation Act 2017 ( Ireland) ( MA 2017 ( IRL)), the Construction Contracts Act 2013 ( Ireland) ( CCA 2013 ( IRL)) and the Arbitration Act 2010 ( Ireland) ( AA 2010 ( IRL)). Forms of alternative dispute resolution ADR offers a voluntary route in place of litigation for resolving civil disputes. In Ireland, the leading methods—arbitration, mediation, direct negotiation and construction adjudication—will be familiar to practitioners across other common law jurisdictions. Conciliation, by contrast, although widely used domestically for both employment and construction disputes, will often be unfamiliar to those practising elsewhere. There is also limited uptake of other tools on the ADR spectrum, such as expert...
This Practice Note monitors all developments concerning Regulation ( EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives ( EU) 2019/1937 and ( EU) 2020/1828 (the Digital Markets Act— DMA). It followed the DMA through the ordinary legislative procedure up to its entry into force in 2022. It now records notable steps in the DMA’s implementation and enforcement. Background In a mission letter dated 1 December 2019, Dr Ursula von der Leyen tasked Executive Vice President Margrethe Vestager with ensuring that competition policy and rules are fit for the modern economy and with strengthening competition enforcement in all sectors. Drawing on expert reports and an E-commerce Sector Inquiry, the Commission in June 2020 opened a consultation on an Inception Impact Assessment for a New...
Advertising and marketing- Turkey- Q& A guide [ Archived, 2022 edition] This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Turkey, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA- Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The overarching rules for advertising in Turkey are laid down in Law No. 6502 on the Protection of Consumers ( Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, grounded in the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Moreover, further legislation and secondary rules contain specific, bespoke provisions for differing media channels and product categories. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on...
The EU has set ambitious goals to realise ‘ A Europe Fit for the Digital Age’, steering the Union’s digital transformation. Counted among the six European Commission priorities for 2019–2024, this Practice Note outlines the principal measures advanced by the Commission to meet this aim. For fuller detail on headline EU digital actions, see Practice Note: Key EU digital initiatives-summary. Timeline On 19 February 2020, the European Commission adopted ‘ Shaping Europe’s Digital Strategy’, a policy roadmap for the Union’s digital overhaul. This was followed on 9 March 2021 by the Communication ‘2030 Digital Compass: the European way for the Digital Decade’ ( Digital Compass Communication), which set out a vision to secure a successful EU digital transition by 2030. The 2030 targets rest on four cardinal points: digital skills digital infrastructures digitalisation of businesses ...
This Practice Note is a companion to Practice Note: Ireland- Trade secrets and confidential information, which explains when duties of confidence arise and how they are usually managed in commercial contracts. Organisations frequently decline to share details on the grounds that doing so would infringe confidentiality obligations. This Practice Note considers methods for safeguarding confidential material and ways to address such objections. Protection when creating information Clear contractual drafting Confidentiality provisions should be drafted with precision. For instance, many clauses allow disclosure where required by ‘applicable law’. If the intention is to confine permitted disclosures to those mandated by Irish law, that limitation should be stated expressly. Beyond confidentiality provisions, other terms can also limit use and disclosure of confidential matter, notably: data protection clauses (often curbing the processing of personal data, ie information relating to identifiable individuals); and intellectual property clauses (which may limit how...
This Practice Note covers the common law doctrine of privity of contract, its exceptions, how it affects enforcement against non-parties, and situations where, despite no privity, a contract indirectly impacts a third party. For wider guidance, see Practice Note: Ireland— Contracts and third-party rights. What does privity of contract mean? ‘ Privity of contract’ is a common law doctrine meaning you cannot: enforce a benefit of a contract you did not join; or be liable for any obligation under a contract you did not join. Therefore, if your client is not a party (ie a third party), they cannot sue or be sued under that contract. Example: A promises B that they will pay a sum of money to C— C cannot sue A for that sum if A fails to pay. Murphy v Bower (1866) IR 2 CL 506 (not reported by Lexis+® UK) is the...
In England and Wales, the Third Parties ( Rights Against Insurers) Act 2010 ( UK) ( TP( RAI) A 2010 ( UK)) facilitates the enforcement of claims against an insolvent policyholder’s insurer. A plaintiff or claimant who holds a cause of action against an insolvent, albeit insured, defendant is protected by TP( RAI) A 2010 ( UK) through the statutory transfer of the insured’s rights under the insurance policy to the third party. For example, if a construction worker brings a claim against their insolvent employer, TP( RAI) A 2010 ( UK) allows the employee to pursue the employer’s liability insurers directly to obtain recovery. For practical guidance on TP( RAI) A 2010 ( UK), refer to Practice Notes: Third Parties ( Rights Against Insurers) Act 2010 and-by way of summary- Third Parties ( Rights against Insurers) Act 2010-one minute guide. In...
This Practice Note offers practical guidance on the execution of documents by third parties acting under a power of attorney, with emphasis on the principal provisions of the Powers of Attorney Act 1996 ( Ireland) ( POAA 1996 ( IRL))... What is a power of attorney? A power of attorney is an instrument—usually a deed—signed by, or on the instructions of, the donor that gives another person (the attorney) the authority to act for the donor in line with the instrument’s terms... The POAA 1996 ( IRL), which took effect on 1 August 1996, sets out the legal requirements for establishing a valid power of attorney... It is essential for practitioners to be conversant with the rules for appointing attorneys and for executing documents under a power of attorney... Contracting parties may face unintended consequences where an attorney has not been validly appointed, acts outside the scope of their...
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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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