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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 concise overview of recent key legal developments influencing Irish commercial lawyers throughout 2026 and beyond. Please send suggestions for topics to feature in our horizon scanner to: irelandcurrentawareness@lexisnexis.com. To monitor forthcoming legal and regulatory changes for Irish commercial lawyers, see Practice Note: Ireland— Commercial horizon scanner 2026. For previously tracked Irish commercial developments, see Practice Notes: Ireland— Commercial horizon scanner 2025 [ Archived] and Ireland— Commercial horizon scanner 2024 [ Archived]. The tracker highlights principal Irish commercial law developments across: contract consumer protection competition agency and distribution sale and supply of goods and services confidential information and intellectual property data protection and e Privacy digital trade Legislation This section provides details of recent legislative changes relevant to Commercial practitioners that are partly or fully in force. Act/ SI title:...
The prime/subcontractor model To deliver a complete IT portfolio for clients, technology providers may engage specialist third parties to enhance their proposition. In this scenario, the provider is commonly the prime contractor, and any extra suppliers appointed by the prime to perform parts of the contracted services are treated as subcontractors. Under this prime/subcontractor arrangement, the prime holds contractual, financial, and operational accountability for providing the services to the customer under the prime contract, regardless of whether delivery is undertaken by the prime itself or by a subcontractor. Consequently, where a subcontractor’s act or omission gives rise to a breach of contract and causes loss, the customer will be entitled (subject to the contract terms) to bring a contractual claim against the prime contractor for the damages suffered due to the subcontractor’s default. Owing to this exposure, the prime will often seek to charge the...
Data security sits at the heart of the EU General Data Protection Regulation ( EU GDPR). The sixth data protection principle—integrity and confidentiality—requires you to adopt suitable technical and organisational measures so that personal data is processed with appropriate security, including: protection against unauthorised or unlawful processing accidental loss, destruction, or damage This Practice Note reflects Data Protection Commission ( DPC) guidance on personal data breaches under the EU GDPR, and also draws on guidance from the European Data Protection Board ( EDPB). Data security requirements Article 32 puts practical detail behind the GDPR’s integrity and confidentiality principle. You must implement appropriate technical and organisational measures to achieve a level of security proportionate to the risk, taking into account: the nature, scope, context, and purpose of processing the risk of varying likelihood and severity for the rights and freedoms of data...
The Screening of Third Country Transactions Act 2023 ( Ireland) ( STCTA 2023 ( IRL)) marks Ireland’s first regime for screening foreign direct investment and implements Regulation ( EU) 2019/452, widely referred to as the EU Foreign Direct Investment Regulation. Deals involving third countries (covering third country nationals and/or third country undertakings) must now be notified to the Minister for Enterprise, Trade and Employment in Ireland (the Minister), who may prohibit, or attach conditions to, such arrangements. This Practice Note outlines selected core features of STCTA 2023 ( IRL), alongside the notification obligations under STCTA 2023 ( IRL). Key dates STCTA 2023 ( IRL) took effect on 6 January 2025 (the Commencement Date), so notifiable transactions must be submitted to the Minister from the Commencement Date. STCTA 2023 ( IRL) also contains ‘look back’ provisions permitting the Minister to examine...
NOTE—to check if notification thresholds within the Republic of Ireland and across the world are satisfied, see also: Where to Notify. 1. Have there been any recent developments regarding the Irish merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Ireland? The Irish Competition ( Amendment) Act 2022 (the 2022 Act) broadened the merger control remit of the Competition and Consumer Protection Commission ( CCPC). A key reform introduced a ‘call-in’ mechanism empowering the CCPC to demand notification of sub-threshold deals where the transaction could harm competition in markets for goods or services within the Republic of Ireland/the State. Although the CCPC has not yet, to date, exercised this tool, it has stepped up scrutiny of non-notifiable deals by sending formal requests for information ( RFIs), with a view to the...
Introduction This Practice Note sets out the UK framework for corrective action on consumer product safety, in particular covering: when and how to notify the relevant authorities about a product safety concern the applicable guidance for undertaking risk assessments the remedial steps that should, or must, be taken when a product is found to be unsafe Traditionally, product safety authorities in the UK have not been especially proactive. The enforcement landscape is, however, continuing to shift: recent years have brought heightened political and public attention to product safety, for example after multiple house fires, culminating in the tragic Grenfell Tower fire in January 2018, the government created the Office for Product Safety and Standards ( OPSS), the UK’s national product regulator. Its core purpose is to protect people and places from product-related harm, while enabling trade and growth by...
This Practice Note This Practice Note describes how sustainability agreements are assessed at present. It first indicates when sustainability initiatives and sustainability standardisation arrangements fall within Article 101 TFEU, as interpreted in the updated Horizontal Guidelines issued. It then recaps what the revised Horizontal Guidelines say about the circumstances and methods for justifying sustainability agreements under Article 101(3) TFEU in practice. Finally, it adds context by outlining recent national developments in this field also. Regulation ( EU) No 1217/2010, the Research and Development Block Exemption Regulation ( R& D BER 2010), and Regulation ( EU) No 1218/2010, the Specialisation Block Exemption Regulation ( SBER 2010)—collectively termed the Horizontal Block Exemption Regulations ( HBERs)—together with the Guidelines on the Applicability of Article 101 TFEU to Horizontal Co-operation Agreements ( Horizontal Guidelines), lapsed on 30 June 2023. As background, on 1 March 2022 the European...
Updated in October 2024 Introduction Ireland is regularly placed among the world’s leading destinations for setting up international operations. The country has drawn many of the globe’s largest enterprises to base activities here, spanning global technology, pharmaceuticals, biosciences, manufacturing and financial industries. Ireland’s pull as a business hub stems from the pro-investment stance of successive Irish governments, EU membership, a highly favourable rate of corporation tax, and a talented, adaptable labour force. Together, these and other elements make Ireland a compelling choice for foreign direct investment. Following the UK’s departure from the EU on 1 January 2020, and the end of the transition phase on 31 December 2020 that had kept the UK within the customs union and single market, Ireland’s role as an English-speaking gateway to one of the planet’s largest markets has grown in importance. Several organisations have already...
This guide outlines the requirements for forming contracts across numerous international jurisdictions. The table offers a quick‑reference overview of the criteria for binding contracts, and for individuals and partnerships, in a variety of countries. More comprehensive guidance on each overseas jurisdiction included in the table is provided in the sections below. For details on executing contracts in different jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For details on executing deeds in different jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For details on electronic signatures in different jurisdictions, see Practice Note: E‑signatures—jurisdictional guide. For information on contract formation under Scots law, see Practice Note: Key differences in the law of contract between Scots and English law. Please note that this is an introductory guide only, and local advice from appropriate legal professionals in the relevant country should be sought where...
FORTHCOMING CHANGE: On 15 January 2026, the European Data Protection Board put out for public consultation its Recommendations 1/2026 on applications for approval and on the core elements and principles to be included in Processor Binding Corporate Rules ( Article 47 GDPR). These Recommendations annul and supersede—while substantively building on—in particular Working Party Guidance WP 257 rev.01 ( Working Document on BCRs for processors) and Working Party Guidance WP 265 ( Recommendation on the Standard Application form for Approval of Processor Binding Corporate Rules for the Transfer of Personal Data). The consultation runs until 2 March 2026, with the text taking effect upon publication of the final version following the public consultation process. For further details, see Practice Note: EU GDPR— EDPB supranational level guidance tracker. This Practice Note addresses Binding Corporate Rules ( BCRs) as one of the mechanisms that permits the...
By Marjolein Geus and Feyo Sickinghe. On 15 December 2020, the European Commission (the Commission) unveiled drafts for two measures to govern digital services: the Digital Services Act ( DSA) and the Digital Markets Act ( DMA). The DMA appeared in the EU’s Official Journal on 12 October 2022, took effect on 1 November 2022, and will apply from 2 May 2023. Identification of gatekeeper platforms is scheduled for mid‑2023, with businesses expected to meet DMA obligations from March 2024. Introduction The Digital Services Act and revisions to the e‑commerce Directive 2000/311 (the Digital Services Act or DSA) target the oversight of varied online intermediaries, spanning basic conduit services through to very large online platforms, for which differentiated levels of rules are set. The Regulation of the European Parliament and of the Council on the Digital Markets Act (the Digital Markets Act, DMA, or the...
ARCHIVED : This Practice Note has been archived and is not maintained . This Practice Note charts the historical progress of the European Commission’s proposal for a new EU General Product Safety Regulation replacing Directive 2001/95/ EC on general product safety, also known as the EU General Product Safety Directive ( EU GPSD). The EU General Product Safety Regulation ( Regulation ( EU) 2023/988) was adopted on 10 May 2023 and published in the OJEU on 23 May 2023. It entered into force on 12 June 2023 and will start to apply on 13 December 2024. For more details on the EU General Product Safety Regulation, see Practice Note: The EU General Product Safety Regulation. Background The EU GPSD establishes a general product safety obligation, requiring producers to place only safe products on the EU market. For further guidance on the EU GPSD, see: ...
This Practice Note provides guidance on Regulation ( EU) 2023/988 on general product safety, known as the EU General Product Safety Regulation ( EU GPSR). Under the EU GPSR, economic operators may place on the market only products that are safe. With effect from 13 December 2024, the EU GPSR repealed Directive 2001/95/ EC, the EU General Product Safety Directive ( EU GPSD). This Practice Note summarises the Regulation’s objectives and scope, sets out the main obligations, and examines how product safety is assessed under the EU GPSR. It also considers enforcement aspects. This Practice Note does not address product liability legislation. For further details on EU product liability, see Practice Note: The Revised EU Product Liability Directive. Background and objectives The EU GPSR aims to strengthen the functioning of the internal market while safeguarding consumers’ health and safety. It establishes essential...
ARCHIVED: This Practice Note has been archived and is no longer updated or supported. STOP PRESS: The General Product Safety Directive ( GPSD) has been revoked by Regulation ( EU) 2023/988, referred to as the General Product Safety Regulation ( GPSR). For further details on the GPSR, please consult Practice Note: The EU General Product Safety Regulation. This Practice Note offers additional practical guidance on Directive 2001/95/ EC, commonly called the General Product Safety Directive ( GPSD). Under the GPSD, producers must place on the market only products that are safe. It also obliges Member States to carry out market surveillance in order to ensure producers and distributors fully meet their duties. This Practice Note sets out a summary of the key objectives, scope and recent developments of the GPSD. It also outlines producer and distributor...
ARCHIVED This Practice Note is archived and no longer updated. STOP PRESS Directive 2001/95/ EC, the EU General Product Safety Directive ( EU GPSD), has been repealed by Regulation ( EU) 2023/988, also called the EU General Product Safety Regulation ( EU GPSR). For further details on the EU GPSR, see the Practice Notes: The EU General Product Safety Regulation and Product safety notifications and corrective actions in the EU—general consumer goods (a new PN). The EU GPSD will be repealed by Regulation ( EU) 2023/988, the General Product Safety Regulation ( EU GPSR), with effect from 13 December 2024. Until then, products that meet the GPSD may continue to be placed on the EU market. For additional information on the EU GPSR, refer to Practice Note: EU General Product Safety Regulation—tracker [ Archived]. This Practice Note considers the practical aspects of product recall and other...
This Practice Note examines the overarching ban in Chapter V of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), on sending personal data beyond the EEA or to an international organisation. It addresses how to recognise a restricted international transfer, onward disclosures, export limitations, adequacy decisions, standard contractual clauses ( Model Clauses or SCCs), Binding Corporate Rules ( BCRs), other appropriate safeguards (ie Article 46 tools) and derogations. It also offers direction on revising SCCs and provides links to further practical materials on deploying SCCs. In brief Across the EEA, data protection law aims to ensure information about living persons (ie within the meaning of ‘personal data’) is handled fairly and responsibly. To achieve this, the EU GDPR places extensive duties on those carrying out or determining the ‘processing’ of personal data. In short, ‘processing’ covers virtually any...
FORTHCOMING CHANGE This Practice Note reflects the current legal position. Certain aspects will be affected by the Digital Omnibus proposals published on 19 November 2025 under the EU Commission’s ‘simplification’ agenda. For further detail, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679—commonly called the GDPR and described here as the ‘ EU GDPR’ to distinguish it from the UK GDPR. It summarises core concepts, regulatory supervision and organisational obligations under the EU GDPR, and ends with guidance on planning EU GDPR compliance activities. Introduction Regulation ( EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on protecting natural persons in relation to personal data processing and the free movement of such data, which repealed Directive 95/46/ EC (the General Data Protection Regulation) (the EU GDPR), was published in the Official Journal of the EU on 4...
In summary, any organisation with an establishment in the EEA that handles personal data and cannot rely on an exception under Regulation ( EU) 2016/679 ( EU GDPR) will fall within the EU GDPR’s scope. Organisations lacking a physical presence in the EEA but processing personal data, whether on a regular or occasional basis, should evaluate whether they are likely to be caught by the EU GDPR and/or need to appoint a representative in the EEA. This Practice Note covers: principal guidance territorial reach of earlier EU data protection laws territorial reach of the EU GDPR extra-territorial enforceability of the EU GDPR consequences of being within the EU GDPR’s territorial reach appointing a representative in the EEA exceptions to the EU GDPR’s extra-territorial scope and duties to appoint an EEA...
FORTHCOMING CHANGE This Practice Note sets out the present legal landscape; bear in mind that aspects of it are expected to shift under the Digital Omnibus proposals released on 19 November 2025, aligned with the European Commission’s ‘simplification’ programme and related initiatives. For further details and updates, see Practice Note: EU Digital Omnibus—tracker. The Note also supplies additional guidance on principal definitions within the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 (the EU GDPR). Scope of this Practice Note This Practice Note examines EU GDPR rules applicable across EEA states at the supranational tier only—please consult guidance from the competent national data protection authorities and domestic statutes, as appropriate, for the approach likely to be followed in any EEA jurisdiction. Owing to the substantial movement of data between the EEA and other regions, practitioners may need to evaluate not only the...
EU GDPR enforcement decisions A central aim of Regulation ( EU) 2016/679, the EU’s General Data Protection Regulation ( EU GDPR), was to secure greater consistency in the application and enforcement of data protection rules across the EU and EEA. At present, there is no unified database of enforcement actions from the more than thirty supervisory authorities operating across Europe. See Practice Note: EU and EEA data protection supervisory authorities for a list of the main supervisory authorities in the EU and EEA. Owing to this absence, this Practice Note is not exhaustive, but monitors EU GDPR enforcement outcomes: those issued as a ‘national news’ press release by the European Data Protection Board ( EDPB) (typically only where fines are €250,000 or higher, although some smaller penalties are included below) and those the Lexis+® UK Information Law team otherwise identify from varied sources where total fines exceed...
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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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