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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 serves to monitor the progress of adequacy decisions for cross-border/international transfers of personal data under the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 (the EU GDPR). It brings together pertinent opinions, reports and guidance from EU institutions on the standing of both new and established decisions. For an all-round primer on the EU GDPR, assembling essential practical guidance, see: UK data protection law collection. Background While the EU GDPR repeatedly refers to the ‘ Union’, page one confirms it is a text ‘with EEA relevance’, so its provisions are intended to apply to every EEA state, not solely EU members. As the EU GDPR has been folded into the EEA Agreement and now applies, references to EU Member States will typically be understood to cover EEA members as well. For details on that...
ARCHIVED: This Practice Note is archived and is not being maintained, and will not be updated further. This Practice Note follows the development of the European Commission’s proposal to amend Regulation ( EU) 910/2014 ( OJ L 257/73), the EU e IDAS Regulation, to create a framework for a European Digital Identity. It records milestones as the proposal moved forward. Adopted in 2014, the EU e IDAS Regulation replaced Directive 1999/93/ EC, commonly known as the EU e‑ Signature Directive. Regulation ( EU) 2024/1183, the European Digital Identity Framework, was published in the Official Journal of the EU on 30 April 2024 and entered into force on 20 May 2024. It is expected to streamline access to online services; bolster user trust and confidence in digital interactions; spur the digital economy by encouraging innovation and competition; and lessen the risk of identity theft and...
This Practice Note offers a concise outline of Regulation ( EU) 910/2014 (the e IDAS Regulation), as updated by Regulation ( EU) 2024/1183 (the European Digital Identity Regulation, or EUDI Regulation). The updated regime is commonly known as e IDAS 2.0. The revised e IDAS framework establishes the legal basis for electronic signatures, digital identities and other ‘trust services’ across the EU. It clarifies who may rely on electronic signatures and digital identities, and in what circumstances. It also sets specific obligations for providers of ‘trust services’ and brings in a European Digital Identity Wallet ( EUDI Wallet), scheduled to be available in 2026. This Practice Note focuses solely on EU law; for the general position on electronic signatures under the law of England and Wales, see Practice Note: Electronic...
This Practice Note monitors developments relating to Regulation ( EU) 2022/2065 on a Single Market for Digital Services and the amendment of Directive 2000/31/ EC (the EU Digital Services Act, or EU DSA). The tracker is organised as follows: General Court and Court of Justice cases Other materials VLOPs and VLOSEs designations Legislative process For further details on enforcement matters, see Practice Note: EU Digital Services Act—enforcement cases tracker. Background In December 2019, through her political guidelines, Commission President Ursula von der Leyen pledged to introduce a new EU DSA to modernise liability and safety standards for digital platforms, services and products. The intention was for the EU DSA to revise the E‑ Commerce Directive and, by comparison, extend its reach to facilities including internet service providers, content delivery networks, search engines, blockchains and cloud services. A public...
This Practice Note monitors enforcement cases concerning Regulation ( EU) 2022/2065 on a Single Market for Digital Services, which amends Directive 2000/31/ EC (the EU Digital Services Act, or EU DSA). Background In December 2019, within her political guidelines, the President of the Commission, Ursula von der Leyen, pledged to bring forward a new EU DSA to refresh liability and safety standards for digital platforms, services and products. The EU DSA is designed to revise the E- Commerce Directive and, by contrast, to carry a broader scope, taking in facilities such as internet access providers, content delivery networks, search engines, blockchains, and cloud services. While the E- Commerce Directive’s liability safe harbours are expected to remain as a guiding principle, they will be specified and codified in harmony with more recently adopted secondary instruments (including Directive ( EU) 2019/790, the DSM Copyright...
This document monitors and distils significant new and forthcoming EU legislation (regulations and directives), guidance, and other ongoing policy activity. In particular, this tracker covers all live, closed and upcoming consultations, evaluations and proposals linked to guidance, codes of practice and legislation in the EU consumer protection space. The tracker is organised as follows: new legislation horizon scanning other materials consultations key dates This tracker excludes EU cases. To follow EU consumer cases, see Practice Note: EU consumer protection cases tracker. For a general overview of EU consumer legislation, see Practice Note: Key EU consumer legislation—summary. Some initiatives are maintained in separate trackers, including: EU e Privacy Directive—tracker EU Digital Services Act—progress tracker EU Digital Markets Act—progress tracker Media, digital and telecoms tracker— EU Travel/ Transport— EU Regulatory tracker ...
This Practice Note summarises Directive ( EU) 2020/1828 (the EU Representative Actions Directive or EU Collective Redress Directive), which provides a mechanism across all EU Member States to safeguard the collective interests of consumers. The legislation is designed to better enable collective proceedings for European consumers and obliges Member States to ensure at least one procedural route that permits qualified entities to bring representative actions not only for injunctive measures but also for effective remedies on consumers’ behalf. This covers claims for compensation for infringements of consumer rights in sectors including financial services, travel and tourism, energy, health, telecommunications and data protection, as permitted under EU or national law. The Directive took effect on 24 December 2020; Member States were required to transpose it by 25 December 2022, and the measures have applied from 25 June 2023. It repealed Directive 2009/22/ EC, the EU...
This Practice Note reviews Council Directive 86/653/ EEC ( OJ L 382/17), the EU Commercial Agents Directive. It outlines the meaning of commercial agent, the Directive’s scope and operation, and its effects on agency contracts. It also covers the relationship between a commercial agent and a principal under the Directive, the agent’s remuneration, and the termination of a commercial agency arrangement. For EU cases on the Directive, see Practice Note: EU Commercial Agents Directive cases—tracker. Background Historically, EU Member States applied differing rules to the rights and obligations of commercial agents and their principals, creating legal uncertainty and making it difficult in practice for market operators to rely on commercial representation across different Member States. Adopted in 1986, the Directive aimed to establish a single market for commercial representation and remove barriers to the cross-border activities of commercial agents and their...
EU Commercial Agents Directive cases tracker This tracker monitors key Court of Justice decisions connected to Council Directive 86/653/ EEC ( OJ L 382/17), the EU Commercial Agents Directive. For added detail on the Directive, see Practice Note: The EU Commercial Agents Directive. Scope of the ‘commission lost’ by the commercial agent for the calculation of the indemnity payment Case: QT v O2 Czech Republic AS, Case C-574/21 Date: 23 March 2023 This decision addresses how to compute the indemnity owed to commercial agents when an agency agreement ends. Under Article 17(2) of Directive 86/653/ EEC, Member States must provide that, in specified situations, agents are entitled to an indemnity on termination or expiry of the agency arrangement. The judgment clarifies which commissions are to be counted in that calculation. The Court of Justice confirmed that the indemnity should reflect...
Ireland as a seat of arbitration In recent years, the Republic of Ireland ( Ireland) has pursued a focused drive to position itself as a hub for international arbitration. These initiatives have intensified since the UK’s departure from the EU, with representative bodies such as Arbitration Ireland arguing that Dublin can attract cross-border dispute work at London’s expense. September 2024 saw the second Dublin International Disputes Week, building on the now well‑established Dublin International Arbitration Day. Ireland’s principal selling points in this respect include: a common law jurisdiction membership of the European Union excellent infrastructure and facilities a pool of highly skilled professional expertise adoption of the United Nations Commission on International Trade Law ( UNCITRAL) Model Law on International Commercial Arbitration (the Model Law) The Irish courts have traditionally shown deference to contracting parties’ selection of arbitration as their chosen means of resolving disputes......
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...
Guide to executing simple contracts across jurisdictions This guide explains the requirements for signing simple contracts in a range of international jurisdictions. A table gives a quick-reference snapshot of the execution formalities for companies, individuals and partnerships in different countries. Fuller commentary for each overseas jurisdiction listed in the table appears in the sections below. For guidance on the execution of deeds in various jurisdictions, see Practice Note: Execution of deeds—jurisdictional guide. For electronic signatures, see Practice Note: E-signatures—jurisdictional guide. For the formation of contracts, see Practice Note: Contract formation—jurisdictional guide. For executing documents under Scots law, see: Execution— Scotland—overview. Please note: this is an introductory resource only, and local advice from suitably qualified legal professionals in the relevant country should be obtained where appropriate. Summary table What are the requirements for companies when executing contracts? What are the requirements for...
This guide outlines the rules and requirements for the execution of deeds across multiple international jurisdictions. A table offers a quick-reference overview and summary of the execution formalities for companies, individuals and partnerships in a range of countries. Further detail on each overseas jurisdiction listed in the table appears in the sections that follow, including any variations in limitation periods for claims under contracts made as a deed. Each section corresponds to the overseas jurisdictions shown in the table for reference. For the execution of contracts across jurisdictions, see Practice Note: Execution of contracts—jurisdictional guide. For electronic signatures in different jurisdictions, consult Practice Note: E-signatures—jurisdictional guide. For the formation of contracts across jurisdictions, refer to Practice Note: Contract formation—jurisdictional guide. For the execution of documents under Scots law, see Execution— Scotland—overview. Note that this is an introductory resource only; seek local advice from...
Introduction This Practice Note serves as a negotiation aide for IT contracts, spanning IT services (from helpdesk support through to full-scale outsourcing), software licensing and/or hardware procurement. It summarises baseline positions across roughly thirty frequently negotiated points, and proposes workable compromises and focal considerations shaped by the contract’s scope, each party’s bargaining power, and whether you act for the customer or the supplier. The discussion is intentionally high level, designed to prompt assessment of what is necessary in the circumstances of a specific transaction. Where appropriate, it signposts related Practice Notes for deeper detail. It applies solely to business-to-business dealings. For a broader look at negotiation issues in services agreements generally, rather than IT-specific arrangements, see Practice Note: Ireland— Negotiation guide: services...
Introduction This Practice Note serves as a negotiation guide for services agreements. It highlights core positions on 25 commonly disputed points, with suggested compromises and key considerations shaped by contract scope, relative bargaining power, and whether you represent the customer or the supplier. It offers a high-level overview to prompt analysis of what is needed for a particular deal and, where apt, signposts other Practice Notes for further detail. It is relevant only to business to business transactions. It does not address these issues for IT services contracts, although many points will be similarly applicable. Contents The following topics are covered: General service obligations Quality and performance warranties (deliverables and related goods) Adherence to policies Service levels and service credits Milestones Acceptance testing Supplier reliefs Payment terms Intellectual property ( IP) ownership and licensing ...
The EU’s General Data Protection Regulation ( Regulation ( EU) 2016/679) took direct effect and became fully enforceable across EU Member States on 25 May 2018. As the EU GDPR has been incorporated into the EEA Agreement and applies in every EEA country, references within it to EU Member States can generally be read as also covering EEA members. Enforcement under the EU GDPR has largely centred on elevating sanctions for breaches, with the expectation that tougher penalty provisions—particularly the higher administrative fines of up to the greater of 4% of worldwide annual turnover or €20m—will encourage stronger compliance. The Regulation also established the European Data Protection Board ( EDPB) to promote a more uniform interpretation of the EU GDPR and the penalties issued under it. This Practice Note examines: the approach to sanctions and enforcement under the EU GDPR, including the role of the lead...
One of the principal aims of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 (the EU GDPR), is to bring about consistent implementation and enforcement of data protection across the EU and EEA in practice. Under the EU GDPR, every Member State may designate one or more independent public bodies to oversee application of the EU GDPR, ie a ‘supervisory authority’, as appropriate. This Practice Note: sets out the European Data Protection Board ( EDPB) outlines the European Data Protection Supervisor ( EDPS) compiles a consolidated list of supervisory authorities in the EU and EEA For guidance on sanctions and enforcement under the EU GDPR, see Practice Note: EU GDPR—sanctions and enforcement. The EDPB The EDPB sits at the heart of the EU GDPR framework and its guidance and opinions carry considerable weight. It is made up of the head of each EU national...
This Practice Note offers a broad, general overview of data protection law in Ireland, setting out its key concepts and provisions. Irish data protection rules are chiefly driven by the application of the EU General Data Protection Regulation ( Regulation ( EU) 2016/679) ( EU GDPR), and there are also separate, more detailed Practice Notes that advise on particular aspects of data protection at an EU level. This Practice Note summarises the most significant of those aspects and clearly sets them within an Irish regulatory context. Ireland is a notable forum for data protection analysis today, as many major personal‑data‑rich businesses, including large social media platforms and digital service providers, have their European headquarters in Ireland. Introduction to data protection law and its purpose Data protection law is generally designed to ensure that information about living individuals (within the meaning of ‘personal data’) is handled...
This Practice Note examines the law on the use of cookies and similar technologies in Ireland It addresses the following: types of cookies and comparable tracking technologies SI No 336/2011 European Communities ( Electronic Communications Networks and Services) ( Privacy and Electronic Communications) Regulations 2011 ( Ireland) SI No 336/2011 ( IRL) (the e Privacy Regulations ( IRL)) and cookies responsibility for compliance consent clear and comprehensive information exemptions Regulation ( EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, and on the free movement of such data, and repealing Directive 95/46/ EC ( General Data Protection Regulation) ( EU GDPR) and cookies territorial scope intranets sanctions and enforcement cookie audits reform ...
ARCHIVED: This Practice Note is archived and no longer updated. It charts the advancement of the European Commission’s draft Regulation creating a shared framework for media services within the internal market—known as the European Media Freedom Act ( EMFA)—as it moves through the ordinary legislative route. Background In 2020, via the European Democracy Action Plan, the Commission underlined the necessity of bolstering media freedom and pluralism. In 2021, during her State of the Union address, Commission President Ursula von der Leyen unveiled an initiative to safeguard media independence across the EU. That initiative was included in the Commission’s 2022 Work Programme. On 10 January 2022, a public consultation was launched. On 16 September 2022, the Commission issued a proposal for a Regulation setting a common framework for media services in the internal market—the European Media Freedom Act ( EMFA)—seeking to safeguard and promote media independence and pluralism in the EU...
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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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