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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:
Most recent Practice notes
This Practice Note This Practice Note charts significant updates concerning the Data ( Use and Access) Act 2025 ( DUAA 2025), which obtained Royal Assent on 19 June 2025 and partially commenced on that day (see DUAA 2025, s 142). Most DUAA 2025 provisions will not commence until secondary legislation, in the form of statutory instruments, is laid for that purpose (see: LNB News 28/07/2025 33). This tracker follows those developments. It also chronicles the DUAA 2025’s path before Royal Assent—referring to it as the DUA Bill or simply the Bill in that context—including amendments made as it moved through the parliamentary stages, as well as consultations, related guidance and announcements. DUAA 2025 contains seven parts: Part 1 addresses access to customer and business data and seeks to extend the use of ‘ Smart Data’ beyond its current application in open banking within the...
ARCHIVED This Practice Note is archived and is no longer maintained. It assesses the rules on service that applied between the UK’s departure from the EU on 31 January 2020 and the end of the implementation period on 31 December 2020, which the EU refers to as the transition period. It examines whether the implementation period could be extended, whether Regulation ( EC) 1393/2007 (the Service Regulation) governed service during that timeframe, and ways to minimise uncertainty by employing process server clauses. For a swift Brexit reference tool answering key questions and providing useful updates, research tips and materials, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note uses the following definitions: European Union ( Withdrawal) Act 2018— EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020— EU( WA) A 2020 exit day—defined in EU( W) A 2018, s 20, as 31 January...
ARCHIVED This Practice Note is archived and is no longer maintained. It compiles developments and updates on coronavirus ( COVID-19) that concern the life sciences sector in the UK, and tracks key changes in this field over time. For developments on coronavirus relevant to the EU life sciences sector, including those that may have applied to the UK until the end of the Brexit transition period, and for international updates, see Practice Note: Coronavirus ( COVID-19)— EU life sciences tracker [ Archived]. Jump to the following sections Research and development of medicines and vaccines Intellectual property ( IP) waiver Clinical research and trials Regulation of medical devices Regulation of vaccines, medicinal products and blood Post-authorisation vigilance of medicines and vaccines Supply of vaccines, medicines and medical products Actions on falsified and unlicensed medicines, off-label use of medical devices m Health and data protection matters For a discussion on the following...
ARCHIVED: This Practice Note is archived and no longer maintained. Introduction We are confronted with a new life‑threatening virus, spreading rapidly across the globe, for which there is currently no effective therapy or vaccine. Encouragingly, this emergency has prompted a surge of innovation and product development, buoyed by remarkable generosity from pharmaceutical and medical device businesses that are combining resources, opening access to relevant intellectual property ( IP) and providing products free of charge or at cost. While such unprecedented IP sharing is highly praiseworthy in addressing the pandemic, organisations should carefully consider how their IP is protected and disseminated to avoid harmful repercussions for their IP rights and for sustainable product development over the longer term. Companies should also note that some governments are contemplating drastic steps, including compulsory licensing, to permit third parties to use new technologies without infringing patents. This is...
ARCHIVED : This Practice Note has been archived and is not maintained. Coronavirus ( COVID-19) poses an unparalleled test to the global life sciences sector. UK and EU regulators are issuing frequently updated guidance as the situation develops, and are supporting research and development aimed at limiting the spread’s impact. This Practice Note outlines how UK and EU authorities are responding in relation to: clinical trials and regulatory inspections maintaining continuity of supply for medicinal products and medical devices deferral of the application of Regulation ( EU) 2017/745 (consolidated 24.04.2020), the Medical Devices Regulation ( MDR) It also highlights major R& D initiatives across the UK and EU, and summarises European Commission guidance on collecting and transfusing convalescent COVID-19 plasma. For sector-specific developments and updates on coronavirus, see the Practice Notes: Coronavirus ( COVID-19)— EU life sciences tracker [ Archived] and Coronavirus ( COVID-19)— UK life sciences tracker [...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note reviews key considerations and implications for IP practitioners during the coronavirus ( COVID-19) pandemic. It also provides a table archiving news on coronavirus and developments linked to IP. For analysis on the pandemic’s effect on IP strategy and practice, see News Analysis: Coronavirus ( COVID-19)—the impact on IP strategy and practice. IP deadlines and procedures In light of the coronavirus outbreak and social distancing guidance, offices closed and some postal services were suspended. In response, the UK Intellectual Property Office ( IPO), World Intellectual Property Office ( WIPO), European Patent Office ( EPO) and EU Intellectual Property Office ( EUIPO) announced changes to various IP deadlines and procedures. These updates are tracked in the IP coronavirus tracker below, and the IPO, WIPO, EPO and EUIPO have set up dedicated,...
ARCHIVED –this archived case hub reflects the position at the date of the judgment of 10 March 2020; it is no longer maintained. NOTE— The Supreme Court has granted permission to appeal against the Court of Appeal’s judgment on costs. See the timeline, commentary and related cases for further details. Case facts Outline Appeal by the Competition and Markets Authority against the CAT’s ruling which quashed the CMA’s infringement decision of 12 February 2016 that fined Pfizer Inc and Flynn Pharma ( Holdings) Limited for charging unfair and excessive prices for phenytoin sodium capsules, contrary to Article 102 TFEU and Chapter II of the Competition Act 1998. Latest developments On 10 March 2020, the Court of Appeal delivered its judgment, rejecting the CMA’s attempt to reinstate the fines. However, it concluded that the CAT made legal errors in its assessment of the CMA’s excessive pricing decision against Pfizer Inc and Flynn...
Contractual set-off Set-off gives Party A, to whom Party B owes money, the means to secure payment by netting the sum due against Party A’s separate liability to Party B arising from another dealing. Where a creditor and debtor have mutual transactions, the creditor may deduct from the debt owed to them any amount they themselves owe to the debtor. See Practice Note: What is set-off and when is it available? Contractual set-off is one of the five principal types identified in Practice Note: Types of set-off. It arises where the parties have created a right of set-off by an express contractual term. Parties use it to widen or restrict the set-off rights available at general law; however, it cannot change the scope or operation of insolvency set-off, which applies mandatorily despite any contractual arrangement between the parties—see Practice Note: Types of set-off—...
This Practice Note This Practice Note explains how information set out in a document, or a statement given by or on behalf of a person, can be relied upon where authenticity must be verified in a commercial setting. It outlines the principal ways to validate information and documents, indicates when statutory declarations, oaths, affirmations and affidavits are appropriate, how to check they have been properly prepared, and offers guidance for practitioners when employing these validation methods. It sets out the requirements for: Statutory declarations Oaths Affirmations Affidavits Formalities for administering statutory declarations, oaths, affirmations and affidavits Statutory declarations and affidavits out of jurisdiction For information on notaries, their purpose, steps required to notarise a document and the meaning of legalisation, see Practice Note: Notaries and notarisation. For guidance on certified copies, including what a certified copy is, when a...
This Practice Note This Practice Note serves as a practical ‘how to’ for assessing an NDA (also referred to as a non-disclosure agreement or confidentiality agreement) and directs you to relevant materials. It sets out a snapshot of what an NDA comprises, when it is needed in a commercial deal, and offers a high-level overview of the legal and practical points to weigh up when considering an NDA. For links to fuller guidance on the law of confidentiality, refer to Precedent: Confidentiality—training materials and Confidential information—overview. For further insight into how confidentiality duties are commonly addressed in commercial agreements, see Practice Note: Trade secrets and confidential information—protection and enforcement. Where confidential information is exchanged, the assumption is that the disclosing party will usually prepare and circulate an NDA, with the recipient undertaking review. That said, in many circumstances information flows both ways, making it...
CASE HUB ARCHIVED —this archived case hub reflects the position at the date of the decision of 23 May 2025; it is no longer maintained. See further, timeline and commentary. Case facts Outline The CMA is running a Chapter II CA98 probe into Vifor, alleging abuse of dominance through misleading denigration of a competing iron therapy product by the company. Latest developments On 10 December 2024, the CMA opened a consultation process on commitments proposed by Vifor (see below). It formally closes on 17 January 2025. Parties Vifor Pharma ( Vifor): a global pharmaceutical business headquartered in Australia. Pharmacosmos: Pharmacosmos......
ARCHIVED: This Practice Note has been archived and is not maintained. It examines the impact of Brexit on commercial contractual clauses ahead of IP completion day. For details on how IP completion day affects commercial clauses, see Practice Note: What does IP completion day mean for contract clauses? The UK’s withdrawal from the EU on exit day, the implementation period, and the time beyond create a range of implications for the drafting, negotiation, and enforcement of contracts governed by English law. This Practice Note focuses on the potential effects that Brexit may have on business-to-business ( B2B) commercial contract clauses specifically. In particular, it assesses whether Brexit might influence, alter, or give rise to a need for: warranty clause hardship clause force majeure clause business continuity clause price variation clause For the impact that Brexit may have on the drafting, negotiation and enforcement of B2B boilerplate clauses, see Practice Note:...
Practice Note This Practice Note offers practical guidance for general commercial practitioners on matters to weigh up when drafting a business-to-business agreement or arrangement intended to minimise the harmful consequences of unforeseen events, shifts in the economic climate, crisis, disaster, or other circumstances beyond the contracting parties' control. It is equally pertinent for practitioners when preparing a contract during a force majeure or other ongoing disruptive event. The Practice Note also examines illegality, hardship, business continuity, rights to terminate, and key risk-mitigation clauses, including those addressing price variation, currency exchange fluctuations, indemnities, insurance, and contract review. For a concise 'how to' guide on preparing contracts to cover unforeseen events that signposts relevant content, with links to potentially relevant issues such as clauses dealing with force majeure, and other commercial and practical considerations, see Practice Note: How to draft a contract to cover...
ARCHIVED This Practice Note has been archived and is no longer maintained. It formerly recorded the progress of UK cases of relevance to the life sciences sector during 2020–2022. To track the progress of UK life sciences cases from 2023 onwards, including ongoing cases, see Practice Note: Life sciences cases tracker— UK. To track the progress of current UK legislative proposals, consultations and developments, as well as significant UK cases relevant to the life sciences sector, see Practice Note: Life sciences tracker— UK. To track the progress of current EU legislative proposals, consultations and developments, together with significant cases in the EU relevant to the life sciences sector, see Practice Notes: Life sciences cases tracker— EU and Life sciences tracker— EU. Judgments— Patents For archived patent judgments, see Practice Note: Life sciences tracker [ Archived]— Judgments— Patents. Supreme Court What’s happening? When?......
This Practice Note sets out, at a high level and in a table-style format, the core distinctions between arbitration and other forms of alternative dispute resolution ( ADR), namely: mediation, early neutral evaluation, adjudication and expert determination. Procedure Arbitration Mediation Early Neutral Evaluation Adjudication Expert Determination Flexibility Arbitration: Adaptable procedure with geographical mobility. See Practice Note: A quick guide to arbitration process. Mediation: Highly flexible; the process can be tailored on the day. Early Neutral Evaluation: Entirely flexible. Adjudication: Flexible, though parties usually agree certain exchanges of documents. Expert Determination: Flexible, though parties usually agree certain exchanges of documents. Delay Arbitration: Delays can arise, particularly when the tribunal is constituted and sometimes during the proceedings. These can be mitigated by agreement and active case management. A procedure for speedy judgment exists but depends on a robust tribunal. Mediation: Parties generally agree a specific mediation date and make appropriate...
This Practice Note offers practical guidance on the proper execution of simple contracts and deeds by administrators. An administrator may be appointed over a company, a partnership or a limited liability partnership. For additional detail, see Practice Notes: Administration—an introductory guide, Administration of a Limited Liability Partnership and Insolvency of general partnerships—administration. For the purposes of this note, we address execution solely within company administrations Quick view The summary below outlines execution formalities applicable to administrators and indicates where related precedent execution clauses can be located. For more information, navigate to the relevant document type using the links in the first column Simple contracts — By the company ( Companies Act 2006, s 43(1)(a)). Under the company’s common seal applied by the administrator ( Insolvency Act 1986, Sch 1, para 8) — Execution...
What is a company's constitution? This Practice Note sets out what is meant by a company’s constitution in detail. It focuses on the core element of that constitution: the articles of association. It reviews the statutory definition under the Companies Act 2006, outlines the character of the articles and distils the typical provisions found in a company’s articles. The Practice Note also addresses entrenched terms within the articles and the importance of the memorandum of association......
This Practice Note offers practical guidance on correct execution of simple contracts and deeds for unincorporated associations. Unincorporated associations arise from agreement between members who come together, typically for a non-profit purpose. Examples include sports clubs or voluntary groups. For more information, see Practice Note: Unincorporated associations. We have created a collection that serves as a comprehensive, interactive resource to help users identify and navigate the concepts and common issues involved in executing documents. Each section or phase provides practical guidance, precedent clauses and Q& As relevant to that stage. For more information, see: Execution collection. Capacity An unincorporated association has no separate legal identity, meaning it cannot enter into contracts in its own name. As a result, it has no rights, cannot assume duties and cannot own property. Property said to ‘belong’ to an unincorporated association will be vested in the leading members of the...
Introduction The strand of domestic law that originally arose from EU obligations and was captured by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018) as retained EU law ( REUL) is, from 2024, referred to as ‘assimilated law’. This change follows the Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023). The new label signals notable shifts in the domestic standing and handling of assimilated law. Its objective is to advance the process of bringing former EU rules into the UK’s legal system and to support their reform... Reminder: what was retained EU law ( REUL)? To understand the move from REUL to assimilated law, it is useful to revisit REUL, which was established by EU( W) A 2018. For background on EU( W) A 2018, see Practice Note: Brexit—key legislation explained. After the Brexit...
Purpose A notices clause is frequently inserted into a contract to provide both sides with certainty and transparency around formal communications and the sending and receipt of notices between the parties to the agreement, including how they are given and received. Where no such clause appears, default statutory rules may step in (see Statutory provisions below). In the Court of Appeal in Khan v D’ Aubigny, Nugee LJ observed that a notice can be a document that imparts information as well as one that invokes or exercises a right. It is also commonly taken to mean a written notice bearing a degree of formality, though no fixed wording or prescribed format is demanded. Observing the requirements of a notices clause will often be critical across a variety of contractual contexts. By way of illustration, it typically matters when prolonging (or stopping the...
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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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