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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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ARCHIVED: This Practice Note is archived and no longer maintained It contains concluded legislative proposals, published judgments from 2019–2021, and closed consultations that are not included in the current Patents tracker. To follow ongoing legislative proposals, judgments and consultations on patents, refer to Practice Notes: Patents tracker— UK and Patents tracker— EU. Judgments— Supreme Court What’s happening? When? Find out more Secretary of State for Health and another ( Appellants) v Servier Laboratories Ltd and others ( Respondents) [2021] UKSC 24; UKSC 2019/0172. 2 July 2021: Supreme Court judgment handed down. 14 April 2021: Hearing before the Supreme Court. 11 March 2020: Permission to appeal to the Supreme Court granted. 12 July 2019: Court of Appeal judgment delivered. Damages claim arising from injunctions in patent proceedings The matter relates to Servier’s enforcement of the UK designation of its patent for the alpha...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements launched on or after that date must follow PA 2023, while those started under earlier regimes (including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and managed under those rules. The Cabinet Office has also refreshed its standard contract suites, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be updated shortly to reflect these changes. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model contracts updated for...
Advances in medicine, biomicrobiology and biotechnology have given rise to a state-of-the-art group of medicinal interventions that deploy gene therapy, somatic cell therapy and engineered tissues to prevent, manage or even cure human disease. The newness, intricacy and variety of these products has required fresh regulatory instruments, both legislative measures and guidance, to strike an appropriate balance between risks and patient benefits. In the EU and the UK, lawmakers classify this group as ‘advanced therapy medicinal products ( ATMPs)’ to safeguard the highest standards of public health while recognising their unique challenges, particularly around clinical trials, manufacturing and pharmacovigilance. Yet oversight of genetically modified organisms ( GMOs) used as starting materials for ATMPs remains a national matter and therefore varies from one Member State to the next. These divergences have produced a complicated regulatory environment for ATMPs. Oversight of tissues and cells is...
What is Alternative Dispute Resolution? Alternative Dispute Resolution ( ADR) is an umbrella label for methods that settle disputes without resorting to litigation. ADR is increasingly chosen to address life sciences conflicts. This Practice Note will set out the key benefits and limitations of different ADR models for disputes arising in this field and offer practical guidance on making the most of each route. For broader guidance on ADR, as well as a detailed comparison of processes, see Practice Note: What is ADR? The advantages of ADR for life sciences disputes Life sciences disputes are diverse and often turn on complex, highly technical topics. Even so, several recurring characteristics mean ADR can be well-suited in the right circumstances. Disputes are multi-jurisdictional The life sciences industry frequently involves cross-border collaborations, with participants across Asia, Europe and North America. Clashes may emerge from differing corporate cultures and/or divergent legal...
This Practice Note sets out the intellectual property considerations that affect 3D printing. It addresses the enforcement of patents, design rights, copyright and trade marks, and examines a range of industry uses for 3D printing together with the specific IP implications arising from them. What is 3D printing? Historically, products were created by casting into a mould, removing material from a block of steel, wood or similar, or by combining these processes. In contrast, 3D printing—also called additive manufacturing ( AM)—takes a different route to production, forming items layer by layer under computer control from a digital design. That digital design, typically originating from a 3D CAD representation of the object and described in this Practice Note as the ‘data file’, contains the full set of instructions the printer needs to fabricate the item. It defines the object’s dimensions, geometry and any surface...
This Practice Note considers the legal and practical issues when entering into a subcontract or authorising subcontracting: What is subcontracting? When may subcontracting be allowed? The legal consequences of subcontracting Subcontractor’s liability for the contractor’s consequential loss Subcontractor’s liability to the customer What is subcontracting? While contractual rights and benefits are, unless expressly restricted, generally capable of assignment, contractual duties or burdens are not. Nonetheless, in some cases those obligations can be performed vicariously through subcontracting. Subcontracting is the delegation by the main contractor of part or all of its obligations under its contract with the customer to a third party (the subcontractor) for the subcontractor to perform. Where such vicarious performance is permitted, the contractor’s liability under the main contract does not pass to the subcontractor. The contractor remains answerable to the customer for any non-performance by the subcontractor, even if the customer has agreed to the...
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...
This Practice Note Use this Practice Note when identifying the governing law for contracts concluded on or after 1 January 2021. UK courts apply a different applicable law regime to agreements formed before 1 January 2021. The operative regime turns on the date the contract was made. For guidance on the regimes and how they interact, see Practice Note: Applicable law regimes. This Practice Note cites UK Rome I, Regulation ( EC) 593/2008. Previously called Retained Rome I, from 1 January 2024 it is styled Assimilated Rome I—the alteration is in title only; the regulation’s provisions are unchanged. Authorities may use either label, and for convenience this Practice Note uses UK Rome I. For information on assimilated law, see Practice Note: Assimilated law. This Practice Note explains when and why UK Rome I, Regulation ( EC) 593/2008 was introduced. It addresses the...
Incorporated v unincorporated charities Charities commonly adopt a range of incorporated and unincorporated forms. Corporate forms eligible for charitable status include: a charitable company (almost always a company limited by guarantee) a co-operative society or community benefit society (formerly termed industrial and provident societies) charity trustees incorporated under Part 12 of the Charities Act 2011 ( CA 2011) a charitable incorporated organisation (ie the limited-liability model created by Part 11 of CA 2011), requiring registration solely with the Charity Commission a body corporate established by Act of Parliament or Royal Charter (eg the Official Custodian for Charities) Unincorporated charities take one of two forms: a charitable trust; or a charitable unincorporated association Charitable company A charitable company may enter into contracts, execute deeds and issue other documents in the same way as any company formed under the Companies Acts......
This Practice Note This Practice Note sets out who holds ownership of IP generated in the course of employment. It then outlines the legal position and prevailing practice for businesses when securing IP rights from employees and contractors, highlighting key considerations. It further offers practical guidance on the principal IP clauses and related provisions commonly found in employment contracts and contractor agreements, as well as practical steps. On a day-to-day basis, employees, consultants and contractors create valuable IP for organisations as part of their assigned duties and responsibilities within their roles. For example: R& D personnel may devise inventions that are capable of being protected by patent. They may also develop new formulae, recipes or algorithms, or design novel methods or processes to make operations more efficient. If these are kept confidential, significant rights can exist as know-how or trade...
Types of patent claims Patent claims fall into two principal classes: product claims and process claims. Section 60(1) of the Patents Act 1977 recognises that these two claim types attract distinct scopes of protection. Beyond this basic division, claims can also be grouped according to their specific configuration or characteristics. These configurations and characteristics have developed through case law, patent office practice and legislative developments. This Practice Note outlines several of the key claim forms practitioners most frequently meet. Claims to products A product claim targets a thing per se, such as an article, machine, substance or composition. These claims require the item to include specified technical features, whether structural or functional, to set it apart from what is known. Structural features concern the product’s physical attributes, while functional features relate to what the product can achieve. Any structure capable of performing the stated function may fall...
The legal framework This Practice Note outlines the rules of trade mark law governing parallel trade. Parallel imports—often called ‘grey market’ products—are authentic items put on sale by, or with the approval of, the rights holder, but later brought into a specific market for resale without that holder’s permission. They are distinct from counterfeits or ‘black market’ items. For guidance on counterfeit goods, see: Anti-counterfeiting—overview. Key rules derive from the Treaty on the Functioning of the European Union ( TFEU) and Directive ( EU) 2015/2436, which regulates national trade mark registrations across Member States and is given effect in the UK through the Trade Marks Act 1994 ( TMA 1994). This Practice Note details how UK trade mark law addresses parallel imports. It examines the circumstances in which a trade mark proprietor’s rights are exhausted and when the rights holder can block grey market goods from...
This Practice Note delivers practical guidance on the valid execution of simple contracts and deeds by liquidators. A liquidation may be: insolvent (where a company cannot meet its debts or its liabilities exceed its assets), or solvent It may be initiated by court order (compulsory liquidation) or out of court (voluntary liquidation). For information on each type, see: Compulsory liquidation—overview Creditors' voluntary liquidation ( CVL)—overview Members' voluntary liquidation ( MVL)—overview Quick view The outline below summarises execution formalities relevant to liquidators and indicates where corresponding precedent execution clauses are located. For fuller detail, navigate to the document type via the links in the first column. Simple contracts: May be made by the company (see section 43(1)(a) of the Companies Act 2006 ( CA 2006)). Under the...
This Practice Note explores applicable law clauses—also called governing law clauses, proper law clauses or choice of law clauses. It explains why parties agree an applicable law clause and the key matters to weigh up. It also provides insight into circumstances in which parties may alter the applicable law clause in their contract, and considers whether floating applicable law clauses and stabilisation clauses are effective. For an introduction to applicable law, see Practice Note: Applicable law—a guide for dispute resolution practitioners. Contracts may include a single provision combining jurisdiction and applicable law. For guidance on jurisdiction clauses, see Practice Note: Jurisdiction agreements—introduction. What is an applicable law clause? An applicable law clause records the parties’ agreement, reached during contract negotiations, specifying which country’s laws the courts are to apply if a dispute arises between the contracting parties and proceedings are commenced that require a...
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 Practice Note provides practical guidance on the proper execution of documents by non- Companies Act corporations This Practice Note offers practical direction on executing documents correctly for corporations outside the Companies Act. Such corporations arise under statute, like local authorities and building societies. A corporation has a legal identity distinct from its members, enabling it to enter contracts, own property, and bring or face proceedings in its own name. Here, the focus is on corporations aggregate (groups of persons) rather than corporations sole (a single office-holder). The expressions ‘body corporate’ and ‘corporation’ are broad and include entities constituted by: Statute: including building societies, co-operative or community benefit societies (formerly industrial and provident societies), and friendly societies A general Act of Parliament: such as local government authorities, corporations overseeing public services and industries, bodies with general administrative and advisory roles, and certain entities carrying out special...
This Practice Note explores the definition, interpretation and practical use of conditions precedent in commercial arrangements. It also reviews common conditions precedent and key drafting considerations... What are conditions precedent? In a commercial contract, a condition precedent identifies an event that must occur before either: the contract itself, or a party’s obligations under the contract, take effect Until that event is fulfilled, neither the agreement nor the relevant duty is binding. The leading authority on construing a condition precedent is Bremer Handelsgesellscheft Schaft mb H v Vanden Avenne Izegem PVBA [1978] 2 Lloyd’s Rep 109 (not reported by Lexis Nexis®). There, Lord Wilberforce explained that whether a clause amounts to a condition precedent, or is some other form of contractual term, turns on: (i) the wording of the clause, (ii) its place within the agreement as a whole, and (iii) broader legal...
This Practice Note offers hands-on guidance on what is required for a company seal. If a company keeps a seal and chooses to use it, practitioners must check it meets the applicable provisions of the Companies Act 2006 ( CA 2006). Do note, not every company holds a seal, and those that do are not required to execute simple documents under seal, where appropriate and necessary. For more detail, see Practice Note: Execution formalities—companies. We have developed a comprehensive, interactive collection to help users pinpoint and navigate key concepts and frequent issues when executing documents, including guidance on using a company seal. It brings together practical guidance, relevant precedent clauses and Q& As for each section or phase, enabling users to work methodically through that stage. For further information, see: Execution collection for...
A central tenet of EU competition law is that rival undertakings operate on markets without coordinating their conduct. Generally, active rivalry is expected to deliver maximum consumer welfare, allocate resources most efficiently and, in the context of the EU single market, advance deeper market integration. The European Commission (the Commission), along with other regulators such as national competition authorities, is therefore cautious about arrangements that could soften competitive pressure or remove the commercial uncertainty that should exist between competitors. Nevertheless, businesses may have sound reasons to conclude agreements that include provisions or obligations with the potential to limit competition. This is particularly so where such arrangements are designed to create or encourage beneficial outcomes (efficiencies) that would not materialise in the absence of the restriction embedded in the agreements. Cooperation may sometimes be needed to realise otherwise unattainable...
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...
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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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