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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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CASE HUB ARCHIVED – this page captures the status as at the 14 March 2019 decision and is not being updated. For more, see the timeline, commentary and related cases. Case facts Outline CMA Article 102 TFEU/ Chapter II probe concerning Merck Sharp & Dohme Limited, regarding suspected abuse of dominance via an anti-competitive discount programme for Remicade (a type of biological medicine known as infliximab). Latest developments On 14/03/2019, the CMA ended the case and delivered a ‘no grounds for action’ decision. This followed the case decision group’s view that MSD’s scheme was not likely to restrict competition from rivals. Parties Merck Sharp & Dohme Limited ( MSD) is a pharmaceutical company, ultimately owned by Merck & Co., Inc., a US-based global pharmaceutical group, and one of the largest pharmaceutical companies...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
What is the World Trade Organization ( WTO)? The WTO oversees trade agreements that regulate commerce between states. It is also a venue for governments to negotiate bilateral or multilateral trade agreements and to settle trade disputes, helping countries trade with as little friction and disruption as possible. For background reading on the WTO, see: WTO— Who we are and WTO— In brief. The WTO came into being on 1 January 1995, though its trading rules are older. The General Agreement on Tariffs and Trade ( GATT) has provided a framework for global trade in goods since 1948, amended through successive negotiating rounds. Talks in the mid-1980s and early 1990s, known as the Uruguay Round, sought to extend the system to services and intellectual property. That round concluded with an agreement signed on 15 April 1994 by most of the 123...
This Practice Note provides a summary of the key aspects of the Data ( Use and Access) Act 2025 ( DUAA 2025) from an information law perspective. DUAA 2025 obtained Royal Assent on 19 June 2025 and certain provisions commenced immediately. Most measures will only take effect once supporting secondary legislation is made. For details on the commencement timetable for DUAA 2025, refer to: LNB News 19/06/2025 46, LNB News 28/07/2025 33, and the Commencement section below. See the Parliament website for the Act’s text and the accompanying explanatory notes. The Act is arranged into seven parts: Part 1 concerns access to customer and business data, seeking to expand the use of ‘smart data’ beyond its current use in open banking in the finance sector Part 2 governs the provision of digital verification services by establishing a trust framework, a register of...
Legislation, consultations, guidance and reports What’s happening? When? This Practice Note monitors developments in significant court decisions, proposed legislation and ongoing consultations, alongside guidance and reports, covering patents and trade secrets within the EU. For UK-focused progress on judgments, legislative proposals, current consultations, guidance and reports relating to patents and trade secrets, see Practice Note: Patents tracker— UK......
Regulation ( EC) No 1223/2009 on cosmetic products, commonly referred to as the EU Cosmetic Products Regulation ( EU CPR), constitutes the primary EU regime for cosmetics marketed in the Union. This Practice Note outlines the Regulation’s scope and principal obligations. It sets out the concept of the ‘responsible person’, who must guarantee the product’s safety and full compliance with the EU CPR throughout every stage of cosmetic product development. It also addresses the prohibition on animal testing, cosmetic labelling rules and the standards applicable to product claims. The Note further highlights the European Commission’s recent initiative to revise the EU CPR... Scope The EU CPR has applied since 11 July 2013, except for Article 15(1) and (2), effective from 1 December 2010, and Article 16(3) second subparagraph, effective from 11 January 2013. As a directly applicable Regulation, no...
The rationale behind patents Patents safeguard novel inventions and are intended to drive innovation by rewarding the owner with a period of 20 years or more during which they can stop others from infringing—that is, making, using, importing or selling the invention without permission. For further guidance, see Practice Note: Patent infringement. In the UK, patents are granted after a formal filing and assessment. During this phase—known as patent prosecution—a patent examiner at the relevant intellectual property office (for example, the UK Intellectual Property Office or the European Patent Office ( EPO)) reviews whether the claimed invention is patentable (meets the patentability criteria) and whether the application satisfies specified formalities. Practice Notes: Patentability and exclusions from patentability Patent applications—how to obtain patent protection in the UK European patents—application procedure Following Brexit, the UK remains within the European patent system and may still be designated in European patent...
This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....
ARCHIVED This Practice Note is archived and not maintained. It records earlier key developments and guidance on Brexit affecting the life sciences sector, including withdrawn and no-deal materials, past government policy papers, industry reports, and details of the European Medicines Agency’s relocation. For updates on recent developments and guidance in this area, see Practice Note: Life sciences- Brexit tracker 2020–2022 [ Archived]. Jump to: Negotiations on the future EU- UK relationship Regulatory guidance UK government policy papers, documents and consultations UK Parliament inquiries, briefing papers and updates Industry and independent reports Relocation of the EMA Negotiations on the future EU- UK relationship The Political Declaration The Political Declaration, setting the framework for the future EU- UK relationship, was agreed by the UK and the EU in October 2019. Although non-binding, it highlights objectives relevant to life sciences,...
Having an online presence is essential for most brands. Most brands now market and sell online, either through their own sites or via marketplaces like e Bay and Amazon. They may boost visibility with key word advertising and maintain social profiles on Instagram, Facebook, X (formerly Twitter), You Tube or Tik Tok, often collaborating with influencers to build recognition. To safeguard reputation and make effective use of these channels, it is vital that IP rights are properly secured and enforced. As a result, a dedicated online brand protection strategy is indispensable for any business operating on the internet. This Practice Note provides guidance for brand owners developing an online protection plan. It highlights the key online risks-such as IP infringement and reputational harm-and proposes practical steps to address them. It outlines approaches to brand protection, portfolio management, compliance and ongoing monitoring. It also examines...
This Practice Note This Practice Note offers practical guidance for preparing a jurisdiction clause in a commercial, business-to-business ( B2B) contract. It explains what a jurisdiction clause is, why it is required and how it differs from governing law clauses. It outlines key drafting issues, including scope; whether to choose exclusive, non-exclusive or asymmetric jurisdiction; carve-outs to allow alternative dispute resolution; the effect of using the word ‘irrevocably’; waivers of forum non conveniens; the 2005 Hague Convention on Choice of Court Agreements; the 2019 Hague Judgments Convention; and the approach to clauses submitting to the courts of England and Wales where proceedings are brought outside England and Wales. This Practice Note does not address the position for jurisdiction clauses in business-to-consumer ( B2C) contracts. For more detail, see Practice Note: Governing law and jurisdiction in contracts with UK consumers. This Practice Note is...
This Practice Note serves as a horizon-scanning tool for monitoring how UK regulatory work advances towards a new domestic framework for medical devices. It collates legislative proposals, consultations, principal guidance, initiatives, and other regulatory and governance movements affecting devices in Great Britain ( GB) (ie England, Scotland and Wales) and across the UK. For updates on device developments featuring AI or digital health (including medical software and apps), refer to Practice Note: AI in life sciences and digital health tracker— UK. Horizon scanning overview Following the UK’s exit from the EU, the UK’s medical device regime has moved into a major phase of reform. Through the Medicines and Medical Devices Act 2021 ( MMDA 2021), ministers received delegated powers to modify the Medical Devices Regulations 2002 ( UK MDR), SI 2002/618, establishing the statutory footing for a comprehensive reset of the regulatory...
Good manufacturing practice ( GMP) Producers of medicinal products must adhere to defined minimum standards during manufacture. Collectively, these standards are called good manufacturing practice ( GMP). GMP ensures medicines are consistently high in quality, suitable for their intended purpose, and compliant with the conditions of the marketing authorisation ( MA) or clinical trial authorisation ( CTA). The principles of GMP apply to the manufacture of human and veterinary medicinal products, to the active substances used within such products, and to investigational medicinal products ( IMPs) (i.e. medicines used in clinical trials). This Practice Note reviews the legislation and guidelines that regulate the manufacture of medicinal products for human use, active substances and IMPs in the EU and the UK. References in this Practice Note to Member States include the Member States of the EU as well as Iceland,...
This Practice Note sets out the function of a notary, the process for notarising a document, and the concept of legalisation. For further detailed guidance, consult the following Practice Notes: notaries notarisation legalisation We have assembled a comprehensive, interactive collection to assist users in identifying and navigating concepts and recurring issues arising on the execution of documents. Each stage includes Practical Guidance, Precedent Clauses and Q& As tailored to that phase. For more details, see: Execution collection. Notaries A notary is a qualified lawyer whose principal role is to authenticate and certify signatures and documents, whether intended for use overseas or as certified copies. Notaries also administer and take oaths and affirmations, and may undertake certain reserved activities under the Legal Services Act 2007, including commercial and property matters, as well as family and private client work (but not...
Article 102 TFEU Across the EU, behaviour by single-firm or otherwise dominant businesses is controlled under Article 102 TFEU and applies throughout the Union. That clause bars undertakings that, alone or together, enjoy a dominant position in the internal market, or a material portion of it, from exploiting that power—absent objective justification—where such conduct may influence trade between Member States. Equivalent rules appear in Member States’ national competition regimes and closely mirror Article 102’s approach. Article 102 imposes a special responsibility on dominant undertakings, intended to ensure that powerful companies do not skew markets, deal unfairly with customers, or blunt competitive pressure by shutting out rivals, notably by: setting, directly or indirectly, unfair purchase or selling prices, or imposing other unjust trading terms, restricting output, markets, or technological progress to the detriment of consumers, applying unequal terms to...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention. Does the Convention...
This Practice Note is designed to monitor progress on European Health Data Space ( EHDS) developments, spanning legislative changes, stakeholder feedback (for example, the European Federation of Pharmaceutical Industries and Associations ( EFPIA) and Med Tech Europe), core regulatory guidance and initiatives, and relevant consultations... Overview of the European Health Data Space Regulation As the first sector-specific strand within the broader European strategy for data—alongside Regulation ( EU) 2023/2854, the EU Data Act, and Regulation ( EU) 2022/868, the EU Data Governance Act—the EHDS establishes a harmonised legal framework for accessing, exchanging, and using electronic health data ( EHD) across the EU. The European Commission presented the Proposal for a Regulation on the EHDS on 3 May 2022, and on 25 March 2025 Regulation ( EU) 2025/327 on the European Health Data Space, amending Directive 2011/24/ EU and Regulation ( EU) 2024/2847, entered into force,...
This Practice Note sets out practical guidance on the correct execution of simple contracts and deeds by administrative receivers... Quick view The summary below outlines the execution formalities relevant to administrative receivers and points to the location of matching precedent execution clauses. For more detail, navigate to the document type using the links in the first column... Document type: Simple contracts By the company ( Companies Act 2006, s 43(1)(a)): Using the company’s common seal, applied by the administrative receiver under the power in the debenture under which they are appointed — Execution clause—administrative receiver—contract ( Option 2). By the administrative receiver’s signature under the power granted in that debenture, signing in the presence of a witness — Execution...
This Practice Note outlines the nature of waiver and release within commercial contracts, distinguishes between them, and summarises the clauses that address waiver (commonly called a ‘no-waiver’ clause) and release. The waiver clause is widely recognised as a boilerplate provision aimed at preventing unintended waivers of legal rights from taking effect, including the right to terminate after a breach of contract. What does ‘waiver’ mean? In contract law, ‘waiver’ may carry different senses, but most often describes a concession granted by one party whereby it does not demand strict performance by the other of a contractual duty, whether before or after any breach of the term being waived. For discussion of other potential meanings, see: Waiver: Halsbury’s Laws of England [251]. Types of waiver Express Implied from conduct In either case, it must amount to an unequivocal representation arising from a positive and...
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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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