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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. How does Brexit impact supply of goods? Brexit influences the supply of goods wherever movements cross between the UK and the EU, as fresh trading frameworks between the UK and EU have applied since 1 January 2021. Parties should review goods supply contracts, in particular where they touch on intellectual property, data protection and competition law issues. Sector-specific factors and chosen routes to market will also require attention. For manufacturers, updates to product safety and conformity arrangements will be critical. A gradual divergence in product liability is likewise expected over time. Contracts for the supply of goods The rules governing business-to-business supply contracts stem from UK law; therefore, agreements for purely domestic supplies (that is, goods traded between two UK-based entities) are, in the main, unaffected by Brexit. From IP completion day, the UK is treated as a third...
Retained EU Law ( Revocation and Reform) Act 2023 The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) overhauls the framework set by the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It has a marked effect on the status and treatment of what had been retained EU law ( REUL); from 1 January 2024, by virtue of the Act, this is recognised as assimilated law. The legislation also confers a broad set of powers enabling the further amendment, repeal, and substitution of assimilated law over time. REUL( RR) A 2023 came into force in part on 29 June 2023, with additional provisions taking effect on 29 August 2023, and the remaining elements commencing on appointment. It was brought into force on 1 January 2024, save for section 6 ( Role of courts). For...
STOP PRESS: With effect from 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are now operative. Procurement exercises launched on or after that date must, without exception, proceed under PA 2023, whereas those initiated under the previous regime—including the Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be procured, administered and managed in accordance with that legislation. The Cabinet Office has likewise refreshed and republished its collections of standard contract documents, templates and guidance materials for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were issued in tandem with the PA 2023 ‘go‑live’ on 24 February 2025. This Practice Note will be updated shortly to reflect and incorporate these developments. In the meantime, see News...
Boilerplate provisions in public sector contracts This Practice Note examines key clauses on payment of subcontractors within public sector contracts. For further guidance on what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, consult Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform Procurement Act 2023 ( Commencement No 3 and Transitional and Saving Provisions) ( Amendment) Regulations 2024 ( SI 2024/959). The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14, and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of the PA 2023 are now operative. Accordingly, procurements started on or after that date must proceed in accordance with PA 2023. The pre-existing public procurement regime...
The highly regulated nature of the life sciences industry Intense regulation within life sciences creates countless avenues for enforcement where ethical standards or legal duties are breached. Organisations must understand and meet their compliance responsibilities, and, at times, those affected by regulatory action may seek to contest the outcome. Sanctions can compel a life sciences company to undertake expensive remediation, pay heavy penalties and endure damaging negative press. They can also strain contractual and trading arrangements; moreover, those under supervision must manage continuing relationships with regulators with care. Operators spanning the UK and EU require insight into domestic requirements and the stance adopted by local authorities. Clients now encounter escalating enforcement exposure, intersecting frameworks and tangible individual and corporate liability. Enforcement risk in life sciences is no longer compartmentalised. If matters unravel, the fallout is rapid, visible and costly....
This Practice Note seeks to clarify what is meant by ‘jurisdiction’ in the context of cross-border disputes arising in litigation before the courts and related procedural matters. It sets out why identifying the proper forum matters and how the courts of England and Wales (the English courts) assess whether they have authority to hear a given claim or determine a specific dispute. Several jurisdictional regimes may govern, and pinpointing the correct one can be challenging in practice from the outset. Even after selecting the relevant regime, working through its scope and operation is not always straightforward, both procedurally and substantively, in application and practice. This Practice Note assists by identifying the principal regimes and addresses related matters, including jurisdiction agreements, a defendant’s domicile, staying proceedings in favour of a competent court, or seeking a declaration that a court lacks...
This Practice Note explores the operation of the Hague Convention on Choice of Court Agreements when jurisdictional questions arise in practice. It reviews the varieties of jurisdiction clauses and assesses whether they fall within the Convention’s scope. It then explains the duties placed on the court named in an exclusive jurisdiction clause (the chosen court), together with the responsibilities of courts seised where they are not the designated forum (non‑chosen courts). The Practice Note also addresses the availability of anti‑suit injunctions under the Convention and how the Convention is applied in disputes involving multiple parties and interests. It should be read in conjunction with Practice Notes: Hague Convention on Choice of Court Agreements—application by contracting states and Hague Convention on Choice of Court Agreements (jurisdiction and enforcement)— Brexit considerations. An explanatory report on the Hague Convention on Choice of Court...
This Practice Note is a ‘how to’ guide on executing simple contracts which signposts relevant content. It offers an overview of what is needed for effective execution, from initial checks, to signposting the formalities for different types of entity, alongside further legal factors and hands-on tips for signing a contract. While many agreements need not be written, some do; and, as a rule, putting terms into a signed document is advisable to promote certainty, deal with points raised in bargaining, and set out the bargain reached. For broader, introductory help on executing simple contracts, with pointers to related materials, see also Practice Note: Executing documents—deeds and simple contracts. We have assembled a collection that serves as a thorough, interactive tool to support users in spotting and navigating the concepts and recurring issues that arise on document execution. Each stage or step contains...
This Practice Note introduces supplementary protection certificates ( SPCs) and paediatric extensions ( PEs) in the EU. It sets out why they were created, when and how to seek them, and their duration. It also reviews leading Court of Justice rulings interpreting Regulation ( EC) 469/2009 and Regulation ( EC) 1610/96, the regimes governing SPCs for medicinal products and plant protection products ( PPPs) in the EU... Supplementary protection certificates ( SPCs) What is an SPC? An SPC continues the protection afforded by a patent for a specific medicinal or plant protection product for up to five years, subject to meeting defined criteria (see: Conditions for obtaining an SPC in an EU Member State below). It does not prolong the patent term for subject-matter beyond the SPC’s scope and is therefore not a ‘patent term extension’ in itself. The rights conferred by an SPC in...
This Practice Note offers hands-on guidance on correctly signing simple contracts and deeds for limited partnerships established under the Limited Partnerships Act 1907 ( LPA 1907). We have created a collection that serves as a thorough, interactive tool enabling users to pinpoint and navigate the concepts and recurring issues arising on document execution. Each stage or step contains practical guidance, model clauses and Q& As pertinent to that part. For further details, see: Execution collection. Background Limited partnerships are a distinct form of partnership regulated by LPA 1907, which expressly retains the provisions of the Partnership Act 1890 ( PA 1890) and the equitable and common law rules applicable to partnerships, save where they conflict with the express terms of LPA 1907. Limited partnerships are extensively used in private equity and venture funds as investment fund vehicles. For broader background on limited...
How to Guide This Practice Note is a practical ‘how to’ on putting in place a power of attorney for a commercial deal and points readers to related material and supplementary guidance throughout. It flags relevant topics, such as what a power of attorney is, initial considerations, and drafting the instrument (covering the parties, scope of authority, substitution and delegation, duration, revocation, ratification and indemnity), as well as authorisations, cross‑border transactions and day‑to‑day practicalities, among other matters, as appropriate. A power of attorney is a device for conferring authority to act when the authorised individual is unavailable to act or sign a document. It exemplifies an agent’s express actual authority to act for a principal (see Practice Note: Forming enforceable contracts—agent's authority to contract). This ‘ How to Guide’ offers a high‑level primer on preparing powers of attorney for commercial matters and may suit...
Trade mark rights before and after Brexit The aim of this Practice Note is to set out, at a glance, a summary of the various trade mark rights available in the UK before and after Brexit. From IP completion day (11.00 pm on 31 December 2020), the UK stopped participating in the EU trade mark ( EUTM) regime. Accordingly, the UK is no longer within the territory covered by an EUTM and is no longer subject to Regulation ( EU) 2017/1001, which was revoked on IP completion day by the Trade Marks ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/269. In consequence, the UK introduced a system under which holders of EUTMs on IP completion day automatically became proprietors of comparable UK trade marks. The same position applies to international trade mark registrations designating the EU. For further information about EUTMs, see: Trade marks ( EU...
This Practice Note offers an overview of the application and purpose of the UK law on unjustified threats. Anyone issuing a letter or other communication that alleges, or even suggests, infringement of an IP right in the UK should be mindful of the possibility of a threats claim (or counterclaim) being made against them. Outline of the threats regime From 1 October 2017, the UK threats regime has been governed by the reforms brought in by the Intellectual Property ( Unjustified Threats) Act 2017 ( IP( UT) A 2017). Under IP( UT) A 2017, a communication constitutes a ‘threat of infringement proceedings’ if a reasonable person in the recipient’s position would understand that: an IP right exists (a patent, a registered trade mark, a registered or unregistered design, or a published application for any of these), and someone intends to commence proceedings (in a UK court or...
This Practice Note This ‘how to’ resource on executing deeds directs you to the pertinent materials and guidance. It outlines what constitutes a deed, the criteria for validly executing one, signposts the execution rules for various bodies, notes further legal factors, and highlights practical tips for carrying out execution in practice. A deed is a particular type of written instrument required for specified dealings. To be valid and enforceable, deeds must be executed in line with statutory and common law formalities that demand more than a mere autograph. For wider, general guidance on executing deeds, with links to connected materials and in-depth commentary on deeds, see also Practice Note: Executing documents—deeds and simple contracts. We have created a collection that serves as an extensive, interactive tool to help users recognise and navigate the concepts and recurring issues when executing documents. Each stage or phase provides...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out how to assess and adjust key contractual provisions so they are fit for use after 11 pm on 31 December 2020, the moment (known as IP completion day) when the implementation period for the UK’s departure from the EU concluded. It is primarily designed to support organisations updating their standard form contracts for post‑ IP completion day use, rather than revising live agreements, though it may assist with those too. While the underlying legal landscape has shifted considerably, most contracts are largely unaffected and English contract law itself remains unchanged. The Trade and Cooperation Agreement ( TCA) between the EU and the UK concerning their future relationship does not materially alter the consequences of the end of transition. For more detail, see: LNB News 24/12/2020 76 and LNB News...
Background This Practice Note offers an overview of the main comparative themes between the UK and the EU regarding patents and supplementary protection certificates ( SPCs), emerging since the UK’s exit from the EU on 31 December 2020 ( IP completion day). For comparisons of other IP rights across the UK and EU, refer to the following Practice Notes: Copyright and databases— UK/ EU comparison Trade marks— UK/ EU comparison Designs— UK/ EU comparison Across the EU, IP law is extensively harmonised. Before Brexit, numerous elements of UK IP law aligned with the EU framework, and some unitary EU IP rights (including EU trade marks and EU designs) applied and could be enforced in the UK. On 31 January 2020, the UK left EU membership. Under the Withdrawal Agreement, an 11‑month implementation period followed, ending at 11 pm on IP...
This Practice Note outlines retained EU law as it operated in 2021–23, setting out key definitions and concepts with pointers to the relevant provisions of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). It further considers the overhaul of retained EU law and its re-labelling as assimilated law from 2024. Wider aspects of the EU( W) A 2018, together with the distinct arrangements and divergences for the UK’s devolved administrations, fall outside the scope of this Practice Note. Evaluation of particular instruments, provisions or rights, and whether they are retained, is likewise excluded. what’s the difference? Both “retained EU law” and “assimilated law” describe the residual body of domestic law that originally stemmed from the UK’s membership of the EU. The labels mark two phases in the domestic legal system’s adjustment to...
ARCHIVED : This archived Practice Note examined the consequences of the UK's withdrawal from the EU at the close of the implementation period on 31 December 2020. It sets out the position for proceedings in the sphere of civil and commercial matters. It reviews the operation in the UK of EU law and international conventions, and signposts core considerations when dealing with: applicable law jurisdiction service of documents taking of evidence mediation cross-border process recognition and enforcement of judgments It is also essential to recognise that the ramifications are not confined to EU Member States. They extend to the other contracting states to the Lugano Convention 2007 ( Iceland, Norway and Switzerland) and, in certain situations, to contracting states to the Hague Convention on Choice of Court Agreements ( Mexico, Montenegro and...
Pharmaceutical patents This Practice Note examines pharmaceutical patents and the implications of regulatory regimes governing the authorisation of new medicinal products. Pharmaceutical patents (pharma patents) typically address: chemical compounds that are effective in treating disease therapeutic uses of those compounds in managing illnesses formulations that present the compounds as medicines processes for manufacturing the compounds For detail on patents covering new chemical entities and small molecules, see Practice Note: Patents for new chemical entities and small molecules; for biotechnology-focused protection, see Practice Note: Biotechnology patents. Notwithstanding Brexit, the UK remains within the European patent architecture because the European Patent Office ( EPO) and the European Patent Convention ( EPC)—the treaty that sets out the procedure for granting European patents via the EPO—operate independently of the EU. The UK is now simply another non‑ EU EPC contracting state, alongside Norway,...
What is meant by ‘personalised medicines’? The expression ‘personalised medicine’, sometimes called ‘targeted medicine’, commonly refers to therapies aimed at rare conditions. As outlined in this Practice Note, these medicines often involve small‑molecule products repositioned for fresh indications or for subsets of existing patient cohorts that share a predictive biomarker of disease. They can also be biological medicines characterised by functional attributes. Such products present distinct challenges for securing patents and for patent enforcement, some of which are yet to be determined by the English courts. This Practice Note also sets out the limits of patent protection and supplementary protection certificates ( SPCs) for these approaches, and signposts other rights relevant to research in this field, including the protection afforded by data and market exclusivity. What are rare diseases? Rare diseases are conditions that affect a small minority of the population. In the US, a rare...
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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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