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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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Data security sits at the heart of the UK General Data Protection Regulation ( UK GDPR). The sixth data protection principle — integrity and confidentiality — obliges you to implement suitable technical and organisational steps so that personal data is handled with appropriate safeguards and security when processed, including: protection against unauthorised or unlawful processing accidental loss, destruction or damage This Practice Note draws on ICO guidance regarding personal data breaches under the UK GDPR. It also incorporates further practical pointers and information drawn from ICO guidance on managing data security breaches issued under the previous data protection regime; that guidance has now been withdrawn. The Practice Note additionally aligns with materials from the European Data Protection Board ( EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be...
This Practice Note offers additional guidance on the principal definitions found in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR). For a high-level overview of UK data protection legislation, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and Data protection law—new starter guide. The UK data protection law collection brings together further general guidance and is a recommended first point of reference for research. Scope of this Practice Note Given the significant volume of data moving between the UK and the EEA, corresponding EEA data protection rules remain particularly relevant to UK practitioners. There continues to be substantial similarity between: the EU GDPR (which was applicable under UK laws until the close of the Brexit implementation period at 11 pm UK time on 31 December 2020 and still applies within the EEA) the UK GDPR...
This Practice Note This Practice Note outlines how the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) operates differently for ‘public bodies’ (defined in the UK GDPR and also referred to as ‘public authorities’) and other public sector entities, when compared with private sector organisations. ‘ Assimilated law’ is the label applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related terminology) as assimilated law signifies a shift in its status and handling under UK law, namely that it is to be read by reference to ordinary domestic law and principles. From 1 January 2024, REUL becomes ‘assimilated’ into domestic law because, in general, it is divested of EU-derived interpretive effects (for example, the supremacy of EU law, directly effective rights, and the general...
Data Protection Principles This Practice Note outlines how the Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Freedom of Information Act 2000 ( FIA 2000) operate within the Higher Education Sector, including universities. It proceeds on the basis that readers already understand core UK GDPR concepts such as: controller data subject personal data processing processor For more detail on these expressions, follow the links above to the relevant sections of Practice Note: Key definitions under UK data protection law. For broader introductions to data protection, see Practice Notes: Data protection law—new starter guide and Introduction to the EU GDPR and UK GDPR. The UK data protection law collection brings together additional general guidance on the UK GDPR framework and is a recommended first port of call for data protection...
Following the UK’s EU membership referendum on 23 June 2016, in which 52% backed leaving the EU, the government formally published the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018). The Act set out a suite of legislative measures linked to the UK’s departure from the EU, aimed at keeping the statute book workable after Brexit. As a general position, overall, broadly, the legal framework in force immediately after exit day—11 pm on 31 January 2020—mirrored that in place before exit day, and continued to do so until the implementation period completion date of 11 pm ( GMT) on 31 December 2020 ( IP completion day)......
This Lexis+® UK Local Government feature preserves a historical log of current awareness, consultations, legislation and developments monitored by the Education tracker, spanning the full education landscape from early years foundation stage ( EFYS) through to further and higher education. It does not address the impact of coronavirus ( COVID-19), which is covered in the Coronavirus ( COVID-19)—education tracker [ Archived] and the Coronavirus ( COVID-19)—education tracker 2020 [ Archived]. Once news, consultations and other updates are no longer current, they move to the Education tracker archive. Secondary legislation is archived two months after it comes into force, while cases and primary legislation are archived 12 months after commencement or once judgment is handed down. See Practice Notes: Education tracker 2019 [ Archived], Education tracker 2018 [ Archived], Education tracker 2017 [ Archived] and Education tracker 2016 [ Archived]. For ease of use, the...
ARCHIVED This Practice Note is archived and is no longer maintained. This Lexis+® UK Local Government resource preserves a historical record of current awareness, consultations, legislation and developments tracked by the Education tracker from 2018. Material from 2017 can be found in the Education tracker 2017 [ Archived]. For ease of reference, the tracker is organised into the following sections: Legislation and statutory guidance Consultations and developments of interest Cases Legislation and statutory guidance Further and Higher Education Higher Education ( Transparency Condition and Financial Support) ( England) Regulations 2018, SI 2018/1382 — 20 December 2018. This statutory instrument provides that the Office for Students ( Of S) must ensure the ongoing registration conditions for each registered higher education provider in the ‘ Approved’ or ‘ Approved (fee cap)’ parts of the Of S register in England include a transparency condition. It also...
This Practice Note introduces design law and outlines the range of UK design rights, both registered and unregistered, that right holders may invoke. For further details on registering designs and on dealings in designs, see: Design transactions and management—overview. For guidance on disputes, see: Design disputes—overview. What are design rights? Design rights safeguard the shape, configuration, or visual appearance of all or part of a product/article, as distinct from how it functions. The purpose of design law is to prevent others from producing items made to the design or generating the same overall impression as the original. This Practice Note summarises the different registered and unregistered design rights available to right holders in the UK. Design rights currently available in the UK The design rights currently available in the UK include: UK registered designs (including re-registered designs and re-registered international designs) UK...
This new starter guide sets out the fundamentals of database right law. It highlights the core principles and directs you to numerous Lexis+ UK sources and materials for fuller guidance. It is designed for trainee solicitors, paralegals, and those beginning to work with database right law. Information on other IP rights, including other new starter guides, is available in Practice Note: Intellectual property ( IP)—new starter guide. Those new to IP will also find the topic Overviews Database transactions and management—overview and Database disputes—overview useful. Where issues fall beyond this basic guide, go to the IP homepage and select Databases under ‘ Topics and Tasks’ to explore the Databases topic’s subtopics: Database transactions and management Database disputes This guide also includes links to help you get the most from the IP practice area’s materials, including how to contact the Lexis Ask...
UK databases—scope, Brexit and assimilated law Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 ( IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained EU law—under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union ( Withdrawal Agreement) Act 2020 amended the EU( W) A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to...
This tracker centred on social care and was created to monitor major developments, statutes, guidance, parliamentary briefing notes and other materials of interest connected to COVID-19 and social care, insofar as they mattered to local government solicitors. It served as a straightforward reference hub for pertinent content for practitioners operating within or alongside local authorities throughout the COVID-19 pandemic up to the so‑called ‘freedom day’, 18 July, which marked the end of most formal legal restrictions then in place at that time. For a navigation list of all archived local government COVID-19 trackers, see: Coronavirus ( COVID-19)—local government tracker up to 18 July 2021 [ Archived]. For current COVID-19 guidance, see Practice Note: Coronavirus ( COVID-19)—local government tracker—post July 2021. Primary legislation Development: Coronavirus Act 2020, s 15 (and Sch 12) When in force: Brought into force by provisions below Find out more: Impact of the...
ARCHIVED ARCHIVED: This Practice Note is archived and not maintained. It tracks domestic legislation introduced by the UK government in response to the coronavirus ( COVID-19) pandemic, and includes a Coronavirus SI database compiling details of pertinent draft and made secondary legislation laid before Parliament. Quick links Click the links below to go to the relevant section: Coronavirus legislation Coronavirus SI database Coronavirus Act 2020 Coronavirus Act 2020—commencement tracker Bill Tracker Coronavirus legislation In addition to the Coronavirus Act 2020 (see below), the government has used delegated powers to introduce and deliver further coronavirus measures through secondary legislation. The chief vehicle is statutory instruments ( SIs). These SIs are made under varied enabling powers for multiple purposes, for example to modify existing UK law and to implement new or revised domestic policy prompted by the outbreak, including in public health,...
This new starter guide introduces copyright law and signposts further Lexis+® UK materials offering fuller coverage. It is for trainee solicitors and anyone new to copyright. Information on other intellectual property ( IP) rights, including additional starter guides, appears in Practice Note: Intellectual property ( IP)—new starter guide. Where topics fall outside this guide, consult the two Copyright subtopics: Copyright & associated rights transactions and management Copyright disputes For summaries of these areas, see: Copyright & associated rights—overview and Copyright disputes—overview. The guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact the Lexis Ask team. Introductory materials For an introduction to copyright law, see Practice Notes: Copyright—subsistence and qualification Copyright—protectable works Copyright—authorship and ownership Duration of copyright Copyright infringement ...
This Practice Note This Practice Note is aimed at commercial lawyers who are not specialists in intellectual property ( IP). It introduces copyright and related rights in the UK, outlining what copyright is, how it comes to exist, and how to protect, transact, manage and exploit it. If you are a specialist IP lawyer, refer instead to the Copyright & associated rights—overview and Copyright disputes—overview, together with the documents they reference. Using this Practice Note This Practice Note is broadly arranged into five principal sections covering: Subsistence of copyright (copyright is not a registered right): eligibility of works, qualifying categories and qualification generally Maintaining copyright: the term of protection, copyright notices and policies Dealing with copyright in agreements: assignments, licences and collective licensing Asserting copyright: disputes, exceptions (permitted acts), defences and remedies for infringement Rights associated with copyright: moral rights and...
Introduction This Practice Note sets out the UK framework for corrective action on consumer product safety, in particular covering: when and how to notify the relevant authorities about a product safety concern the applicable guidance for undertaking risk assessments the remedial steps that should, or must, be taken when a product is found to be unsafe Traditionally, product safety authorities in the UK have not been especially proactive. The enforcement landscape is, however, continuing to shift: recent years have brought heightened political and public attention to product safety, for example after multiple house fires, culminating in the tragic Grenfell Tower fire in January 2018, the government created the Office for Product Safety and Standards ( OPSS), the UK’s national product regulator. Its core purpose is to protect people and places from product-related harm, while enabling trade and growth by...
Introduction Climate change describes prolonged shifts in global temperatures and weather patterns. These may occur naturally, for example through changes in the solar cycle. Since the 1800s, however, human activity has been the principal driver of climate change, chiefly through burning fossil fuels such as coal, oil and gas. Their combustion releases carbon dioxide ( CO2) and methane ( CH4), which trap heat in the atmosphere and are commonly called greenhouse gas ( GHG) emissions. Clearing land and forests also releases CO2 that would otherwise remain stored in trees and soils. Energy, industry, transport, buildings, agriculture and land use are among the largest GHG sources. Rising global temperatures are bringing more extreme weather, including heatwaves, drought, and increasingly intense, devastating storms, occurring more often. In turn, these lead to water scarcity, severe fires, melting polar ice and flooding. The impacts are felt by people and nature at...
For comprehensive analysis of the regulation, consenting and incentivisation of the net zero energy transition under the laws of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers an in-depth exploration of matters addressed in this Practice Note. What is carbon capture, usage and storage ( CCUS)? The term CCUS is sometimes described as ‘carbon capture and storage’ ( CCS); broadly, CCS represents a narrower subset within the same sector. CCS describes a range of processes that capture and store CO 2 emissions from industrial activities......
The Bribery Act 2010 ( BA 2010) Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s ( OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 ( BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs......
Scope This Practice Note reviews the technical, environmental and economic aspects of biomass heating. For information on biomass combined heat and power, see Practice Note: Combined heat and power—technology. What is biomass heating? Biomass heating involves burning organic, non-fossil materials to produce heat. In principle, a range of fuels can be used, including: animal dung domestic and industrial waste biodiesel wood Biomass heating is viewed as very low carbon and forms a significant element of the UK’s plans to reduce carbon emissions. This note concentrates on technologies at commercial scale commonly adopted in the UK that use biomass as wood chips or pellets, although much of the detail is also relevant to domestic situations. Wood chips and pellets are two prevalent biomass fuels. Wood pellets are produced from sawdust, compressed into short cylinders, and offer greater uniformity than wood chips. Pellets are denser, more...
This archived tracker was created to monitor significant developments, legislation, guidance, parliamentary briefing notes and other material linked to coronavirus ( COVID-19) and public procurement up to the so‑called ‘freedom day’ on 18 July 2021, when most legal restrictions ended. It serves as a simple point of reference for lawyers working on public procurement during the coronavirus outbreak. The tracker has been archived and is no longer maintained. For related guidance and further reading, see: Practice Note: Coronavirus ( COVID-19)—local government tracker—post July 2021. Procurement policy notes Welsh Procurement Policy Note 01/21: Sourcing steel in major construction and infrastructure projects in Wales ( WPPN 01/21), 8 March 2021 — Welsh Procurement Policy Note sets out actions for contracting authorities sourcing steel. The Welsh Government published Welsh Procurement Policy Note 01/21: Sourcing steel in major construction and infrastructure projects in Wales ( WPPN 01/21)....
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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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