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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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Environmental law comprises the body of rules intended to protect the environment. It affects a local authority ( LA) through the LA’s own compliance responsibilities and because LAs hold statutory roles for consenting, enforcement and remediation across diverse environmental law regimes. This Practice Note assists practitioners working in or with LAs by describing scenarios in which environmental law issues might arise, and by offering guidance and links to the relevant environmental law content. Waste What is the LA’s duty in relation to the collection of waste? Subject to certain limited exceptions, waste collection authorities ( WCAs) in England and Wales have a statutory legal obligation to arrange for the collection of household waste and, where requested, commercial waste and industrial waste. Local authorities in England and Wales must also collect specified categories of waste, ensuring those types are collected separately as distinct streams. The...
This Practice Note compiles a consolidated set of key United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR)-compliant precedent terms, clauses, provisions, schedules and agreements, which can be tailored for commercial dealings and personal data sharing contexts. It also contains certain schedules intended for matters where both the UK GDPR and the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) apply, tackling both regimes within one contract by adopting the highest common denominator of the two compliance frameworks. It is structured as follows: controller to processor data processing arrangements controller to controller data sharing arrangements clauses for international transfers Consult the relevant document for details on when each is intended to be used. For a broad primer on data protection law that gathers key practical guidance, see: UK data protection law...
On receiving a request for information, the usual starting point is to decide whether the material sought is environmental information and, in turn, whether the request should be handled under the Environmental Information Regulations 2004, SI 2004/3391 ( EIR 2004) or the Freedom of Information Act 2000 ( FIA 2000). For more help on this first step, see Practice Note: Environmental Information Regulations 2004—what is environmental information? This Practice Note concentrates on the next actions a public authority ought to take once a request for environmental information arrives. The role of information officers and teams in public authorities Public authorities should make sure that their employees and contractors are informed about the duties imposed by the EIR 2004, so that they recognise the importance of information requests. For additional guidance, refer to paragraph 1 of the Code of Practice on the Discharge of the...
IP rights must be actively safeguarded and enforced to preserve their value. This Practice Note explores the enforcement of your IP rights. It outlines why prevention, surveillance and the gathering of infringement evidence matter, before setting out practical options for responding to an infringement. For guidance on protecting IP, see Practice Note: How to protect your IP. For fuller guidance on disputes, see Practice Note: How to run an IP dispute. What is IP infringement? When IP rights are breached, this is commonly called IP infringement. It arises where protected products, works or inventions are exploited, copied or otherwise used without the right holder’s permission or consent. Most infringements are civil matters; however, some conduct can amount to a criminal offence. Criminal IP offences usually involve dealing in fake branded (ie counterfeit) or pirated products. For more detail, see Practice Notes: Trade mark offences and...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
What is a Royal Charter? The meaning of the term ‘ Royal Charter’ has shifted over the centuries. At first, it was the method by which the Crown bestowed corporate personality on bodies of persons undertaking activities for public, or private, benefit. In contemporary use it largely signifies an honorary status, awarded to distinguished professional bodies or charitable organisations that can show a record of achievement and are regarded as financially sound by the Privy Council. The expression is also applied to municipal charters, which create towns and cities. Historical usage Securing a Royal Charter was the earliest route to obtain corporate personality for bodies of persons carrying out activities for public, or private, benefit. Key early grants included: The University of Cambridge in 1231 for public benefit; The Sadlers Company in 1272 for private benefit. Beyond educational institutions, such as...
Expert determination is a form of alternative dispute resolution ( ADR). This Practice Note outlines expert determination for technical or contract interpretation disputes. It describes the process, addresses how the parties agree to select or appoint the expert, and considers the expert’s jurisdiction. It also covers the binding effect of the expert’s decision, as well as procedure, limitation and potential claims against experts. For general guidance on ADR and other options, see the following Practice Notes: What is ADR? Which form of ADR? What is expert determination? Expert determination is a binding mechanism where an independent expert in the relevant discipline decides a dispute between parties in accordance with provisions they have agreed. It is most often used where an existing agreement provides for referral of a particular issue to an expert. It is especially suited to technical disputes, such as: Rent...
This ‘ How to’ guide explains the practical management of under-performance within the workplace. It looks, in particular, at potential causes of poor performance, a manager’s duties, approaches to encouraging those who are falling short and key traps to avoid, and it summarises a formal performance procedure. Why an employer should tackle under-performance At common law, there is an implied term that an employee will be capable of carrying out the role for which they were hired. For additional detail, refer to Practice Note: Types of contractual term in employment— Employee’s implied obligations, under ‘ Competence’. The core difficulty with under-performance is that the individual is either failing to do the work the employer requires, or is doing it without adequate competence......
ARCHIVED: This Practice Note has been archived and is not maintained For the latest Brexit News Analysis, please see: News Analysis- Brexit collection. Lexis Nexis has released News Analysis across a range of topics addressing Brexit’s implications. Key highlights are presented in the tables below. For Brexit News Analysis from the withdrawal period, see: News Analysis-withdrawal- Brexit collection [ Archived]. You can receive Brexit news updates and analysis by signing up for alerts. See Q& A: How do I sign up for Brexit alerts? Brexit News Analysis 2020 Q4 31/12/2020 UK– EU data flows, adequacy and regulatory changes from 1 January 2021 - The EU– UK Trade and Cooperation Agreement ( TCA) features a section on data flows and personal data protection, offering welcome news for data protection practitioners preparing for the end of the transition at 11 pm on 31 December 2020 ( IP...
This Practice Note This Practice Note examines the remedies obtainable in a judicial review raised in Scotland. For guidance on: other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland Judicial review in Scotland-grounds of challenge Judicial review in Scotland-raising a claim Judicial review in Scotland-protective expenses orders issues to weigh before bringing a civil claim in a Scottish court, and how to commence and progress a civil claim in Scotland, see: Scottish DR: prescription and limitation-overview and Scottish DR: case management and evidence-overview respectively, which provide links to more detailed guidance other facets of Scottish civil litigation, see: Scottish DR: civil appeals and judicial...
This Practice Note provides an introduction to judicial review in Scotland For guidance on: further aspects of judicial review in Scotland, consult Practice Notes: grounds of challenge remedies raising a claim protective expenses orders other core areas of Scots law and procedure, see our Scotland collection judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used and Judicial review-time limits and the pre-action protocol Key HRA 1998 - Human Rights Act 1998 RCS - Rules of the Court of Session 1994 SA 1998 - Scotland Act 1998 Judicial review is the mechanism by which the Scottish courts...
Civil justice reform See our Practice Note: Civil justice reform in Scotland-virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts concerning virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note examines protective expenses orders ( PEOs) in the setting of judicial review claims brought in Scotland. For guidance on: other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland, Judicial review in Scotland–grounds of challenge, Judicial review in Scotland-remedies and Judicial review in Scotland-raising a claim other key areas of Scottish law and procedure, see our Scotland collection, and the closest equivalent procedure in England and Wales, see Practice Note: Protective costs orders Key: PEO- Protective Expenses Order PPD- Public Participation Directive 2003/35/ EC RCS- Rules of the Court of...
This Practice Note addresses judicial review grounds of challenge in Scotland For guidance on: other aspects of judicial review in Scotland, see Practice Notes: Judicial review in Scotland; Judicial review in Scotland-remedies; Judicial review in Scotland-raising a claim; and Judicial review in Scotland-protective expenses orders other key areas of Scots law and procedure, consult our Scotland collection judicial review in England and Wales, see, for example, Practice Notes: Judicial review-what it is and when it can be used; and Judicial review-time limits and the pre-action protocol Key HRA 1998- Human Rights Act 1998 ECHR- European Convention on Human Rights ECt HR- European Court of Human Rights Principal grounds for challenge before the Scottish courts include: illegality irrationality procedural impropriety proportionality Each of these is outlined in greater detail...
ARCHIVED : This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on EU membership, in which a majority of voters supported the UK leaving the EU. On 29 March 2017, the Prime Minister gave formal notice to the EU of the UK’s intention to withdraw, thereby commencing the withdrawal process under Article 50 TEU; see: Brexit: UK Article 50 TEU notification starts the clock-what happens now? On 31 January 2020, the UK’s withdrawal took legal effect and the UK ceased to be an EU Member State as of that date. Exit day marked the end of the Article 50 withdrawal period and the beginning of a time‑limited transition/implementation phase, during which the temporary arrangements set out in Part 4 of the Withdrawal Agreement applied. Those transitional arrangements created a standstill period,...
ARCHIVED: This Practice Note is archived and no longer maintained. The Brexit transition hub offers a concise gateway to core materials on the transition. It spotlights essential practical guidance and resources on transition (and post-transition) priorities, interim arrangements, and the legal shifts taking effect at the end of the transition/implementation period ( IP completion day), including tailored notes on how IP completion day affects different legal practice areas. Quick links Select below to go straight to the relevant guidance: Background reading on the Brexit transition EU- UK Trade and Cooperation Agreement Impact of the Brexit transition in UK law Retained EU law Brexit legislation pipeline Brexit transition guidance Impact of IP completion day in practice Keeping up to date Brexit ‘how to’ guide Lex Talk®Brexit We are actively reviewing this page and adding fresh content as further updates, developments, issues and queries arise. After IP completion day, practitioners conducting legal research should keep this page under watch and...
Convention rights The Human Rights Act 1998 ( HRA 1998) took effect in October 2000 and is intended to give effect to the rights set out in the European Convention on Human Rights ( ECHR) (the Convention rights). The ECHR is a binding international treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it became binding in UK law only with the introduction of the HRA 1998......
The Retained EU Law ( Revocation and Reform) Act 2023 ( REUL( RR) A 2023) revises the framework created by the European Union ( Withdrawal) Act 2018. It substantially affects how what was retained EU law ( REUL) was classified and handled during 2021–23, which is now termed assimilated law. The Act also contains an array of mechanisms and powers enabling the ongoing amendment, repeal, and substitution of assimilated law over time. REUL( RR) A 2023—background REUL( RR) A 2023 came into force in part on 29 June 2023, with additional provisions commencing on 29 August 2023, and the balance commencing on appointment. For background reading on the passage......
What is a civil servant? A civil servant is a permanent, politically impartial employee of central government—a servant of the Crown other than members of the armed forces. The Civil Service comprises the Home Civil Service and the Diplomatic Service. It does not include: judges police officers, who hold independent offices employees of Parliament, who do not serve the government local government employees NHS employees ministers, who serve in a political role In practical terms, a civil servant is someone employed by a government department. Government departments Much of the executive’s work is undertaken by government departments—such as the Home Office or the Department for Work and Pensions—led by ministers and staffed by civil servants. The most senior civil servant in a department is the Permanent Secretary. Departments lack a legal personality of their own; they are...
Central to Parliament’s legislative supremacy is the rule that it is not constrained by earlier Parliaments and cannot fetter those to come. Consequently, if a subsequent Act of Parliament clashes with a prior one, the later measure is not to be interpreted as qualified by, or subordinate to, the former. Instead, the later statute is taken to have repealed the earlier by necessary implication, so far as the inconsistency extends. Yet, in the past few decades it has been recognised that, in at least some legal settings (notably concerning European Union law and the European Communities Act 1972 ( ECA 1972), and arguably other ‘constitutional’ statutes), Parliament may pass provisions which, unless expressly repealed or revised, shape and restrict the operation of later, inconsistent enactments. Origins The principle was articulated by the court in Dean and Chapter of Ely v Bliss. The dispute...
The scope of this Practice Note This Practice Note addresses project management for both stand-alone projects and larger, integrated programmes, and also covers risk management. Recognise that projects often sit within a wider programme (such as a corporate transformation), so programme-level disciplines must be applied as well. Risk management—legal risks included—should be woven into the chosen methodologies to secure successful outcomes. It explains the difference between a project and a programme, how project assurance is overseen, and how risk strategies are built into the delivery of the relevant project or programme. It also points to commonly used methodologies. Accountability for promoting sound project management across central government now sits with the National Infrastructure and Service Transformation Authority ( NISTA), launched on 1 April 2025 through the consolidation of the former Infrastructure and Projects Authority ( IPA) and the National...
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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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