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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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This Practice Note examines alternative ways to resource work, including outsourcing, and links operational efficiency to law firm reward structures, for instance achieving cost control via fixed fees in commercial transactions, and stresses the need to promote value-add services to cultivate mutually beneficial, profitable partnerships with law firms. It does so in practice by pairing efficiency with remuneration structures too. What is innovation? ‘ Innovation’ is often over-used. The term comes from the Latin innovatus, the noun of innovare, meaning to renew or change. In delivering legal services within an in-house setting, four principal strands of innovative practice have appeared: incremental upgrades to service quality alternative resourcing approaches (eg Eversheds Agile, Axiom or Lawyers on Demand) adopting technology re-engineering processes Overcoming barriers to innovation A tougher economic backdrop is intensifying demands for efficiency and effectiveness. Consultancies and technology suppliers are keener than ever to help...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note offers guidance for public procurement exercises launched before the Procurement Act 2023 ( PA 2023) took effect on 24 February 2025. In-scope procurements that begin on or after that date are regulated by PA 2023. Under the Act’s transitional and savings provisions, the previous public procurement regimes continue to apply, to the extent necessary, to enable contracting authorities to finalise and manage procurements started prior to PA 2023 taking effect (ie ongoing procurements). This Practice Note should be considered in that light. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. In-scope procurements begun on or after that date are governed by PA...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced under the earlier regime ( Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under those rules. The Cabinet Office has refreshed its suites of standard contract documents, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 “go‑live” on 24 February 2025. This Practice Note will be revised shortly to take account of these changes. For further detail, see: News Analysis: Procurement Act 2023 “go live”—what happens next?, and Government model contracts updated for...
Boilerplate provisions in public sector contracts This Practice Note examines audit clauses within public sector agreements. For additional insight into what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform 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 PA 2023 are in force, and procurements initiated on or after that date must proceed under PA 2023. The existing public procurement regime—including the Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and...
STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have commenced. Competitions launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered in line with those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document collections, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be revised shortly to reflect these developments. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model...
IP licence An IP licence permits a licensee, with the licensor’s consent, to use IP rights that they would not be able to exploit otherwise. An IP licence may stand alone as a dedicated IP licence agreement, or be incorporated within a broader contract, eg where specified IP rights are licensed under a commercial deal, project, or collaboration. This negotiation guide highlights the principal components of an IP licence clause suitable for insertion into a wider agreement. For example IP licence clauses, see Precedents: Intellectual property rights licence clause—pro-licensor and Intellectual property rights licence clause—pro-licensee, for reference as set out here......
There are five key steps to improving efficiency Pinpoint and define the process that requires improvement (see Practice Note: Improving efficiency: Step 1—identify and define the problem) Measure the issue (see Practice Note: Improving efficiency: Step 2—measure the problem) Examine your information (covered in this Practice Note) Improve the process (see Practice Note: Improving efficiency: Step 4—improve the problem) Control, ie embed the new process so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes) Many management consultants describe this as the ‘ DMAIC framework’. This Practice Note takes you through Step 3, ie investigating the causes of the problem you identified in Step 1 and measured in Step 2. It builds on the case study used in Practice Notes: Improving efficiency: Step 1—identify and define the problem and Improving efficiency: Step 2—measure the problem, which...
STOP PRESS From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force. Any procurement initiated on or after that date must proceed under PA 2023, while procedures commenced under the previous framework—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be conducted and managed under those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law. Introduction A contracting authority may decide to terminate an award procedure. This Practice Note...
This guidance addresses the position before the Procurement Act 2023. It provides advice for public procurement exercises started prior to the Procurement Act 2023 ( PA 2023) taking effect on 24 February 2025. Procurements within scope that commence on or after that date are governed by PA 2023. Under PA 2023’s transitional and savings provisions, the former public procurement regimes continue insofar as needed for contracting authorities to complete and administer procurements begun before PA 2023 commenced (ie ongoing procurements). This Practice Note should be considered on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 appears under a separate subtopic, see: Procurement Act 2023—overview, which includes the Practice Note: Disclosure in connection with procurement challenges— PA 2023. Aspects of disclosure in public...
Devolution describes the transfer of decision-making and governance to subordinate tiers of the state within the nation-state. Domestically, in the UK context, it means granting the smaller nations their own distinct governmental and parliamentary arrangements. This Practice Note outlines the relevant statutory law-making institutions established in Scotland, Wales and Northern Ireland. Brexit impact—devolution UK devolution interacts intricately with EU law and competences, so it is affected by the UK’s departure from the EU. For general updates on the process and preparations for Brexit, refer to Practice Note: Brexit timeline. For more on how Brexit bears on devolution, see News Analysis: Examining the impact of Brexit and UK-wide common frameworks on devolution. Devolved institutions and their law-making powers Each of Scotland, Wales and Northern Ireland has a single-chamber legislature of elected members, with some members also serving as Ministers carrying out executive functions as part of their...
This Practice Note explores how personal development benefits in-house lawyers. Gains include building business cases for higher pay, helping individuals to maximise their impact on the enterprise, securing the best possible delivery of legal advice to the business, and fostering ongoing individual growth and progression. Although many in-house lawyers regard legal advice as their chief contribution to the organisation, their colleagues in the business may not share that view. They are also appreciated for non-legal commercial skills and business savvy. A programme that concentrates on technical legal capability while overlooking these broader competencies appears skewed and misaligned with the full service in-house lawyers provide to their clients as a whole. Who is responsible for the development of in-house lawyers?......
How has decision making in Northern Ireland been carried out since the passing of the Northern Ireland Act 1998? To answer this, recall the wider devolution framework for Northern Ireland. The Belfast Agreement envisaged not just a Northern Ireland Assembly, but also the creation of a North/ South Ministerial Council and a British- Irish Council. Under the Northern Ireland Act 1998 ( NIA 1998), law-making for specified ‘transferred matters’ is vested in the Assembly. ‘ Excepted matters’ remain the responsibility of the UK Parliament, while ‘reserved matters’ also stay there pending potential devolution at a later stage. As an illustration, policing and justice were in the reserved category until their devolution to the Assembly in 2010. See also Practice Note: The mechanics of devolution. Although an Assembly met in shadow form from 1998, full operation began in late 1999. It was then suspended for several months in 2000, on two...
This Practice Note provides an overview of the UK’s Data Protection Act 2018 ( DPA 2018). For a broader primer on data protection law in the UK, see Practice Note: Data protection law—new starter guide. The UK data protection law collection brings together wider guidance and is a suggested first port of call for research. In brief In summary, the DPA 2018 currently governs: the processing of personal data within the UK GDPR framework, complementing the core rules laid down in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), with extra measures covering: lawful basis for processing processing on the basis of relevant international law processing special categories of personal data and criminal offence data ...
When a crisis strikes, you’ll feel the strain—pressure to decide, to reply, from colleagues you report to and possibly from outside stakeholders too. You could be pushed beyond your comfort zone and uncertain about reporting duties: what to reveal, to whom, at what time, and in which sequence. Your gut reaction might be to leap in at once to meet others’ agendas or, alternatively, to fall silent and retreat to a strictly legal stance. This Practice Note sets out the pitfalls to watch for and how you can ready yourself for likely involvement in any crisis management exercise, with a focus on communicating effectively. What is a crisis? Unexpected and unwanted occurrences can affect an organisation at any moment. Occasionally there is advance notice (eg an industrial dispute or breakdown in your supply chain), though not inevitably. Natural catastrophes, pandemics, mishaps,...
ARCHIVED: This Practice Note is archived and is no longer maintained. It addresses the amendments to Part 52 that took effect in October 2016, and outlines the transitional arrangements operating thereafter and applicable beyond that point. It also signposts material which deals with the provisions in force before October 2012......
ARCHIVED: This Practice Note is archived and no longer maintained. Introduction We are confronted with a new life‑threatening virus, spreading rapidly across the globe, for which there is currently no effective therapy or vaccine. Encouragingly, this emergency has prompted a surge of innovation and product development, buoyed by remarkable generosity from pharmaceutical and medical device businesses that are combining resources, opening access to relevant intellectual property ( IP) and providing products free of charge or at cost. While such unprecedented IP sharing is highly praiseworthy in addressing the pandemic, organisations should carefully consider how their IP is protected and disseminated to avoid harmful repercussions for their IP rights and for sustainable product development over the longer term. Companies should also note that some governments are contemplating drastic steps, including compulsory licensing, to permit third parties to use new technologies without infringing patents. This is...
ARCHIVED: This Practice Note has been archived and is not maintained. This tracker monitors key developments, legislation, guidance and other materials of interest on coronavirus ( COVID-19) and judicial review. It offers lawyers a straightforward point of reference for relevant content during the COVID-19 outbreak. Practice Directions Practice Direction 51ZA— Extension of time limits and clarification of Practice Direction 51Y Date: 2 April 2020 A new Practice Direction 51ZA on extensions of time took effect on 2 April 2020. On 1 April 2020, the Ministry of Justice issued the 118th update—practice directions amendments—introducing this additional coronavirus-related direction. It also clarifies Practice Direction 51Y, which commenced on 25 March 2020. See News Analysis: Coronavirus ( COVID–19)—new Practice Direction 51ZA (118th update)—2 April 2020. Practice Direction 51Y— Video or audio...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how temporary COVID-19 measures affect dispute resolution. It is intended to help dispute resolution practitioners grasp changes to civil court procedures and processes during the pandemic, and how those shifts, and the pandemic, may influence their practice and individual cases. It addresses the practical impact of coronavirus on key litigation steps and concepts. Read alongside: Coronavirus ( COVID-19) civil court specific guidance—dispute resolution [ Archived], giving further guidance for particular courts SCCO guidance for detailed assessment from 1 August 2020 This Practice Note provides ‘matter-neutral’ guidance on the procedural effects of the coronavirus for dispute resolution in England and Wales. For substantive and ‘matter-specific’ consequences of the coronavirus, see: Contract breach and termination— Coronavirus ( COVID-19) and contractual...
While the Investigatory Powers Act 2016 ( IPA 2016) repealed and superseded most of the Regulation of Investigatory Powers Act 2000 ( RIPA 2000), it leaves untouched the framework for the use of covert intelligence sources, which continue to be controlled by RIPA 2000. The Covert Human Intelligence Sources ( CHIS) Code of Practice sets out guidance on authorising the use or conduct of CHIS by public authorities under RIPA 2000, s 29, and on Criminal Conduct Authorisations under RIPA 2000, s 29B, together with direction on managing any information obtained under a CHIS authorisation. It should be read alongside the statute when assessing any request for surveillance. All RIPA 2000-related codes of practice are admissible in both criminal and civil proceedings and, where a provision appears relevant to proceedings under RIPA 2000, it must be considered. Public authorities may need to defend...
An agreement on the terms of a contractual proposal only crystallises into a binding and enforceable contract once that proposal has been accepted. This Practice Note explores what can amount to contractual acceptance, the ways it may be communicated, and the circumstances in which it can be withdrawn. For guidance on identifying when an offer, capable of acceptance, has been made, see Practice Note: Forming enforceable contracts—offer. Note: Part 36 settlement offers under CPR 36 sit outside the ordinary principles of contract law and are governed by the distinct regime in CPR 36. For guidance on accepting a CPR 36 offer, see Practice Note: Part 36 offers—how and when to accept a Part 36 offer. What do we mean by an acceptance of an offer? Acceptance is the final, unconditional manifestation of assent to the terms of a contractual offer. Note: it is not...
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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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