Featured documents
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:
Most recent Practice notes
Continuous improvement ( CI) is currently in vogue within management, yet the prevalence of management-speak can leave non- CI professionals perplexed. Do not be put off; CI’s core principles can be brought into legal teams to boost efficiency. This Practice Note sets out to cut through the jargon, show how it works for in-house lawyers, and bring the ideas to life with a case study. What is CI? CI is often defined in overly complex terms, but the idea is straightforward: keep looking for better ways to run your processes, methods and procedures. The objectives are to: remove bottlenecks streamline processes as much as possible save time and money Changes need not be dramatic; a sequence of small, well-judged adjustments—frequently called ‘marginal gains’—can rapidly accumulate. CI tools and techniques help you repair processes that have stopped working effectively, and reassess those that seem fine but...
This Practice Note directs legal practitioners on the meaning and scope of consultant lobbying, and on compliance, offences, and sanctions arising under Part 1 of the Transparency of Lobbying, Non- Party Campaigning and Trade Union Administration Act 2014 ( TLNPCTUAA 2014) (also called the Lobbying Act). What does the Lobbying Act do? TLNPCTUAA 2014 is arranged into three discrete parts, with certain supplementary provisions, as follows: TLNPCTUAA 2014, Pt 1 creates a register of ‘consultant lobbyists’ (in essence, those presenting representations to government for clients) and appoints a registrar to oversee, monitor, and enforce the registration obligations in practice TLNPCTUAA 2014, Pt 2 revises certain elements of electoral law concerning non-party campaigning (individuals or organisations campaigning before elections who are not themselves candidates or parties). For further guidance and context, see Practice Note: Non-party...
This Practice Note explores the doctrine of consideration and its central role in English law when assessing whether a contract is enforceable. A promise will be enforceable only if it is set out in a deed, or exchanged for something of value, termed ‘consideration’. This Practice Note explains what constitutes valid consideration. It looks at valid consideration in its various forms: executory and executed consideration, benefit and detriment, past consideration, the adequacy of consideration, and when performance of existing duties may amount to consideration, including on the variation of an existing contract. Note: settlement offers made under CPR Part 36 operate outside the ordinary rules of contract law and are governed by the specific regime in CPR 36. See Practice Notes: Part 36 offers—what are they, why make them? and Part 36 offers—how to make a valid Part 36 offer. For guidance on the...
STOP PRESS: This document is currently being revised to take account of the Data ( Use and Access) Act 2025 ( DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For further detail on DUAA 2025 compliance, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note draws on the UK General Data Protection Regulation ( UK GDPR) and the consent guidance issued by the Information Commissioner’s Office ( ICO). Under the UK GDPR, consent is rarely the default lawful basis for handling personal data, and organisations should assess whether another lawful ground is more suitable from both legal and operational viewpoints—see below: Do you need consent? and Practice Note: How to process personal data lawfully. What is consent? Consent means a freely given, specific, informed and unambiguous expression of the data subject’s wishes, whereby they indicate...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) take effect. Procurements launched on or after that date must proceed under PA 2023, while those commenced under the prior regimes—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 run and overseen under that legislation. Refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content pertains to the Procurement Act 2023 regime. It provides practical guidance on public procurement under PA 2023. For practical guidance on the former legislation, see Practice Note: Introduction to public contracts procurement. Duty to identify conflicts of interest PA 2023, s 81 requires contracting authorities to take all reasonable steps to spot, and to keep under review, conflicts of...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Procurements commenced on or after that date must proceed under PA 2023, while those started under earlier rules must continue to be run and administered in line with those regimes. Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance addresses public procurement governed by PA 2023. For guidance on confidentiality questions under the former framework, see Practice Note: How to deal with confidentiality issues, including during procurement litigation—pre- PA 2023. Confidentiality in public procurement and the wider public sector context This Practice Note should be considered alongside the Practice Note: Use of...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note provides direction for public procurement processes initiated before the Procurement Act 2023 ( PA 2023) took effect on 24 February 2025. Any in-scope procurement started on or after that date is subject to PA 2023. Under PA 2023’s transitional and savings arrangements, the former procurement regimes continue so far as is required to enable contracting authorities to finalise and administer procurements begun before commencement (ie procurements already under way). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Additional practical material on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview, which includes the following Practice Note: How to deal with confidentiality issues— PA...
Brexit, and public procurement reform The UK’s public procurement framework stems from EU procurement rules and, as a result, was touched by the UK’s departure from the EU—though only in a limited way. In substance, procurement law in the UK has largely carried on with only minor alterations, pending the arrival of the forthcoming procurement reform. For more detail, see Practice Note: Public procurement reform. The Public Procurement ( Amendment etc) ( EU Exit) Regulations 2020 amended and revoked elements of procurement legislation to resolve practical issues arising from Brexit, and to ensure the system continued to function effectively once the UK had left the EU and the related transitional arrangements concluded at 11 pm on 31 December 2020 ( IP completion day). Those changes formed part of the broader domestic legislative programme associated with Brexit, introduced under the European Union (...
ARCHIVED: This Practice Note is archived and not maintained This Practice Note offers background reading on concessions contracts procurement as it operated before the Concession Contracts Regulations 2016 ( SI 2016/273) took effect on 18 April 2016, implementing Directive 2014/23/ EU and establishing a new regime for procuring works concessions and service concessions. It describes the law as it stood before 18 April 2016 and is not maintained; it is provided for background information only. For the current regime, see Practice Note: Introduction to concession contracts procurement. What is a concession contract? A concession contract is an arrangement between a contracting authority and suppliers (typically private companies) under which suppliers are granted the right to exploit works or services for their own commercial benefit. In concession contracts, suppliers are paid either solely through third-party sources—usually users of the service, i.e. the general public—or partly by the...
The Planning Act 2008 ( PA 2008) brought in development consent orders ( DCOs) for nationally significant infrastructure projects ( NSIPs). Under this framework, compulsory acquisition powers can be authorised within the DCO itself, removing the need to obtain separate compulsory purchase order powers for such NSIPs. This position applies to schemes in England. For projects in Wales, where compulsory acquisition is needed for associated development, a distinct compulsory purchase order must still be pursued. For further background, see: Compulsory acquisition for NSIPs—introduction and principles. This Practice Note proceeds on the basis that the inclusion of compulsory acquisition powers in the draft DCO has already been decided, and examines the draft compulsory acquisition provisions and accompanying material for the DCO application, together with the procedure following acceptance of the DCO application by the Examining Authority ( Ex A) under PA 2008. See also...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) apply. Any procurement launched on or after that date must proceed under PA 2023. Exercises started under the earlier rules—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 run and administered in line with those regimes. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This material concerns the Procurement Act 2023 framework. It offers practical guidance on public procurement governed by PA 2023. For hands-on guidance on procedures under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, see the Practice Notes: Public procurement—open procedure—pre- PA 2023; Public procurement—restricted procedure—pre- PA 2023; Public...
This practical guidance relates to the pre- Procurement Act 2023 regime This Practice Note offers advice for public procurement exercises started before the Procurement Act 2023 ( PA 2023) came into force on 24 February 2025. Procurements within scope that commence on or after that date are subject to PA 2023. Under the Act’s transitional and savings provisions, the former public procurement regimes remain in operation as needed so contracting authorities can finalise and manage procurements initiated before PA 2023 took effect (ie procurements that are still ongoing). This Practice Note should be read on that basis. For background reading, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further practical guidance on PA 2023 is provided in a separate subtopic, see: Procurement Act 2023—overview. Public procurement under the Public Contracts Regulations 2015 Under the Public Contracts Regulations 2015 ( PCR 2015), SI...
ARCHIVED: This Practice Note has been archived and is no longer maintained. For guidance on the acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016 ( IPA 2016), see Practice Note: Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016. IPA 2016 sets the current legal framework for public authorities’ use of covert surveillance. Much—though not all—of this regime previously appeared in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). The rules on retaining communications data are contained in IPA 2016, Pt 4. Part 4 permits telecommunications and postal operators to retain communications data so that, where authorised under IPA 2016, public authorities can access it subsequently. For more on IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Powers to require retention of certain types of data Under IPA 2016, s 87, the...
Commercial contracts— Egypt— Q& A guide [ Archived, 2022 edition] This Practice Note offers a jurisdiction-specific Q& A on commercial contracts in Egypt, issued within the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Eldib Advocates— Richard G Tibichrani; Mohamed Abdel Rehim 1. Is there an obligation to use good faith when negotiating a contract? Article 148/1 of Egyptian Civil Law No. 131/1948 provides that contractual obligations must be performed in good faith by both parties. Accordingly, Egyptian law—and therefore the courts—upholds the good faith principle even where a contract is silent on it. This approach is considered to reach into the pre-contractual stage. 2. How are ‘battle of the forms’ disputes resolved in your jurisdiction? Under Egyptian law, courts generally treat the last version of the contract agreed before performance begins as the binding agreement between the parties. Notably, it was...
Lexis+® UK has released News Analysis exploring numerous matters arising from Brexit’s effects. Key highlights are set out in the tables below. You can receive Brexit news updates and analysis by signing up for alerts. See Q& A: How do I sign up for Brexit alerts? For an archive of Brexit news and analysis published during the transition period, see: News Analysis—transition— Brexit collection [ Archived], and for Brexit news analysis published during the withdrawal period, see: News Analysis—withdrawal— Brexit collection [ Archived]. Brexit News Analysis Q2 & Q3 2025 Date News Analysis Brief description of News Analysis 06/10/2025 Weekly round-up of EU- UK TCA Specialised Committees’ publications—6 October 2025, LNB News 07/10/2025 8. A weekly summary detailing publications issued by the Specialised Committees set up under the EU- UK Trade and Cooperation Agreement ( TCA) covering 1–7 October 2025. ...
ARCHIVED : This Practice Note is archived and no longer updated or maintained. It supplies background reading on pre-qualification questionnaires in public procurement before the advent of new statutory guidance and the revised standard form Selection Questionnaire ( SQ) for above-threshold public procurement exercises under the Public Contracts Regulations 2015, SI 2015/102. It sets out the law as it stood prior to 9 September 2016 and is not maintained; it is provided for background information only. For more information on the current regime, see Practice Note: Pre-qualification and selection questionnaires. How pre-qualification questionnaires are used In UK practice, the information required to assess bidders’ credentials for public contracts is conventionally collected by means of a pre-qualification questionnaire ( PQQ). In procedures governed by the EU public procurement rules (see Practice Note: Introduction to public contracts procurement), the information gathered through the PQQ is used to confirm...
ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note examines the effects on dispute resolution arising from temporary measures brought in due to coronavirus ( COVID-19), and related procedures too. It should be read alongside Practice Note: Coronavirus ( COVID-19) implications for dispute resolution [ Archived], and considered in parallel. It is intended to help dispute resolution practitioners grasp the rapid developments to civil court processes and procedures during this period, and how those shifts and the pandemic could affect their practice and particular matters in practice and day-to-day work. It includes civil court-specific guidance issued in response to the coronavirus outbreak, all of which is readily available for quick and consistent access via the ‘jump-links’ in the expandable contents table on the left-hand side of this Practice Note. As most court and tribunal buildings have reopened in...
ARCHIVED: This Practice Note is archived and not maintained. Project management Multiple project management methodologies have been devised to steer organisations through delivery and to foster common terminology among project management exponents. They are recommended to be adapted to the organisation or project type. Three of the most widely used are: PRINCE2® ( PRojects IN Controlled Environments) PMBOK® ( Project Management Body Of Knowledge) Agile PRINCE2® PRINCE2®, first created by a UK government agency, is a structured method applied extensively by UK government and by public and private bodies in the UK and internationally. It sets out processes for managing projects across the full lifecycle and highlights themes that keep attention on key success factors. It has been designed so it can be tailored to the context in which it operates. PRINCE2® is a defined methodology that offers a...
Artificial intelligence ( AI) is now everywhere and, like many sweeping technological shifts, is often misunderstood and divisive. Yet its core capabilities are highly useful for routine tasks, data analysis, and number‑crunching—activities central to many aspects of continuous improvement ( CI). This Practice Note covers: what is AI? the need to exercise caution when using AI beginning with the basics using AI for data analysis/number‑crunching how AI can help when presenting a CI business case For more on adopting technology, including AI, in the in‑house legal team, see: Legal tech for in‑house teams—overview. What is AI? AI centres on creating systems that perform tasks usually dependent on human intelligence, such as learning, reasoning, problem‑solving, perception, and understanding language. By emulating human cognitive functions, these systems can carry out complex work autonomously. For fuller background, see: Artificial...
The transposition of EU Directives The transposition of EU Directives is the means by which Member States give legal effect to Directives within their own national systems. Unlike EU Treaty provisions and EU Regulations, which apply directly, Directives require domestic implementation, typically through primary or secondary legislation. They are the preferred legislative tool where national rules must be adjusted. Putting a Directive into national law ensures EU citizens can fully access the relevant rights and obligations. While Directives are binding as to the outcome, states remain free to select the form of implementation, but may not change the Directive’s substance. They must also implement within the specified deadline. The Council of the EU The Council together with the European Parliament The European Commission Obligation to transpose EU Directives Under Article 4(3) TEU, Member States owe a duty of loyal or sincere...
Popular documents
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 ]...
Discover more from LexisNexis
