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
This Practice Note monitors significant High Court, Court of Appeal and Supreme Court rulings concerning data protection, e Privacy, misuse of private information and confidential information. For an introduction to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), see: UK data protection law collection and Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and The Data Protection Act 2018. For introductory materials on e Privacy, misuse of private information and confidential information, see: e Privacy—overview Privacy and misuse of private information—overview Confidential information—overview For a freedom of information and environmental information case tracker, see: Freedom of information case tracker. Cases Infinni Innovations SA v OFMS Ltd [2026] EWHC 470 ( Comm) — High Court — 3 March 2026 —...
This tracker monitors current Court of Justice appeals concerning State aid ( Articles 107–109 TFEU) and other aid recovery actions. For concluded matters, consult Court of Justice State aid appeals—closed cases tracker. Note—closed appeals are transferred from this page to the closed trackers within seven days of the final ruling. For the Commission’s recent State aid decisions, see EU State aid decisions—ongoing cases tracker; for appeals pending before the General Court, see General Court State aid appeals—ongoing cases tracker; and for national references before the Court of Justice touching on State aid, see Court of Justice State aid national references—ongoing cases tracker. Appeals from the General Court Case C-306/26 P, LM v Commission — Appeal against the General Court’s order in Case T-261/25 declaring inadmissible an annulment action concerning parts of Commission decision SA.44944— Tax treatment of public casinos in...
This how-to guide outlines, at a high level, what a body carrying out public functions should do when faced with a threatened or lodged judicial review. It focuses on the stages up to the court’s decision on permission. For measures to guard against a successful challenge, see Practice Note: Avoiding a judicial review. Take legal advice The extent to which a threatened judicial review has already attracted legal input will differ. It turns on the nature of the impugned decision—major policy is more likely to have been advised upon than a one-off administrative act—and on who the decision-maker is. On receipt of a pre-action letter, the immediate issue is to ask whether any clear flaws exist in the decision under challenge, and, if so, whether these can be communicated to the decision-maker. How far such advice can shape the...
ARCHIVED: This archived Practice Note summarises the Fee- Paid Judicial Pension Scheme ( FPJPS), introduced by the Judicial Pensions ( Fee- Paid Judges) Regulations 2017, SI 2017/522, arising from O’ Brien v Ministry of Justice. It covers the statutory framework, governance, eligibility, contributions and benefit design. This note is not maintained... Statutory framework The Judicial Pension Scheme includes several arrangements: Judicial Pension Scheme 1981 ( JPS 1981). Salaried judges appointed before 31 March 1995 will usually be members of this unfunded final salary scheme, created under JPA 1981. Judicial Pension Scheme 1993 ( JPS 1993 or JUPRA). Salaried judges appointed between 31 March 1995 and 31 March 2015 will generally be members of this unfunded final salary scheme, established under JPRA 1993. Note that: There is an entitlement to elect to move from JPS 1981 to JUPRA at any point up to six months after...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
Artificial intelligence ( AI) and automated decision-making ( ADM) augment or substitute for human decision-makers in UK public administration. Examples include police use of live facial-recognition cameras, automated computations of social security entitlements, predictive environmental modelling, and algorithms proposing planning or licensing outcomes. UK government guidance treats ADM broadly, encompassing both fully automated outputs and tools that support human judgement. The legal principles set out in this Note bite even where a person ostensibly signs off the decision but substantially depends on an AI-derived score or recommendation. These technologies may deliver efficiency yet can trigger legal or comparably weighty consequences for individuals. The UK General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 ( DPA 2018), the Human Rights Act 1998 ( HRA 1998) and the Equality Act 2010 ( Eq A 2010) impose...
This Practice Note outlines examples of employment discrimination judgments based on the protected characteristic of philosophical belief, centring on gender-critical and/or gender identity beliefs. The decisions are arranged in approximate chronological order. For additional detail on the protected characteristic of religious or philosophical belief, see Practice Note: Religion or belief. Forstater v CGD Europe In Forstater, the claimant, a researcher and writer, engaged with the respondents through consultancy agreements. She posted tweets about proposed reforms to the Gender Recognition Act 2004 ( GRA 2004) that would allow individuals to self-identify their gender. Some members of staff at the respondents raised objections, describing the tweets as transphobic. When her consultancy engagements were not extended, Ms Forstater maintained that this was due to the gender-critical views she had expressed. She brought employment tribunal claims alleging direct discrimination on the basis of a...
This Practice Note offers a practical ‘how to’ overview of making a freedom of information ( FOI) request, with primary attention on applications under the Freedom of Information Act 2000 ( FIA 2000). Both FIA 2000 and the Environmental Information Regulations 2004 ( EIR 2004), SI 2004/3391, grant a right to access recorded information held by public authorities. The emphasis here is on FIA 2000. For more on EIR 2004, see: Environmental information—overview. This note does not address the grounds for refusing an FOI request or for withholding material. For those topics, see Practice Notes: Absolute exemptions to a freedom of information request and Qualified exemptions to a freedom of information request. Key legislation and guidance This guide should be read alongside the following legislation, code of practice, and Information Commissioner’s Office ( ICO) materials: FIA 2000 Cabinet Office— Freedom of...
This Practice Note outlines the nature of waiver and release within commercial contracts, distinguishes between them, and summarises the clauses that address waiver (commonly called a ‘no-waiver’ clause) and release. The waiver clause is widely recognised as a boilerplate provision aimed at preventing unintended waivers of legal rights from taking effect, including the right to terminate after a breach of contract. What does ‘waiver’ mean? In contract law, ‘waiver’ may carry different senses, but most often describes a concession granted by one party whereby it does not demand strict performance by the other of a contractual duty, whether before or after any breach of the term being waived. For discussion of other potential meanings, see: Waiver: Halsbury’s Laws of England [251]. Types of waiver Express Implied from conduct In either case, it must amount to an unequivocal representation arising from a positive and...
Protected characteristics This Practice Note examines the meaning of the protected characteristic of sexual orientation for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 ( Eq A 2010), namely: orientation towards persons of the same sex orientation towards persons of the opposite sex orientation towards persons of either sex It draws on case law guidance, including whether an actual and/or perceived sexual orientation is protected. Although the statutory wording does not, on its face, extend to sexual practices or sexual conduct, there is frequently a link between certain behaviours and a particular sexual orientation, and that connection may itself attract protection. For a guide to our materials on protections and liabilities arising from acts and omissions that amount to sexual orientation discrimination, or other forms of prohibited conduct linked to sexual...
The Freedom of Information Act 2000 ( FIA 2000) places a duty on public authorities to establish and maintain an approved publication scheme, outlining what information they commit to make available. Once adopted, the authority must routinely release material in line with that scheme. The Information Commissioner has issued a single approved scheme that every public authority must adopt exactly as provided. It identifies the classes of information the authority proposes to publish, how that information will be made available, and whether it is free or chargeable. The Information Commissioner’s Office ( ICO) expects organisations to keep their schemes current to meet legal obligations under FIA 2000, and it monitors compliance with the development and maintenance of publication schemes. The model publication scheme Under FIA 2000, s 19(1), every public authority is required to: adopt and maintain a publication scheme concerning the...
The public sector equality duty ( PSED) Set out in Part 11 of the Equality Act 2010 (ss 149–159), the public sector equality duty ( PSED) comprises a general equality duty applying UK-wide to public bodies listed in Schedule 19 of the Eq A 2010, alongside specific duties intended to support delivery of the general duty and enhance transparency. Although the general duty is identical across England, Wales and Scotland, the specific duties made under Eq A 2010, s 153 vary. In Wales, listed public bodies must meet particular specific duties that sit alongside the UK-wide general duty. These specific duties bind listed Welsh bodies only. They do not extend to non-devolved public authorities operating in Wales. Under Eq A 2010, s 149, the general duty requires public authorities and those exercising public functions to have 'due regard' to the need...
STOP PRESS: On 1 August 2023, the Cabinet Office unveiled three new collections of standard contract documents, comprising updated templates and accompanying guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. Further direction on adopting these standards is provided in a supplementary Procurement Policy Note ( PPN). PPN 08/23: Using Standard Contracts applies to central government departments, executive agencies and non-departmental public bodies, all of which have been urged to implement the standard contract forms ‘as soon as practicable’. Other public sector organisations are also encouraged to follow the approach set out in PPN 08/23, recommending the use of the standard contracts for all relevant procurements, rather than using bespoke contracts, unless there is an existing government framework or an industry standard contract already in place (for example, for construction projects). Where appropriate, adopting the standard contracts aligns with...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) take effect and apply. Competitions commencing on or after that date must proceed under PA 2023, while procurements started under the earlier 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 in line with those rules and procedures accordingly. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This material concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on light touch contracts under the former legislation, see Practice Note: Considerations when authorities procure contracts that are not subject to the full...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) came into force. Procurements launched on or after that date must be conducted under PA 2023. Procurements initiated under the previous frameworks—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 let and managed in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content concerns the Procurement Act 2023 regime and offers practical guidance on public procurement under PA 2023. For practical guidance on procedures used under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, see the following Practice Notes: Public procurement—open procedure—pre- PA 2023 Public...
This Practice Note looks at: an explanation of ‘the gender pay gap’ and other pay differences connected to a protected characteristic, such as ethnicity and disability findings from recent Office for National Statistics ( ONS) reports about these disparities common drivers or traits of gender, ethnicity and disability pay gaps methods an employer can use to pinpoint the specific causes of pay gaps within its own workforce, including where in the organisation they arise and the factors behind them steps an employer can introduce or adopt to improve its pay gaps Pay gap reporting can provide a concrete means for an employer to evidence progress under the S (social) of ESG (environmental, social and governance). For further information, see: News Analysis: ESG: Pay Gap Reporting—a tangible way to show progress under the S. For more on ESG...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in force. Procurements initiated on or after that date must proceed under PA 2023, while procurements begun under earlier legislation must continue to be conducted and administered in line with that framework. Earlier legislation includes: the Public Contracts Regulations 2015 ( PCR 2015) the Utilities Contracts Regulations 2016 the Concession Regulations 2016 the Defence and Security Public Contracts Regulations 2011 See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content concerns the Procurement Act 2023 regime. It provides practical guidance on public procurement under PA 2023. The fundamental rules and concepts on disclosure are consistent for challenges under PA 2023 and under the former regime. As PA 2023 savings and transitional measures allow both regimes to operate in tandem for live...
The Investigatory Powers Act 2016 ( IPA 2016) The Investigatory Powers Act 2016 ( IPA 2016) sets the statutory framework for how public bodies may obtain and use communications data, replacing much—though not all—of the earlier regime previously found in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a primer on the IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide. Rules on acquiring and disclosing communications data are contained in IPA 2016, Parts 2 and 3. IPA 2016 repealed the RIPA 2000 provisions on interception and the acquisition of communications data. IPA 2016 is supported by the Code of Practice on the Interception of Communications Data and the Communications Data Code of Practice. These Codes are essential reading for relevant public authorities involved in acquiring communications data under IPA 2016, and for...
Over a comparatively brief span, deploying tools to award public contracts has become routine and broadly established practice. As a result, professionals engaged in public procurement, within contracting authorities and among suppliers, must possess at least a basic understanding of these tools, and many bodies now hire experts specifically to manage this part of the lifecycle within their organisations. This Practice Note explores how such tools are being developed and applied for sourcing across the public sector—meaning the steps culminating in the award of a public contract or framework agreement (commonly termed ‘e- Sourcing’). The discussion covers e- Auctions and Dynamic Purchasing Systems ( DPS) used for sourcing. It is also worth highlighting that electronic tools can ‘e- Enable’ other activities, particularly ‘ Purchase-to- Pay’ ( P2P)—the transactional sequence of approving and placing orders (under contracts and framework...
In contrast with numerous jurisdictions, the UK lacks a general unfair competition regime of its own. Brand owners aiming to stop rivals from selling lookalike goods or deploying deceptive adverts must depend on a mix of intellectual property rights, used together in practice rather than relying on a lone, overarching rule. Among these is also the common law action of passing off. Such claims proceed, in essence, on the basis that nobody may present their goods or services as those of another party. A frequent pattern involves a defendant reproducing the claimant’s packaging, get-up or branding so as to misstate the origin of its offerings. Set out below are the essential elements to prove passing off, together with an outline of potential defences, available remedies and pragmatic considerations to bear in mind. Passing off is regularly pleaded alongside trade mark...
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
