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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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TUPE and pensions When a public service moves from central government to a contractor in the private sector, particular safeguards typically apply to the pension entitlements of staff who transfer. Those safeguards were first set out in Annex A to HM Treasury’s guidance ‘ Staff Transfers From Central Government: A Fair Deal for Staff Pensions’ (the old Fair Deal). The old Fair Deal extended protections beyond the minimum required under the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE), SI 2006/246, the Pensions Act 2004, ss 257–258, and the Transfer of Employment ( Pension Protection) Regulations 2005, SI 2005/649. For added detail on TUPE, see TUPE—what pension benefits should the transferee provide? and TUPE and Beckmann—the pensions exception. Old Fair Deal—interaction with Fair Deal 2013 and when it applies The old Fair Deal was published in June 1999 and applies solely to central...
At present, working in an in‑house legal team feels very much like wading in choppy waters: a sudden surge of change can almost sweep you off your feet and, before you’ve steadied yourself and found your footing again, another swell is already breaking over you. This Practice Note aims to highlight what you are currently doing that both strengthens—or, at times, undermines—your personal resilience amid these surges, and it also sets out a range of practical pointers for handling continual, ongoing change. This Practice Note covers: What is personal resilience? Addressing the roots of resilience Why does everyone else seem to be coping? A scientific perspective Understanding 'learned helplessness' Additional sources of support What is personal resilience? Psychological resilience is commonly described as an individual’s capacity to adapt appropriately to pressure and adversity. Stress and adversity may present...
Background to semiconductors A semiconductor is, at its core, a material with electrical conductivity that can permit or, alternatively, obstruct the passage of electric current. Chips based on semiconductors—seen in devices such as computers, mobile phones and microwave ovens—are typically produced from circular silicon wafers. Intellectual property rights operate to safeguard the semiconductor sector, encompassing electronic circuit boards and the component chips. Semiconductor topography rights The semiconductor topography right sits alongside unregistered design law and is aimed at protecting a particular industrial article, namely, as noted above, the electronic circuit board and the layout of semiconductors. This right entered UK law through the Design Right ( Semiconductor Topographies) Regulations 1989, SI 1989/1100, which implemented European Directive 87/54/ EC and now form assimilated law as EU‑derived domestic legislation. Assimilated law is the term applied to retained EU law ( REUL) that continues in force after the end of 2023. The...
Overview of the non-party campaigning regime Part VI of the Political Parties, Elections and Referendums Act 2000 ( PPERA 2000), as amended, establishes the regulatory framework for non-party campaigners in the run-up to UK and region-wide elections. Although PPERA 2000 sets a national baseline, its application can vary across the UK’s devolved administrations, and local electoral administration rules in those areas may modify or supplement the regime. In particular, amendments made by the Elections Act 2022 ( EA 2022) do not extend to the Senedd or the Scottish Parliament. By way of example, EA 2022 inserted PPERA 2000, s 89A, which defines a reserved regulated period Non-party campaigners are individuals or organisations that carry out activities which could reasonably be regarded as intended to influence the result of an election under the legislation, without being candidates or political parties themselves. Under the...
STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) are in full effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced pursuant to the earlier regime—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, overseen and administered under those rules. Please refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates solely to the Procurement Act 2023 regime. This practical guidance specifically concerns public procurement under the Procurement Act 2023 ( PA 2023). For practical guidance on time limits for challenging a public procurement award under the previous legislation, see the Practice Note: Challenging a public procurement...
Procedural impropriety as a ground of judicial review ‘ Procedural impropriety’ is the third and final ground of judicial review set out by Lord Diplock in the landmark Civil Service Unions v Minister for the Civil Service ( GCHQ). In that decision, Lord Diplock described this ground as covering a failure to observe the basic norms of natural justice, or to act with procedural fairness towards the person affected by a decision, as well as a failure by an administrative tribunal to comply with procedural rules expressly prescribed in the legislative instrument conferring its jurisdiction, even where no denial of natural justice is involved. This Practice Note considers the principal features of procedural impropriety as a ground of judicial review: The evolution of procedural impropriety as a basis for judicial review, which includes: the...
Introduction On 27 February 2023, UK Prime Minister Rishi Sunak and European Commission President Ursula von der Leyen agreed new arrangements governing Northern Ireland’s post‑ Brexit regime. Branded the Windsor Framework, it revises the Northern Ireland Protocol, a component of the Withdrawal Agreement concluded between the UK and the EU when the UK departed the bloc. The UK government has issued a Command Paper detailing the Framework’s measures. The corresponding legal instruments, embodying the political accord, have also been released. Decision No 1/2023 of the Joint Committee gives the Framework legal force, and the Northern Ireland Protocol is now referred to as the Windsor Framework. For practical guidance on Decision No 1/2023 of the Joint Committee, see Practice Note: Joint Decision for Windsor Package to commence. The purpose of the Windsor Framework is to secure the seamless movement of goods between the UK and...
This Practice Note outlines when a contract may be treated as void and the consequences that follow. It differentiates void, voidable and unenforceable agreements, and explores voidness arising from: common mistake, a unilateral mistake as to contractual terms where the other party is aware, mistaken identity, non est factum, and statutory avoidance, while also recognising illegality as a distinct category. For a tabular overview of illustrative judgments on contract law since 1 January 2020, see Practice Notes: Contract disputes—illustrative decisions (2026) Contract disputes—illustrative decisions (2024–2025) [ Archived] Contract disputes—key and illustrative decisions (2020–2023) [ Archived] When is a contract a void contract? A void contract is one with no legal effect whatsoever. A contract will be void where: the parties have contracted under a fundamental common mistake one party agrees on mistaken terms and the other party knows of that...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘ Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q& A on using electronic signatures and completing virtual executions, including ‘ Our position on the use of virtual execution and e‑signature during the coronavirus ( COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that stage. For more...
This practical guidance relates to the Procurement Act 2023 regime As of 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are operative. Competitions started on or after that date must proceed under PA 2023, while those launched under the prior instruments—the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848—must continue to be conducted and administered in accordance with that framework. This guidance concerns vertical and horizontal public procurement under PA 2023. For further background, see Practice Notes: Introduction to the Procurement Act 2023— PA 2023 and Procurement Act 2023 transitional and saving arrangements— PA 2023. For practical guidance on vertical arrangements (previously referred to as ‘ Teckal’ or ‘in-house’...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) are in effect. Competitions launched on or after that date must proceed under PA 2023, while procurements initiated under 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 administered under those rules. See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the standing and interpretation of assimilated law, see Practice Note: Assimilated law. Scope and application of the Utilities Contracts Regulations 2016 The Utilities Contracts...
Introduction A ‘treaty’ is broadly understood as a written pact between States that establishes rights and duties under international law. Treaties may likewise exist between States and international organisations, and arrangements among multiple States are often styled ‘multilateral’ or ‘plurilateral’. Within the UK, the government, acting under the royal prerogative, conducts negotiations, signs instruments and completes ratification. The orthodox position is that making or unmaking treaties requires no legislative mandate, and the exercise of that prerogative is not subject to judicial review. That orthodoxy is now tempered by the (perhaps exceptional) ruling in R ( Miller) v Secretary of State for Exiting the European Union, in which the Supreme Court determined that, where departure from the EU would strip certain domestic rights, the government could not terminate the EU Treaties absent prior parliamentary approval. The UK follows a dualist approach; in practical terms,...
ARCHIVED: This Practice Note is archived and no longer maintained. Role of the National Infrastructure Commission The National Infrastructure Commission ( NIC) was established on an interim basis on 5 October 2015 to consider the UK’s future requirements for nationally significant infrastructure, to help keep the UK competitive within the G20, and to give investors greater certainty by adopting a long‑term approach to major investment choices facing the country. See News Analysis: Trains, planes and automobiles—the birth of the National Infrastructure Commission. The NIC is now a permanent institution that offers government independent, expert advice on major long‑term infrastructure challenges. In October 2021, the government issued a Charter for the NIC—updating the original 2016 version—alongside an updated NIC Framework (see: — Status and operation of the NIC below) and a remit letter. The Charter sets out that the NIC’s aims are to: support...
ARCHIVED : This Practice Note has been archived and is not maintained. On 23 June 2016, the UK held a referendum on EU membership, with a majority backing departure from the EU (also known as ‘ Brexit’). On 29 March 2017, the Prime Minister gave formal notice of the UK’s intention to withdraw under Article 50 TEU, initiating the exit process—see: Brexit: UK Article 50 TEU notification starts the clock—what happens now? This Practice Note traces the sequence of key events and updates, presented in reverse chronological order: from the referendum through to the triggering of Article 50 TEU, and from that point to the UK’s formal withdrawal from the EU on 31 January 2020. Developments after that date appear in our Brexit timeline. For broader context, see our Brexit subtopic— Brexit—overview. For updates and guidance tailored to particular practice areas, see: Brexit...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
This Practice Note offers practical guidance on Joint Committee Decision No 1/2023, which gives legal force to the Windsor Package. Accordingly, it addresses the application of EU regulation in Northern Ireland, protection of the EU and UK’s internal markets, the green lane for movement of goods between the UK and Northern Ireland, the movement of parcels, the requisite authorisations, as well as reporting obligations for the movement of goods. Introduction On 27 February 2023, the UK Prime Minister and the EU Commission President reached an agreement on the Northern Ireland Protocol, known as the ‘ Windsor Package’. This was a political conclusion that required legal text to give it effect. That text has now been approved: on 24 March 2023 the Joint Committee adopted Decision No 1/2023. The Joint Committee consists of UK and EU representatives and is co-chaired at ministerial level by members of the EU...
ARCHIVED: This archived Practice Note sets out details of the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2019, SI 2019/419, together with the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2020, SI 2020/1586, plus salient elements of the EU- UK Withdrawal Agreement and the EU- UK Trade and Cooperation Agreement insofar as they concern data protection. It is no longer updated and is provided for background only. For guidance on continuing divergence between data protection requirements under the GDPR frameworks, refer to Practice Note: Introduction to the EU GDPR and UK GDPR. This Practice Note examines how Brexit affects routine processing of personal data under the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), which took direct effect in the UK and all other EU Member States on 25 May 2018, and,...
Transport projects This Practice Note provides a concise overview of transport projects and signposts useful materials on the topic available from Lexis Nexis® and other external sources. Transport plays a vital role in economic and social development at regional, national and international levels... Initiatives in this field generally demand significant investment and sophisticated infrastructure, and are frequently lengthy, demanding and of notably high value. Transport projects commonly need to align local and/or national infrastructure policies and funding approaches with the commercial aims and expectations of private sector organisations involved in their delivery... Activities in the transport sector span a wide range of modes and related infrastructure, including: roads—road widening, toll roads, smart motorways, safety improvements, congestion relief rail (light and heavy)—station upgrades/enhancements, renewing and enhancing rail infrastructure, viaducts, lineside infrastructure airports and aviation (airside and...
ARCHIVED: This Practice Note is archived and is not being maintained. The UK transport sector spans multiple modes and related infrastructure, such as roads, tunnels and bridges, buses, heavy and light rail, aviation, and shipping. Drawing on several of these sub-sectors, this Practice Note highlights key points for those considering the procurement of a transport scheme. Planning and procurement matters must also be addressed and are considered separately in our Practice Notes: Transport project procurement—planning law considerations [ Archived] Transport project procurement—procurement law considerations [ Archived] Project appraisal and scoping At the outset, robust appraisal and clear scoping are essential. This should encompass evaluations of: technical, legal and commercial feasibility deliverability affordability value for money capacity to satisfy planning and environmental obligations Further early-stage considerations include determining the correct government accounting treatment and the overall procurement approach....
This Practice Note sets out how trade secrets and confidential information are protected in a commercial context, particularly where technical material is concerned. It outlines the Trade Secrets ( Enforcement, etc) Regulations 2018 ( Trade Secrets Regulations), SI 2018/597, and their interaction with the common law action for breach of confidence. This Practice Note also addresses: how breach of confidence intersects with infringement of intellectual property rights and other causes of action the meanings of ‘confidential information’, ‘trade secrets’ and ‘know‑how’, and how these concepts are handled in commercial practice case law on secondary liability, common design and knowledge of breach, together with the position on subconscious use, derivative use and reverse engineering remedies available for breach of confidence, including injunctions, springboard injunctions, damages, account of profits, delivery up and...
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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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