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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 new starter guide offers a primer on trade mark law, distilling the core principles and signposting numerous Lexis+® UK sources and materials for fuller detail. It is aimed at trainee solicitors and readers new to trade marks. Details of other intellectual property ( IP) rights, including further starter guides, appear in Practice Note: Intellectual property ( IP)—new starter guide. Where topics sit beyond this basic outline, explore the three Trade marks/passing off subtopics: Trade mark transactions and management; Trade mark and passing off disputes; Anti-counterfeiting. For concise summaries of each, see: Trade mark transactions and management—overview; Trade mark and passing off disputes—overview; and Anti-counterfeiting—overview. This guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact Lexis Ask... Introductory materials Absolute and relative grounds for refusal to register a UK trade...
This Practice Note offers a concise primer on trade marks, covering: what is a trade mark? registering a trade mark dealing with trade marks in agreements asserting trade marks unregistered trade marks and the law of passing off trade mark litigation For guidance on the filing and prosecution of trade marks, portfolio management and transactions involving trade marks, see: Trade mark transactions and management—overview. For information on disputes concerning registered and unregistered trade marks, see: Trade mark and passing off disputes—overview. What is a trade mark? A trade mark is a sign that differentiates one undertaking’s goods or services from those of another. Put simply, it allows consumers to recognise products or services as originating from a particular business or associated with a specific offering. While trade marks are often words or logos, protection can extend to less...
This Practice Note introduces supplementary protection certificates ( SPCs) and paediatric extensions ( PEs) in the UK. It outlines the reasons for their creation, when and how to apply, and how long they run. It also reviews leading rulings on SPCs from the courts of England and Wales, together with UK Intellectual Property Office ( IPO) guidance on SPC procedure... It further surveys numerous references to the Court of Justice on the interpretation of Regulation ( EC) 469/2009 and Regulation ( EC) 1610/96, which regulate SPCs for medicinal products and plant protection products within the EU (and, before Brexit, in the UK). The resulting Court of Justice decisions have defined the scope of SPC protection across the EU and the UK. For guidance on whether Court of Justice rulings bind UK courts, see Practice Note: Assimilated law— Assimilated case law. For a...
This new starter guide introduces design rights, spotlighting the core principles and supplying numerous links to Lexis+® UK sources and materials for fuller detail. It is intended for trainee solicitors and readers new to the law of design rights. Further information on other intellectual property ( IP) rights, including additional new starter guides, is set out in Practice Note: Intellectual property ( IP)—new starter guide. Where a topic falls outside this basic guide, explore the two Designs subtopics: Designs transactions and management Designs disputes For summaries of these areas, see: Design transactions and management—overview and Design disputes—overview. This guide also outlines how to sign up to the IP daily and weekly news alerts and how to contact Lexis Ask. Introductory materials For an introduction to designs in the UK, see the following Practice Notes: UK registered and unregistered designs ...
Most material generated by central government bodies and government ministers in the UK carries Crown copyright. The bulk of this information can be re-used at no charge under the Open Government Licence ( OGL). Re-using existing public sector information enhances its economic and social value, and underpins the government’s commitments to transparency and re-use. The Re-use of Public Sector Information Regulations 2015 ( RPSI 2015), SI 2015/1415, govern such re-use, replacing the Re-use of Public Sector Regulations 2005 in July 2015. The RPSI 2015 Regulations remain in force as retained EU-derived domestic legislation under EU( W) A 2018, s 2. Tailored guidance for the public and cultural sectors, and for re-users, is available on The National Archives website. What is Crown copyright information? Crown copyright is defined in section 163 of the Copyright, Designs and Patents Act 1988 ( CDPA 1988) as works created by officers or...
STOP PRESS As of 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements commenced on or after this date must proceed under PA 2023, while those started under earlier regimes must continue to be procured and managed in accordance with that legislation. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 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 interpretation of assimilated law, see Practice Note: Assimilated law. The drive to identify alternative service delivery models that enhance efficiency and...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK’s public procurement framework originates from EU procurement rules and is therefore affected by Brexit. On 31 January 2020 (exit day), the UK ceased to be an EU Member State and its relationship with the EU became governed by the Withdrawal Agreement, which commenced on 1 February 2020 (see below). For background analysis, see: Exit day—the practice area/sector view. The Withdrawal Agreement set out transitional measures, creating a transition (described in UK implementing legislation as the implementation period) from exit day until 31 December 2020 ( IP completion day). During this timeframe, the UK continued to be treated as a Member State for many purposes, including public procurement. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (save to the...
This year’s Public Law annual round-up surveys the most significant developments of 2017 and signals what is on the horizon for 2018. It includes updates and analysis on: the early UK parliamentary general election the introduction of public sector gender pay gap reporting developments in judicial review procedure key public procurement case analysis implementation of the General Data Protection Regulation, Regulation ( EU) 2016/679 and Brexit, which is also the subject of a separate round-up Also featured are updates on Lexis Nexis® content, with news of notable developments from the past year and what is coming up in the next 12 months. Reviewing 2017 Constitutional and administrative law What happened? On 18 April 2017, Prime Minister Theresa May declared her intention to call an early UK parliamentary general election. Although, under the Fixed Term Parliaments Act 2011, the next poll was not due...
With the government’s ongoing drive to strengthen the UK’s role as an autonomous trading nation, we have released a suite of assessments on the trade dimensions of the UK’s Brexit approach and its post‑ Brexit international trade policy. This covers the UK’s work to craft fresh trading arrangements with the EU, to secure new agreements with non‑ EU partners, and to reset the UK’s standing at the World Trade Organization after Brexit. A selection of notable updates and commentary appears below. ‘ Beyond Brexit’ After leaving the EU, the UK began acting as an independent trading state from 11 pm GMT on 31 January 2020 (exit day). Through the subsequent transition/implementation period, the UK focused on settling the terms of its future relationship with the EU, with particular emphasis on economic and trade ties. This led to the EU‑ UK Trade and...
Plant-focused inventions can obtain intellectual property ( IP) safeguards through both the patent route as well as through plant variety protection mechanisms. Plant variety rights ( PVRs) constitute an IP right that grants exclusivity over the commercialisation of propagating material, allowing the owner to earn royalties, for instance by lawfully licensing others to multiply and sell the variety. This Practice Note sets out the IP protection for discrete plant varieties, referred to as plant variety rights ( PVRs) or plant breeders’ rights. It outlines the UK framework, in particular under the Plant Varieties Act 1997 ( PVA 1997), governing UK PVRs. It details the applicable criteria for validity, the infringement assessments, and the circumstances for compulsory licences of PVRs. The Note additionally also addresses patent coverage for plant-related inventions, including groups of plants sharing a common...
Project documents This Practice Note offers an overview of several widely used agreements and papers in a PFI/ PF2 scheme, though the precise suite adopted will turn on the particular project. In the 2018 Budget (delivered on 29 October 2018), the government stated that PF2 will not be used for new schemes (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). That said, existing PFI and PF2 arrangements will remain in operation and, given the usual term of such projects, are expected to continue for many years... Project Agreement This is the core contract in any PFI arrangement. It records the full set of terms and conditions governing the relationship between the Authority and Project Co/ SPV for the life of the project. Where Project Co/ SPV is granted a concession (ie the exclusive right to...
This Practice Note explores the purpose of a direct agreement in the specific setting of a PFI or PF2 project. It outlines the types of direct agreement commonly provided and explains how such an agreement operates, including the mechanics of step-in rights. It also clarifies the distinction between direct agreements and collateral warranties within PFI and PF2 arrangements. In the 2018 Budget (delivered on 29 October 2018), the government announced it would cease using PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). This approach was confirmed in the National Infrastructure Strategy in 2020. Existing PFI and PF2 projects will nevertheless continue and, given their usual lifespan, are likely to run for many years. What are direct agreements? A direct agreement is a relatively brief tripartite contract. Its primary aim is to enable the beneficiary under that...
This Practice Note examines the standardisation of contracts for PFI and PF2, and evaluates the practical application of model form agreements. Background The tradition of model, or standard form, contracts within the PFI arena is longstanding. Before HM Treasury’s July 1999 release of version 1 of ‘ Standardisation of PFI Contracts’, the Treasury Taskforce for Projects had produced a range of Technical Notes offering guidance and drafting, which subsequently shaped a host of sector-specific or project-type-specific model project agreements and related contracts. Version 1 of Standardisation of PFI Contracts was brought forward largely in response to the second PFI review conducted by Sir Malcolm Bates, commissioned on 12 November 1998, undertaken in parallel with Peter Gershon’s assessment of central government civil procurement. A principal theme of Bates’s second review was the drive to consolidate and enhance central coordination in PFI...
This Practice Note examines the change protocol—sometimes called the change mechanism—commonly included in the Project Agreement for a PFI or PF2 (occasionally termed PFII) project. It explores why the change protocol exists, the categories of change, the steps for implementing change, the effects of change, and the ramifications under procurement law. In the 2018 Budget (delivered on 29 October 2018), the government confirmed it would cease using PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nonetheless, the government has indicated it will continue to back private investment in infrastructure, and certain elements of the established drafting may still have relevance in those circumstances. Moreover, live PFI and PF2 arrangements will remain in operation and, given the usual duration of such arrangements, are expected to run for many years. Accordingly, while PF2 will not be pursued for fresh...
Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a...
This Practice Note offers a high-level overview of the Private Finance Initiative ( PFI), outlining what PFI entails, how a standard PFI project is put together, and its core features. It also covers PFI’s successor, ‘ PF2’. In the 2018 Budget, delivered on 29 October 2018, the government stated that PF2 will not be used for new projects. Even so, existing PFI and PF2 schemes will continue, and, given the usual lifespan of these arrangements, they are likely to run for many years. What is PFI? PFI is a way to procure the design, construction and operation of public services and public sector infrastructure such as hospitals, schools, leisure facilities, social housing, waste management, emergency services, defence, roads and highways, social care and prisons. Introduced in 1992 by the Conservative government and later keenly adopted by their Labour successors, it was regarded as a...
This Practice Note outlines key aspects of patent law, including applying for and maintaining patents, patent assignment and licensing, and patent infringement. For more information about applying for and maintaining patents and transactions involving patents, see: Patent transactions and management—overview. For more information about disputes involving patents, see: Patent disputes—overview. What is a patent? A patent is a form of property that protects certain types of technical inventions. The invention can be a product or a process for doing something. Patents do not cover information or appearance, which may instead be protected by trade marks, copyright or design rights. To obtain a patent, technical information about the invention must be disclosed to the public in a patent application. Patent applications are filed at the Intellectual Property Office ( IPO) or the designated patent authority within the relevant country. The IPO examines...
This new starter guide offers a primer on patent law, with multiple links to wider Lexis+® UK resources for deeper insight. It is designed for trainee solicitors and anyone new to patents. For guidance on other intellectual property ( IP) rights, including further new starter guides, see Practice Note: Intellectual property ( IP)—new starter guide. If a topic is not addressed here, explore the two Patents subtopics: Patents transactions and management, and Patents disputes. For concise outlines of these areas, see Patent transactions and management—overview and Patent disputes—overview. The guide also sets out how to subscribe to IP daily and weekly news alerts and how to reach the Lexis Ask team. Introductory materials For an introduction to patents, see Practice Notes: Patent applications—how to obtain patent protection in the UK Patentability and exclusions from patentability ...
In brief A large share of Parliament’s work is handled by committees of MPs and peers focused on a particular topic or duty. Public bill committees concentrate on examining and debating the fine points of bills. Select committees gather evidence and issue reports across defined policy fields within those remits. Select committees in the Commons Select committees have existed for centuries, yet by the twentieth century it was increasingly recognised that they could serve as a vital means of scrutinising government, which had grown in the modern era. Sir Ivor Jennings, in Parliamentary Reform ( Victor Gollancz, 1934, chapter XI), contended that broadening the committee system would produce stronger, more democratic government, bringing the Government into closer contact with public opinion without diminishing its capacity to govern. During the 1960s, six select committees focused on particular policy fields were established, and became known as the...
In brief UK data protection legislation is designed to make sure information about living people (falling within the meaning of ‘personal data’) is treated fairly and responsibly. To achieve this, UK data protection law places extensive duties on anyone ‘processing’ personal data, as well as on those controlling such activities in practice. ‘ Processing’ is interpreted widely, covering almost any operation on data, such as collecting, storing, deleting, disclosing, or otherwise using it. A central safeguard within UK data protection law is, in particular, the framework of obligations imposed on ‘controllers’—generally the parties determining the purposes and means of processing—and on ‘processors’, being those who handle personal data for a controller in line with the controller’s instructions. Among other requirements, UK data protection law typically obliges controllers and processors to enter into contracts containing specified minimum terms and to ensure that any...
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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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