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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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The public sector ranks among the UK’s biggest and most consequential repositories of information. Championing the use and re-use of public sector material brings substantial economic gains while also energising democratic participation and openness. Re-using public sector information sits squarely within the government’s transparency programme and its backing for open data. The evolution of open licensing, such as ( OGL), makes re-use simpler and more attractive. This Practice Note explores the growth of open licensing, with particular focus on the UK Government Licensing Framework ( UKGLF) and the OGL. Policy context In the UK, growing attention is being paid to the essential contribution that public sector information makes to society, across both public and private spheres, from economic and social viewpoints across the country and sectors today......
ARCHIVED: This Practice Note has been archived and is not maintained. The Infrastructure and Projects Authority (' IPA') released the National Infrastructure Delivery Plan 2016–2021 (' NIDP') on 23 March 2016. It set out investment plans for infrastructure projects and programmes throughout the UK to 2020–2021 and beyond. It also explained the government’s approach to financing, procurement, delivery and monitoring of those initiatives. The NIDP replaced the National Infrastructure Plan (' NIP'), first issued in October 2010 and subsequently updated. For further details on the NIP, see Practice Note: The National Infrastructure Plan [ Archived]. Unlike the NIP, the NIDP included commitments for social infrastructure alongside housing and regeneration, as well as investment in 'economic infrastructure'. On 23 March 2016, the IPA also brought forward the Government Construction Strategy 2016–2020. For more information, see Practice Note: Government Construction Strategy 2016–2020 [...
The 21st century has delivered vast pieces of primary legislation, exemplified by the Companies Act 2006 with its 1,300 sections and 16 Schedules. In parallel, the yearly volume of statutory instruments has expanded, rising from 1,664 in 2008 and peaking at 3,485 in 2014. Totals then declined from 2016, with 1,387 passed in 2018. Even so, the growing length of Acts of Parliament and the surge from 100 or fewer statutory instruments to more than 1,000 a year beginning in 1970 and 1972 underline the mounting codification of UK law and a persistent shift towards secondary legislation. Getting started The Office of the Parliamentary Counsel’s Drafting Guidance is an essential reference, particularly for primary legislation. Alongside practical advice on drafting and the legislative process, it sets out the rationale behind modern drafting approaches. The guidance covers: the overarching drafting principle of clarity ...
This starter guide offers a primer on IP law. It is designed for trainee solicitors and anyone new to IP as a practice area. Inside you’ll find links to key IP materials on Lexis+® UK, alongside other Lexis+® UK resources that expand on the subjects discussed. Guidance is included on subscribing to the daily and weekly IP news alerts from Lexis+® UK. Newcomers will also find the Overviews within each IP subtopic helpful. These summaries outline the law for a specific right or issue and signpost relevant content within that subtopic to aid navigation. For example: Copyright & associated rights—overview and Copyright disputes—overview. If this guide does not address a point, you can explore additional Lexis+® UK material within the IP practice area. What do IP lawyers do? IP deals with intangible rights—copyright, database right, designs, trade marks and patents—and the legal frameworks that protect them. The field...
This Practice Note This Practice Note sets side-by-side patents, supplementary protection certificates ( SPCs), trade secrets, copyright, database rights, design rights, trade marks and the tort of passing off, measured against: how protection comes about, what is covered (including, e.g. originality/novelty thresholds), length of protection, geographic scope, ownership, infringement, available defences, and threats provisions. It then weighs the principal pros and cons of each form of IP. The emphasis is on rights operating in the UK. After Brexit, the UK ceased to participate in the EU trade mark ( EUTM) and EU designs regimes. Those regimes confer unitary rights spanning the EU Member States. Nonetheless, as outlined in greater detail below, arrangements exist for comparable UK rights to be established. This Practice Note does not examine the EUTM and EU designs regimes in depth. For further reading, see: Trade marks ( EU...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill attained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partly commencing that same day. Provisions addressing matters such as handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other elements, including notices from the Information Commissioner and certain aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can be brought into force. Parts 5 and 6 modify aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...
This Practice Note outlines the different tiers of security clearance needed for public sector employees and other personnel who handle and have access to government assets, such as civil servants, service personnel and contractors across government. In particular, it reviews the government baseline personnel security standard, the accreditation check, the counter-terrorist check, the security check and developed vetting. It also explains when each level is required, who is authorised to undertake the checks, and the appeals route and procedures available. Personnel security controls Personnel security controls help deter and counter threats to national security. All those granted access to government assets, including civil servants, members of the armed forces and private sector staff engaged on government contracts, must be subject to pre-employment personnel screening. There are several levels of personnel security checks. The principal categories are: Government Baseline Personnel Security Standard (...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill was granted Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect on that day. Provisions dealing with matters such as handling data subject access requests, and the conferring of powers to create further regulations, commenced immediately on 19 June 2025. Other provisions, covering notices from the Information Commissioner and some aspects of law enforcement processing, took effect on 19 August 2025 (two months from Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 of DUAA 2025 amend elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
This Practice Note examines issues, considerations, and recommended approaches for sharing personal data among controllers—covering both joint controllers and independent controllers—in general, commonly encountered business-to-business commercial situations, in line with the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It presumes a level of reader familiarity with the principal data protection concepts and terms, as well as the role and remit of the Information Commissioner’s Office ( ICO). For a high-level introduction to this topic and related issues, see: Data sharing and transactions—overview. For a higher-level introduction to UK data protection laws more generally, see Practice Note: Data protection law—new starter guide. The UK data protection law collection brings together further general guidance, including guidance on key terms used in the legislation and their meaning, and is a recommended starting point for data protection...
This Practice Note offers additional guidance on the principal definitions found in the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 (the UK GDPR). For a high-level overview of UK data protection legislation, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and Data protection law—new starter guide. The UK data protection law collection brings together further general guidance and is a recommended first point of reference for research. Scope of this Practice Note Given the significant volume of data moving between the UK and the EEA, corresponding EEA data protection rules remain particularly relevant to UK practitioners. There continues to be substantial similarity between: the EU GDPR (which was applicable under UK laws until the close of the Brexit implementation period at 11 pm UK time on 31 December 2020 and still applies within the EEA) the UK GDPR...
This Practice Note This Practice Note outlines how the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) operates differently for ‘public bodies’ (defined in the UK GDPR and also referred to as ‘public authorities’) and other public sector entities, when compared with private sector organisations. ‘ Assimilated law’ is the label applied to retained EU law ( REUL) that continues to have effect after the close of 2023. Re-labelling REUL (and related terminology) as assimilated law signifies a shift in its status and handling under UK law, namely that it is to be read by reference to ordinary domestic law and principles. From 1 January 2024, REUL becomes ‘assimilated’ into domestic law because, in general, it is divested of EU-derived interpretive effects (for example, the supremacy of EU law, directly effective rights, and the general...
This Practice Note sets out the requirements of the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), where a processor handles personal data for a controller in a commercial setting. It proceeds on the basis that readers are already familiar with core data protection concepts, terminology, and the functions of key regulators. For an initial overview of data protection law, consult the ‘key principles and concepts’ tab in the UK Data Protection toolkit, which is a recommended starting point for research. For a higher-level primer on this topic and connected matters, see: Data sharing and transactions—overview. This Practice Note also sits within the Data protection negotiation guide—controller: processor—collection, which practitioners drafting or negotiating data protection clauses between a controller and a processor may find helpful. In brief UK data protection legislation aims to ensure information about living people (within the scope of...
This Practice Note is aimed at private-sector commercial organisations in the UK. It explains the Information Commissioner’s Office ( ICO) expectations for securing, recording and managing consent to process personal data, and mirrors UK General Data Protection Regulation ( UK GDPR) requirements concerning consent... What is consent? Consent is a freely given, specific, informed and unambiguous sign of the data subject’s wishes whereby they, by a statement or a clear positive action, confirm agreement to the processing of personal data. Accordingly, consent must be: freely given specific informed unambiguous There are two levels of consent based on the type of data processed: standard consent, required when relying on consent to process non-sensitive personal data explicit consent, required when relying on consent to process special category (sensitive) personal data—there is no definition of explicit consent but see Practice Note: How to...
ARCHIVED: This Practice Note is archived and not being updated. Evidence-based policy is a method and mindset that supports people to take well-judged decisions on policies, programmes and projects by making sure policy design and delivery are guided by the strongest available evidence. As one Whitehall policymaker puts it in practical terms, there are two strands: evidence that action is required, and evidence that a chosen response is the right remedy. See What Works? Evidence-based Policy and Practice in Public Services, Nutley and Smith, 2000. The rise of evidence-based policy We should create policies that truly address problems, look ahead, are shaped by evidence rather than short-term pressures, and deal with root causes rather than symptoms, as set out in the White Paper Modernising Government, March 1999. The UK has been, and continues to be, among the world leaders in...
Traditionally, landfill dominated waste treatment in the UK, largely because past mineral extraction left plentiful suitable sites. Since the mid‑1990s, though, practice has shifted as the climate implications of waste management have been recognised and legislation has made landfill less appealing. These shifts have, in turn, encouraged the growth of waste to energy plants, which take waste and convert it into usable energy. Outputs include electricity and heat, alongside commodities such as transport fuels or natural gas. Many new facilities are being developed with energy generation, as well as waste management, as a central part of their role. Each year the UK produces substantial volumes of waste. Government data indicates the UK generated around 32.6 million tonnes of commercial and industrial waste in 2023, down from 40.4 million tonnes in 2020. Household waste was over 25 million tonnes in 2023 compared with 27...
Three parts of the UK have a devolved legislature and an executive. Yet the transfer of authority to each was not carried out uniformly, and a substantial area of the UK lacks any devolved legislature positioned between the UK government at Westminster and its citizens. This Practice Note outlines the background to these differing approaches, provides an overview of how powers are devolved, and explains how those powers are exercised. Why is there variation in the devolution of powers, and their exercise within the constitutional structure of the UK? To understand the UK’s present constitutional set-up, and the mechanics of devolution, it is necessary to place it within the history of the state’s formation and evolution. Great Britain was created in 1707 by the Acts of Union passed by the formerly independent nation states of England and Scotland. However, while the Acts produced a single...
This Practice Note introduces design law and outlines the range of UK design rights, both registered and unregistered, that right holders may invoke. For further details on registering designs and on dealings in designs, see: Design transactions and management—overview. For guidance on disputes, see: Design disputes—overview. What are design rights? Design rights safeguard the shape, configuration, or visual appearance of all or part of a product/article, as distinct from how it functions. The purpose of design law is to prevent others from producing items made to the design or generating the same overall impression as the original. This Practice Note summarises the different registered and unregistered design rights available to right holders in the UK. Design rights currently available in the UK The design rights currently available in the UK include: UK registered designs (including re-registered designs and re-registered international designs) UK...
This Practice Note surveys construction and engineering activity within the UK defence arena. It summarises the Ministry of Defence ( MOD)’s spending and procurement approach, the applicable public procurement regime, the Defence Reform Act 2014 ( DRA 2014) and Single Source Contract Regulations 2014 ( SSCR 2014), plus the deployment of standard form construction contracts. While the DRA 2014 and SSCR 2014 continue to underpin MOD procurement, the framework is shifting. The Procurement Act 2023 ( PA 2023), refreshed NEC4 frameworks, and enhanced sustainability and SME objectives signal a sustained focus on openness, value for money, and innovation across the defence estate. A significant reorganisation of UK defence commenced in 2025 through the Strategic Defence Review and Defence Reform programme. This Practice Note captures policy and legislative updates to October 2025, including developments under PA 2023, the MOD SME Action Plan...
This new starter guide sets out the fundamentals of database right law. It highlights the core principles and directs you to numerous Lexis+ UK sources and materials for fuller guidance. It is designed for trainee solicitors, paralegals, and those beginning to work with database right law. Information on other IP rights, including other new starter guides, is available in Practice Note: Intellectual property ( IP)—new starter guide. Those new to IP will also find the topic Overviews Database transactions and management—overview and Database disputes—overview useful. Where issues fall beyond this basic guide, go to the IP homepage and select Databases under ‘ Topics and Tasks’ to explore the Databases topic’s subtopics: Database transactions and management Database disputes This guide also includes links to help you get the most from the IP practice area’s materials, including how to contact the Lexis Ask...
UK databases—scope, Brexit and assimilated law Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 ( IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained EU law—under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union ( Withdrawal Agreement) Act 2020 amended the EU( W) A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to...
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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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