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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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ARCHIVED ARCHIVED: This Practice Note is archived and not maintained. It tracks domestic legislation introduced by the UK government in response to the coronavirus ( COVID-19) pandemic, and includes a Coronavirus SI database compiling details of pertinent draft and made secondary legislation laid before Parliament. Quick links Click the links below to go to the relevant section: Coronavirus legislation Coronavirus SI database Coronavirus Act 2020 Coronavirus Act 2020—commencement tracker Bill Tracker Coronavirus legislation In addition to the Coronavirus Act 2020 (see below), the government has used delegated powers to introduce and deliver further coronavirus measures through secondary legislation. The chief vehicle is statutory instruments ( SIs). These SIs are made under varied enabling powers for multiple purposes, for example to modify existing UK law and to implement new or revised domestic policy prompted by the outbreak, including in public health,...
This new starter guide introduces copyright law and signposts further Lexis+® UK materials offering fuller coverage. It is for trainee solicitors and anyone new to copyright. Information on other intellectual property ( IP) rights, including additional starter guides, appears in Practice Note: Intellectual property ( IP)—new starter guide. Where topics fall outside this guide, consult the two Copyright subtopics: Copyright & associated rights transactions and management Copyright disputes For summaries of these areas, see: Copyright & associated rights—overview and Copyright disputes—overview. The guide also explains how to subscribe to the IP daily and weekly news alerts and how to contact the Lexis Ask team. Introductory materials For an introduction to copyright law, see Practice Notes: Copyright—subsistence and qualification Copyright—protectable works Copyright—authorship and ownership Duration of copyright Copyright infringement ...
This Practice Note This Practice Note is aimed at commercial lawyers who are not specialists in intellectual property ( IP). It introduces copyright and related rights in the UK, outlining what copyright is, how it comes to exist, and how to protect, transact, manage and exploit it. If you are a specialist IP lawyer, refer instead to the Copyright & associated rights—overview and Copyright disputes—overview, together with the documents they reference. Using this Practice Note This Practice Note is broadly arranged into five principal sections covering: Subsistence of copyright (copyright is not a registered right): eligibility of works, qualifying categories and qualification generally Maintaining copyright: the term of protection, copyright notices and policies Dealing with copyright in agreements: assignments, licences and collective licensing Asserting copyright: disputes, exceptions (permitted acts), defences and remedies for infringement Rights associated with copyright: moral rights and...
ARCHIVED: This Practice Note has been archived and is not maintained. The nature of reform and recurrent trends Reform is simply a means to an end—altering Civil Service structures and processes so it works more effectively. The case for reform has remained as steady as the frequency of initiatives. Over the last 40 years, major reforms have addressed one or more of six themes: efficiency and performance size, structures, functions delivery and customers markets and new business models policy-making staffing, skills and capability Across those decades, some clear tendencies have emerged: reduced confidence in sweeping structural change, such as enlarging departments or shifting functions a much stronger emphasis on customers and citizens greater use of markets and privatisation—the UK is an international outlier in its reliance on the private sector and alternative business models fresh...
This Practice Note centres on the alpha scheme. What is the alpha scheme? The alpha scheme, forming part of the Civil Service Pension ( CSP) arrangements, took effect on 1 April 2015 as the reformed public service pension for civil servants. It is a career average revalued earnings ( CARE) scheme. From 1 April 2015 it was the public service pension for civil servants, replacing future PCSPS accrual. Before alpha was introduced, the Principle Civil Service Pension Scheme ( PCSPS) was the main pension for the civil service. The PCSPS comprises four sections: Classic, Premium, Classic Plus and Nuvos. The first three are final salary sections, while the fourth ( Nuvos) is a career‑average section. For further details on the PCSPS, see Practice Note: The legacy Principal Civil Service Pension Scheme ( PCSPS). When alpha was launched, the government acted to close the PCSPS to future...
The Bribery Act 2010 ( BA 2010) Enacted to secure the UK’s adherence to the Organisation for Economic Co-operation and Development’s ( OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the Bribery Act 2010 ( BA 2010) delivers an effective framework to address corruption across public and private spheres, updating the UK’s anti-corruption regime and supplanting Prevention of Corruption Act 1906 and Prevention of Corruption Act 1916. BA 2010 carries significant consequences for any company incorporated in, or trading from, the UK. Its global reach covers bribery undertaken by a business, or by third parties acting for it, regardless of where in the world the conduct occurs......
ARCHIVED: This Practice Note has been archived and is no longer maintained or updated. TUPE 2006, PF2s and other PPPs Public/private partnership ( PPP) projects, including Private Finance 2 ( PF2) initiatives, may involve transfers of undertakings and changes to service provision that fall within the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246. TUPE 2006 was revised in several aspects, including service provision changes, by the Collective Redundancies and Transfer of Undertakings ( Protection of Employment) ( Amendment) Regulations 2014, SI 2014/16. Where it is uncertain whether TUPE 2006 applies as a strict matter of law, wider political pressures often, in practice, lead the parties to proceed on the basis that it does, which is frequently reflected in the project documentation itself. Guidance on staff transfers in the public sector Alongside meeting the statutory duties in full under TUPE 2006 (as...
FORTHCOMING CHANGES: An Equality and Human Rights Commission ( EHRC) consultation ran from 2 October 2024 to 3 January 2025, inviting views and responses on revising the statutory Code of Practice on services, public functions and associations, so it captures significant and notable shifts in legislation and case law since its original 2011 publication. In the wake of the Supreme Court judgment delivered in For Women Scotland v Scottish Ministers, after also stating it would work ‘at pace’ to embed the ruling’s implications specifically within the refreshed Code, and thereafter issuing an interim update on the practical effects of the UK Supreme Court judgment on 25 April 2025, the EHRC subsequently opened a further consultation on additional amendments to the Code of Practice, running from 20 May 2025 to 30 June 2025. For detailed information, see also: LNB News 02/10/2024 23, Law360: EHRC to update legal...
The Pensions Regulator The Pensions Regulator ( TPR) is the statutory authority overseeing occupational pension schemes, with a view to, among other aims, safeguarding members’ benefits, minimising calls on the Pension Protection Fund, and promoting and improving understanding of the good administration of work‑based pension schemes. Its remit also extends to UK public service schemes. TPR supplies guidance, education and training, and practical assistance to support scheme managers, pension boards, administrators, employers and others in meeting legal obligations while striving for best practice. It collaborates with scheme advisory boards so its message and guidance reach the widest possible audience. Where it considers it necessary, TPR has said it is willing to deploy its powers in relation to public service pension schemes. Detailing particular cases falls outside the scope of this Practice Note. Nonetheless, TPR has confirmed it has exercised its powers in the public service pension...
Scope of this Practice Note This Practice Note addresses preparing a contract termination notice for breach, together with, where suitable, a without prejudice offer letter to resolve any claim stemming from the termination. It pinpoints the principal issues to assess and explains, in detail, the context underpinning the drafting of each of our bespoke termination notice Precedents and the context behind them. It also considers multiple bases for terminating, and the choice between relying on an express contractual right to terminate or proceeding at common law for repudiatory breach when both avenues exist, ensuring your termination notice is valid and evaluating whether, if deemed appropriate, to enclose it with an offer to settle any liability arising from the breach. For guidance on using our related bespoke notice of breach Precedents, see Practice Note: Drafting notices of breach of...
This Practice Note explains how a PFI or PF2 project can be terminated. It outlines the ways termination may occur, and examines the aftermath, the risks tied to bringing a project to an end, and the practicalities that parties should factor in. In the 2018 Budget (delivered on 29 October 2018), the government announced it would stop using PF2 for new projects (see News Analysis: Budget 2018—what does it mean for infrastructure and housebuilding?). Nevertheless, existing PFI and PF2 arrangements will carry on and, given the usual duration of these schemes, are expected to do so for many years. Both public and private sector participants have traditionally viewed ending a PFI as a ‘nuclear’ course, laden with risk and potential cost exposure. Yet pressure on public sector finances is considerable, and some authorities may regard terminating expensive PFI contracts as a credible option. Although...
STOP PRESS: From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Any procurement launched on or after that date must proceed under PA 2023. Procurements started under the earlier 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 run and overseen in line with those rules. See Practice Note: Introduction to the Procurement Act 2023— PA 2023. This content relates to the Procurement Act 2023 regime. This practical guidance addresses public procurement under PA 2023. Under this regime, tender notices replace contract notices under the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102. For practical guidance on contract notices under PCR 2015, see Practice Note: Prior information notices and contract...
STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions launched on or after that date must proceed under PA 2023, while procedures started under the earlier instruments—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: Introduction to public contracts procurement. This guidance sits within the PA 2023 regime. It offers practical direction on public procurement under PA 2023; for materials on the former framework, see Practice Notes: Eligibility and selection in public procurement—exclusion criteria and Eligibility and selection in public procurement—selection criteria. This Practice Note addresses the PA 2023 selection and exclusion regime, in...
Rising worldwide need for public infrastructure—from roads and schools to energy schemes—has sparked fresh, inventive approaches to arranging the procurement and financing of such facilities. There are countless ways to structure a project. The chosen model turns on factors such as: who the employer is (e.g. public authority, private company, or consortium) the character of the scheme (e.g. its complexity, whether it concerns state‑owned assets) whether only facility design and construction are being purchased whether facility operation and maintenance are also being procured which party raises the funding or supplies investment for the project (e.g. a public body or a private consortium) who owns the facility during construction, operation, and at the end of any operating term who is entitled to the facility’s output or revenues Some infrastructure schemes are let entirely by the private sector (for...
There are five essential stages to boosting efficiency overall consistently: define precisely which process requires improvement (covered in this Practice Note) measure the issue clearly (see Practice Note: Improving efficiency: Step 2—measure the problem) analyse the relevant data (see Practice Note: Improving efficiency: Step 3—analyse what is causing the problem) enhance the process meaningfully (see Practice Note: Improving efficiency: Step 4—improve the problem) control, ie embed the revised process firmly so it becomes business as usual (see Practice Note: Improving efficiency: Step 5—embedding changes) Management consultants widely describe this as the ‘ DMAIC framework’. This Practice Note takes you through the opening step—the ‘define’ stage in detail. It sets out two practical ways to pinpoint which processes merit attention at this stage, ie by: identifying where processes create waste, as waste truly signals an inefficient process checking...
The way a public inquiry is run can differ markedly from one to another. Even where an inquiry is set up under the Inquiries Act 2005 ( IA 2005), the accompanying rules give limited prescription on process. Likewise, formal guidance is sparse. The Cabinet Office’s Inquiries Guidance: Guidance for Inquiry Chairs and Secretaries and Sponsor Departments was characterised by a witness before the House of Lords Select Committee on the Inquiries Act 2005 as ‘frankly…no use at all’. This Practice Note concentrates on statutory, not non‑statutory, inquiries. For further context, see Practice Note: Public inquiries. Key stages of an inquiry the announcement of the inquiry, its terms of reference, and appointment of a chair or panel the formal opening of the inquiry recruiting an inquiry secretary and team, plus a solicitor to the inquiry and counsel to the...
What is the standstill period? When a contracting authority reaches its decision on awarding a public contract subject to the Public Contracts Regulations 2015 ( PCR 2015), SI 2015/102, it must observe a standstill period. This mandatory window prevents the authority from entering into the contract with the winning bidder until the standstill has expired. It gives unsuccessful tenderers the chance to: request further information from the contracting authority; and assess whether their rights were prejudiced during the procurement If so, they may seek to have the award decision set aside. This remedy can sit alongside, or be pursued instead of, a claim for damages. In certain cases, other remedies may apply, including a declaration of ineffectiveness (where the contract has already been concluded, and only on limited grounds). See Practice Notes: Public procurement remedies and Damages as a remedy in public...
This practical guidance concerns the regime predating the Procurement Act 2023. It offers direction for public procurement exercises initiated before PA 2023 came into effect on 24 February 2025. Procurements within scope started on or after that date fall under PA 2023. By virtue of the Act’s transitional and savings provisions, the former procurement frameworks remain in force so far as required to let contracting authorities finalise and administer procurements begun prior to commencement (i.e. those still ongoing). This Practice Note should be read on that basis. For background, see Practice Note: Introduction to the Procurement Act 2023— PA 2023. Further hands-on guidance on PA 2023 appears in a separate subtopic, see: Procurement Act 2023—overview. Stakeholder engagement in public procurement Engaging stakeholders—often spanning a broad spectrum of interests—is pivotal to the success of large procurements and investment programmes. Each stakeholder will assess the project or...
The public sector equality duty ( PSED) The PSED, set out in Part 11 of the Equality Act 2010 ( Eq A 2010), comprises a general equality duty—the overarching substance of the obligation—supported by specific duties intended to assist delivery of that general duty. For background, see Practice Note: Public sector equality duty. This Practice Note explains how the specific duties require public bodies to act transparently in meeting the PSED, requiring them to: publish relevant, proportionate information evidencing compliance with the PSED set and publish specific, measurable equality objectives The specific duties do not replace the general PSED. Public bodies subject to them must fulfil the specific duties to support overall compliance with the general duty. These duties also enable monitoring and demonstration of that compliance. As a result, public authorities can be held to account by their service users for decisions taken, and equality aims remain firmly in the...
This Practice Note offers a concise overview of how spare parts are treated under the main IP rights recognised in English law (designs, trade marks, patents and copyright). It also includes illustrations of how the rules operate in practice and down-to-earth guidance for rights holders and for businesses that make and/or sell spare parts. What are spare parts? A ‘spare part’ is an interchangeable component kept in stock and used to repair or replace failed units. Spare parts are integral to logistics engineering and supply chain management, frequently supported by dedicated spare parts management systems and distinct markets focused on the manufacture, supply and/or fitting of parts, including businesses where spares are a principal offering, such as garages and repair centres. Designs The connection between design rights and spare parts is especially close, as in certain circumstances protection can cover a part of a product, not only the...
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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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