Featured documents
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Most recent Practice notes
Practice Note This Practice Note offers practical guidance on the current border controls between the United Kingdom and the European Union, along with the changes scheduled to commence on 1 January 2022. It covers customs declarations, the payment of customs duty and VAT, and sanitary and phytosanitary checks. Introduction In November 2021, the UK released its updated border operating model, explaining how the UK border functions in relation to the EU. The model was originally brought in on 1 January 2021 following the UK’s departure from the EU customs union. From that date, certain border controls were introduced. These were phased in to allow time to build and prepare the necessary infrastructure to support those controls. In December 2021, the UK further updated the border operating model to temporarily prolong staged customs controls for goods moving from the island of Ireland into Great Britain. This interim step was taken...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing that day. Provisions dealing with responses to data subject access requests, and the conferral of power to make further regulations, took immediate effect on 19 June 2025. Other measures-covering notices issued by the Information Commissioner and certain aspects of law enforcement processing-commenced on 19 August 2025, two months after Royal Assent. The majority of DUAA 2025’s remaining provisions will only begin once additional regulations are made in the form of statutory instruments. Part 5 of DUAA 2025 updates elements of UK data protection and e Privacy legislation, 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 music collecting societies, which may operate as ‘licensing bodies’, and/or ‘ Collective Management Organisations’ ( CMOs). It outlines: the rationale for music collecting societies; how collecting societies work; and the regulation applicable to music collecting societies. It then supplies details on PRS for Music ( PRS) and Phonographic Performance Limited ( PPL) (covering their members and the rights they administer), as well as the joint venture PPL PRS Ltd and The Music Licence. This Practice Note sets out practical matters to bear in mind when dealing with music collecting societies. The need for music collecting societies and the legal framework The proprietor of copyright in a creation such as a musical work or a sound recording is entitled to authorise or prevent certain restricted acts. In the UK, those acts are listed in Chapter II of the Copyright, Designs and Patents Act 1988 (...
Introduction This Practice Note provides an overview of the Competition and Markets Authority’s ( CMA) guidance on how the Chapter I prohibition in the Competition Act 1998 ( CA 1998) applies to horizontal agreements (the Horizontal Guidance). The Horizontal Guidance supersedes the European Commission Guidelines on Horizontal Cooperation Agreements, which no longer have effect in the UK. Where relevant, this Practice Note also signposts the Competition Act 1998 ( Vertical Agreements Block Exemption) Order 2022 ( VABEO) and the CMA’s guidance on that regime ( VABEO Guidance). NOTE- The Horizontal Guidance contains a high-level outline of the block exemptions for research and development ( R& D) and specialisation agreements, which took effect on 1 January 2023. These exemptions are only summarised in this Practice Note. Sustainability is excluded from the Horizontal Guidance; it is addressed in separate guidance and is not covered...
Advertising and marketing- Canada- Q& A guide [ Archived, 2021 edition] This Practice Note provides a Canada-specific Q& A on advertising and marketing, released within the Lexology Getting the Deal Through series by Law Business Research (published: November 2020). Authors: Miller Thomson LLP- Kelly Harris 1. What are the principal statutes regulating advertising generally? The Competition Act (the Act) is the chief federal law tackling false or misleading advertising and deceptive marketing. It bans public representations that are materially false or misleading. Such statements are reviewable under civil provisions and are likewise prohibited under the Act’s criminal provisions; these are the same, except the criminal offence demands a ‘knowing’ or ‘reckless’ state of mind. The Competition Bureau is the enforcement authority and may proceed along either the civil or criminal route when addressing misleading advertising. In practice, the Bureau reserves the criminal route for the most...
In recent years, most sectors have felt the effects of innovation and emerging technology. Much of this progress is driven by the aim to lower costs and enhance efficiency. So far, disruption within the debt capital markets has been limited, chiefly due to significant entry barriers such as capital requirements and regulatory scrutiny. This is changing, however, as these markets begin to adopt new technologies... What is fintech? There is no single agreed definition of ‘fintech’, but the term is commonly used to capture technology-enabled innovation within financial services. cryptocurrencies/cryptoassets (eg bitcoin) blockchain or distributed ledger technology ( DLT) artificial intelligence ( AI) and machine learning ( ML) crowd funding platforms ‘telematics-based’ insurance (eg where data is collected to monitor driving) mobile banking Why is fintech being explored for the debt capital...
Database right Database right is a proprietary entitlement in the UK, arising from the transposition of Directive 96/9/ EC (the EU Database Directive), and applies to a database where there has been substantial investment in acquiring, checking, or presenting its contents. Illustrations of what may amount to a database include: a hard copy or electronic encyclopaedia; collections of data hosted on websites; the intranet; a spreadsheet recording a database and a PDF version of that spreadsheet (see the Forensic Telecommunications Services Limited case); and a document management system. The EU Database Directive was put into effect in the UK by the Copyright and Rights in Databases Regulations 1997 ( CRD 1997, also called the Database Regulations 1997), SI 1997/3032. Database right is infringed by the extraction or re-utilisation of the whole or a substantial part of the database’s contents without the permission of the rights holder. Not every database benefits from database right....
This timeline outlines significant milestones and material concerning the UK’s Network and Information Systems Regulations 2018 ( NIS Regulations), SI 2018/506, and covers proposals to amend them by way of the Cyber Security and Resilience ( Network and Information Systems) Bill laid before Parliament in November 2025. It brings together strategies, consultations, progress updates, reform suggestions, plus commentary and guidance from various organisations on these developments. For further detail, see Practice Note: The Network and Information Systems Regulations 2018. Key developments 27 March 2026 — Ofgem. DESNZ and Ofgem opened a consultation seeking input on plans to recast cyber resilience regulation for downstream gas and electricity operators across Great Britain, reflecting the evolving energy system, Clean Power 2030, and a heightened cyber security threat. Proposals cover: setting baseline cyber resilience obligations for all Ofgem licensees via licence conditions, using Cyber Essentials or Cyber...
This Practice Note compiles a consolidated set of key United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR)-compliant precedent terms, clauses, provisions, schedules and agreements, which can be tailored for commercial dealings and personal data sharing contexts. It also contains certain schedules intended for matters where both the UK GDPR and the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) apply, tackling both regimes within one contract by adopting the highest common denominator of the two compliance frameworks. It is structured as follows: controller to processor data processing arrangements controller to controller data sharing arrangements clauses for international transfers Consult the relevant document for details on when each is intended to be used. For a broad primer on data protection law that gathers key practical guidance, see: UK data protection law...
STOP PRESS : On 29 April 2026, the Crime and Policing Act 2026 secured Royal Assent. This statute will make a range of amendments to the Online Safety Act 2023 ( OSA 2023), among them the creation of fresh digital offences. See: LNB News 30/04/2026 21. This Practice Note is impacted and is currently being revised. It provides hands-on guidance on OSA 2023’s enforcement regime, with illustrative examples of how Ofcom: assesses suspected contraventions of the Act uses its investigatory powers and, where justified, levies sanctions for non-compliance OSA 2023 establishes the UK framework for Ofcom’s oversight of online content. For broader commentary, see Practice Notes: The Online Safety Act 2023 and The Online Safety Act 2023—a quick guide. This Practice Note does not cover criminal liability arising from individual items of content (ie the communications offences in OSA 2023, Pt 10)—for that, see...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
What is advertising (ad) fraud? Advertising (ad) fraud encompasses deceptive or unlawful activity across the advertising ecosystem, spanning scams served through adverts to technical ruses that overstate ad performance. It also covers scams delivered via adverts and technical schemes devised to inflate metrics such as impressions or clicks. As the Internet Advertising Bureau ( IAB) frames it, this includes the intentional creation of bogus—often non-human—traffic to siphon money from the advertising marketplace. Although it appears in many guises, it is typically characterised by bot-driven interactions, deliberate misrepresentation, or circumstances where adverts have a slim likelihood of being viewed by genuine people. Robust UK-specific figures are scarce; nevertheless, multiple global datasets indicate losses in the billions and rising swiftly. The consequences are felt by consumers as well as organisations operating within the advertising ecosystem. UK regulators have intensified their focus on ad fraud, with fresh...
Framework This Practice Note offers practical guidance on the UK competition law landscape for major online platforms, drawing principally on Part 1 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). DMCCA 2024 secured Royal Assent on 24 May 2024, and the digital markets provisions discussed in this Practice Note, set out in DMCCA 2024, Pt 1, entered into force on 1 January 2025 by means of the Digital Markets, Competition and Consumers Act 2024 ( Commencement No 1 and Savings and Transitional Provisions) Regulations 2024, SI 2024/1226 (see: LNB News 28/11/2024 7). DMCCA 2024 introduced: a digital competition regime for digital markets in the UK ( Digital Competition Regime) reforms to the UK competition regime via amendments to the Competition Act 1998 ( CA 1998) and the Enterprise Act 2002 ( En A 2002) enhanced consumer...
This Practice Note discusses the key legal and commercial issues relevant to in-app purchases and consumer protection. It explores the context and key terms, outlines the present consumer protection regime covering in-app purchases, and also considers forthcoming changes, relevant non-binding industry guidance, and practical best practice suggestions for developers. Mobile applications now permeate daily life, mirroring the widespread adoption of smartphones, tablets and other portable computing devices. As usage has expanded, developers have increasingly sought to generate income from substantial user communities. Paying for content or functionality within apps—rather than, or alongside, paying for the app itself—has become the norm. However, developers have been criticised for not ensuring that in-app purchasing is sufficiently transparent or easy for consumers to understand and control. This Practice Note: Reviews the background and terminology from a UK consumer law perspective Sets out the current UK consumer...
The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as: trolling cyberbullying virtual mobbing cyberstalking flaming creating fake social media accounts It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 ( OSA 2023). The second part addresses civil causes of action that might arise, including: defamation misuse of private information civil harassment data protection infringement of intellectual property ( IP) rights consumer protection and advertising regulations disinformation practical ways to bring an action the ‘right to be forgotten’ and to ‘erasure’ Brexit This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based...
Introduction Escrow is the arrangement whereby two or more parties lodge property or instruments with a trusted third party (an 'escrow agent'). The deposited materials are delivered to one party when a defined release event occurs, for example the fulfilment of that party’s obligations, or the failure of another party to meet theirs. Escrow is now a common means of safeguarding the interests of software licensors and licensees. Licensors will be reluctant to disclose commercially sensitive information about the design of their software. However, without that information a licensee may be unable to maintain the software if the licensor does not. By placing those materials into escrow, to be released to the licensee on specified supplier defaults, the licensor may find an acceptable compromise that also protects the licensee’s business. This Practice Note considers the use of source code escrow and, in...
All websites should be accessible, especially by people with disabilities. Website access is regulated by the Equality Act 2010 ( Eq A 2010) together with the Public Sector Bodies ( Websites and Mobile Applications) ( No 2) Accessibility Regulations 2018 ( PSBAR), SI 2018/952. Those Regulations give effect to Directive ( EU) 2016/2102 (the EU Web Accessibility Directive) on making public sector bodies’ websites and mobile applications accessible to users. ( As EU‑derived domestic legislation, these Regulations sit within assimilated law and remain in force in the UK—see Practice Note: Assimilated law.) This Practice Note concentrates on UK-specific legislation and guidance relating to web accessibility across the sector. That said, organisations trading in both the EU and the UK should evaluate whether any additional or different compliance obligations may apply in their circumstances. In particular, they should note Directive ( EU) 2019/882 (the...
IP and online retail Building a digital shopfront—either alongside, or in place of, physical stores—opens access to a wider audience and makes services more convenient for customers. This Practice Note offers guidance on protecting IP in an online retail business, obtaining essential third-party rights, avoiding infringement of others’ rights, and enforcing IP against infringers. It addresses choosing a brand, creating an online retail website, running promotional activity, and dealing with suppliers, and also considers emerging technologies such as artificial intelligence ( AI) and the Metaverse. The key issues to consider include: Protecting IP used for retail services and planning effective enforcement. Securing the necessary third-party IP rights and permissions. Reducing the risk of infringing competitors’ rights and responding to infringements. Choosing a brand name When defining an online retail strategy, ensure you select a brand that serves as a clear badge of origin,...
This Practice Note outlines the approach to the responsibility of providers of intermediary services for unlawful and illegal content circulated or conveyed through their services, together with the conditional liability exemptions in the Electronic Commerce ( EC Directive) Regulations 2002 (the E- Commerce Regulations 2002), SI 2002/2013. Those Regulations gave effect to Directive 2000/31/ EC (the EU E- Commerce Directive), so the exemptions originate in EU law and, from the end of 2023, are treated as assimilated law. The Practice Note also considers how the UK approach to these exemptions has, or may, depart from the E- Commerce Directive. The E- Commerce Regulations 2002 set out liability shields for unlawful or illegal content applying to information society service providers ( ISSPs) that offer intermediary services. This Practice Note does not explore in depth the EU regulatory framework for ISSPs. For the EU...
Practice Note: Consumer Rights Act 2015—services This Practice Note reviews the Consumer Rights Act 2015 ( CRA 2015) insofar as it concerns services, and outlines consumers’ statutory entitlements under the CRA 2015 in relation to contracts for services. It also examines the standards applicable to the provision of services and the consumer remedies where services are non-conforming. For a general overview of the CRA 2015, including definitions of key terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For consideration of how the CRA 2015 applies to goods, digital content and unfair terms, see Practice Notes as follows: Consumer Rights Act 2015—goods Consumer Rights Act 2015—digital content Consumer Rights Act 2015—unfair terms Helpful guidance on the CRA 2015’s application to services has been produced by the Chartered Trading Standards Institute ( CTSI Guidance) and the Department for Business, Energy &...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
