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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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Practice Note A data centre is a facility that accommodates computer and communications equipment. This Practice Note addresses the following key issues: Security Personal data Technology Service descriptions and service levels Business continuity Encryption The supplier Contracting issues Ongoing management Data centre service models Data centre services can be delivered through different approaches, summarised at a high level: co-location service — allows the customer to lease space in the data centre while the supplier provides the environment for the customer’s own servers. The supplier also supplies essential supporting services: safeguarding the data centre and the leased area, delivering power, and regulating humidity and temperature across the facility. The footprint may range from a single shelf in a rack, through a dedicated room or cage, to an entire floor and/or building. Space can be...
FORTHCOMING CHANGE: On 12 November 2025, the Cyber Security and Resilience ( Network and Information Systems) Bill ( CSRB) was laid before the House of Commons. The CSRB provides for amendments to the Network and Information Systems Regulations 2018 ( SI 2018/506), notably widening their scope to cover data centres, managed service providers and large load controllers, and allowing regulators to identify ‘critical suppliers’. It overhauls incident reporting by creating a two‑stage process—an initial alert within 24 hours followed by a comprehensive report within 72 hours—and enlarges the definition of reportable incidents to capture a wider set of security compromises. The Secretary of State is also granted powers to make regulations concerning the security and resilience of network and information systems, to set a statement of strategic priorities for regulatory authorities, and to publish a code of practice. In addition, the CSRB confers powers to issue...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit has influenced UK cybersecurity, with particular emphasis on the network and information systems legislation. It addresses: a snapshot of UK cybersecurity regulation before the end of the implementation period the origins of Directive ( EU) 2016/1148, the Network and Information Systems Directive ( NIS Directive), and how it was implemented in the UK the broad consequences of Brexit for the UK’s application of the NIS Directive what the end of the transition period means for relevant digital service providers ( RDSPs) a summary of effects on qualified trust services under Regulation ( EU) 910/2014 (the e IDAS Regulation) the impact of the transition’s end on UK– EU cooperation on cybersecurity The prominence of cybersecurity has been underlined by recent high-profile incidents affecting companies and public services. These have involved a wide array of attack...
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 ...
Issues to consider This Practice Note will be valuable for advisers to the publishing sector and providers of news aggregation services concerned with the spread of online information. It presumes familiarity with, and should be consulted alongside, the following Practice Notes: Copyright—subsistence and qualification Copyright infringement Linking on the web Copyright empowers the owner to restrain others from undertaking specified acts in relation to the protected work, including reproducing it and communicating it to the public. Online news aggregation and linking now represent major commercial activity, with copyright determining who may do what with particular content. When assessing the dissemination of information online, the key questions to address are: whether the material benefits from copyright protection whether there has been copyright infringement whether any exceptions to infringement apply the position regarding consent to reproduce material or to perform other...
ARCHIVED: This Practice Note is archived and no longer updated. At 11 pm ( GMT) on 31 December 2020, the implementation period ended, which had been designed to help the UK move away from the EU’s rules and bodies. From that moment (described here as ‘ IP completion day’), the UK’s legal framework shifted immediately and materially. This Practice Note outlines what that shift means for consumer protection. How does Brexit impact consumer protection? UK consumer protection rules originate partly in EU legislation and partly in domestic law. In several respects, Brexit produced a more muted short-term effect for consumer protection because EU Member States were already unevenly regulated, and businesses selling to EU consumers were used to addressing particular cross-border obligations. That said, if EU consumer protection rules depart from the approach taken in the UK, or if the UK pursues further...
This Practice Note offers direction on how UK competition law applies to digital markets. It examines: the reach of the Chapter I prohibition in digital trade, including competition law concerns with horizontal and vertical arrangements; abuse of dominance by online platforms; UK market studies and market investigations concerning digital markets; and reforms brought in by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). It underscores both the benefits and the difficulties of maintaining competition law compliance across the digital commerce lifecycle. This applies at every stage and touchpoint in practice today. Introduction to competition law and digital trading Over recent decades, the manner in which traders buy and sell goods has changed dramatically. As the internet and other forms of digital connectivity become embedded within society, traders are ever more dependent on digital platforms to transact with business customers and...
ARCHIVED: This Practice Note is archived and is not being maintained. Introduction This Practice Note tracks key Brexit- and commercial law-specific developments and guidance. Where possible, related updates are grouped for readers’ convenience. Jump to: Advertising, marketing and sponsorship Agency and distribution Consumer protection Data protection E-commerce Sale and supply of goods Supply of services International trade—importing and exporting goods and services International trade—customs & excise Brexit—general This Practice Note does not cover general Brexit developments; see Practice Note: Brexit timeline. For progress on UK legislation prepared for the UK’s withdrawal from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 ( Exit Day), the UK left EU membership and entered an implementation period, during which EU law still applied. Transitional provisions implementing the Withdrawal Agreement—the European Union ( Withdrawal Agreement) Act 2020 ( EU( WA) A...
This tracker outlines the key dates for developments and initiatives in UK regulation of civilian drones (also known as unmanned aerial vehicles, or UAVs), covering consultations, legislative changes, and related guidance, reports and announcements. For more information on drones, see: Drones—overview Practice Note: Drones—the UK legal framework Practice Note: Drones—privacy and data protection To follow EU progress on drones, see Practice Note: EU Drones—tracker. Key developments 3 March 2025 — Guidelines: The Civil Aviation Authority ( CAA) has released the UK Specific Operations Risk Assessment ( SORA) as an Acceptable Means of Compliance to UK Regulation ( EU) 2019/947 Article 11, taking effect from 23 April 2025. The release introduces new Remote Pilot Competence standards within AMC/ GM, which apply immediately, and includes an update to CAP 722B. A digital UK SORA Application Service will go live in April 2025 for...
Practice Note This Practice Note highlights some of the principal legal considerations to bear in mind when engaging in online trade with consumers. The term ‘consumer’ varies across statutes, yet typically denotes a natural person acting for reasons wholly or chiefly beyond that person’s trade, business, craft or profession. Broad commercial law topics—such as the state of goods, standard of services, competition, and taxation—are not examined in depth in this Practice Note. Additional legal obligations may influence particular online ventures depending on sector-specific regimes or the nature of the goods or services offered (eg rules relevant to financial services, consumer credit, ticket sales or resales, unsolicited products, auctions, gambling, or online pornography); where pertinent, these should be reviewed and likewise fall outside the scope of this Practice Note. For guidance and commentary on...
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......
The publishing industry This Practice Note outlines the legal and contractual landscape governing the publishing sector, while introducing key commercial and technological considerations. Publishers deliver content in multiple formats and for differing aims and readerships. Traditionally, the field splits between: trade publishers serving a general or consumer market; and other publishers concentrating on educational, academic, professional or scientific, technical, and medical audiences. In reality, these categories can overlap and intersect with adjacent industries, a trend accelerated by the evolution of digital media—for instance, convergence between newspaper and magazine publishing and the broadcasting and audiovisual arenas. There has also been discussion about whether social media and other online platforms ought, as a legal matter, to be regarded as ‘publishers’. Nevertheless, this Practice Note concentrates on conventional book and journal publishing, in both print and digital forms, encompassing e-books, websites, apps, databases and other online...
Purpose and audience This Practice Note sets out a concise, practical overview of the main digital sales routes used in the UK’s business-to-consumer ( B2C) e-commerce landscape. It is aimed at readers who need a grounding in the legal, commercial, and regulatory factors that shape advice on online consumer sales. The Note contrasts the predominant B2C channels—direct-to-consumer ( D2C) websites, online marketplaces, social commerce, mobile applications (m-commerce), subscription-led models, and hybrid or omnichannel retail. Each route is considered from both legal and operational perspectives, with reference to the UK’s current legal regime, including relevant assimilated EU law. Although not comprehensive, it supports clients in selecting which channels to deploy, identifying the principal risks and duties attached to each, and understanding how applicable legislation may affect business processes and compliance focus. It can assist with early-stage scoping and...
This Practice Note is a practical ‘how to’ on delivering a compliant B2C direct digital marketing campaign, signposting related resources. It outlines what digital marketing entails, the legal framework for campaigns carried out entirely by digital means, and the key considerations and processes for advertisers, publishers and traders before sending digital marketing communications directly to consumers. Regulation 2 of the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426, defines ‘direct marketing’ as ‘the communication (by whatever means) of advertising or marketing material which is directed to particular individuals’. This Note does not explore the overarching principles of direct marketing, but instead concentrates on matters specific to the digital sphere. For guidance on fundamentals, and how to run print or telephone activity, see Practice Note: How to run a compliant direct marketing...
This Practice Note outlines the law governing the use of boilerplate provisions in business-to-consumer ( B2C) contracts. In addition to summarising the Consumer Rights Act 2015 ( CRA 2015), which polices unfair terms in B2C agreements, it also considers the Competition and Markets Authority guidance ‘ Unfair contract terms: CMA37’ ( CMA Guidance). For analysis of particular boilerplate terms used in B2C arrangements—adjudication, alternative dispute resolution ( ADR), arbitration, assignment, definitions and interpretation, entire agreement, force majeure, governing law, jurisdiction, variation and waiver—see Practice Note: Boilerplate clauses in business-to-consumer contracts—specific clauses. For wider material on standard terms and conditions in B2C contracts, see the following Practice Notes: Consumer standard terms and conditions—the business context Consumer standard terms and conditions—the advertising and marketing context Consumer standard terms and...
Audiovisual expenditure credit ( AVEC) scheme In the UK, the Corporation Tax Act 2009 ( CTA 2009) makes expenditure credits available for British films and television programmes. The audiovisual expenditure credit ( AVEC) replaced the tax relief introduced by the Finance Act 2014 and enables tax credits to be claimed where a film or TV production satisfies the relevant eligibility conditions. Film tax relief first appeared in 2007 under the Finance Act 2006 to stimulate investment in UK productions. Since launch, 5,230 films have lodged claims, with £5,905m paid to qualifying production companies. The relief was broadened in 2013 to cover television programmes. Since then, 1,375 programmes have made claims, and £3,967m has been paid out. For further detail, see Creative Industries Statistics August 2024. Historically, several film-related schemes have come under scrutiny for seeking to exploit legislative loopholes via film...
This tracker summarises key dates and insights on legal issues tied to the evolution of artificial intelligence ( AI), including publications and announcements across the UK... Practice Notes on: an AI overview; AI and machine learning—an introduction; AI—intellectual property; AI—data protection; AI—explainability; AI— UK regulation and the National AI Strategy; AI in the EU—the key legal issues Contractual considerations for procuring AI—checklist For updates on EU initiatives concerning AI, see the Practice Notes: EU artificial intelligence—key developments tracker and EU artificial intelligence—horizon scanner... Key developments 9 March 2026 — Research and analysis: The Competition and Markets Authority ( CMA) releases analysis on the rise of agentic AI and its potential to move consumer engagement from reactive tools to autonomous systems. It identifies possible consumer gains, including less friction and more personalised assistance. Alongside this...
ARCHIVED : This Practice Note has been archived and is not maintained This Practice Note reviews the rules for identifying the applicable law, also described as governing law, as they operate between the UK’s exit from the EU on 31 January 2020 and the conclusion of the implementation period, which the EU refers to as the transition period. It addresses whether the implementation period can be extended, whether the applicable law frameworks in Regulation ( EC) 593/2008, Rome I, and Regulation ( EC) 864/2007, Rome II, continue to apply during that period, and what is expected at its end. For a quick reference Brexit research aid answering key questions on Brexit and offering useful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and...
ARCHIVED: this archived Practice Note is not maintained and is provided solely for background reference. Furthermore, certain links may no longer point to the provisions as they were at the time this Practice Note’s guidance was published. This year’s annual round-up highlights several of 2017’s most notable developments and looks ahead to what 2018 may bring. It covers the GDPR’s progress; major shifts in telecommunications, including the abolition of roaming charges and the changes introduced by the Digital Economy Act 2017 ( DEA 2017); an outline of the government’s Industrial Strategy; and significant developments in media. Also included are updates on Lexis Nexis’ content, featuring notable advances from the past year and what to expect over the next twelve months. Reviewing 2017 New technologies What happened? New and emerging technologies—such as artificial intelligence, autonomous vehicles and...
Design rights before and after Brexit The aim of this Practice Note is to provide a concise overview of the different UK design rights available both before and after Brexit. In brief, the UK’s departure from the EU means that, from IP completion day (11.00 pm on 31 December 2020), the UK stopped being subject to the EU design framework, which at that time covered registered Community designs ( RCDs) and unregistered Community designs ( UCDs). The UK is excluded from the territorial scope of those unitary rights (and from international design registrations designating the EU) and is no longer bound by Regulation ( EC) 6/2002. Consequently, the UK implemented arrangements under which the proprietor of an RCD or a UCD on IP completion day automatically became the owner of an equivalent UK design right. Designs safeguarded as RCDs were cloned into a new UK right...
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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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