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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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AI procurement and contract resources This resource kit brings together the principal practical guidance available across Lexis+® UK that addresses issues encountered when procuring artificial intelligence ( AI) technologies and when negotiating AI contracts. It is revised as new material is published. For broader AI content and the legal questions arising from its use across different contexts and sectors, see Practice Note: Artificial intelligence ( AI) resource kit. Guides, checklists and overviews Practical guidance document More information Practical guidance content type Negotiation guide— AI contracts This negotiation guide delivers hands-on advice on key points that may arise when agreeing contracts to source AI solutions. Aimed chiefly at customers buying AI systems, it also reflects positions suppliers may adopt. It outlines each party’s objectives, explores potential bargaining positions and flags frequent pitfalls that can occur in AI contract...
Influencer marketing through social media influencers Influencer-led promotion has surged within the advertising landscape. International and domestic brands alike work with social media personalities to spotlight their names, products and services, since these figures can also strongly shape consumers’ purchasing choices through the demonstrations, endorsements and praise they share. Likewise, global research indicates that Türkiye places 11th worldwide for the largest number of social media users. In 2023, Türkiye counted 69.55 million social media users, and forecasts suggest this could rise to 79.6 million by 2029. Up to 2021, Türkiye lacked specific statutes, regulations or self-regulatory measures tailored to advertising via social platforms. Nevertheless, the overarching advertising rules and principles set out in Consumer Protection Law No. 6502 (the Consumer Protection Law) and the Commercial Advertisement and Unfair Commercial Practices Regulation (the Advertising Regulation) governed social media promotions. They applied to material marked as...
THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL AND PERSONAL PENSION SCHEMES Automatic statutory transfer of terms and conditions of employment In private sector outsourcings, staff moving to a Supplier must continue on the same contractual terms after the handover as applied beforehand, in line with the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE), save that a specific pensions exception applies in practice. Which benefits fall within the pensions exception?......
This Practice Note provides guidance on how the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246 apply to public sector transfers It summarises the policy and guidance that sit alongside TUPE 2006 to safeguard public sector workers’ pensions, and addresses: Exceptions for administrative reorganisations of public administrative authorities, and the movement of administrative functions between such authorities Transfers within central government, the effect of the Cabinet Office Statement of Practice ( COSOP), and TUPE‑equivalent protection Shifts from public to private sector, the Two‑ Tier Code ( Wales), Principles of Good Employment Practice, and Good Practice for managing the consequences of outsourcing and privatisation Fair Deal policy, Best Value Authorities, the Best Value Direction, and Quality Contracts Schemes It further explains that EU‑derived provisions, including much of TUPE 2006 made to meet the UK’s...
This Practice Note addresses the challenges that emerge when IT assets are transferred as part of a business disposal. For purchasers, technology is a critical aspect of the target, and a detailed review of needs and handover matters is essential. For a broad summary of an IT lawyer’s remit in corporate deals, see Practice Note: Corporate transactions for technology lawyers, and for matters specific to tech companies, see Practice Note: Buying a software business—key considerations. Identify assets required From a commercial perspective, consider how the target relies on IT and how critical those systems are to its activities. Preferably, carry out a full audit and assessment of the IT estate, its proprietorship, and whether each element is actually needed. This may, at times, prompt a rethink of what is required. Given the fast-moving nature of enterprise technology, an asset acquisition can offer a chance to retire...
This tracker sets out the key decisions and information relating to the proceedings concerning: patent applications for inventions claimed to be created by DABUS (device for the autonomous bootstrapping of unified sentience), an AI ‘creativity machine’ developed by Dr Stephen Thaler a copyright registration for an image generated by Thaler’s ‘creativity machine’ It records pivotal rulings in the UK, across Europe and worldwide from patent offices — including the UK Intellectual Property Office ( UKIPO) and the European Patent Office ( EPO) — as well as national courts. With the exception of South Africa, where substantive examination of patent filings is not undertaken, patent offices and courts in multiple jurisdictions have refused Thaler’s patent applications on the basis that an AI system cannot qualify as an inventor under the applicable patent laws. This reflects a legal consensus that the named inventor on a patent must be a...
ARCHIVED : This archived Practice Note was prepared by reference to the earlier/old Electronic Communications Code (the previous Code) and, where premises might be affected by telecommunications leases governed by the previous Code, it flags drafting considerations and due diligence points where relevant. Nevertheless, its substance still has relevance for the purposes of the transitional arrangements in the new Code. It is not updated and is supplied solely as background information purposes only. The new Code (found in Schedule 3A, Part 1 to the Communications Act 2003) took effect on 28 December 2017. Under the transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, subsisting agreements made under the previous Code (ie an agreement pursuant to paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the previous Code) continue to...
Technology products, solutions and services sit at the heart of almost every business, appearing in many guises. They differ in scale, complexity and worth, spanning major outsourcing and managed services through to ‘as a service’ offerings delivered via the cloud and on‑premise software licences. Nonetheless, certain contractual themes recur, with customers and suppliers holding reasonable concerns that must be accommodated if a deal is to be concluded. This Practice Note signposts the issues most frequently encountered and outlines ways disagreements between the parties can be settled. Adequacy of due diligence Many technology transactions call for the customer to share information with the supplier before signature, enabling the supplier to define the scope and set an appropriate price. At times, a request for proposal from the customer captures everything; more commonly, the supplier must obtain and review further detail to gain sufficient comfort about what is being...
Costs management Note: The 152nd Practice Direction ( PD) update took effect on 1 December 2022; see 151st and 152nd Practice Direction updates—changes in force 16 November 2022 and 1 December 2022, LNB News 21/11/2022 54. This PD update formally renumbered CPR PD 3E (costs management) as CPR PD 3D to reflect the cross‑referencing amendments introduced by the Civil Procedure ( Amendment No 2) Rules 2022, SI 2022/783, and the 149th PD update. From 1 December 2022, the costs management PD is therefore CPR PD 3D. The Technology and Construction Guide still cites CPR PD 3E, but it should be read as CPR PD 3D until it is updated. This Practice Note examines costs management within the Technology and Construction Court ( TCC). Although many CPR provisions apply, it is also necessary to consider the Technology and Construction Court Guide, which may impose...
This Practice Note This Practice Note examines how case management is conducted in the Technology and Construction Court ( TCC), by reference to the provisions of CPR 60, CPR PD 60, and the Technology and Construction Court Guide. As these materials supplement the general provisions found elsewhere in the CPR, it should be read together with wider guidance on case management, in particular: the court’s array of case management powers under CPR 3, and case management more generally—see Practice Note: Case management of civil claims under the CPR, and Case management—checklist multi-track case management—see Practice Notes: Multi-track—case management, and Multi-track—case management conference ( CMC) the significance and importance of complying with rules, practice directions and court orders, together with practical pointers to assist—see Practice Note: Case...
This Practice Note sets out guidance on witness statements and factual evidence for use at trial in the Technology and Construction Court ( TCC) under CPR 60, CPR PD 60 and the Technology and Construction Court Guide (the ‘ TCC Guide’), paragraphs 12.1–12.4. Specifically, it deals with preparing statements for TCC trials and advises on employing witness summaries for hesitant or unavailable witnesses, handling situations where a witness’s command of English is limited, and cross‑referencing documents within statements and supplemental statements. It further covers filing and service of witness statements in TCC claims, the giving of evidence at a TCC trial, and the possible consequences of failing to comply with the applicable provisions. Lastly, it provides practical pointers on witness evidence for TCC trials. This Practice Note concerns witness statements and factual evidence for trial. For guidance on: witness statements in support,...
This Practice Note sets out guidance for preparing for a case management conference ( CMC) in the Technology and Construction Court ( TCC), covering when the CMC will be held, what documents should be assembled in advance, attending the CMC itself, and the steps that follow the hearing. Authoritative direction on these points in the TCC appears in CPR 60, CPR PD 60 and the Technology and Construction Court Guide. Because those provisions supplement the general CPR, this Practice Note should be read alongside broader multi-track CMC materials, including Practice Note: Multi-track—case management conference ( CMC) and Multi-track—case management—checklist. It should also be considered with Practice Note: TCC—case management, which addresses general case management matters in the TCC. TCC claims are treated as allocated to the multi-track, and CPR 26 does not apply to TCC proceedings ( CPR 60.6(1) and Technology and...
This Practice Note reviews current and forthcoming rules shaping TMT and examines leading organisations influencing sector benchmarks. It identifies the organisations most influential on evolving industry norms and compliance expectations. It then considers technology’s environmental effects and sets out actions and openings the TMT industries will probably need to adopt to progress towards a sustainable future. The discussion frames both risks and opportunities for TMT as it charts a path towards sustainability. It outlines the part played by the telecoms and media sectors in assessing their environmental footprint and how they might promote sustainable practices. It also reflects on how these sectors can promote greener practices across operations. It concludes by signposting ways companies can tackle sustainability across internal policies and practices, supply chains and the use of technology. For sustainable business guidance, see: ESG and...
ARCHIVED: This Practice Note is archived and no longer maintained. How does Brexit impact supply of goods? Brexit influences the supply of goods wherever movements cross between the UK and the EU, as fresh trading frameworks between the UK and EU have applied since 1 January 2021. Parties should review goods supply contracts, in particular where they touch on intellectual property, data protection and competition law issues. Sector-specific factors and chosen routes to market will also require attention. For manufacturers, updates to product safety and conformity arrangements will be critical. A gradual divergence in product liability is likewise expected over time. Contracts for the supply of goods The rules governing business-to-business supply contracts stem from UK law; therefore, agreements for purely domestic supplies (that is, goods traded between two UK-based entities) are, in the main, unaffected by Brexit. From IP completion day, the UK is treated as a third...
The prime/subcontractor model To deliver a comprehensive IT portfolio to their clients, technology providers may engage additional specialist suppliers to bolster what they can supply. In such cases, the main provider is commonly called the prime contractor, while any third parties it appoints to perform elements of the contracted services are described as subcontractors. Under this model, the prime contractor remains contractually, financially and operationally responsible for delivering the services under its agreement with the customer (the prime contract), whether delivery is by itself or through a subcontractor. Accordingly, if a subcontractor’s act or omission causes a breach and loss ensues, the customer may (subject to the contract) pursue the prime contractor for the resulting damages arising from that default. For this reason, primes frequently seek to include a risk premium on top of the overhead and profit margin they apply to the...
Practice Note This Practice Note explores prevalent approaches to motivating suppliers within outsourcing engagements. It examines service credits, earn back, service bonuses, gain sharing and results-based contracting. It also looks at general oversight tools such as step-in, benchmarking and audit rights. Most outsourcing agreements include measures intended to drive suppliers by either penalising substandard performance or rewarding outcomes that surpass the specified benchmark. This Practice Note focuses on the following common methods of supplier incentivisation: Service credits, earnback and service bonuses Late delivery payments and early delivery bonuses Gainsharing Results-based contracting Oversight arrangements These levers form only part of a wider context for encouraging supplier performance. Outsourcing deals are typically long-term and rely on a continuing relationship between the parties. Accordingly, the customer will often recognise that: a measured, balanced stance is prudent, avoiding efforts to shift all risks onto the...
ARCHIVED: This Practice Note is archived and is not maintained How does Brexit impact standard terms and conditions? Brexit’s key effects on standard terms and conditions arise from practical adjustments to be addressed when drafting and assessing the suitability of standard form terms for the purchase and supply of goods and/or services, covering both business to business and business-to-consumer contracts. Review of suitability Standard form terms and conditions should be checked to ensure they remain appropriate for use after IP completion day, both for the commercial arrangements they govern and the contract wording itself. Consider whether any standard terms and conditions require amendment or tailoring. This may include clauses on territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution. See Practice Notes: Brexit—contract risk management [ Archived] Brexit—drafting commercial clauses [ Archived] ...
This Practice Note is designed chiefly for brands and businesses planning to work with influencers for social marketing campaigns and advertising promotions in Spain. The nature of social media influencers Influencers offer companies and brands a compelling route to showcase products or services. Through expansive channels such as their social networks and media platforms, they provide notable visibility and harness the closeness they build with end-users. Many have audiences of thousands, even millions, whom they sway through their style of communication, the way they frame messages, and the content they create. Consequently, they are a highly potent marketing tool, enabling brands to reach prospective clients more quickly and directly than long-standing channels like television, radio or static advertising. In line with the 2025 Code of Conduct on Advertising Through Influencers, prepared by the Spanish Association for the Self- Regulation of Commercial...
This Practice Note explores the principal legal and commercial considerations that may surface in a business-to-business setting when drafting and negotiating warranties and indemnities for both standard and off-the-shelf software licences, as well as more intricate arrangements. For guidance on other core matters affecting software licences, including limitations on liability linked to warranty or indemnity claims, see Practice Note: Key issues in software licence agreements. See also the following materials on dispute resolution: Pre-action: general—overview Starting a claim or counterclaim—overview Contractual breach damages and remedies—overview For warranties and indemnities within cloud models, including software as a service ( Saa S), see Practice Note: Cloud computing—key legal issues. Warranties A warranty is a contractual promise (see Bentsen v Taylor & Sons). In most commercial agreements, including software licences, warranties are assurances that specific facts or states of affairs are accurate, but they can also be...
A software audit arises when a software supplier seeks confirmation that a customer’s use of licensed software complies with the terms of the granted licence, and requests verification of that compliance. Such reviews confirm adherence to permissions granted. This Practice Note offers guidance on: the purpose of a software audit and the exposure for customers circumstances that might prompt an audit preparing for the prospect of an audit the manner in which the audited organisation should run the audit how the audited organisation should address the final report, including dealing with adverse findings and negotiations It also addresses litigation connected to software audits. This Practice Note is based on the audit practices of leading international software suppliers. The guidance in this Practice Note should be applied and adapted on a case-by-case basis, as appropriate in the circumstances. The role of an audit and the risk for...
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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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