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
This Practice Note is chiefly for brands and advertising agencies looking to work with social media influencers (or other talent) on social media marketing campaigns and promotional advertising in Poland. It covers: Influencer marketing as a form of advertising Disclosure requirements Applicable advertising regulations Sanctions for inadequate disclosure Ownership of influencer content Key provisions in influencer contracts Influencer marketing as a form of advertising Although influencer activity is extremely popular in Poland, there are no statutes aimed specifically at it. The law treats influencer marketing as advertising, so in practice the full body of advertising rules applies. In September 2021, the President of the Office of Competition and Consumer Protection ( UOKi K) opened an investigation into the proper labelling of sponsored material by influencers. This led, in September 2022, to the release of an official guide on...
STOP PRESS: From 24 February 2025, the principal provisions of the Procurement Act 2023 ( PA 2023) are in effect. Procurements launched on or after that date must follow PA 2023, while those initiated under the earlier regimes must continue to be procured and overseen under those rules, namely: Public Contracts Regulations 2015 ( PCR 2015) Utilities Contracts Regulations 2016 Concession Regulations 2016 Defence and Security Public Contracts Regulations 2011 See Practice Note: Key Implications of the Procurement Act 2023 for Construction Lawyers. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union ( Withdrawal) Act 2018. For practical guidance on the status and construction of assimilated law, see Practice Note: Assimilated law. Where a contracting authority lets a public contract above the relevant financial threshold, it must adopt one of the...
This Practice Note This Practice Note supports commercial practitioners advising merchants or their subcontractors. It outlines the Payment Card Industry Data Security Standards ( PCI DSS), traces the origins of PCI DSS and the Payment Card Industry Security Standards Council ( PCI SSC), sets out who is in scope, and distils its principles and requirements. It reviews compliance obligations and enforcement, including card scheme penalties, and how these align with UK privacy and data security laws and standards. Topics addressed include PIN Transaction Security ( PTS), the Payment Application Data Security Standard ( PA- DSS), tokenisation, and considerations for shared-hosting providers. It also highlights key contractual protections that merchants should obtain from service providers. The Note excludes sector-specific laws, practices, or PCI DSS duties relevant to financial institutions, merchant acquirers, payment processors, payment networks, and banks, as these are for...
This Practice Note outlines the suite of remedies—step-in rights, service credits, liquidated damages and termination—used in outsourcing arrangements, with particular emphasis on step-in rights and their relationship with other remedies. It also considers the practicalities of exercising step-in rights and the typical concerns raised by each party during negotiations on step-in provisions. Remedies An outsourcing agreement will usually set out a range of remedies the customer may elect to use where the supplier is in default, or in other circumstances where the customer needs to step into the delivery of the services. The core remedies are: step-in rights service credits liquidated damages termination Each is described below, with a fuller treatment of step-in rights; service credits, liquidated damages and termination are considered more fully in other related materials (as indicated below). From a negotiation perspective, they are also explored in Practice Notes:...
Introduction Selecting an appropriate charging model, carefully aligned to scope and structure of the arrangement, is fundamental to cultivating a successful customer–supplier relationship in an outsourcing context. The chosen charging model defines the financial boundaries for when and how the supplier is paid, while also setting out, for the customer, the overall financial profile of the deal for budgetary purposes. Initial considerations When establishing a pricing methodology for an outsourcing transaction, the customer should determine at the outset whether it wishes to purchase ‘efforts’ or ‘results’ from its selected supplier. Once that direction is set, the charging approach can be built to reflect the outcome the customer is aiming to achieve. Where multiple discrete business functions are being outsourced, the customer may at the same time require cost certainty (i.e. results) and, separately, flexibility (i.e. effort), each applied to different components of the services as...
Practice Note This Practice Note highlights the principal risks when exiting an outsourcing arrangement, and covers specifying exit services, setting the duration and exit period, duties to co-operate and to supply information for any re-tendering process, treatment of personnel, know-how, intellectual property rights, transfer of assets and contracts, the exit plan and its costs, and steps to take where a contract lacks exit provisions. One constant of any outsourcing deal is that it will finish. Without anticipating failure, outsourcing agreements should be designed to ensure an orderly transition to the next phase following termination (whether for convenience or arising from a default), or upon their scheduled expiry date, so the handover is managed, predictable, and aligned with agreed responsibilities. Articulating the exit process within the outsourcing contract is critical. Moreover, the customer must hold the supplier to its contractual duties to plan for exit during the term so...
Introduction Outsourcing means passing functions from a customer to a supplier, which can result in the customer losing granular know-how about the processes used to deliver the services. The longer the arrangement runs, the greater the chance that both the services themselves and the delivery models will evolve. On exit, a customer might shift the services ‘as is’ to a new supplier or bring them back in-house, or it may opt for a wholly different solution. When an outsourcing ends—whether through breach, expiry or termination for convenience—exit planning must anticipate a range of scenarios. Robust exit clauses enable the customer to transition services away from the incumbent for practical, commercial and operational reasons. For regulated organisations, they are equally vital to meet regulatory risk management obligations, including those governing financial services outsourcing. See Practice Note: Financial services outsourcing and Financial services...
This Practice Note explains why sound due diligence arrangements are vital when preparing to outsource services. It highlights the main points to weigh at each of three suggested phases in an outsourcing initiative: the customer’s internal due diligence, the customer’s diligence on the supplier, and the supplier’s diligence on the intended outsourcing deal. It then explores practical ways to handle issues that commonly surface with due diligence in an outsourcing setting. Due diligence describes the exercise of gathering and evaluating the factual and legal framework surrounding a transaction. While in M& A transactions due diligence typically involves only the purchaser scrutinising the acquisition target, in outsourcing it should be reciprocal, with the supplier reviewing the customer’s proposed outsourcing project and the customer reviewing the supplier’s capability to deliver the services. This Practice Note covers the...
Benchmarking means assessing an incumbent outsourcing provider’s services against equivalent or comparable offerings from alternative suppliers on a like-for-like basis. A customer may carry out such an exercise to establish whether or not its current provider’s services match the wider market on price and quality, and to check that it is still receiving value for money from the engagement. This Practice Note addresses the following legal and commercial features of benchmarking within outsourcing arrangements and deals: When are benchmarking provisions used? Key considerations Consequences of benchmarking Supplier considerations Customer considerations It highlights key considerations, potential consequences, and perspectives for both supplier and customer parties. For a template benchmarking schedule, see Precedent: Benchmarking schedule. See also the ‘ Benchmarking’ section of Practice Notes: Negotiation guide—services agreements and Negotiation guide— IT contracts. When are benchmarking provisions used?......
To cut expenditure and drive efficiency, many companies now sub-contract elements of their operations to external providers, commonly referred to as ‘outsourcing’. There are no dedicated statutes, tax rules included, that govern outsourcing arrangements, and the term has no precise legal definition. As a result, each outsourcing deal turns on its own facts and throws up a different combination of tax considerations, VAT among them. This Practice Note highlights the key VAT points to assess when dealing with outsourcing. For broader tax considerations, see Practice Note: Outsourcing—general tax issues. This Practice Note addresses contractual outsourcing; for joint venture outsourcing, see: Joint ventures and tax—overview... VAT liability of outsourced supply A central question for outsourced services is how their VAT liability is treated. As a general rule, unless the services fall within a VAT exemption, qualify for the zero rate, or sit outside the scope of VAT (for...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 bring the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) into effect and operation. Measures concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement are in force and take effect from 5 February 2026, while those on penalty notices and complaints come into force from 19 June 2026, respectively. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. It examines the key employment law issues that may arise when drafting and negotiating outsourcing arrangements, with particular focus on the application of the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE), SI...
This Practice Note explores customer responsibilities and related dependencies within outsourcing arrangements. It sets out what these expressions mean, distinguishes them from assumptions, and outlines what happens when a customer does not meet a responsibility. It then highlights key considerations for both supplier and customer. Customer responsibilities are duties imposed on the customer under an outsourcing or other services contract that the supplier relies upon to deliver its own obligations. Often described as dependencies, they are frequently the subject of intense negotiation. This Practice Note addresses the following legal and commercial aspects: What are customer responsibilities? Consequences of customer failures Customer’s perspective Supplier’s perspective Implied duties See also clause 25 and Schedule 6 of Precedent: Outsourcing agreement—long form. Although the emphasis is on outsourcing, the issues described are applicable to most services agreements, particularly those that are complex or...
The orphan works problem Orphan works are copyright works where the rights holder is unknown or cannot be found. Examples include: books films music photographs The Copyright, Designs and Patents Act 1988 ( CDPA 1988) grants the copyright owner exclusive rights in the UK to perform various acts in relation to a copyright work. Acts set out in CDPA 1988—such as copying and communicating to the public—carried out by anyone other than the owner, without permission, may infringe those exclusive rights. As a result, orphan works cannot be copied or published without the rights holder’s consent without risking copyright infringement. This limits their use in, for example: books TV programmes exhibitions websites For further context on where orphan works sit within copyright and associated rights, see: Copyright & associated rights—overview. The orphan works problem has led to large volumes of...
The lawyer’s role in organising a mediation Where the parties conclude that mediation is a suitable route to settle their disagreement, or they are bound by a contract requiring them to consider mediation if a dispute arises, or the court directs the parties to consider mediation, responsibility for arranging the mediation at the outset of the process rests with the parties’ legal representatives in practice. This Practice Note looks at the lawyer’s role in setting up a mediation, including selecting a mediator, arranging the venue, drafting the mediation agreement and determining who will attend, and settling other practicalities as required. For information about the parties’ duties to consider alternative dispute resolution ( ADR) and the courts’ powers to order or encourage ADR, both before and during litigation, see Practice Note: Court powers to order or encourage ADR in civil...
This Practice Note serves as a practical ‘how to’ for incorporating open source software within your organisation, outlining the potential implications that may arise from its use. It summarises what open source software is, how it can be deployed, and the conditions attached to its use. It also addresses further legal factors businesses ought to weigh when opting to use open source software. The guidance is written from the standpoint of a business intending to adopt existing open source solutions. For further information on open source software, see the following Practice Notes: Free and open source software Free and open source software—strategy and policy Free and open source software—audits Free and open source software—public sector GNU General Public License ( GPL) 2.0—commentary What is open source software? In broad terms, open source software refers to software: that is supplied under a licence permitting the user to use, adapt and/or share the...
This Practice Note charts the main milestones in the Online Safety Bill’s ( OSB) progress, covering amendments during its passage through Parliament, consultations, connected guidance and official updates. The OSB was enacted as the Online Safety Act 2023 ( OSA 2023) on 26 October 2023, with certain provisions commencing that day. For developments on OSA 2023 following Royal Assent, see Practice Note: Online Safety Act 2023—tracker. For general background on OSA 2023, see Practice Note: The Online Safety Act 2023. Tracking developments 26 October 2023 – UK Parliament releases the complete text of OSA 2023. Parliament has made the full Act available. 26 October 2023 – OSA 2023 gains Royal Assent. See: LNB News 26/10/2023 74. 19 September 2023 – OSB clears its final parliamentary stage. Having concluded its final debate, it was set to become law on receiving Royal Assent, after which...
This Practice Note provides practical direction on preparing terms of service that align with the Online Safety Act 2023 ( OSA 2023). OSA 2023 establishes the UK regulatory framework for certain online services. It introduces a series of duties of care for in-scope providers which, for example, require steps to deter criminal use of their services. In broad terms, OSA 2023 covers: 'user-to-user services' (eg social media platforms that allow user-generated content to be shared with other users) 'search services' (eg search engines), and websites containing 'regulated provider pornographic content' For further information, see Practice Note: The Online Safety Act 2023. User-to-user services This Practice Note concentrates on selected requirements relevant to user-to-user services in relation to their 'terms of service'. The complete meaning of a 'user-to-user' service is set out in OSA 2023, s 3, namely an internet service through which content...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill was granted Royal Assent, at which point it became the Data ( Use and Access) Act 2025 ( DUAA 2025) and took partial effect that same day. Provisions addressing, among other things, replies to data subject access requests and the delegation of powers to make supplementary regulations commenced immediately on 19 June 2025. Further measures, including those relating to Information Commissioner notices and certain elements of law enforcement processing, started on 19 August 2025 (two months after Royal Assent). The bulk of DUAA 2025’s measures will only commence once additional regulations, in the form of statutory instruments, are made. Part 5 of DUAA 2025 updates areas of UK data protection and e Privacy law, spanning the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data...
The large and public client off-payroll regime This regime generally applies where a public authority or a private sector organisation (other than one that is small or lacks a UK connection) engages a worker via an intermediary, such as a personal service company ( PSC), and where, ignoring that intermediary, the link between the individual and the end client would be one of employment. The large and public client off-payroll regime places the duty to decide if IR35 is applicable on the end client. If the regime applies, the obligation to withhold income tax and National Insurance contributions ( NICs) falls on the fee-payer, meaning the party nearest to the PSC in the contractual chain—this could be the end client where it contracts directly with the PSC, or another intermediary in more complex supply chains. This allocation of...
The Video Recordings Act 1984 ( VRA 1984) sets out a number of offences relating to the possession and distribution of video recordings that are unclassified, or that breach a classification issued by the British Board of Film Classification. Time limits on proceedings Criminal proceedings for an offence under the VRA 1984 must not be instituted more than three years after the offence was committed, or more than one year after it was discovered by the prosecutor, whichever is earlier. Supplying a video recording of an unclassified work The offence of supplying a video recording of an unclassified work is triable in the magistrates’ court or in the Crown Court. A person commits the offence if they do any of the following: supply, or offer to supply, any video recording, that contains a video work, in respect of which no classification certificate has been issued Meaning of supply or offering to supply ' Supply' covers...
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
