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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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ARCHIVED: This Practice Note is archived and no longer updated. It addresses Directive 2002/20/ EC of the European Parliament and of the Council of 7 March 2002 concerning the authorisation of electronic communications networks and services, as modified by Directive 2009/140/ EC (the Authorisation Directive). It forms part of a collection of Practice Notes on key elements of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is governed by a common regulatory scheme, which initially comprised five directives (the Framework). The Framework’s purpose was to create a harmonised regime for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive ( EU) 2018/1972 establishing the European Electronic Communications Code ( Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and...
Practice Note on financial technology ( Fintech) This Practice Note explores how EU institutions, the European Supervisory Authorities ( ESAs) — namely the European Securities and Markers Authority ( ESMA), the European Banking Authority ( EBA) and the European Insurance and Occupational Pensions Authority ( EIOPA) — together with the European Central Bank ( ECB), pursue innovation in the EU Fintech landscape while maintaining robust oversight. For details of Fintech strategies and initiatives by UK authorities and regulators, see Practice Note: UK regulation of financial innovations and fintech. For insight into supranational activity in this field, see Practice Note: Supranational regulation of financial innovations and Fintech. Technology’s role in delivering financial services is reshaping the industry. Fintech spans an extensive array of technology‑enabled financial services and products. Examples include crowdfunding platforms such as peer‑to‑peer lending, online payments and credit services, digital wallets and e‑money,...
FORTHCOMING CHANGE: This Practice Note sets out the law as it currently stands, though elements could be affected by the Digital Omnibus proposals released on 19 November 2025 under the European Commission’s ‘simplification’ agenda. For details, see Practice Note: EU Digital Omnibus—tracker. It introduces the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). The UK data protection law collection and the EU data protection law collection compile further core guidance on these regimes and are recommended starting points for research. In brief, data protection law across the EEA (the EU together with Iceland, Norway and Liechtenstein) and the UK aims to ensure that information about living individuals (‘personal data’) is treated fairly and responsibly. To that end, both EEA and UK data protection laws impose...
This Practice Note outlines the main controls on the use of environmental claims in advertising and covers these core areas: relevant legislation self-regulatory codes sanctions for non-compliance Environmental messaging in marketing is rising as consumers become more informed about the ecological effects of the goods and services they choose. Firms are leveraging this heightened awareness by showcasing their sustainability credentials. Examples include statements such as 'environmentally friendly' or presenting a product or service as 'green', 'clean', or 'carbon neutral'. Typical wording ranges from broad descriptors to specific carbon-related statements, reflecting attempts to signal positive environmental impact to prospective customers across their marketing materials. As these claims proliferate, the Advertising Standards Authority ( ASA), the body tasked with overseeing advertising in the UK, has seen a parallel uptick in complaints about environmental claims in...
ARCHIVED: This Practice Note is archived and no longer updated. It concerns Directive 2002/21/ EC of the European Parliament and of the Council of 7 March 2002, which set out a common regulatory framework for electronic communications networks and services, as later amended by Directive 2009/140/ EC (the Framework Directive). It forms part of a suite of Practice Notes addressing core elements of the EU regime for electronic communications. Across the EU, a single regulatory scheme governs the provision of electronic communications networks and services in every Member State; at the outset it consisted of five directives (the Framework). The aim of the Framework was to create a harmonised system for regulating these networks and services throughout the EU. In December 2018, Directive ( EU) 2018/1972 establishing the European Electronic Communications Code ( Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and...
This Practice Note sets out the Electronic Commerce ( EC Directive) Regulations 2002 ( E- Commerce Regulations 2002), SI 2002/2013 as they apply to UK‑established businesses, and highlights the key definitions, obligations and statutory defences. Background and divergence The position in the UK The E- Commerce Regulations 2002 implemented in the UK Directive 2000/31/ EC ( OJ L 178/1), the EU E- Commerce Directive. Following the close of the Brexit implementation period (being 11 pm on 31 December 2020), the E- Commerce Regulations 2002 became part of the body of EU retained law applicable throughout the UK, as modified by the Electronic Commerce ( Amendment etc) ( EU Exit) Regulations 2019, SI 2019/87. From 1 January 2024, retained EU law is ‘assimilated’ into domestic law, by virtue of the fact that it is generally stripped of EU-derived interpretive effects (for example, supremacy of EU law,...
This Practice Note This Practice Note highlights the principal points to weigh when shaping service levels, and the recourse for missing them, within outsourcing contractual arrangements. When preparing service level agreements ( SLAs), matters to consider include the category of service level, what is assessed, cost and quality, outputs and outcomes, the means of measurement, service credits and other remedies, earn back and performance incentives, and adjustments to service levels during the term. The precise measures and metrics adopted in SLAs will turn on the nature of the services. It is prepared to apply to any kind of outsourcing and does not specifically centre on IT services (though what is outlined here remains pertinent in that sphere). For IT‑specific service level material, see Practice Note: Key issues in Saa S and hardware/software maintenance SLAs and Precedents: Service Level Agreement...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have taken effect. Competitions started on or after that date must proceed under PA 2023, while procurements commenced under the earlier regime ( Public Contracts Regulations 2015, Utilities Contracts Regulations 2016, Concession Contracts Regulations 2016, and Defence and Security Public Contracts Regulations 2011) must continue to be run and administered under those rules. The Cabinet Office has refreshed its suites of standard contract documents, templates and guidance for the government’s Model Services Contract, Mid‑ Tier Contract and Short Form Contract. These revised materials were released to coincide with the PA 2023 “go‑live” on 24 February 2025. This Practice Note will be revised shortly to take account of these changes. For further detail, see: News Analysis: Procurement Act 2023 “go live”—what happens next?, and Government model contracts updated for...
This Practice Note focuses primarily on the commercial context, rather than the strict legal framework, when preparing consumer standard terms and conditions governed by the Consumer Rights Act 2015 ( CRA 2015). In addition to offering concise information on the applicable consumer legislation (with references to relevant Practice Notes), it also considers the business environment in which the terms operate and how lawyers can add value to both the documents and the businesses they advise. For our suite of business-to-consumer ( B2C) template contracts and drafting guidance, see ‘ Drafting contracts with consumers’ in: Trading with consumers—overview and Drafting consumer contracts—checklist. For guidance on drafting boilerplate provisions in B2C contracts, see Practice Notes: Boilerplate clauses in business-to-consumer contracts—general principles and Boilerplate clauses in business-to-consumer contracts—specific...
Boilerplate provisions in public sector contracts This Practice Note examines audit clauses within public sector agreements. For additional insight into what contracting authorities (and other interested parties) should understand when deploying boilerplate terms in public sector agreements, see Practice Note: Boilerplate provisions in public sector agreements: general considerations. Public procurement reform The Procurement Bill secured Royal Assent on 26 October 2023, becoming the Procurement Act 2023 ( PA 2023). See: Procurement Bill [ HL]— LNB News 12/05/2022 14 and Procurement Bill receives Royal Assent— LNB News 26/10/2023 81. From 24 February 2025, the principal provisions of PA 2023 are in force, and procurements initiated on or after that date must proceed under PA 2023. The existing public procurement regime—including the Public Contracts Regulations 2015 ( PCR 2015) and Procurement Practice Notes ( PPNs), the Utilities Contracts Regulations 2016, the Concession Contracts Regulations 2016, and the Defence and...
STOP PRESS As at 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have commenced. Competitions launched on or after that date must proceed under PA 2023, while procurements started under earlier regimes must continue to be run and administered in line with those rules, including: Public Contracts Regulations 2015 Utilities Contracts Regulations 2016 Concession Contracts Regulations 2016 Defence and Security Public Contracts Regulations 2011 The Cabinet Office has also refreshed its standard contract document collections, templates and guidance for the government’s Model Services Contract, Mid- Tier Contract and Short Form Contract. These updated materials were released to coincide with the PA 2023 ‘go-live’ on 24 February 2025. This Practice Note will be revised shortly to reflect these developments. In the interim, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and Government model...
This Practice Note This Practice Note explains how to prepare and negotiate the service description schedule for an outsourcing contract. Sometimes called the requirements schedule, the service schedule defines the supplier’s service scope and is a crucial component of the outsourcing deal. It looks at what the schedule should include, the level of specificity needed, and how it links to other elements of the agreement, including service levels and dependencies. The services description schedule in an outsourcing arrangement sets out the breadth and depth of the services the supplier must provide to the customer. It is widely viewed as the agreement’s key section because it captures the essence of the parties’ bargain. While it is commonly drafted and negotiated by each side’s commercial or operational teams, early legal involvement is vital to secure clear, precise drafting and to confirm that the schedule is...
This Practice Note outlines the rationale for, and the points to assess in connection with, contracts covering the support and maintenance of on-premise software. For deeper analysis, see the drafting notes to Precedents: Software support agreement—pro-customer and Software support agreement—pro-supplier. For more on issues particular to the service level agreement or schedule that may apply to a software support and maintenance arrangement, see Practice Note: Key issues in Saa S and hardware/software maintenance SLAs. Considerations for maintenance and support contracts It is widely recognised that on-premise software will not invariably be, or remain, free of defects, which underlines the need for maintenance. The agreement should clearly set out: what is covered within the services offered for what duration during which hours at what price Key issues to consider are: services: It can be appropriate to separate, and price...
This Practice Note chiefly targets brands seeking to engage influencers for specific social marketing campaigns and promotional advertising. It provides a high-level summary of the clauses commonly included in influencer contracts and flags the main points to weigh up when assessing an influencer agreement. For a template, refer to Precedent: Influencer agreement. For fuller guidance on regulating influencer activity and safeguarding them against online harms, see Practice Note: The regulation and protection of influencers. The influencer landscape is changing at pace and, although many have not ascended to the status of conventional celebrities (such as sports personalities, film actors, musicians or royals), dedicated service and support teams now work for influencers, assisting with branding and commercial dealings. Some may retain PR teams, legal advisers and financial backers, while others may never have seen or evaluated a services contract. Sensible due diligence, coupled with...
This Practice Note covered the background to domain names, how registrations are obtained, and the practical and legal avenues and steps available for resolving domain name disputes. What is a domain name? Computers were around long before the internet. In the 1960s and 1970s, the US government financed work on linking computers and allowing people to communicate across different networks. The outcome was technology that enabled systems that were markedly unlike one another to connect through very lightweight mechanisms—namely, internet naming and addressing. Over time, that architecture has underpinned ongoing advances in both infrastructure, including, for instance, a shift from copper wire to fibre optic cable, and from wired connections to wireless, and in applications, moving from static web pages to rich media and on to voice-over IP telephony, many of which developments were never even imagined by the internet’s original...
FORTHCOMING CHANGE: This Practice Note addresses the transfer of .com and other generic Top Level Domain (g TLD) registrations and accompanies Precedent: g TLD domain name transfer agreement (.com). It mirrors the Transfer Policy presently in effect, which had to be introduced by August 2025. Yet, in April 2025, after a review of the Transfer Policy, the Internet Corporation for Assigned Names and Numbers ( ICANN) opened consultation on a number of proposed amendments that, among other things and measures, will replace the use of Auth Info codes and abolish the 60-day transfer lock, both of which are outlined below. This Practice Note will be revised as and when the Transfer Policy is revised. Domain names consist of multiple elements, including the domain ending, also known as the top-level domain ( TLD). TLDs occupy the highest tier of the domain name system ( DNS). A DNS...
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From 6 April 2025, Part 4, Chapter 1 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) on unfair commercial practices came into force, except for sections 232, 234 and 235 dealing with a consumer’s right of redress... DMCCA 2024 largely revokes and replaces the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. Many of its unfair commercial practices rules replicate those in CPUTR 2008, with certain wording clarified... The Act also brings in fresh protections to address consultation concerns relating to: fake or misleading reviews drip or hidden pricing For more information, see Practice Notes: Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024 and The Digital Markets, Competition and Consumers Act 2024—key consumer protection provisions... Around the same time, the Committee of Advertising Practice ( CAP) and the Broadcast...
ARCHIVED: This Practice Note is archived and not maintained. The implementation period that allowed the UK to disengage from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. At that time (described in this Practice Note as ‘ IP completion day’), the UK’s legal framework altered immediately and markedly. This note outlines the consequences for distribution. How does Brexit impact distribution? The appointment of a distributor in the UK is governed principally by the common law of contract and will, in large part, be unaffected after IP completion day. However, where business is conducted across borders with distributors in other jurisdictions, including EU Member States, those distributors may benefit from local rules that provide stronger protections than those under UK law. For further information see: Lexology Panoramic: Distribution and...
A distributed ledger is a database that securely logs financial, physical or digital assets and shares them across a network via fully transparent updates of information. Its earliest form appeared in 2008 as ‘blockchain’. Best known for underpinning Bitcoin and other cryptocurrencies and crypto tokens such as Etherium, blockchain is hailed by supporters as a technology with the potential to revolutionise financial services. At its simplest, it stores records of transactions or other data; at the same time, it can power a broad array of applications that may fundamentally reshape how financial services are delivered. Definition of distributed ledger technology There is no single, universally accepted way to define distributed ledger technology ( DLT). In essence, it denotes a suite of technological solutions that enable cryptographically secured ledgers of electronic transactions to be maintained by a shared, or...
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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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