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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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Purpose A notices clause is frequently inserted into a contract to provide both sides with certainty and transparency around formal communications and the sending and receipt of notices between the parties to the agreement, including how they are given and received. Where no such clause appears, default statutory rules may step in (see Statutory provisions below). In the Court of Appeal in Khan v D’ Aubigny, Nugee LJ observed that a notice can be a document that imparts information as well as one that invokes or exercises a right. It is also commonly taken to mean a written notice bearing a degree of formality, though no fixed wording or prescribed format is demanded. Observing the requirements of a notices clause will often be critical across a variety of contractual contexts. By way of illustration, it typically matters when prolonging (or stopping the...
Typography sits at the heart of a brand’s identity; choosing a distinctive typeface helps a company stand out from competitors. Many organisations adopt or commission a specific typeface for use across print and digital channels to drive consistency and support a recognisable brand. This Practice Note offers legal and practical guidance on fonts and typefaces. It addresses the following areas: Definitions of fonts and typefaces Intellectual property ( IP) rights in fonts and typefaces Sourcing fonts and typefaces—legal considerations, typical licence terms, and common issues when obtaining fonts and typefaces Fonts and typefaces—definitions The difference between the words font and typeface matters from a legal perspective (see the section on ‘ IP protection’ below), though in everyday use they are frequently treated as the same. Typeface A typeface is a collection of letters, numerals and characters designed with a consistent, particular style that...
This Practice Note is chiefly intended for brands seeking to collaborate with social media influencers (or other talent) on targeted social marketing campaigns and advertising promotions in Canada... Applicable regulations, codes and guidelines In Canada, the relationship between influencers and brands is largely governed by the federal Competition Act, R. S. C. 1985, c. C-3, together with relevant regulatory and industry guidance. The Act broadly prohibits representations that are false or misleading in a material respect. These misleading advertising provisions apply to influencer activity in the same way as any other marketing, and extend to statements made by influencers to the public. Under the Competition Act, the federal Competition Bureau oversees influencer marketing, including deciding what constitutes a ‘material connection’ between an influencer and a brand and the related disclosure obligations, which are discussed in detail below. The Competition Bureau may seek...
This Practice Note explains how to commence a claim for misuse of private information (a privacy claim) in England and Wales from 1 January 2021. It addresses: whether a claim exists and who may pursue it potential defendants and principal defences remedies limitation jurisdiction other issues on receiving instructions (interim relief, preservation of documents, alternative causes of action and alternatives to litigation) funding the claim pre-action conduct starting proceedings For more on the misuse of private information, see Practice Note: Privacy law—misuse of private information. For guidance on initial steps when confronted with a claim against your client for misuse of private information, see Practice Note: Responding to a claim for misuse of private information—a practical guide. Privacy claim—is there a claim? The first task is to determine whether your client has a viable claim. What must a...
ARCHIVED : This Practice Note has been archived and is not maintained. This Practice Note reviews the approach to the recognition and enforcement of judgments as it will operate from the UK’s exit from the EU on 31 January 2020 through to the end of the implementation period, which the EU describes as the transition period. It explores whether that implementation period could be extended, evaluates if the enforcement framework under the Brussels regime—including Regulation ( EU) 1215/2012, Brussels I (recast)—is in force during the implementation period, as well as setting out the position after the implementation period concludes. For a quick reference Brexit research aid that answers key questions on Brexit and provides useful Brexit updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources......
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note monitors major IP developments and guidance that relate specifically to Brexit. Jump to: General IP Brexit developments Copyright and databases Trade marks Designs Patents and SPCs Geographical indications This Practice Note does not follow wider Brexit developments; for those, see Practice Note: Brexit timeline. To follow the progress of UK legislation introduced as part of the legislative preparation for the UK’s departure from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 (exit day), the UK ceased to be an EU Member State and relinquished its right to participate in the EU’s political institutions and governance frameworks. Under the transitional arrangements in Part 4 of the Withdrawal Agreement, exit day signalled the start of an 11‑month implementation period during which, for many...
ARCHIVED: This Practice Note has been archived and is not maintained. Proposals from the UK and the EU on transitional arrangements for applicable law will be a pivotal concern for UK litigators. This Practice Note examines in detail how Brexit will influence the process of identifying the applicable law once the UK departs the EU. At present, that choice is governed by Regulation ( EC) 593/2008 ( Rome I) and Regulation ( EC) 864/2007 ( Rome II). The Note distils the respective positions of the UK and the EU and assesses the likely potential outcomes as the UK leaves the EU. It also flags issues that may surface on exit and considers potential alternative regimes that could support the determination of the applicable law. Finally, it addresses the drafting of an applicable law clause. Applicable law is sometimes described as the governing law. For...
This Practice Note offers an overview of the business-to-business ( B2B) e-commerce arena. Its focus is B2B website, platform and email e-commerce (also called ‘paperless trading’), and it introduces the traditional method of electronic data interchange ( EDI), m-commerce, smart contracts and blockchain. It addresses the primary models used in B2B e-commerce, distinguishes e-commerce from e-business, and surveys current trends across B2B e-commerce. It provides targeted guidance on both e-commerce platforms and online platforms pertinent to the B2B space, alongside related notes on drop shipping, warehousing and also cross-border e-commerce. This Practice Note does not address business-to-consumer ( B2C) arrangements; for guidance on which, see Practice Note: Business to consumer e-commerce—legal issues. Consideration of sector‑specific laws or regulatory requirements, including those relevant to financial services or the public sector, is also outside the scope of this Practice Note. For guidance on the...
General Throughout the duration of an agreement (and sometimes afterwards), one or more of the parties may wish to notify third parties about particular matters relating to the existence of the agreement, its subject matter, or developments arising from the operation of the agreement. The kind of information envisaged is that typically found in public announcements or press releases issued by one or more of the parties (eg to brief investors, prospective investors, the media, potential customers, or regulatory authorities). Such announcements are usually distinct from information generated through the performance of the agreement itself (eg in a consultancy arrangement, the consultant might produce routine reports on the tasks undertaken and supply that information to its client and, in some cases, to third parties). Nevertheless, the parties will not wish to permit each other to disclose information to third parties without restraint and will...
This Practice Note considers the ‘e Disclosure Protocol’, whose second edition was released on 9 January 2015, and concerns the relevant disclosure of electronic documents in cases heard in the Technology and Construction Court ( TCC). It explores its layout, the issues and guidance it contains, together with certain key practical considerations. Note 1 : the e Disclosure Protocol pre-dates CPR PD 57AD (in force from 1 October 2022) which governs disclosure in many claims in the TCC. It sets out separate procedures for managing e-disclosure in such cases that are different from those discussed within the e Disclosure Protocol. In many circumstances the provisions of CPR PD 57AD build upon and prescribe more elaborate requirements than the processes described in the e Disclosure Protocol. Public procurement claims and Part 8 claims are not subject to CPR PD 57AD (see paras 1.4(2) and 1.4(7)...
For an at‑a‑glance, high‑level outline of the civil court structure and hierarchy in England and Wales, see: Courts and Tribunals Judiciary— Structure of Courts and Tribunals System. Several civil courts issue a court guide explaining how business in that court should be managed, which operates alongside, and in addition to, further guidance given in the Civil Procedure Rules ( CPR). For further details, see Practice Note: Court guides and other guidance. For information on: claims that must be brought and issued in the County Court, see Practice Note: Starting civil claims in the County Court commencing a claim under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims) High Court or the County Court? Whether proceedings ought to be issued in the High Court or the County Court is, in the main,...
This Practice Note reviews service of the claim form where a contract between the parties sets out an agreed method for serving court documents. It explains the requirements for service of the claim form under CPR 6.11. For guidance on: contractually agreed methods of service, see Practice Note: Contractually agreed methods of service methods of service in the jurisdiction, see Practice Note: Service in England and Wales—a guide for dispute resolution practitioners methods of service out of the jurisdiction, see Practice Note: Cross-border service—methods of effecting service The claim form— CPR 6.11 requirements CPR 6.11 addresses situations where the parties have contractually agreed a method of service or a place for service of the claim form. The following must be observed: Requirement: the claim must be solely in respect of that contract. Judgment: this was considered in Taberna Europe CDO II PLC v...
Many companies aim to promote their goods or services by drawing comparisons with a rival to secure a commercial edge. For example, a business might present its products as superior in quality or more competitive in price than a competitor’s. The law in this area seeks to balance the various interests affected when comparative advertising is permitted. In short: adverts may point out comparable features of products to consumers, but adverts must not distort competition, harm trade mark proprietors, or negatively impact consumer choice Content This Practice Note examines the following areas: What is comparative advertising? Legal framework What conditions must be satisfied for a comparative advert to be lawful? How does comparative advertising relate to trade mark law? Enforcement in the UK See also: —checklist. What is comparative advertising? It is defined as any advertising which, expressly or by...
ARCHIVED : This Practice Note has been archived and is no longer maintained. From 1 October 2025, CPR PD 51O was revoked and superseded by CPR PD 5C. For guidance on CPR PD 5C, consult Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. Note: the CE- File pilot is scheduled to end on 1 November 2025. As of 1 October 2025, CPR PD 5C takes the place of CPR PD 51O and confirms CE- File as permanent. For direction on the new rules, including how CPR PD 5C differs from CPR PD 51O, see Practice Notes: How to use CE- File—from 1 October 2025 and When and where is CE- File applicable?—from 1 October 2025. This Practice Note offers assistance on construing and applying the pertinent provisions of the CPR....
Drones ‘ Drone’—also known as an ‘unmanned aircraft’—describes an aircraft without a pilot on board, operated remotely via pre-flight and in-flight programming and directed by a ground-based pilot in command, as required by current rules... remotely piloted aircraft system ( RPAS) unmanned aerial vehicle ( UAV) unmanned aircraft system ( UAS) UAV refers to the aircraft itself and sits within the broader UAS. The remainder of the system comprises command-and-control links, sensors and/or data recording equipment, plus a computer or tablet for data storage... This Practice Note examines privacy and data protection matters linked to civilian drone use, including: Why drones give rise to data protection concerns UAS regulations The United Kingdom General Data Protection Regulation ( UK GDPR) as it applies to drones Surveillance Ownership of data captured by drones Data sharing and...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note examines how Brexit affects the service of court papers within the EU when the UK leaves the EU. It reviews the present framework under Regulation ( EC) 1393/2007 (the Service Regulation), outlines the UK and EU stances respectively, and sketches probable scenarios on the basis of information available. It also looks at challenges that could surface on exit and the alternative regimes that might support service of judicial and extra-judicial documents within the EU when seeking to serve parties there. For insight into routes to a deal or no deal outcome, see the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal ( June to September 2018), paragraph [35], which includes a helpful...
ARCHIVED: This Practice Note is archived and is no longer maintained. The transition period created to enable the UK to move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. That point in time, referred to in this Practice Note as ‘ IP completion day’, resulted in an immediate and significant shift to the UK’s legal framework. This Practice Note outlines the implications of that shift for agency. How does Brexit impact agency? Agency law Agency law in the UK stems from the common law and, for the most part, was unaffected by IP completion day; see Practice Notes: Nature and types of agency and What does IP completion day mean for contract clauses? [ Archived]. Commercial agency arrangements in the UK are governed by the Commercial Agents ( Council Directive) Regulations 1993, SI 1993/3053 (...
ARCHIVED : This Practice Note is archived and no longer maintained. It reviews how the settlement rules apply from the UK’s exit from the EU on 31 January 2020 through to the end of the implementation period, which the EU describes as the transition period. It also examines whether that period can be extended, whether the settlement framework in the Mediation Directive 2008/52/ EC and the European Directive 2013/11/ EU on ADR operates during the implementation period, and the position thereafter. For a quick-reference Brexit research aid answering key Brexit questions and offering useful updates, research tips and resources, see: Brexit Bulletin—key updates, research tips and resources. Definitions This Practice Note uses a number of definitions: European Union ( Withdrawal) Act 2018— EU( W) A 2018 European Union ( Withdrawal Agreement) Act 2020— EU( WA) A 2020 exit day—defined in EU( W) A 2018, s...
Commercial Brexit News Analysis Lexis Nexis® Commercial has issued News Analysis on a range of matters relating to the consequences of Brexit, summarised below. 16 October 2023 — Weekly round-up of HMRC import, export and customs guidance—16 October 2023, LNB News 16/10/2023 19: Details of alterations to HMRC import, export and customs guidance for 10–16 October 2023. 3 October 2023 — Weekly round-up of HMRC import, export and customs guidance—3 October 2023, LNB News 03/10/2023 32: Information on updates to HMRC import, export and customs guidance covering 26 September 2023–3 October 2023. 25 September 2023 — Weekly round-up of HMRC import, export and customs guidance—25 September 2023, LNB News 25/09/2023 32: Notes on changes to HMRC import, export and customs guidance for 20–25 September 2023. 19 September 2023 — Weekly round-up of HMRC import, export and customs...
ARCHIVED : This Practice Note has been archived and is not maintained. It examines the impact of Brexit on contractual boilerplate provisions ahead of IP completion day. For information on the effect of IP completion day on boilerplate clauses, see Practice Note: What does IP completion day mean for contract clauses? The United Kingdom’s departure from the European Union on exit day, the implementation period, and the period thereafter each carry implications for the drafting, negotiation, and enforcement of contracts governed by English law. This Practice Note focuses specifically on the effect of Brexit on boilerplate clauses. ‘ Boilerplate’ refers to those provisions within an agreement that govern its operation and address legal points relevant to most transactions. Such terms are typically found at the beginning and the end of an agreement. Although often viewed as standard 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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