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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 is not maintained or updated. It examines how Brexit could affect businesses’ contractual rights and duties for a business, and explores what Brexit means for managing contract risk in advance of IP completion day. For further information and guidance on the impact of IP completion day on contracts and, more generally, on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? The Note evaluates the effects of Brexit on companies’ contractual rights and obligations and addresses the ramifications of Brexit for contract risk management in practice. It offers practical step-by-step guidance on identifying contractual risk to businesses arising from Brexit and on conducting a Brexit risk-management contract audit and contract review process. See also: Brexit risk management: contract...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s tailored proposals for allocating jurisdiction in disputes will be a central concern for UK practitioners. This Practice Note examines how Brexit will influence the identification of jurisdiction and the interpretation of choice of court agreements on the UK’s exit from the EU. It first explains the present regime under Regulation ( EU) 1215/2012, Brussels I (recast). It then outlines the respective approaches of the UK and the EU and weighs the likely outcomes, so far as the current information permits. The Practice Note highlights issues that may surface when the UK leaves the EU. It also reviews alternative frameworks that may assist with jurisdiction determinations, namely the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. Finally, it addresses the drafting of a...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explores how Brexit may affect the determination and settlement of disputes through mediation or other forms of Alternative Dispute Resolution ( ADR) when the UK leaves the EU. It reviews the current position: the Mediation Directive 2008/52/ EC, implemented in England and Wales by the Cross- Border Mediation ( EU Directive) Regulations 2011, SI 2011/1133; and the relevant ADR directive, European Directive 2013/11/ EU on ADR, which amends Regulation ( EC) 2006/2004 and Directive 2009/22/ EC. That latter directive was transposed into the law of England and Wales by the ADR for Consumer Disputes ( Competent Authorities) Regulations 2015, SI 2015/542. The note then summarises the respective positions of the UK and the EU, considers likely potential outcomes arising on the UK’s exit from the EU, and...
ARCHIVED: This Practice Note has been archived and is no longer maintained or updated. It examines the impact of Brexit on the relevant rules for identifying the applicable (governing) law and the competent jurisdiction in the context of consumer contracts and disputes. Background On 31 January 2020 (exit day), the UK left EU membership and forfeited its right to take part in the political institutions and governance structures of the EU itself. Consistent with the transition provisions in Part 4 of the Withdrawal Agreement, exit day triggered an eleven‑month implementation phase in duration, during which the EU continued to regard the UK as a Member State for many purposes. This phase lasted until 11 pm on 31 December 2020, a date and time known as IP completion day. Throughout the implementation period, the UK was required to continue to comply fully with its duties under EU law...
STOP PRESS From 24 February 2025, the core provisions of the Procurement Act 2023 ( PA 2023) have come into effect. Any procurement launched on or after that date must follow PA 2023, whereas those started under the prior regime must continue to be run and overseen under that framework. Earlier legislation includes: 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 changes. In the meantime, see News Analysis: Procurement Act 2023 ‘go live’—what happens next?, and...
Blockchain Blockchain has surged into mainstream awareness, propelled by the meteoric rise of cryptocurrencies and a buoyant global fintech industry, with regulators across the world running or completing numerous consultations and discussions. Though blockchain and related technologies remain comparatively young, substantial investment has been directed at unlocking efficiencies and capturing the novel business models they are expected to enable. To date, attention has largely centred on technical and commercial considerations. However, for blockchain to realise its full potential it must navigate both new and existing legal and regulatory landscapes in which it will operate. The breadth of possible use cases, together with the current stage of evolution of this technology, means this Practice Note is, by necessity, a roadmap for understanding the key legal and regulatory issues that typically arise in connection with blockchain technology, rather than a set of definitive answers. The precise...
What is the best value duty? The best value duty ( BVD) obliges a local government organisation to show that it has arrangements to secure continuous improvement in the way it exercises its functions, in other words, how it delivers its work. In practice, this typically covers how the authority manages core responsibilities such as: balancing its budget providing statutory services, including adult social care and children’s services The BVD was created by the Local Government Act 1999 ( LGA 1999). That Act remains the governing legislation, though it has been substantially amended, particularly by the Local Government and Public Involvement in Health Act 2007 ( LGPIHA 2007). Much of the detail on what BVD is and how it should be applied in practice is set out not in the LGA 1999 itself but in statutory guidance, which is issued from time to time under...
This Practice Note explores the present legal regime governing social media influencers (influencers) in Belgium. As in many jurisdictions, influencer marketing in Belgium remains pervasive, expanding across multiple platforms and deployed for both commercial and political ends. In 2025, research into how Belgians perceive branding via social media and influencer activity found that 83.9% of 16–24-year-olds said they follow an influencer on social media. Among these, 34% confessed to being steered by an influencer in a recent purchase, and 38% reported they began following a brand because of an influencer. All figures have risen relative to the earlier study carried out in 2023. It hardly needs saying that influencer marketing presents openings for brands and advertising businesses, helping them engage target audiences with greater precision. Influencer promotion manifests in numerous formats, some more understated than others, including adverts, paid-for posts, mid-roll breaks in...
Practice Note This Practice Note sets out the factors to weigh before preparing a Uniform Domain Name Dispute Resolution Policy ( UDRP) complaint in a prospective domain name dispute. It covers: Preliminary considerations Is UDRP the right option? Assessing the merits Identifying the Registrant Contacting the Registrant Pre- UDRP checklist See also Precedents: Letter of claim—abusive domain name registration ( UDRP) and UDRP complaint. Preparing a UDRP complaint should not be your first move when managing a potential domain name dispute. This Practice Note guides you through what to consider before you begin. By following these steps, many prospective disputes may fall away—saving you or your client time and money; and if you do proceed to draft a UDRP complaint, you can be more confident that you have laid the groundwork for some of the more challenging aspects. This Practice Note and its...
Practice Note This Practice Note offers guidance on the principal legal considerations for business to business ( B2B) e-commerce carried out via websites, online platforms, mobile apps and email. It addresses how contracts are formed—including offer, acceptance, incorporation and consideration—and what formalities apply in these environments, such as electronic signatures and maintaining electronic records. It also examines the enforceability of browse wrap (also known as browse-wrap, browsewrap or click free) and click wrap (also known as click-wrap or clickwrap) terms. It further sets out the laws applicable under the Electronic Commerce ( EC Directive) Regulations 2002 ( E- Commerce Regulations 2002), SI 2002/2013, which govern information society services operating in the UK. Where businesses rely on online platforms or m-commerce, the legal questions usually mirror those arising for any website. Accordingly, this Practice Note uses ‘website’ for ease and flags any...
Automated financial product advisers, often called robo-advisers, are software-driven platforms that deliver financial planning with minimal or no human input. They are appearing across the financial services sector, supporting customers in selecting investments, banking products and insurance options... This Practice Note considers the following: Scope and applications of robo-advisers Advantages and disadvantages Risk creation versus risk mitigation Regulatory framework Recent FCA Reviews and Key Findings Legal issues relating to advice provided by robo-advisers Views from the market Next phase of robo-advice Robo-advice is underpinned by artificial intelligence ( AI), creating an opportunity for financial institutions to evolve business models that better meet client needs. Banks recognise that they must organise, analyse and use data effectively to reshape and refine those models. This is AI’s promise: improved client experience, efficient risk management and compliance, and greater...
Labelling requirements—the legal framework This Practice Note is directed chiefly at companies looking to engage influencers for social marketing campaigns and advertising activities in Austria. It covers: Labelling rules—the underlying legal framework The concepts of “remuneration” and “lack of clarity of promotional purposes” How to label promotional content appropriately Requirements under the Audiovisual Media Services Act Sanctions and associated risks Written agreements with influencers The outcome of a campaign depends not only on the quality and price of goods and services, but also on how they are promoted. Striking advertising is therefore decisive. To reach broad audiences and distinct target groups, companies complement self‑marketing by using influencers for their testimonials. This brings multiple advantages: customers of varying ages, backgrounds, mindsets and individual needs can be addressed directly by an authentic role model with a large follower base at relatively modest cost. By skilfully combining objective reporting with...
The legal technology landscape is changing at pace, spawning a fresh vocabulary of AI-related terms and expressions. For those who are not product developers or software engineers, it is useful to clarify what these phrases mean. This Practice Note is intended to help legal professionals gain a clearer grasp of key Artificial Intelligence ( AI) concepts. For further detail on the technology underpinning AI, see Practice Note: Artificial intelligence and machine learning—an introduction to the technology. The Basics Algorithm: a coded series of instructions within software that resolves a problem or executes a computation. Artificial Intelligence ( AI): computer software and systems capable of exhibiting human intelligence. They can learn, plan, reason, or handle natural language as they operate, rather than relying only on pre-programmed tasks; for example, speech recognition, computer vision, translation between natural languages, and other mappings of inputs. In the UK and EU,...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, became the Data ( Use and Access) Act 2025 ( DUAA 2025), and partially commenced on that day. Provisions addressing, for example, responses to data subject access requests and the grant of powers to make additional regulations took effect immediately on 19 June 2025, and applied from that date. By contrast, a further tranche, including measures on Information Commissioner notices and certain facets of law enforcement processing, started on 19 August 2025, being two months from the date of Royal Assent. In practical terms, the bulk of DUAA 2025 will only begin once further regulations—issued as statutory instruments—are made to bring those sections into force. Parts 5 and 6 of DUAA 2025 modify aspects of the United Kingdom’s data protection and e Privacy regime,...
ARCHIVED: This Practice Note has been archived and is not maintained. The UK and EU’s particular proposals for addressing the enforcement of judgments across the EU will be a central concern for UK practitioners. This Practice Note examines how Brexit will affect the enforcement of court judgments in the EU once the UK leaves the bloc. It reviews the existing framework under Regulation ( EU) 1215/2012, Brussels I (recast), sets out the respective stances of the UK and the EU, and evaluates the probable outcomes based on the information currently available. The Note highlights issues that may arise upon the UK’s exit and points to regimes that could support the enforcement of court judgments, including the Hague Convention on Choice of Court Agreements and the Lugano Convention 2007. It provides a concise summary of the current position and the foreseeable scenarios for...
ARCHIVED: This Practice Note is archived and no longer updated. It includes concluded legislative proposals, published judgments and closed consultations that are absent from the current tracker as they do not relate to this year. To follow live UK proposals, judgments and consultations on media and digital matters, see Practice Note: Media, digital and telecoms tracker— UK. For EU judgments, legislative proposals and current EU consultations concerning media, digital and telecoms rights, see Practice Note: Media, digital and telecoms tracker— EU. For UK and EU judgments, legislative proposals and current consultations on copyright and databases, refer to Practice Notes: Copyright and databases tracker— UK and Copyright and databases tracker— EU. For archived material on media and digital rights, see Practice Note: Copyright, media and digital tracker 2017–2021 [ Archived]. Media, digital and telecoms— Legislation For archived legislation, see Practice Note: Copyright, media and digital tracker...
ARCHIVED: This Practice Note is archived and is no longer maintained. It charted the progress of UK primary legislation introduced as part of the legislative preparations for the UK’s exit from the EU during the 2017–19 Parliament. Following the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills moving through Parliament that had not yet secured Royal Assent fell, namely: Agriculture Bill Financial Services ( Implementation of Legislation) Bill [ HL] Fisheries Bill Immigration and Social Security Co-ordination ( EU Withdrawal) Bill Trade Bill For further reading, see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64......
ARCHIVED: This archived Practice Note provides information about the Data Protection and Digital Information Bill introduced to Parliament in March 2023. This bill did not obtain Royal Assent before Parliament was dissolved on 30 May 2024 and consequently dropped from the legislative agenda—see LNB News 29/05/2024 66 and News Analysis: General election announced for 4 July 2024. This Practice Note is supplied for context only and is not updated. For broader developments on data protection reform, see Practice Notes: The Data Protection Act 2018—timeline and UK e Privacy law reform—tracker. This Practice Note outlines principal elements of the Data Protection and Digital Information Bill as published on 6 December 2023 (the Bill), which would have amended: United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) Data Protection Act 2018 ( DPA 2018) Privacy and...
TMT Brexit News Analysis ARCHIVED: This Practice Note has been archived and is no longer maintained. Lexis Nexis® TMT has issued News Analysis covering a variety of matters relating to the effects of Brexit, as indicated in the table below. Date, News Analysis and a brief summary are presented beneath. 6 July 2021 — European Commission withholds consent for UK to accede to Lugano Convention — LNB News 06/07/2021 99. Switzerland’s Federal Department of Foreign Affairs ( FDFA) stated it had received a letter from the European Commission which, acting for the EU, declines to consent to inviting the UK to accede to the Lugano Convention. The letter was sent to the Swiss FDFA in its role as Depository of the Lugano Convention. 28 June 2021 — European Commission adopts adequacy decisions for UK — LNB News 28/06/2021 80. The European Commission and the...
ARCHIVED: This archived Practice Note summarised major updates and guidance concerning Brexit and the TMT industry. It is no longer updated and is supplied for context alone. It is arranged under the following headings: New technologies Information technology Internet Data protection Media Advertising, marketing and sponsorship Telecommunications This note does not monitor broader Brexit events; for those, consult Practice Note: Brexit timeline. To follow the advancement of UK statutes introduced as part of preparations for the UK’s departure from the EU, see Practice Note: Brexit legislation tracker. On 31 January 2020 (exit day), the UK stopped being an EU Member State and forfeited its right to take part in the EU’s political bodies and governance frameworks. Under the transitional measures in Part 4 of the Withdrawal Agreement, exit day began an 11-month implementation phase during which, for many purposes, the EU treated the UK as though it remained a Member State. The...
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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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