Legal Practice Notes

This Practice Note addresses the key practical steps that arise when pursuing a defamation claim, such as: pinpointing a defamatory statement; deciding whether it amounts to libel or slander; and evaluating the overall suitability of interim relief. It thoroughly reviews the effect of the Defamation Act 2013 ( DA 2013) on both claimants and defendants, and sets out practical tactics for the procedural conduct of a defamation case. Defamation Act 2013 Before DA 2013 came into force, defamation proceedings had a reputation for technicality and disproportionate cost, chiefly because arguments centred on the meaning of the impugned words. The government, reacting to a wave of negative media commentary that English defamation law unduly favoured claimants, enacted DA 2013. The Act brought in a suite of reforms, making defamation a tort grounded equally in common law and statute, and, through...

This Practice Note is for brands engaging influencers (or other talent) on social marketing and advertising campaigns in the UK. What constitutes an influencer? In the UK: Content amounts to an influencer ‘endorsement’ or advertisement where an influencer collaborates with a brand to create material for their own channel and: the influencer has received ‘payment’ from the brand for that content, and the brand exerts some level of ‘control’ over the content Both ‘payment’ and ‘control’ must be present for content to be an advertisement regulated by the Advertising Standards Authority ( ASA). If there is ‘payment’ but no ‘control’, consumer protection legislation applies, enforced by Trading Standards and the Competition and Markets Authority ( CMA). ‘ Payment’ is...

This Practice Note reviews the principal legal and commercial considerations for cloud services, including: Due diligence Contract documents Service description Service levels Fees Data protection Data portability and backup Security Record keeping and audit rights Compliance with laws Intellectual property Supplier liability for content Liability under the contract Application of TUPE Variation of terms Suspension and termination rights Business continuity and disaster recovery Governing law and jurisdiction Export control laws Sector-specific regulation and guidance International laws For an outline of fundamental cloud concepts and further context, see Practice Note: Cloud computing—introduction. For analysis of laws relevant to cloud services across multiple worldwide jurisdictions, see Practice Note: Lexology Panoramic: Cloud Computing. This note is primarily directed at...

This Practice Note It sets out guidance on applying the Protocol. It covers: when the Protocol operates its objectives and scope typical outcomes of non-compliance how it relates to limitation The Protocol replaced the Pre- Action Protocol for Defamation Claims. For how it differs from that earlier regime, see News Analysis: Pre- Action Protocol for Media and Communications Claims. In addition to defamation, the Protocol extends to a range of other media and communications claims which, before 2019, were not governed by a dedicated pre-action protocol. It formed part of broader reforms to media and communications procedure commencing on 1 October 2019, which also introduced a new CPR 53 and a new practice direction. For more on these changes, see News Analysis: New rules for media and communications claims from 1 October 2019......

This Practice Note offers a concise overview of the principal points of comparison between the UK and EU online safety regimes. In particular, it sets side-by-side the regulatory frameworks of the Online Safety Act 2023 ( OSA 2023) and Regulation ( EU) 2022/2065, the EU Digital Services Act ( EU DSA), examining their scope, the obligations they impose, and the potential penalties for breach. Background Online spaces increasingly face threats including misinformation and harmful material, heightening risks to users, especially vulnerable audiences such as children. To safeguard people on the internet and foster a more secure digital ecosystem, both the UK and the EU have introduced laws to govern online services: the OSA 2023 and the EU DSA. The OSA 2023 establishes risk-based duties of care that service providers are required to meet. The EU DSA mirrors this philosophy, setting out a framework aimed at...

Licensing IP rights—introduction Preparing IP licences often throws up intricate commercial and legal considerations, typically demanding extensive bargaining. This Practice Note highlights the principal, practical matters to weigh up before you draft and while you negotiate an IP licence, seen from both licensor and licensee viewpoints. At its core, an IP licence is the licensor’s consent allowing the licensee to use IP that it would otherwise be barred from exploiting. Owners may exploit and commercialise IP as either a carrot or a stick. Parties might agree terms for a mutually advantageous licence to create new offerings or reach fresh markets. Equally, an owner may take a defensive stance, pressing for settlement licences and recovering settlement payments from those already using its IP without permission. Accordingly, the initial position and broader commercial context will heavily influence both the negotiations and the eventual licence terms......

Software, in general terms, is a computer programme made up of ordered instructions that, working alongside hardware and user inputs, enable a machine to carry out a particular task. Software is grouped into types depending on the functions it makes the computer execute. For instance, operating systems like Microsoft Windows and Apple’s mac OS oversee and coordinate a computer’s core activities. They manage resources and co-ordinate essential processes. The operating system recognises input from peripherals such as the keyboard and mouse, routes output to the screen, and handles memory allocation across programmes. At the other end are applications that run on top of the operating system and deliver a specific, visible function for the user. They present a clear, user-facing capability. Examples include word processors, media players, and games. A software licence is a contract giving a customer permission to use...

Background— EU law in the UK Pre-exit day The European Communities Act 1972 ( ECA 1972) was enacted to implement the United Kingdom’s obligations, as a Member State, under the relevant EU treaties and to ensure adherence to EU law. Under ECA 1972, s 2(1), certain EU rights and obligations intended to have direct effect applied in the UK without the need for additional domestic legislation. This encompassed rights under the EU Treaties and EU regulations setting out detailed legal rules. Other forms of EU law took effect via UK regulations made under ECA 1972, s 2(2), or, in some circumstances, through separate Acts of Parliament. This pathway covered EU directives, which stipulate overarching aims or frameworks while leaving each Member State to make its own provision to secure the required legal outcome. In its operation within Member States, EU law is...

This Practice Note explores the following data protection, privacy and security matters arising in connection with the use of autonomous and connected vehicle technology: The technology Declaration of Amsterdam Cooperative Intelligent Transport Systems ( C- ITS) United Kingdom General Data Protection Regulation Privacy and Electronic Communications Regulations 2003 Cybersecurity The Product Security and Telecommunications Infrastructure Act 2022 Connected and autonomous vehicles in the EU International Practical issues For further detail and context on additional UK legal considerations linked to this technology, see the Practice Notes: Autonomous vehicles—key legal issues and Autonomous vehicles and insurance, and for a concise overview of dates and key points, see: UK automated vehicles—tracker. To monitor developments within the EU, also consult the Practice Notes: Automated vehicles—key legal issues in the EU and EU automated vehicles—tracker. The technology Contemporary vehicles already incorporate a suite of external communications, such as satellite navigation, in-car entertainment and emergency assistance, capable of...

When collaborators join forces on creative projects or research and development, knotty questions arise about who owns any resulting IP. Joint ownership can appear a straightforward and equitable answer where efforts were shared and the contributions cannot be disentangled. Yet, without careful thought about how jointly created IP will be owned, organised and exploited, parties may face legal traps, practical hurdles and limits on full commercialisation. In the great majority of cases, it is preferable to put in place an express agreement on joint ownership of IP rather than depend on the default legal position... This Practice Note provides an overview of the law on joint ownership of IP (also known as co-ownership, used interchangeably in this note): Implied joint ownership—basic principles Implied joint ownership—risks and obstacles Joint ownership agreements—key considerations Alternatives to joint ownership of IP ...

In a climate where online connectivity underpins commerce, cloud services let us open files and hold vast datasets without running our own servers, and the Internet of Things ( Io T) could even let a fridge tap into our banking details, so where does free and open source software ( FOSS) fit? Whether they realise it or not, people come into contact with FOSS every single day. It forms the backbone of the servers that host software, grant us access to the internet, and support many online services we now take for granted. The role of software in business, and the way software is produced, have altered profoundly. It is increasingly normal for competitors to work side by side on joint research and development in an age of ‘collabor-etition’ or ‘co-opetition’. Numerous efforts, including Open Stack Cloud, bring companies together in shared...

The Electronic Communications Code Section 4 and Schedule 1 of the Digital Economy Act 2017 introduced into the Communications Act 2003 an updated Electronic Communications Code, replacing the earlier Code on 28 December 2017. For guidance on the Code’s provisions, see the following Practice Notes: The Electronic Communications Code—code rights The Electronic Communications Code—terminating and renewing code rights Previous Electronic Communications Code [ Archived] This Practice Note addresses the obligations on electronic network providers designated as ‘ Code operators’ by the Code to comply with conditions showing they hold sufficient funds to satisfy their liabilities. These conditions are contained in the Electronic Communications Code ( Conditions and Restrictions) Regulations 2003, SI 2003/2553. The Communications Act 2003 and the Digital Economy Act 2017 ( Consequential Amendments to Secondary Legislation) Regulations 2017, SI 2017/1011—which deal with consequential amendments to secondary...

Framework agreements Framework agreements (often called master services agreements) act as umbrella contracts setting out standard terms and conditions for goods or services procured under separate call-off contracts, frequently described as statements of work or work orders. This Practice Note centres on the use of such frameworks for the supply of services. Nevertheless, they are equally effective for any goods or services where a purchaser expects repeat requirements over time. They are also valuable when arranging the supply of goods and services across several jurisdictions. The framework can capture the overarching terms and conditions, whilst each call-off (sometimes referred to as a local enabling agreement, or a local services agreement, in that scenario) can include country-specific provisions. Framework agreements are adopted in both public and private sectors; however, public bodies must observe and comply with relevant public procurement rules when entering into...

The UK GDPR regime This Practice Note offers a concise high‑level overview of the rules concerning cross‑border scope and the designation and appointment of representatives under the following: the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) framework; and the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) framework (in force under UK law from the close of the Brexit implementation period on 31 December 2020) Assimilated law is the label applied to retained EU law ( REUL) that continues to operate after the end of 2023. Re‑classification of REUL (and related terminology) as assimilated law signals a shift in its status and handling under UK law, so that it is, in general, construed in line with ordinary UK domestic legal doctrines and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law because it is...

Scope of this Practice Note This Practice Note examines the UK regulatory considerations encountered by crowdfunding platforms from a financial services standpoint. It ought to be read in conjunction with the Financial Services and Markets Act 2000 ( FSMA 2000), together with relevant secondary legislation, and regulatory rules and guidance, including, in particular, provisions within the Financial Conduct Authority ( FCA) Handbook and the FCA’s webpage devoted to crowdfunding. This Note briefly outlines initiatives at EU level in relation to regulating crowdfunding, which are discussed in detail in Practice Note EU Regulation of crowdfunding—the ECSP Regulation and the Mi FID II Crowdfunding Directive. Crowdfunding (sometimes referred to as 'crowd sourcing' or 'crowd financing') operates on the basis that individuals seeking capital, such as entrepreneurs, present ventures or businesses on an online platform, and members of the public contribute funds through that platform. There is no...

Tracker Use this Tracker to confirm if a state is a signatory to the Hague Convention on Choice of Courts Agreements and whether the Convention is already in effect for that jurisdiction. Albania — In force: 1 October 2024. Ratified: 25 June 2024. Signed: 13 February 2024. HCCH website: Albania—the Convention enters into force; HCCH website: Albania signs the Choice of Court Agreements Convention; HCCH notification: Albania ratifies the Choice of Court Agreements Convention. Australia — Signed: No. The Joint Standing Committee on Treaties in 2017 backed accession to the Convention and advised that binding treaty action be undertaken. For information, see Australian Parliament— Convention on Choice of Courts accession. Bahrain — In force: 1 July 2025. Acceded: 13 March 2025. For information, see: Bahrain accedes to the Choice Of Court Convention. China — Approval, ratified or...

ARCHIVED: This Practice Note is archived and no longer maintained. Introduction This Practice Note sets out the principal legal security considerations facing mobile payment service providers and their customers, and how forthcoming European legislation seeks to address them. In the UK, the mobile payments sector is growing rapidly, marked by the arrival of Apple Pay, Google’s Android Pay and Samsung Pay. Retail payments have seen notable technological innovation, with swift increases in electronic and mobile transactions and the appearance of new categories of payment services in the marketplace, which strains the existing framework. As a result, payment services legislation—such as the Payment Services Directive (2007/64/ EC) ( PSD), implemented domestically by the Payment Services Regulations ( SI 2009/209) ( PSR)—has, in places, become outdated, particularly on security, prompting reform of the PSD. The European Parliament adopted the second Payment Services Directive ( PSD2) on 8 October 2015. The...

ARCHIVED: This Practice Note is archived and is no longer maintained. It concerns Directive 2002/22/ EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights in relation to electronic communications networks and services, as revised by Directive 2009/136/ EC (the Universal Service Directive). It forms part of a suite of Practice Notes addressing the key components of the EU regulatory regime for electronic communications. Across the EU, the operation of electronic communications networks and services in each Member State is subject to a shared regulatory system that initially consisted of five directives (the Framework). The Framework’s purpose was to create a harmonised regime for regulating electronic communications networks and services across the EU. In December 2018, Directive ( EU) 2018/1972 establishing the European Electronic Communications Code ( Recast) (the European Electronic...

A co-operative or community benefit society ( CCBS), previously termed an industrial and provident society ( IPS), is a limited liability corporate body that organisations may use to run a business either as a co-operative serving members’ mutual interests, or as a community benefit society operating for the good of a community. This Practice Note sets out the legal framework, organisational structure and the registration process for these societies. It also makes extensive reference to the FCA’s finalised guidance on registered societies, with sections addressing governing rules, share capital, name, transfer of engagements, conversion, amalgamation, dissolution and winding up. What is a co-operative or community benefit society? A co-operative society or community benefit society (historically called an industrial and provident society) is a registered society—also described as a society—and a corporate body with limited liability that can be used by...

Football Data Co ( FD) manages the data rights of the professional football leagues, granting licences to third parties to reproduce specified IP—such as fixture lists and statistics—owned by the UK’s three professional football leagues. FD, alongside the English and Scottish Football leagues, brought a series of actions against sports data, pools and betting companies that made fixture list details available to their users, including for betting services and online information services. The claims alleged copyright and database right infringement in the fixture lists. For the procedural history and further factual background, see the Football Dataco v Stan James case. This Practice Note highlights the key points arising from the different proceedings. The Stan James action 11 February 2009—the action commenced On 11 February 2009, the Stan James action was issued in the High Court. The initial claim advanced two distinct...