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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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This Practice Note sets out and clarifies the principal issues to consider when negotiating and drafting limitation of liability provisions in information technology and business process outsourcing contracts. It addresses: Legal principles Approaches in outsourcing Heads of losses Specific provisions in the agreement Dealing with data protection liabilities General considerations For comprehensive commentary on excluding and limiting liability in commercial contracts more generally, see Practice Note: Exclusion and limitation of liability, and for hands-on guidance on negotiation and drafting, refer to: Drafting and negotiating a limitation of liability clause—checklist. For a sample limitation of liability provision, see Precedent: Limitation of liability clause. Legal principles A contractual term that excludes or limits liability is governed by both statute and the common law, with most of the significant statutory controls contained in the Unfair Contract Terms Act 1977 ( UCTA 1977). The courts are, nonetheless, usually disinclined to disturb commercial bargains reached between...
This Practice Note monitors all developments concerning Regulation ( EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives ( EU) 2019/1937 and ( EU) 2020/1828 (the Digital Markets Act— DMA). It followed the DMA through the ordinary legislative procedure up to its entry into force in 2022. It now records notable steps in the DMA’s implementation and enforcement. Background In a mission letter dated 1 December 2019, Dr Ursula von der Leyen tasked Executive Vice President Margrethe Vestager with ensuring that competition policy and rules are fit for the modern economy and with strengthening competition enforcement in all sectors. Drawing on expert reports and an E-commerce Sector Inquiry, the Commission in June 2020 opened a consultation on an Inception Impact Assessment for a New...
This Practice Note sets out the essentials of a sponsorship arrangement, covering: sponsor hierarchy where multiple partners are involved exclusivity provisions standard and additional rights typically included fees and value-in-kind payments protection of the sponsorship compliance and regulatory considerations Brands increasingly seek associations with events or content that matter to consumers. As a result, sponsors are looking beyond the traditional sports model. There has been notable growth in the backing of music events and artists, an area once avoided by brands because of the multitude of rights owners. For more on the sponsorship (or endorsement) of individuals, see Practice Note: Endorsement agreements—key issues. Under English law, there is no proprietary right in a sports or other event; accordingly, no recognised ‘sponsorship rights’ exist for an event, team or league. Any rights granted to brands by rights holders are not...
Corporate deals are a routine part of a solicitor’s work yet among the most demanding. Beyond the particularities of any purchase (including its configuration and price), legal teams examine every facet of the target’s operations, bargain for suitable safeguards for all participants, and arrange handover measures to ensure ownership passes smoothly for both parties. As a critical component of most enterprises, information technology sits at the heart of this exercise and must be considered throughout. Matters of data protection fall outside the scope of this Practice Note but should be taken into account where relevant. For links to guidance on data protection concerns that may surface during a corporate deal (including those tied to IT systems), refer to the section on Data protection considerations below. How corporate transactions work Typically, and for clarity, from a technology lawyer’s perspective, a corporate purchase can be viewed in three...
This Practice Note explores how to commence proceedings in the Technology and Construction Court ( TCC). It focuses on the principles drawn from West Country Renovations v Mc Dowell—reflected in the Technology and Construction Court Guide, para 1.3.2—on deciding whether to issue in the High Court in London, the High Court outside London, or the County Court. It should be read alongside Practice Note: Where to start a civil claim, which provides general guidance on the appropriate venue for civil claims. What types of claims are suitable for the TCC? The kinds of disputes managed by the TCC are described in the Technology and Construction Court Guide, para 1.3. High Court or County Court? Both the High Court and the County Court handle TCC work. As the TCC sits within the Business and Property Courts ( B& PCs), any relevant guidance issued for the B& PCs must also be...
This Practice Note outlines how intellectual property ( IP) and other rights arise in relation to linking on the internet, with emphasis on the standpoint of a website operator. See also, Precedent: Linking policy. Brexit This Practice Note includes references to case law from the Court of Justice. For guidance on whether decisions of the Court of Justice bind UK courts, see Practice Note: Assimilated law. It also refers to EU-derived domestic legislation (that is, UK statutes that implemented EU law). From IP completion day at 11.00 pm on 31 December 2020 until the end of 2023, these measures were categorised as retained EU law ( REUL). Assimilated law is the label given to REUL that remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) as assimilated law indicates a change in its status and treatment under UK law, in that it is...
Cloud computing— Austria— Q& A guide This Practice Note offers a jurisdiction-specific Q& A on cloud computing in Austria, released within the Lexology Getting the Deal Through series by Law Business Research ( September 2022). Authors: MGLP Rechtsanwälte | Attorneys-at- Law—Árpád Geréd. 1. What kinds of cloud computing transactions take place in your jurisdiction? Austria has experienced steadily increasing uptake of cloud services in recent years. While under a decade ago the permissibility of using the cloud was still a lively legal debate, today the majority of Austrian companies rely on cloud propositions, from comprehensive cloud-sourcing to individual tools. Among the various Xaa S models, infrastructure-as-a-service ( Iaa S) and software-as-a-service ( Saa S) dominate. Given the high proportion of small and medium-sized enterprises, cloud storage and backup offerings, as well as cloud-based applications, are used most frequently and enjoy very strong acceptance relative to the number of...
FORTHCOMING CHANGE : The Product Security and Telecommunications Infrastructure Act 2022 ( PSTIA 2022) is only partly in effect. Additional measures will commence on dates to be set by regulations. PSTIA 2022 updates elements of the Code and the Landlord and Tenant Act 1954 ( LTA 1954), mainly on rights to share apparatus, valuation on an LTA 1954 renewal, and dealing with unresponsive occupiers. Both the current and anticipated adjustments are highlighted in the Practice Note below... The Code The Electronic Communications Code (the ‘ Code’) appears in sections 106–119 and Schedule 3A Part 1 of the Communications Act 2003 ( CA 2003). It superseded the earlier Electronic Communications Code formerly in Schedule 2 to the Telecommunications Act 1984 ( TA 1984), as amended by CA 2003. This Practice Note explains the scope of Code rights, how they are created (by agreement between the parties or by court...
This FLASHCARD is designed to help you take in or recall the essentials of the UK’s operational resilience regime, covering the main obligations, the regime’s scope and the compliance timetable. What is operational resilience? Operational resilience is the capacity of firms and the financial system to prevent, adapt to, respond to, recover from, and learn from operational disruption. It goes beyond business continuity and disaster recovery and is a strategic focus for regulators worldwide. What are the UK operational resilience requirements? Existing operational resilience expectations (e.g. Principle 3 of PRIN, and various provisions in SYSC within the Financial Conduct Authority ( FCA) Handbook, together with the Operational Resilience section of the Prudential Regulation Authority ( PRA) Rulebook) are reinforced by rules issued by the FCA in PS21/3 and by the PRA in PS6/21 and SS1/21. These require firms to: identify ‘important business services’ (defined...
Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 ( CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 ( BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer...
Practice Note This Practice Note sets out practical guidance on the obligations in Part 5 of the Online Safety Act 2023 ( OSA 2023) for online service providers (eg platforms) that host or make available pornographic content. The duties focus chiefly on age assurance, requiring such providers to: implement highly effective age assurance measures so that children cannot access these services retain written records detailing the measures adopted publish a statement that summarises those written records The Note considers which services are in scope, what the obligations involve and how relevant providers may achieve compliance, with reference to Ofcom’s guidance on highly effective age assurance and other Part 5 duties. Under OSA 2023, s 82, Ofcom has a statutory function to issue that guidance to assist service providers in meeting their duties under OSA 2023, ss 79–82 ( Part 5). The services...
STOP PRESS : On 29 April 2026, the Crime and Policing Act 2026 obtained Royal Assent. This statute will bring a series of amendments to the Online Safety Act 2023 ( OSA 2023), among them the creation of additional digital offences, and adjustments across the framework. See: LNB News 30/04/2026 21. This Practice Note is impacted by that development and is currently being revised to reflect those legislative shifts in detail. The Practice Note offers a concise, accessible overview of OSA 2023. It sets out what OSA 2023 covers, the categories of services it captures, and the way the regime functions. It also outlines when services falling within OSA 2023’s scope must begin meeting the requirements. OSA 2023 received Royal Assent on 26 October 2023 and partially commenced on that day. The obligations and duties in OSA 2023 will not bite in full until Ofcom has...
This Practice Note outlines UK law as it relates to the use of deepfakes. A deepfake is audiovisual material created or altered with artificial intelligence to misrepresent a person or subject. The Practice Note explores: what a deepfake is; how deepfakes work; and uses and applications of deepfakes—including entertainment, parody, political satire and healthcare. It also considers the application of UK law to deepfakes, the steps taken by social media platforms and search engines to tackle issues arising from deepfakes, and future technological controls, including problem areas linked to technological and legislative or common law controls. What is a deepfake? The term blends ‘deep learning’ with ‘fake’. Ofcom’s Deepfake Defences Discussion Paper characterises a deepfake as audiovisual content generated or manipulated by AI that misrepresents someone or something. Such content often features individuals from the entertainment, fashion, or sports sectors....
This Practice Note examines the legal considerations surrounding ‘ambush marketing’ from an English law standpoint. The phrase ‘ambush marketing’ refers to promotional efforts by a non-sponsor that relate to a major sporting or other event. Within the UK, such activity is managed through a mix of legal mechanisms, including trade mark and copyright law, advertising codes, and legislation tailored to particular events. While some of the tools used domestically to deter ambush marketing can also be found elsewhere (for example, rights-holders for major events would typically have registered trade mark protection for the event name and logo across multiple territories), the legal framework varies significantly between jurisdictions. The toughest regimes are often seen in countries that have recently hosted a high-profile, global sporting event. What is ambush marketing? ‘ Ambush marketing’ is commonly understood as promotional activity by a non-sponsor that seeks to imply an...
This Practice Note monitors enforcement action by the Information Commissioner’s Office ( ICO) resulting from infringements of the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426. It encompasses contraventions of the direct marketing provisions laid down in PECR 2003, SI 2003/2426, regs 21–24. The tracker lists financial penalties and enforcement notices served on individuals or organisations. Background In the UK, e Privacy rules—ie the treatment of personal data within electronic communications—are largely set out in PECR 2003, SI 2003/2426, which transposed Directive 2002/58/ EC (the e Privacy Directive) at a time when the UK was part of the EU. The legislation’s core aim is to require providers of public electronic communications services to adopt suitable technical and organisational measures to protect the confidentiality, security and privacy of the service, and to shield subscribers from specified risks and misuse. PECR 2003 was...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts commencing that day. Specific DUAA 2025 provisions, addressing matters such as answering data subject access requests and conferring powers to make supplementary regulations, took effect immediately on 19 June 2025. Other measures, covering notices from the Information Commissioner and certain facets of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). The majority of DUAA 2025 provisions require further regulations, in the form of statutory instruments, before they can start. Part 5 of DUAA 2025 amends elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and...
This Practice Note reviews the principal definitions and terminology used for platform solutions and sets out explanations of the common platform categories and the language linked to them. It also clarifies how each of the main UK and EU legislative instruments defines the entities falling within their scope. A detailed analysis of electronic data interchange systems, or other platforms designed to enable computer-to-computer transfers of commercial or trading data and documents, lies outside the remit of this Practice Note. Online platforms In recent years, online platforms have expanded rapidly in economic weight and societal influence, with public and political scrutiny of their duties and liabilities reaching new heights. They have entered retail markets and communications infrastructures, reshaping how goods and services are bought and sold, while also enabling richer, content-led forms of social interaction and networking. Online platforms now sit at the heart of the move from...
Having an online presence is essential for most brands. Most brands now market and sell online, either through their own sites or via marketplaces like e Bay and Amazon. They may boost visibility with key word advertising and maintain social profiles on Instagram, Facebook, X (formerly Twitter), You Tube or Tik Tok, often collaborating with influencers to build recognition. To safeguard reputation and make effective use of these channels, it is vital that IP rights are properly secured and enforced. As a result, a dedicated online brand protection strategy is indispensable for any business operating on the internet. This Practice Note provides guidance for brand owners developing an online protection plan. It highlights the key online risks-such as IP infringement and reputational harm-and proposes practical steps to address them. It outlines approaches to brand protection, portfolio management, compliance and ongoing monitoring. It also examines...
Advertising and marketing- Turkey- Q& A guide [ Archived, 2022 edition] This Practice Note provides a jurisdiction-specific Q& A on advertising and marketing in Turkey, issued as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2022). Authors: CETINKAYA- Ozgur Altintas; Mina Yanik; Sila Ozge Sayli; Aleyna Peker 1. What are the principal statutes regulating advertising generally? The overarching rules for advertising in Turkey are laid down in Law No. 6502 on the Protection of Consumers ( Consumer Law), the Commercial Advertising and Unfair Commercial Practices Regulation, grounded in the Consumer Law, and Law No. 6112 on the Establishment of Radio and Television and Broadcasting Services. Moreover, further legislation and secondary rules contain specific, bespoke provisions for differing media channels and product categories. 2. Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on...
This Practice Note outlines the fundamentals of artificial intelligence ( AI) and machine learning ( ML) technology. It includes: A brief history of AI and ML Why data matters How ML models are trained Categories of ML Factors when choosing or evaluating an ML algorithm Neural networks What deep learning means Typical neural network architectures Examples of other widely used ML algorithms Core challenges for AI and ML-transparency, explainability and bias Privacy and data protection Safeguarding AI technology This Practice Note does not address legal or regulatory matters arising from the use or development of AI or ML technologies. For more on these topics, see Practice Notes: Artificial intelligence-data protection Artificial intelligence- UK regulation and the National AI Strategy Artificial...
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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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