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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:
Most recent Practice notes
We have assembled a series that brings together essential, key practical guidance on the particular legal and operational consequences of data protection law in the UK. The collection concentrates on the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). In respect of the collection’s subject matter, there......
This Practice Note This Practice Note offers practical guidance for preparing a jurisdiction clause in a commercial, business-to-business ( B2B) contract. It explains what a jurisdiction clause is, why it is required and how it differs from governing law clauses. It outlines key drafting issues, including scope; whether to choose exclusive, non-exclusive or asymmetric jurisdiction; carve-outs to allow alternative dispute resolution; the effect of using the word ‘irrevocably’; waivers of forum non conveniens; the 2005 Hague Convention on Choice of Court Agreements; the 2019 Hague Judgments Convention; and the approach to clauses submitting to the courts of England and Wales where proceedings are brought outside England and Wales. This Practice Note does not address the position for jurisdiction clauses in business-to-consumer ( B2C) contracts. For more detail, see Practice Note: Governing law and jurisdiction in contracts with UK consumers. This Practice Note is...
This Practice Note outlines the principal issues that arise when advertising to children. It spans the regulatory framework, how children recognise advertising, sexualised imagery, child protection, credulity and undue pressure, direct exhortations, promotions, age‑restricted products and targeting, plus sector‑specific matters, including betting and gaming, alcohol and food advertising. It also addresses in‑app purchasing and the handling of children’s data for advertising and marketing purposes. Regulatory regime overview Advertising to children is overseen by a combination of UK law and self‑regulatory advertising codes, summarised below. Digital Markets, Competition and Consumers Act 2024 On 6 April 2025, Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) for the most part revoked the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, save for certain transitional provisions relating to a consumer’s right of redress. CPUTR 2008 will continue to govern...
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
STOP PRESS : On 29 April 2026, the Crime and Policing Act 2026 obtained Royal Assent. Its passage will bring a series of amendments to the Online Safety Act 2023 ( OSA 2023), among them the creation of new digital offences. See: LNB News 30/04/2026 21. This Practice Note is impacted by these developments and is currently being revised. This Practice Note provides practical guidance on child protection obligations under OSA 2023, including the child safety duties in OSA 2023, ss 12 and 29. The child safety duties in OSA 2023, s 12 relate to user-to-user services, while those in OSA 2023, s 29 concern search services (these expressions are elaborated on below). It also offers commentary on Ofcom’s Protection of Children Code of Practice for user-to-user services and its Protection of Children Code of Practice for search services. Although distinct...
This Practice Note monitors the progress of UK judgments, legislative proposals and ongoing consultations concerning media, digital and telecoms matters. To locate EU judgments, legislative proposals and current EU consultations in these fields, see Practice Note: Media, digital and telecoms tracker— EU. For UK and EU coverage of copyright and databases—judgments, proposals and live consultations—see 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 [ Archived]. Media, digital and telecoms— Legislation For archived legislation, see Practice Note: Copyright, media and digital tracker [ Archived]— Copyright—legislation. For details on the Online Safety Act 2023 ( OSA 2023), see Practice Note: Online Safety Act 2023—tracker. For information about the Digital Markets, Competition and Consumers Act 2024, see Practice Note: The Digital Markets, Competition and Consumers Act 2024—key consumer...
This Practice Note outlines the legal and practical considerations relevant to digital rights management ( DRM), and examines how far technical tools and other safeguards can be deployed by rights holders to protect and administer their digital works lawfully and effectively in practice. It also sets out the categories of offences that may arise where technological protection measures are bypassed or where rights management information is abused in any context. What is digital rights management? DRM describes the technical mechanisms used by copyright owners of digital material to label, monitor and secure their assets. These controls are applied to block unauthorised copying, for instance by using encryption, ensuring that only approved software and permitted users can open a given digital file where appropriate. DRM also serves to identify content and to manage its distribution to consumers, eg by tracking how often a work is...
This Practice Note outlines the legal position and offers practical guidance for service providers on their duties to deliver goods, services and facilities to customers in a non-discriminatory manner under the Equality Act 2010 ( Eq A 2010). It sets out the protected characteristics recognised by Eq A 2010 and gives practical illustrations of different forms of unlawful treatment, together with steps that can be taken to prevent discrimination... Direct discrimination Discrimination by association Discrimination by perception Indirect discrimination Harassment Victimisation Discrimination arising from a disability It also considers enforcement and remedies in Eq A 2010 claims, as well as the territorial scope of the Act. See also: Compliance with the Equality Act 2010 by service providers—checklist. For information on how Eq A 2010 operates in the context of employment...
What is a hackathon? A hackathon is usually a 12–48-hour sprint where multidisciplinary teams—coders, developers, strategists, data scientists, subject-matter specialists and innovators—work intensively to tackle a defined problem in a short window. The aim is to generate fresh concepts, tools or platforms, often ending with a functional prototype or a concept pitch. They trace their lineage to tech culture: the first officially recognised hackathon took place in 1999 in Calgary, though collaborative meet-ups go back to the 1970s with groups such as the Homebrew Computer Group, where the first Apple computer was unveiled. Today, hackathons cut across many sectors and goals, and are not exclusively technology-focused. The author once ran an inspiring game jam—a game development focussed hackathon—designed to speed up cancer cures by turning cancer data analysis into gameplay, delivering scientifically robust outputs thanks to watertight...
This Practice Note This Practice Note examines the legal and commercial considerations that stem from direct marketing activity. It addresses the pertinent provisions of Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation ( UK GDPR), the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426, and the Data ( Use and Access) Act 2025 ( DUAA 2025), insofar as they relate to direct marketing (including the soft opt-in), covering live and automated calls, unsolicited email campaigns, text message promotion, and reliance on marketing lists. Alongside the UK GDPR, PECR 2003 and DUAA 2025, it also reviews other regulatory and industry frameworks pertinent to direct marketing. These comprise the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code), the Data & Marketing Association’s Code ( DMA Code), the...
Agile software development approaches are now widespread within the IT industry and are increasingly recommended as a superior alternative to the traditional waterfall development model. Nonetheless, contracting for Agile software development initiatives remains difficult. Many standard software development agreements were crafted for the waterfall approach and can be challenging to align with the principles that underpin Agile ways of working... What is Agile? ‘ Agile’ is a collective term covering a range of software development methods (including Scrum, Extreme Programming ( XP), Crystal Clear and Dynamic Systems Development Method ( DSDM)). A comprehensive review of these methods sits beyond the scope of this Practice Note. For further detail on how Agile development models function in practice, see Bird & Bird’s Position Paper: Contracting for Agile software development projects... Waterfall v Agile Software Methodologies—key distinctions The waterfall model The hallmark of the waterfall model is its...
This Practice Note outlines principal milestones and details on planned amendments to the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426, within the broader overhaul of UK data protection rules. It collates materials and proposals from multiple organisations on e Privacy reform, spanning consultations and draft legislation. It addresses UK legal changes from September 2021 onwards. While PECR 2003 gave effect to Directive 2002/58/ EC (the EU e Privacy Directive) domestically, EU-level e Privacy reforms made after 11.00 pm on 31 December 2020 ( IP completion day) are out of scope. For EU developments, see Practice Note: EU e Privacy Directive—tracker. Latest UK position—changes to PECR 2003 Government has advanced legislative changes to PECR 2003 as a strand of its broader data protection reform. A substantial portion has now materialised through the Data ( Use and Access) Act 2025 ( DUAA...
This Practice Note monitors significant High Court, Court of Appeal and Supreme Court rulings concerning data protection, e Privacy, misuse of private information and confidential information. For an introduction to the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), see: UK data protection law collection and Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and The Data Protection Act 2018. For introductory materials on e Privacy, misuse of private information and confidential information, see: e Privacy—overview Privacy and misuse of private information—overview Confidential information—overview For a freedom of information and environmental information case tracker, see: Freedom of information case tracker. Cases Infinni Innovations SA v OFMS Ltd [2026] EWHC 470 ( Comm) — High Court — 3 March 2026 —...
Collecting societies This Practice Note explores collecting societies-often described as licensing bodies and/or Collective Management Organisations ( CMOs)-and also considers Independent Management Entities ( IMEs). It covers collective licensing, the legal and organisational status of a collecting society, an outline of UK societies, the benefits for copyright owners, disadvantages for right holders and users, the pros and cons for licensees, legal constraints on how societies operate, regulation of collecting societies, and the Collective Management of Copyright ( EU Directive) Regulations 2016, SI 2016/221, also referred to as the Collective Rights Management Regulations or the CRM Regulations. These frameworks give right holders a collective route to licence and enforce their IP where individual permissions and monitoring would be impractical. Although several societies may function within the same creative field (such as music), separate bodies will generally represent different categories of right holders. In essence, a...
This Practice Note sets out a consumer’s private right of redress for misleading and aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008), introduced by the Consumer Protection ( Amendment) Regulations 2014, SI 2014/870 ( CP( A) R 2014) from 1 October 2014 and updated by the Digital Markets, Competition and Consumers Act 2024 ( Consequential Amendments) Regulations 2025, SI 2025/381. It outlines the consumer’s avenues for redress and provides background and commentary on the revised provisions to be introduced under the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024), covering: the right to unwind the right to a discount the right to damages Background In 2012, the Law Commission and the Scottish Law Commission issued a report on redress for consumers affected by misleading and aggressive practices. They concluded that,...
This Practice Note sets out the function of a notary, the process for notarising a document, and the concept of legalisation. For further detailed guidance, consult the following Practice Notes: notaries notarisation legalisation We have assembled a comprehensive, interactive collection to assist users in identifying and navigating concepts and recurring issues arising on the execution of documents. Each stage includes Practical Guidance, Precedent Clauses and Q& As tailored to that phase. For more details, see: Execution collection. Notaries A notary is a qualified lawyer whose principal role is to authenticate and certify signatures and documents, whether intended for use overseas or as certified copies. Notaries also administer and take oaths and affirmations, and may undertake certain reserved activities under the Legal Services Act 2007, including commercial and property matters, as well as family and private client work (but not...
For other frequently used film and TV terms, see the following: Film and TV glossary C– D Film and TV glossary E– H Film and TV glossary I– L Film and TV glossary M– P Film and TV glossary R– S Film and TV glossary T– W Abandonment When a commissioning producer acquires takeover rights and, then or later, at any time, decides in their sole and absolute discretion that completing the film is not financially viable, they may, by notice in writing, delivered to the film production company itself, formally declare the production of the film abandoned and thereby bring the film’s production to a formal end. Acquisition agreements These agreements are intended for use in circumstances where a company obtains from the film’s owner rights across multiple separate media for a specified territory. See: Acquisition...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention. Does the Convention...
Scope of this Practice Note This Practice Note addresses matters linked to technology used to help firms comply with their regulatory duties—often referred to as ‘regtech’. It reviews how the Financial Conduct Authority ( FCA) and the Bank of England ( Bo E) (including the Prudential Regulation Authority ( PRA)) engage with regtech, highlights industry activity, and records both the proposal and subsequent withdrawal of an FCA ‘ Robo Handbook’. It examines these facets of what has come to be known as ‘regtech’: what is regtech? the FCA’s approach FCA Tech Sprints digital sandbox other regulator-side developments towards a Robo Handbook industry-side developments other initiatives What is regtech? Regtech is a broad label for the use of technology to help firms discharge regulatory requirements more efficiently and effectively than legacy systems allow—and, at times, for the use of...
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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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