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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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AI technologies can be applied throughout the advertising landscape, from fine-tuning programmatic buying and audience targeting to creating content. The digital marketing sector has, in fact, drawn on such tools for years—virtually every participant in the online ad ecosystem, including exchanges, networks, publishers, social platforms and brands (or the media agencies purchasing on their behalf), has relied on AI to varying degrees to steer spend, conduct real-time bidding and sales, generate reports, deliver and target at scale, and assess campaign performance. For additional insight into the role of non‑generative AI in digital advertising, see the Further resources referenced below. By contrast, the recent boom in generative AI solutions and technologies (described as ‘ AI systems’ in this Practice Note) has transformed the market and shaken established monetisation approaches. Each wave of change brings fresh commercial possibilities alongside novel legal exposures for...
This Practice Note considers governance, contract management and reporting within common outsourcing contracts. It sets out why governance is critical in long-term arrangements and outlines the make-up of a typical governance schedule. It also reviews connected legal themes, including good faith, variation and waiver. Outsourcing deals commonly span several years and demand sustained co-operation between supplier and customer. Strong governance and reporting terms underpin that co-operation, setting clear expectations from the outset about the customer’s role in day‑to‑day service delivery, the frequency and format of the supplier’s reports, and the approach to resolving issues. This Practice Note covers: Introduction to outsourcing governance Drafting the governance provisions Legal issues Reporting For precedent governance and reporting provisions, see clause 9 and schedule 9 of Precedent: Outsourcing agreement—long form. Introduction to outsourcing governance In outsourcing, governance is the method by which the customer and supplier oversee the...
This Practice Note explores the principal considerations when preparing a settlement agreement: correctly identifying the parties (including any relevant third parties), expressing obligations with clarity and sufficient compulsion (covering time is of the essence and endeavours provisions), drafting the release (the ‘full and final settlement’ estoppel), and incorporating appropriate boilerplate clauses and execution formalities. For guidance on making a settlement offer and deciding how to record it, see Practice Notes: Settling disputes—settlement offers ( Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement Settling at a mediation For Precedent draft settlement agreements, see: Draft Settlement agreement—pre-action settlement Draft Settlement agreement—for settling disputes post-commencement of proceedings For guidance on disputes arising from a settlement agreement, see Practice Note: Resolving disputes concerning settlement agreements. Key requirements—drafting the settlement contract As with any contract, attention should be given to these core...
Remedies for misuse of private information and breach of confidence This Practice Note concentrates on the relief available where private information has been misused—whether through an actual or threatened publication, or by the manner in which personal information was obtained—and for breaches of confidence involving the disclosure of personal information. The principal forms of relief are damages and injunctions. Because the law in this field embraces a broad spectrum of factual circumstances, courts take a supple, case-sensitive approach to remedies. Thus, in one set of facts, the most effective way to vindicate the claimant’s privacy may be an injunction restraining an anticipated disclosure; in another, the defendant may already have disclosed the material without authority and derived a commercial gain. In that scenario, suitable relief may include compensatory damages or an order for an account of profits, together with an injunction stopping any further...
This Practice Note sets out practical guidance on the correct execution of simple contracts and deeds by administrative receivers... Quick view The summary below outlines the execution formalities relevant to administrative receivers and points to the location of matching precedent execution clauses. For more detail, navigate to the document type using the links in the first column... Document type: Simple contracts By the company ( Companies Act 2006, s 43(1)(a)): Using the company’s common seal, applied by the administrative receiver under the power in the debenture under which they are appointed — Execution clause—administrative receiver—contract ( Option 2). By the administrative receiver’s signature under the power granted in that debenture, signing in the presence of a witness — Execution...
This Practice Note outlines the nature of waiver and release within commercial contracts, distinguishes between them, and summarises the clauses that address waiver (commonly called a ‘no-waiver’ clause) and release. The waiver clause is widely recognised as a boilerplate provision aimed at preventing unintended waivers of legal rights from taking effect, including the right to terminate after a breach of contract. What does ‘waiver’ mean? In contract law, ‘waiver’ may carry different senses, but most often describes a concession granted by one party whereby it does not demand strict performance by the other of a contractual duty, whether before or after any breach of the term being waived. For discussion of other potential meanings, see: Waiver: Halsbury’s Laws of England [251]. Types of waiver Express Implied from conduct In either case, it must amount to an unequivocal representation arising from a positive and...
The Companies Act 2006 ( CA 2006) and The Company, Limited Liability Partnership and Business ( Names and Trading Disclosures) Regulations 2015, SI 2015/17 (the Names and Trading Disclosures Regulations 2015) oblige UK companies to display specified trading particulars. These include information about the company’s registered name, share capital, its directors and the registered office. Corporate transparency reform—company names Government plans to modernise Companies House are far-reaching. The vision is for a comprehensive transformation of the registrar, positioning it as the world’s most innovative, transparent and trusted registry. Through these measures, the government seeks to enhance the Registrar’s contribution to the UK economy while strengthening its ability to tackle economic crime. The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) secured Royal Assent on 26 October 2023. Its provisions will be brought into force in stages, giving companies and Companies House time to...
Who/what is the ASA? The Advertising Standards Authority ( ASA) is the UK’s independent regulator overseeing advertising in every type of media. It applies and enforces the Advertising Codes of Practice. The ASA Council serves as the final decision‑maker, ruling on whether advertisements meet the Codes of Practice, and you would generally only encounter the Council at the closing stage of the complaints process. For more information visit www. ASA.org.uk... Statutory regulatory objectives The UK’s regulatory framework is shaped by two committees that create the Codes implemented by the ASA: the Committee of Advertising Practice ( CAP), and the Broadcast Committee of Advertising Practice ( BCAP) CAP develops the UK Code of Non‑ Broadcast Advertising and Direct & Promotional Marketing ( CAP Code), while BCAP authors the UK Code of Broadcast Advertising ( BCAP Code) (together, the Codes of Practice). For further guidance, see...
Permitted development rights for telecommunication development Certain types of telecommunication works, eg mobile telephone masts, qualify as permitted development, meaning planning permission is therefore not generally required in practice. For more information and guidance, refer to Practice Notes: Permitted development in England, Permitted development rights and the prior approval system, and Permitted development in Wales. In England, from 4 April 2022, specific permitted development rights for telecommunications were broadened, following a consultation, to advance the UK’s ambition for nationwide gigabit-capable broadband and 4G coverage, with 5G available to most of the population, by 2030. See: LNB News 07/03/2022 53. These revisions are reflected within this Practice Note where relevant. What, then, is permitted?......
This Practice Note presents an overview of the key features of the UK‑ EU Trade and Cooperation Agreement ( UK‑ EU TCA) that pertain to trade in services between the UK and the EU. It explains the TCA’s scope for services and the generally applicable principles, including Market Access, National Treatment, Most Favoured Nation ( MFN), Domestic Regulation, performance requirements, recognition of professional qualifications, entry and temporary stay of persons for business purposes, and the nationality of senior management and boards. It also outlines disciplines tailored to delivery services, telecommunications services, financial services, international maritime transport services, and legal services. Introduction to the UK- EU Trade and Cooperation Agreement On 24 December 2020, UK and EU negotiators reached a deal defining their future relationship. The UK‑ EU TCA is a comprehensive accord responding to the UK’s withdrawal from the EU’s internal market ( Brexit)....
The Copyright, Designs and Patents Act 1988 ( CDPA 1988) grants the copyright holder in the UK the sole authority to undertake a variety of acts in relation to any copyright work. Where those specified acts in the CDPA 1988 are carried out by someone other than the owner, without consent, this may amount to an infringement of the owner’s exclusive rights. Status of EU copyright law in the UK As of 31 January 2020, the UK ceased to be a Member State of the EU. In line with the Withdrawal Agreement, an 11‑month transition or implementation period followed, ending on 31 December 2020 ( IP completion day), during which EU law continued to apply across the UK. Thereafter, EU legislation made or brought into force after that date is not binding on the UK. For pre‑existing measures, the legal position...
This Practice Note surveys how mobile network operators ( MNOs) share networks and physical assets. By outlining the principal forms of infrastructure sharing, the commercial rationale, operating models, competition considerations, and likely developments, it offers a concise guide to managing legal and regulatory exposure in the UK... Although negotiating network and facilities sharing is complex, doing so can deliver meaningful gains for MNOs. Co-ordinated sharing continues to unlock notable cost efficiencies, whether through alliances with direct competitors or partnerships with independent tower operators and facilities providers. Even so, as this Note underlines, it is essential to address and control the inherent legal and regulatory risks when drafting, negotiating, and finalising such arrangements... Brexit This Practice Note concentrates on the UK market and evaluates the applicable UK competition law. The emphasis is on block exemptions that may apply to the sharing structures discussed. These...
Background The Intellectual Property Enterprise Court ( IPEC) sits within the general Intellectual Property List ( Chancery Division) and is designed to enable small and medium-sized enterprises ( SMEs) to obtain justice in IP disputes where they might otherwise be unable to bring or resist a claim. It also offers a venue for lower-value IP cases to be resolved with costs kept in proportion. The Intellectual Property List comprises two sub-lists: the Patents Court and the IPEC, and forms part of the Business and Property Courts of the High Court, which were established on 2 October 2017. For further details about the Business and Property Courts, see Practice Note: Business and Property Courts, and for commentary on how their launch affects IP matters, see News Analysis: Framework of Business and Property Courts sets ‘solid groundwork for success’. A central feature is the cap on...
This Practice Note addresses practical and procedural matters that may emerge in a privacy claim. It spans multiple sequential phases of litigation, including: identifying the defendant, drafting a letter of claim, anonymising the parties, and preserving confidentiality during court hearings. Alternatives to litigation are reviewed and discussed as well. See also Practice Note: Starting a claim for misuse of private information—a practical guide. Brexit This Practice Note contains multiple references to the European Convention on Human Rights ( ECHR), which is given effect in UK law by the Human Rights Act 1998 ( HRA 1998). Brexit has produced no automatic change to either HRA 1998 or to the incorporation of the ECHR achieved through HRA 1998. The ECHR is an international treaty safeguarding human rights in states that are part of the Council of Europe, a body wholly distinct from the EU. The UK remains a...
Read this Practice Note alongside Practice Notes: Privacy law—misuse of private information and Privacy law—remedies. Brexit This Practice Note makes multiple references to the European Convention on Human Rights ( ECHR), which is given effect in UK law by the Human Rights Act 1998 ( HRA 1998). Brexit has not, by itself, altered HRA 1998 or the ECHR’s incorporation through that Act. The ECHR is an international treaty that protects human rights across the member states of the Council of Europe, a body wholly distinct from the EU. The UK remains within the Council of Europe. The EU- UK Trade and Cooperation Agreement confirms that the arrangement leaves the UK’s ECHR obligations unchanged and allows the agreement to be brought to an end if either party denounces the ECHR. For further information, see: Q& A: What does Brexit mean for the Human Rights Act 1998? LNB News...
This Practice Note sets out an explanation of Nominet’s dispute resolution service ( DRS), which applies to all .uk domain names. Application and purpose of the Nominet DRS The .uk DRS offers a swift, practical and cost-effective route for resolving disputes over domain names without the need to pursue litigation. It is operated by Nominet, the registry for .uk domain names. The Nominet DRS covers all .uk domain names registered and administered by Nominet and is incorporated by reference into the Terms & Conditions of Domain Name Registration for each .uk domain name. When a complainant invokes the process, the domain name holder (respondent) is bound by the DRS policy, including its procedural rules. The outcome of the process is enforced by Nominet. Although closely modelled on the Uniform Domain Name Dispute Resolution Policy ( UDRP), the Nominet DRS has distinctive features, including a...
The rules applicable to advertising in the UK In the UK, advertising is governed by both statute and industry-run self-regulatory codes. A fundamental rule is that advertising must be clearly identifiable as advertising. This Practice Note reviews the provisions in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) on signalling advertising and the labels commonly used to achieve this. It introduces the self-regulatory framework and sets out specific guidance on applying CAP Code rules in the context of: advertisement features native advertising affiliate marketing social media advertising influencer advertising podcasts and audio streaming vlogs and live streaming reviews, testimonials and endorsements direct marketing Keep in mind that elements of the guidance may overlap. For instance, influencer advertising often includes...
This Practice Note examines how the UK public sector engages with free and open source software, including: Overview of public sector use of open source Timeline of policies and initiatives Adoption in the public sector EU approach Free and open source software describes software released under a licence that allows the recipient to use, modify, and share it—either in its original form or as an altered version—without payment of fees or royalties, with access to the source code provided. While free software and open source software are not identical, this note uses the term open source for simplicity. For general guidance and templates, see: Practice Note: Free and open source software Practice Note: Free and open source software—strategy and policy Practice Note: Free and open source software—audits Practice Note: GNU General Public License ( GPL)...
This Practice Note serves as a practical ‘how to’ for delivering a compliant B2C telephone and print direct marketing campaign, and points you to relevant materials. It distils the key principles and legal rules governing direct marketing, and explains how they affect print and telephone activity. It also offers hands-on advice on the steps and issues to weigh up before dispatching marketing mailings or placing marketing calls to consumers. Given the variety of routes available for a direct marketing initiative, different legal considerations may arise depending on the campaign’s design, the copy used, the exact media chosen and the jurisdictions in scope. This Practice Note does not cover digital forms of direct marketing, such as social media advertising, mobile and virtual advertising. For a ‘how to’ on running a compliant direct marketing campaign in a digital setting, see Practice Note: How to run a...
This Practice Note sets out the purpose and importance of time of the essence clauses in commercial contracts. It outlines the general rule and its exceptions, and considers practical points for both supplier and customer when evaluating time of the essence provisions in supply of goods or services agreements. For a Precedent time of the essence clause with detailed drafting notes, see Precedent: clause. See also: Drafting and negotiating a time of the essence clause—checklist. For discussion of time of the essence clauses in the context of: construction contracts, see Practice Note: —construction contracts rent reviews, see Practice Note: A guide to rent review for property lawyers— When is time of the essence? Consequence of a time of the essence clause Where a contract stipulates that ‘time is of the essence’ for the performance of an obligation, there is a...
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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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