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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 explores the key legal and commercial considerations when bringing in a third party to create a new website. Websites range from straightforward plain‑text HTML pages to sophisticated internet applications, social networking services and business platforms. Modern users expect sites to be advanced, interactive, functional and responsive—requirements that designers and developers must embed in both planning and build phases. Agencies typically provide teams of developers and designers to manage projects end to end. However, it is also common for these specialists to work independently on a freelance basis—either outsourced by agencies or contracted directly by customers. Consequently, a customer may not deal with one agency but with several developers/designers separately at different stages of a development project. In all cases, it is vital to appreciate the role and purpose of each specialist discipline throughout the development process, including the nature of the work each...
Scope of this Practice Note This Practice Note sets out the core ideas behind Web 3.0, digital assets and cryptoassets. Regulators, tax authorities and commentators use a variety of labels—cryptoassets, digital currencies, virtual currencies, cryptocurrencies, and crypto/digital tokens—and it is often uncertain whether these are used as interchangeable terms or with distinct meanings. For the purposes of this Practice Note, ‘cryptoasset’ is adopted as a broad term covering cryptocurrencies, virtual currencies, virtual assets and digital tokens. As outlined in the section What are digital assets and cryptoassets? below, although all cryptocurrencies are cryptoassets and all cryptoassets are digital assets, some digital assets are not cryptoassets, and some cryptoassets are not cryptocurrencies. This Practice Note primarily concentrates on ‘cryptoassets’ rather than the wider category of ‘digital assets’, because targeted regulatory measures in the digital arena have, so far, largely focused on...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘ Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q& A on using electronic signatures and completing virtual executions, including ‘ Our position on the use of virtual execution and e‑signature during the coronavirus ( COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q& As relevant to that stage. For more...
This Practice Note cites Chapter I of the Competition Act 1998 ( CA 1998), the Competition Act 1998 ( Vertical Agreements Block Exemption) Order 2022 ( VABEO), the Digital Markets, Competition and Consumers Act 2024 ( DMCCA), and the Competition and Markets Authority’s ( CMA) guidance on VABEO (the VABEO Guidance). What is a vertical agreement? A vertical agreement is a contract concluded between distinct undertakings operating at separate tiers of the supply chain, for instance a manufacturer and its distributors. A supplier might opt for one or several resellers of its goods or services, across one or more layers of distribution, such as a UK-wide or country/region-specific importer, followed by additional resellers at wholesale and retail levels. All such arrangements amount to vertical agreements. They may span successive stages from manufacture to wholesale and retail within the same supply chain. By their nature, these...
This Practice Note was first prepared for Lexis Practice Advisor®, in the US. It outlines immunity under Section 230 of the US Communications Decency Act, explaining who is covered, what claims fall within scope, and how to avoid forfeiting that shield. Section 230 affords wide-ranging protection to internet service providers ( ISPs) and online users against liabilities stemming from third-party speech. Anyone hosting a site or disseminating third-party material online, accessible in the US, should grasp how Section 230 functions. The Note starts with context on Congress’s efforts to police online obscenity and the liability framework that existed before Section 230. It then addresses core definitions and provisions, and the safeguards related to hosting, moderating, encouraging, and paying for third-party content. Finally, it sets out the boundaries of those safeguards, including whole areas of law excluded from Section 230...
ARCHIVED: This Practice Note has been archived and is not maintained. Originally prepared for Lexis Practice Advisor® in the US, this Practice Note outlines prevalent music‑industry agreements and drafting points, covering music licences (mechanical, master use, synch and public performance), work‑for‑hire arrangements, exclusive recording deals and 360 agreements, online distribution accords, and live performance contracts. It also introduces fundamentals on selling music catalogues, along with issues relating to non‑fungible tokens and artificial intelligence ( AI). It further addresses key copyright topics, including termination rights and the legal framework for music licensing, such as the Music Modernization Act ( MMA). Copyright considerations and registration To understand the licence types referenced in this Practice Note, a basic grasp of copyright law is required, including: the exclusive rights of a copyright owner how long those rights endure (copyright duration) the importance of copyright...
This Practice Note was first prepared for Lexis Practice Advisor®, in the US. It outlines how online businesses that host user-generated content ( UGC)—including social networks, video platforms, and digital marketplaces—can reduce exposure to copyright claims by meeting the US Digital Millennium Copyright Act ( DMCA) safe harbour under 17 U. S. C. § 512(c). The DMCA contains four safe harbour provisions (sections 512(a)–(d)) that protect service providers from liability for infringement. This note concentrates on the UGC safe harbour, section 512(c), which is the safeguard most often relied upon. To invoke this defence, companies must take defined actions, such as running a notice-and-takedown system and putting a copyright policy in place. The safe harbour shields service providers from monetary damages, even where users commit infringement by posting unauthorised material. Although a qualifying company may still be sued, the remedies are limited, for...
ARCHIVED: This Practice Note has been archived and is not maintained. It was originally prepared for Lexis Practice Advisor®, in the US. This Note examines the fair use defence in US copyright law, including the preamble and the four statutory factors set out in 17 U. S. C. § 107, and leading fair use decisions from the United States Supreme Court and the Courts of Appeals. It also offers guidance on advising clients who wish to use copyrighted works as to whether a particular use is fair. Overview of Fair Use Defense Fair use is perhaps the most commonly invoked response to an allegation of copyright infringement. Codified in section 107 of the Copyright Act, the doctrine provides that even when a protected work is used without the copyright owner’s permission, the unauthorised use will not infringe if the use is fair. The burden of...
The purpose of the Copyright Tribunal The Copyright Tribunal (the Tribunal) is a standalone adjudicatory body created under the Copyright, Designs and Patents Act 1988 ( CDPA 1988). It exists to settle commercial licensing disputes between copyright holders or their agents and commercial users of protected material. The Tribunal sets the terms and conditions for collective copyright licensing schemes administered by licensing bodies, and also rules on disagreements concerning the terms of individual licences offered by those bodies. Under CDPA 1988, s 116(1), a licensing scheme means a scheme that specifies the classes of case in which the operator of the scheme, or the person on whose behalf he acts, is prepared to grant copyright licences, and the terms on which licences would be granted in those classes of case. The Tribunal does not hear claims for copyright...
This Practice Note sets out an overview of the URS, a rights protection mechanism closely modelled on, yet distinct from, the Uniform Domain Name Dispute Resolution Policy ( UDRP) and elements of the .uk Nominet Dispute Resolution Service ( DRS). The URS provides a fast‑track, lower‑cost route for the most clear‑cut instances of cybersquatting. This Practice Note does not cover the UDRP or the DRS. For more on those, see the following Practice Notes: Uniform Domain Name Dispute Resolution Policy ( UDRP) process Preparing a UDRP complaint—before you start Nominet dispute resolution service ( DRS) Application and purpose of the URS The URS applies to: all new generic Top Level Domain Names (new g TLDs) some of the so‑called legacy g TLDs (namely .asia, .biz, .cat, .info, .jobs, .mobi, .museum, .org, .pro, .tel, .travel, .xxx) some country code top level...
ARCHIVED: This Practice Note has been archived and is not maintained. It brings together major milestones on cross-border services between the UK and the EU, as well as a chronology of the UK/ EU talks over their future trade relationship from exit day (31 January 2020) through to IP completion day (31 December 2020). For guidance on how IP completion day affects services trade, see the Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for the supply of services? STOP PRESS: On 24 December 2020, the European Commission and the UK government declared an agreement in principle on the legal framework for the future UK– EU relationship. Announced just a week before IP completion day, the EU– UK Trade and Cooperation Agreement ( TCA), together with related agreements, arrived at the last minute, leaving minimal time to...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
ARCHIVED: This Practice Note is archived and no longer updated. It brings together the principal developments concerning the import and export of goods between the UK and the EU, alongside a chronology of the UK/ EU negotiations on their future trade relationship, covering the period from exit day (31 January 2020) through to IP completion day (31 December 2020). For information on the effect of IP completion day on the trade in goods, see Practice Notes: What does IP completion day mean for Commercial? and What does IP completion day mean for supply of goods? STOP PRESS: On 24 December 2020, the European Commission and UK government confirmed an agreement in principle on the legal basis for the future UK- EU relationship. Announced just a week before IP completion day, the EU- UK Trade and Cooperation Agreement ( TCA), together with associated...
ARCHIVED: This archived Practice Note sets out details of the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2019, SI 2019/419, together with the Data Protection, Privacy and Electronic Communications ( Amendments etc) ( EU Exit) Regulations 2020, SI 2020/1586, plus salient elements of the EU- UK Withdrawal Agreement and the EU- UK Trade and Cooperation Agreement insofar as they concern data protection. It is no longer updated and is provided for background only. For guidance on continuing divergence between data protection requirements under the GDPR frameworks, refer to Practice Note: Introduction to the EU GDPR and UK GDPR. This Practice Note examines how Brexit affects routine processing of personal data under the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), which took direct effect in the UK and all other EU Member States on 25 May 2018, and,...
Mobile networks This Practice Note delivers a concise, quick-reference overview of the wireless telecoms sector for commercial lawyers. Mobile electronic communications networks are commonly called cellular networks because they consist of a mosaic of cells, arranged to let the network exploit its allocated frequency spectrum with maximum efficiency. A cell is the coverage area served by a base station ( BS), and neighbouring cells operate on different frequencies to reduce channel interference. In rural locations, cells span wider areas than in dense urban settings, where additional capacity is needed. GSM networks Global System for Mobile communications ( GSM—so named as a backronym, the original title being Groupe Spécial Mobile) is the most widespread network standard. GSM is regarded as 2G (second generation, with the first generation being analogue mobile networks). 2G has evolved from the platform first rolled out in 1991, through the arrival of the packet data...
This Practice Note outlines which intellectual property rights ( IPRs) may subsist in a website, and the extent to which they can be used to protect website components and deter unlawful behaviour by others, including rivals. It also addresses how site owners can obtain IPRs during development, alongside the obstacles they encounter when trying to safeguard their intellectual property, particularly amid advances in technology such as generative artificial intelligence ( AI). A concise overview of internet service provider ( ISP) liability is included; for a more extensive analysis of the position in the UK and the EU, see the Practice Notes: The liability exemptions/defences under the E- Commerce Regulations 2002 and The liability exemptions/defences under the EU Digital Services Act. This Practice Note does not deal with registration, use or protection of domain names; for that, see Domain...
This Practice Note explores particular matters within Ofcom’s regulatory framework concerning voice over internet protocol ( Vo IP) technology, offering pragmatic guidance on addressing shifts in this field. Vo IP now underpins widespread carriage of voice calls online. More and more, both individuals and businesses adopt it as a lower-cost substitute for traditional public switched telephone network ( PSTN) services. The regulatory position In an early communication on the topic, Ofcom, the UK telecommunications regulator, identified three aims it regarded as central when shaping policy for Vo IP services: fostering innovation in a technology-neutral manner ensuring consumers are well informed maximising the availability of access to emergency services Providers of communications services (including Vo IP providers) must comply with Ofcom’s General Conditions of Entitlement ( GCs). The GCs are updated from time to time; however, they underwent a major review and...
Vertical agreements Under section 2(1) of the Competition Act 1998 ( CA 98), vertical agreements are banned. The Digital Markets, Competition and Consumers Act 2024 ( DMCC Act) has revised the language in section 2 so that, in specified situations, it captures arrangements carried out beyond the UK. The prohibition covers agreements between undertakings, concerted practices, and decisions of associations of undertakings that have as their object or effect the prevention, restriction or distortion of competition within the UK, or any part of it, and which may influence trade in the UK or a part of it where such agreements, decisions or practices are implemented, or intended to be implemented, in the UK. In all other instances, the ban extends to conduct likely to have an immediate, substantial and foreseeable impact on trade within the UK or a part of the UK. In...
ARCHIVED: This archived Practice Note reviews the effect on the TMT sector following the end of the implementation period under the Withdrawal Agreement and the EU ( Withdrawal Agreement) Act 2020. At 11 pm ( GMT) on 31 December 2020—‘ IP completion day’—the implementation period ended, which had enabled the UK to move away from the EU’s laws and institutions, and the UK’s legal regime altered immediately and substantially. It explains the implications across the following areas of TMT law and practice: Overview—what happened on 31 December 2020 TMT implications of the EU- UK Trade and Cooperation Agreement Access to EEA workers Technology contracts Drones Internet of things Software licensing Cloud computing E-commerce Domain names e Privacy Data protection Media Telecoms Advertising Databases ...
What is a television format? A television format is the blueprint or underlying premise for a television programme or a series of programmes, expressed in a distinct manner and usually built around signature elements (for example, music, branding, or a specific setting) that are replicated in each episode. Within the unscripted arena, game show formats are especially prevalent, while partially scripted reality series such as ‘ Love Island’ and ‘ Big Brother’ demonstrate how successful formats can be exploited in the UK and also tailored for use in international markets. ‘ Downton Abbey’ exemplifies a successful scripted series, founded on an original format developed by Julian Fellowes. Fresh television formats can also arise where the characters, plots, and environments of an existing work are transformed so extensively that a new, original format is created. Notable instances include the US series ‘...
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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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