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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 is aimed at private-sector commercial organisations in the UK. It explains the Information Commissioner’s Office ( ICO) expectations for securing, recording and managing consent to process personal data, and mirrors UK General Data Protection Regulation ( UK GDPR) requirements concerning consent... What is consent? Consent is a freely given, specific, informed and unambiguous sign of the data subject’s wishes whereby they, by a statement or a clear positive action, confirm agreement to the processing of personal data. Accordingly, consent must be: freely given specific informed unambiguous There are two levels of consent based on the type of data processed: standard consent, required when relying on consent to process non-sensitive personal data explicit consent, required when relying on consent to process special category (sensitive) personal data—there is no definition of explicit consent but see Practice Note: How to...
ARCHIVED: This Practice Note is archived and not maintained. How does Brexit affect franchising? With no EU-derived laws targeted specifically at franchising, the consequences of Brexit for franchisors and franchisees are chiefly practical: revisit how franchise agreements are drafted and negotiated, review intellectual property rights protection, and assess any competition law ramifications for the arrangement. See News Analysis: What will Brexit mean for franchisors and franchisees, and how to prepare? Franchise agreements Examine franchise agreements and related arrangements to confirm they remain appropriate post‑ IP completion day, both for the commercial terms they capture and the contractual wording used. Decide whether particular contracts or general standard terms should be amended or adapted. Areas to scrutinise include territorial scope, pricing, tax, intellectual property, data protection, applicable law, jurisdiction and dispute resolution. See Practice...
This Practice Note provides a concise, at-a-glance overview of the fixed line telecoms industry for commercial lawyers. Fixed lines Section 32(1) of the Communications Act 2003 defines an ‘electronic communications network’ as: a transmission system conveying signals of any description by electrical, magnetic or electro-magnetic energy; and associated items used by the provider, in association with that system, for the conveyance of the signals, comprising: apparatus forming part of the system; apparatus for switching or routing the signals; software and stored data; and other resources (except for the purposes of sections 125 to 127), including network elements that are not active. For fixed lines, this encompasses electrical energy in standard conducting cables or wires;...
Scope of this Practice Note This Practice Note explores the measures that have been adopted by the UK government and by financial watchdogs—particularly the Financial Conduct Authority ( FCA), the Bank of England ( Bo E) (including the Prudential Regulation Authority ( PRA)) and the Payment Systems Regulator ( PSR)—to foster innovation in the UK financial technology (fintech) market, and to do so within a well‑regulated framework. It outlines the leading financial innovations; charts the current position of the fintech sector and the successes achieved to date; considers the future prospects together with the associated risks linked to financial innovation; and sets out the regulatory approach that is intended to stimulate the development of, and investment across, the fintech industry. It also examines the part played by financial regulators in response to the growing use of artificial intelligence ( AI). Fintech covers a wide...
This Practice Note outlines the outsourcing obligations for firms contained in the Financial Conduct Authority ( FCA) Handbook’s Senior Management Arrangements, Systems and Controls sourcebook ( SYSC), and in the Prudential Regulation Authority ( PRA) Rulebook, including provisions that will replace Commission Delegated Assimilated Regulation ( EU) 2017/565 (the UK Mi FID II Organisational Regulation) from its revocation on 23 October 2025. It also highlights that the data protection framework in Assimilated Regulation ( EU) 2016/679 ( UK GDPR) includes requirements relevant to outsourcing. For more, see Practice Note: Outsourcing and data protection... Outsourcing rules applying to UK financial services firms The outsourcing rules that apply to UK financial services firms are found in: the overarching requirement to maintain effective processes in SYSC 4.1.1R, and SYSC 8 Dual-regulated firms should also consider the corresponding provisions in these Parts of the PRA...
For additional frequently used film and TV terms, see: Film and TV glossary A– B, 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. Term Directive The EU Term Directive, Directive 2006/116/ EC (codified), sought to harmonise national durations of protection for copyright works, which were typically set at the life of the author plus 70 years. In the UK, it was brought into effect by the Duration of Copyright and Rights in Performances Regulations 1995, SI 1995/3297. As EU‑derived domestic legislation, those Regulations form part of assimilated law and continue to have effect in the UK—see Practice Note: Assimilated law. See also: The Term Directive: Laddie, Prescott & Vitoria: The Modern Law of Copyright...
For more common film and TV terms, see: Film and TV glossary A– B, Film and TV glossary C– D, Film and TV glossary E– H, Film and TV glossary I– L, Film and TV glossary R– S, Film and TV glossary T– W. Meme An image, video, snippet of text, or similar item that satirises or amuses, typically spreading rapidly online, with users often adapting or varying it as they share it on. Mime Within copyright law, mime is treated as a form of dramatic work. Moral rights Under the Copyright, Designs and Patents Act 1988 ( CDPA 1988), authors are granted personal rights (moral rights) that sit alongside, but separate from, their economic rights. Whereas copyright concerns financial interests, moral rights protect the author’s public reputation and the integrity of the work linked to them. the right to be named as author or director (the right of...
ARCHIVED : This Practice Note is archived and not maintained. It gives guidance on tax reliefs available to British films and television programmes made or in development before 1 April 2025. From 1 January 2024, a new tax credit, the audiovisual expenditure credit ( AVEC), replaced the prior regime. Productions made, or still in development, before 1 April 2025 can continue to claim the old reliefs until 31 March 2027. New productions beginning on or after 1 April 2025 can claim only AVEC. This Note focuses on the former scheme, not AVEC; for AVEC, see Practice Note: The UK film and television audiovisual expenditure credit scheme. In the UK, creative sector tax reliefs under the Corporation Tax Act 2009 ( CTA 2009) apply to British films and television programmes. This Practice Note covers: the creative sector tax reliefs introduced by the Finance Act 2014; ...
Film and TV glossary A– B 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 CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice ( CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority ( ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and...
For other frequently used film and TV expressions, consult: Film and TV glossary A– B, 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 T– W. Radio Pro Ltd Radio Pro Ltd takes submissions from independent musicians via Radio Pro.eu. Anyone performing music in a public venue may require a licence. Artists can upload tracks to Radio Pro.eu and the platform will, on their behalf, present them directly to commercial and creative clients— TV programmes and series, films, adverts and documentaries—for a fee set by the artist. See Practice Note: Collecting societies. Recapture or turnaround provision ‘ Recapture’ states that a licence will lapse and all rights will automatically return to the author/owner after a defined period if, by its end, the producer has not carried out...
Film and TV glossary A– B | Film and TV glossary C– D | Film and TV glossary E– H | Film and TV glossary M– P | Film and TV glossary R– S | Film and TV glossary T– W Incidental inclusion (‘passing shot’ use) Including a copyright-protected work only incidentally within an artistic work, sound recording, film or broadcast does not infringe that copyright. For example, a film shot on location at the South Bank in London would not breach rights in buildings or in music audible in the background when their presence is incidental. What qualifies as ‘incidental’ hinges on the facts of each matter. See Practice Note: Copyright—permitted acts and defences. Independent Press Standards Organisation ( IPSO) IPSO is an independent, self-regulatory body that handles complaints about the editorial content (not advertising) of newspapers, magazines (not books) and their websites, as well as about...
This Practice Note reviews the regulation of consumer credit advertising under the Financial Conduct Authority’s ( FCA) Consumer Credit sourcebook ( CONC 3). It explains how CONC 3 connects with the financial promotion restriction in section 21 of the Financial Services and Markets Act 2000 ( FSMA 2000), sets out the overarching ‘clear, fair and not misleading’ standards in CONC 3 as applicable, and describes the FCA’s enforcement powers against non-compliant firms where the rules are breached in practice... Supervisory focus In its March 2026 Regulatory priorities: Consumer finance report, the FCA indicated it intends to consult on CONC 3, spanning financial promotions and communications, to strip out unnecessary prescription, refresh requirements and further enhance alignment with the Consumer Duty, in due course... Relationship with the FSMA 2000 financial promotion restriction CONC 3 draws on several concepts from the restriction on financial promotions by...
This Practice Note outlines the UK’s regulatory framework for electronic communications, commonly called telecommunications (telecoms), clarifying which services are regulated and, where they are, what obligations apply. In the UK, the primary regime is founded on the Communications Act 2003 ( CA 2003), the Wireless Telegraphy Act 2006 ( WTA 2006), Ofcom’s General Conditions of Entitlement ( General Conditions), together with Ofcom’s related regulatory functions and powers. This Practice Note summarises these principal elements of regulation and explains how and when they operate. Other regulatory regimes may affect the telecoms sector, including general consumer and competition law. However, the emphasis of this Practice Note is the telecoms regulatory regime. For general guidance on the other regimes mentioned above, see the following: UK competition regime—overview Data protection...
ARCHIVED: This Practice Note is archived, not maintained, and will not receive updates. The transition period created to help the UK move away from the EU’s laws and institutions ended at 11 pm ( GMT) on 31 December 2020. That point—described in this Practice Note as ‘ IP completion day’—triggered an immediate and significant alteration to the UK’s legal landscape. This Practice Note sets out the effects of that change for e-commerce. How does Brexit impact E-commerce? Although EU legislation on e-commerce is largely kept in the UK as retained EU law, Brexit still has major implications for UK businesses operating in the EU. If EU law diverges from the approach taken in the UK, or vice versa, or there is further deregulation in future, the compliance load on UK organisations engaged in cross-border e-commerce will increase. E-commerce encompasses a wide array of laws,...
This Practice Note This Practice Note reviews principal UK legal matters connected to the deployment of unmanned aircraft, or drones, for leisure and business purposes. Unmanned aircraft systems are typically grouped into three broad classes recognised by regulators, covering the spectrum of activities relevant to recreational and commercial use in the UK context. The largest platforms, such as those designed for carrying passengers or for extended-range military use, are regulated as if they were crewed aircraft. Accordingly, they face comprehensive rules: airframe certification and registration, pilot licences, and operating procedures comparable to those applied in conventional civil aviation operations. This Practice Note does not address that class. A second class encompasses operations that cannot satisfy conventional certification, yet can be shown to be safe in practice. For many years, aviation authorities have possessed, and sometimes been obliged to exercise, powers to authorise such...
Practice Note—consumer protection summary This Practice Note outlines the principal elements of the UK’s Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) from a consumer protection viewpoint. It covers: the revocation and replacement of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277; new rules for subscription (not yet in force) and consumer saving scheme contracts; and the revocation and replacement of the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015, SI 2015/542. It also addresses the conferral of strengthened CMA enforcement powers. On 24 May 2024, the Digital Markets, Competition and Consumers Bill obtained Royal Assent, becoming DMCCA 2024. The Act delivers major reforms to UK consumer protection law, competition law and the regulation of digital markets. It is partly in force from Royal Assent, while most core provisions and...
Background This Practice Note presents a concise overview of the main themes for comparing the UK and EU approaches to competition in digital markets. Specifically, it examines the regulatory regimes created by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) and Regulation ( EU) 2022/1925 on contestable and fair markets in the digital sector, which amends Directive ( EU) 2019/1937 and Directive ( EU) 2020/1828, the EU Digital Markets Act ( EU DMA). What’s happening in the UK? Online platforms and digital advertising have faced intense regulatory attention across the UK, the EU and further afield, including the USA and Australia. Although digital markets can yield major gains for consumers and for wider economies, that scrutiny revealed weakened rivalry stemming from a small cohort of powerful digital businesses active in the market. In the UK, this led to demands for tougher...
This Practice Note charts the progress of legislative and policy changes in the UK’s continuing overhaul of competition in digital markets since 2018. Following Royal Assent of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) on 24 May 2024, this Practice Note has stopped tracking developments on that Act; these are now contained in: Digital Markets, Competition and Consumers Bill—progress tracker. Going forward, it will continue to capture all other digital markets developments, except those relating to the DMCCA 2024. EU regulation At EU level, the European Commission has brought forward proposals to ensure digital markets remain fair and open, namely: the Digital Services Act ( DSA) the Digital Markets Act ( DMA) If enacted, the DMA would introduce wide‑ranging reforms to the application of EU competition law to the largest digital platforms. For details on the DMA’s progress through the ordinary...
This new starter guide sets out the fundamentals of database right law. It highlights the core principles and directs you to numerous Lexis+ UK sources and materials for fuller guidance. It is designed for trainee solicitors, paralegals, and those beginning to work with database right law. Information on other IP rights, including other new starter guides, is available in Practice Note: Intellectual property ( IP)—new starter guide. Those new to IP will also find the topic Overviews Database transactions and management—overview and Database disputes—overview useful. Where issues fall beyond this basic guide, go to the IP homepage and select Databases under ‘ Topics and Tasks’ to explore the Databases topic’s subtopics: Database transactions and management Database disputes This guide also includes links to help you get the most from the IP practice area’s materials, including how to contact the Lexis Ask...
UK databases—scope, Brexit and assimilated law Over the two decades leading up to Brexit, EU legislative initiatives heavily shaped the UK’s database protection regime. After the UK’s departure, any EU laws created or brought into effect after 31 December 2020 ( IP completion day) no longer bind the UK. Earlier EU measures were carried over into a new category of domestic law—retained EU law—under the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), and UK courts continued to apply pre‑2021 case law on that body of law. The European Union ( Withdrawal Agreement) Act 2020 amended the EU( W) A 2018 and established an implementation period commencing on 31 December 2020. During that interval, the legal position was held in place unless the UK Parliament expressly altered it. From that point, UK courts could take into account, but were not obliged to...
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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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