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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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The Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) The 1970 Hague Convention sets out how divorces and legal separations are recognised in a contracting state when the decree was granted in another contracting state, provided the proper legal process of the state of origin was followed. From 31 January 2020 (exit day), the UK left EU membership and ceased participation in the EU’s political institutions and governance structures. Under the transitional provisions in Part 4 of the Withdrawal Agreement, exit day began an 11‑month implementation period (from 11 pm on exit day until 11 pm on 31 December 2020 (implementation period ( IP) completion day)) during which the UK and the EU agreed the UK would be treated as a Member State for the purposes of international agreements. The...
This Practice Note outlines the principal areas of family law, providing an entry point to practical guidance for experienced family practitioners, and doubling as a training aid for those new to the field, including trainee solicitors and paralegals. It signposts practical guidance across a range of topics, with introductory notes and navigation to resources such as Practice Notes, Procedural Guides, Client Guides, Precedents, Flowcharts, Forms and Calculators. Alongside directing users to key aspects of family law practice, it introduces the following common areas (in alphabetical order): Cohabitants Divorce and dissolution of civil partnership (applications issued before 6 April 2022) Divorce and dissolution of civil partnership (applications issued on or after 6 April 2022) Domestic abuse Financial applications Marital/civil partnership agreements Private children Public children Key aspects of family law...
Parties should address explicitly within a licence for alterations any clash between the tenant’s covenants in the lease and the scope of works the landlord intends to permit. This Practice Note examines the statutory position alongside the common law approach, and highlights the potential risks where a landlord agrees to alterations that the lease prohibits. For general guidance on a landlord’s consent to alterations, see Practice Note: Landlord’s consent to alterations. See also Repairs and alterations—overview. Statutory provisions Under Section 143 of the Law of Property Act 1925, when a tenant is licensed to do an act, the licence, unless it states otherwise, extends only to: the permission actually granted, or the specific breach of any provision or covenant mentioned, or any other matter expressly authorised to be done The licence does not bar proceedings for any subsequent breach, unless the licence...
This timeline outlines significant milestones and material concerning the UK’s Network and Information Systems Regulations 2018 ( NIS Regulations), SI 2018/506, and covers proposals to amend them by way of the Cyber Security and Resilience ( Network and Information Systems) Bill laid before Parliament in November 2025. It brings together strategies, consultations, progress updates, reform suggestions, plus commentary and guidance from various organisations on these developments. For further detail, see Practice Note: The Network and Information Systems Regulations 2018. Key developments 27 March 2026 — Ofgem. DESNZ and Ofgem opened a consultation seeking input on plans to recast cyber resilience regulation for downstream gas and electricity operators across Great Britain, reflecting the evolving energy system, Clean Power 2030, and a heightened cyber security threat. Proposals cover: setting baseline cyber resilience obligations for all Ofgem licensees via licence conditions, using Cyber Essentials or Cyber...
This Practice Note outlines the principal cybersecurity ramifications posed by artificial intelligence ( AI) in relation to duties under UK law, including those arising from the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It further sets out practical guidance on embedding AI as a relevant factor within existing cybersecurity compliance frameworks already in place. Advances in AI prompt concerns about the implications for cybersecurity and, as adoption grows, so too do related cybersecurity concerns. In January 2024, the UK National Cyber Security Centre ( NCSC), the UK’s technical authority on cyber threats, warned that AI will almost certainly render cyberattacks on UK organisations more effective and widespread. In April 2026, DSIT and the Cabinet Office published an open letter to businesses on AI cyber threats, warning that the development of AI models is...
This Practice Note compiles a consolidated set of key United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR)-compliant precedent terms, clauses, provisions, schedules and agreements, which can be tailored for commercial dealings and personal data sharing contexts. It also contains certain schedules intended for matters where both the UK GDPR and the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) apply, tackling both regimes within one contract by adopting the highest common denominator of the two compliance frameworks. It is structured as follows: controller to processor data processing arrangements controller to controller data sharing arrangements clauses for international transfers Consult the relevant document for details on when each is intended to be used. For a broad primer on data protection law that gathers key practical guidance, see: UK data protection law...
For comprehensive commentary on the regulation, consenting and incentivisation of the net zero energy transition under the law of England and Wales, see also: Collinson and Hockman on Energy Law: Regulating, Consenting and Incentivising the Energy Transition. That textbook offers detailed treatment of topics addressed in this Practice Note. To establish any new connection—whether serving a generator, a dwelling, an office or an entire development—fresh network infrastructure must be constructed. Because network operators recover installation capital over a prolonged period (by levying suppliers for network use), a primary concern is the security of the network asset—that is, the right for it to be installed in, and remain within, the land. This typically combines statutory powers granted to licensed electricity distribution and transmission network operators with private rights, such as long leases and easements. What are street-opening powers? Section 10 and Schedule 4 of the...
An Introduction to Oil & Gas Sales and Trading States grant businesses the right to search for and extract hydrocarbons (crude oil and natural gas) within a specified area under a concession. Those holding the concession commonly set out their mutual duties and rights for activities under that concession by agreeing a joint operating agreement ( JOA). Where exploration, appraisal, development and production succeed, crude oil and natural gas are brought to the surface. For further detail on JOAs and concession arrangements, see Practice Notes: The purpose and the principles of the joint operating agreement and Understanding upstream petroleum agreements—concessions, production sharing contracts and service contracts. For more on the AIEN (formerly known as the AIPN) Joint Operating Agreement, consult the textbook: The AIPN Joint Operating Agreement: A Practical Guide. Physical v Non-physical (or Virtual) Sales and Trading A JOA will usually expressly exclude the...
This Practice Note examines supply chain sustainability within the wider landscape of sustainable procurement and environmental, social and governance ( ESG) performance, with a particular emphasis on private sector practice in the UK. It delivers practical direction on creating a supplier code of conduct and shaping a comprehensive UK supply chain sustainability programme that considers key matters including human rights, labour standards, environmental effects, corruption, deforestation, exposure to litigation, and risk management. Public procurement does not fall within the scope of this Practice Note. For further reading on central themes in supply chain sustainability—covering what it is, how companies can build a sustainable supply chain, which issues a supply chain sustainability programme should address, the risks of not doing so, and mitigation—see Practice Note: Supply chain sustainability—key themes. For information on supply chain sustainability in the EU, including more detail on EU...
Updated in April 2026 Introduction Türkiye has stood at the centre of international politics owing to its role in the Syrian conflict along its southern border and its approach to refugees. The coronavirus ( COVID-19) pandemic, as elsewhere, heavily influenced domestic policy and the economy. Disputes in the Mediterranean over the search for natural gas also stayed high on the agenda. Since the final quarter of 2018, the economy has endured recessionary conditions linked to the attempted coup d’état of 15 July 2016, marked by elevated inflation, costlier borrowing, and volatile exchange rates. Although economic projections were shaken in 2020 by the pandemic, Türkiye sought to blunt the fallout through the Economic Stability Shield programme unveiled on 18 March 2020, setting out nationwide supportive and preventative steps to lessen the economic damage, covering taxation, credit and labour-related matters. By late 2021, the Turkish lira had...
This Practice Note explores how far businesses established in England and Wales may stipulate that agreements with consumers located elsewhere in the UK are governed by, and/or fall within the courts of, England and Wales. It reviews the rules that select governing law and forum for both contractual and non-contractual liabilities in UK business-to-consumer ( B2C) arrangements. For these purposes, ‘consumer’ means an individual acting for reasons unconnected with their trade or profession. Brexit This Practice Note refers to retained EU law ( REUL) and related concepts introduced by the European Union ( Withdrawal) Act 2018 in the context of Brexit. From the end of 2023, REUL that continues in effect is termed ‘assimilated law’. Re-labelling REUL and linked terms as assimilated law signals a shift in status and treatment within UK law: it is, in general, read through ordinary domestic legal...
This Practice Note explores what constitutes a fatal injury action, the situations in which such a claim might arise, who may bring proceedings, and the categories of damages that could be pursued. It reviews Part IV of the Civil Liability Act 1961 ( Ireland) ( CLA 1961 ( IRL)), the statutory framework governing the law in this area concerning fatal injuries. It also outlines when such claims arise, who may claim, and the recoverable categories of damages. What is a fatal injury action? When a person dies because of the negligent or wrongful conduct of another individual or individuals, a claim can be brought against the alleged wrongdoer or wrongdoers; this is termed a fatal injury action. Fatal accidents may occur in numerous ways, for instance a road traffic collision or a fatal episode at work......
Clearing requirements have brought about significant changes to derivatives documentation. Uncleared derivatives remain subject to an International Swaps and Derivatives Association ( ISDA) Master Agreement together with a Credit Support Annex, whereas cleared derivatives call for additional paperwork, including: clearing agreements give-up agreements collateral transformation agreements To reduce the documentation burden of putting clearing arrangements in place, and to help with compliance with the new derivatives rules, the industry has produced standard forms. These encompass classification letters and delegated reporting agreements (both available from the ISDA website), plus client clearing documentation for both US and non- US platforms, as well as a range of protocols and standard amendment agreements. For more information on documenting clearing relationships, see Practice Note: Documenting a derivatives clearing relationship— EU and UK platforms. This Practice Note sets out the key terms of the 2017 ISDA/ Futures Industry Association ( FIA) Cleared...
Practice Note: key derivatives cases and analysis This Practice Note outlines significant authorities and related commentary of interest to derivatives practitioners, grouped by subject area. Topics covered include: Derivatives cases relating to capacity to enter into transactions Derivatives cases relating to classification of swaps Derivatives cases relating to wagering or gaming Derivatives cases relating to constructing ISDA master agreements Derivatives cases relating to payments and close-out amounts Derivatives cases relating to disputes on jurisdiction Derivatives cases relating to the mis-selling of derivatives or LIBOR manipulation Derivatives cases relating to tax issues Derivatives cases relating to regulatory issues Derivatives cases relating to capacity to enter into transactions Uni Credit Sp A v EUR Sp A ( CL-2021–000263), Commercial Court, King’s Bench Division of the High Court of Justice of England and Wales. Uni Credit brought...
STOP PRESS : On 29 April 2026, the Crime and Policing Act 2026 secured Royal Assent. This statute will make a range of amendments to the Online Safety Act 2023 ( OSA 2023), among them the creation of fresh digital offences. See: LNB News 30/04/2026 21. This Practice Note is impacted and is currently being revised. It provides hands-on guidance on OSA 2023’s enforcement regime, with illustrative examples of how Ofcom: assesses suspected contraventions of the Act uses its investigatory powers and, where justified, levies sanctions for non-compliance OSA 2023 establishes the UK framework for Ofcom’s oversight of online content. For broader commentary, see Practice Notes: The Online Safety Act 2023 and The Online Safety Act 2023—a quick guide. This Practice Note does not cover criminal liability arising from individual items of content (ie the communications offences in OSA 2023, Pt 10)—for that, see...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
What is advertising (ad) fraud? Advertising (ad) fraud encompasses deceptive or unlawful activity across the advertising ecosystem, spanning scams served through adverts to technical ruses that overstate ad performance. It also covers scams delivered via adverts and technical schemes devised to inflate metrics such as impressions or clicks. As the Internet Advertising Bureau ( IAB) frames it, this includes the intentional creation of bogus—often non-human—traffic to siphon money from the advertising marketplace. Although it appears in many guises, it is typically characterised by bot-driven interactions, deliberate misrepresentation, or circumstances where adverts have a slim likelihood of being viewed by genuine people. Robust UK-specific figures are scarce; nevertheless, multiple global datasets indicate losses in the billions and rising swiftly. The consequences are felt by consumers as well as organisations operating within the advertising ecosystem. UK regulators have intensified their focus on ad fraud, with fresh...
Framework This Practice Note offers practical guidance on the UK competition law landscape for major online platforms, drawing principally on Part 1 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). DMCCA 2024 secured Royal Assent on 24 May 2024, and the digital markets provisions discussed in this Practice Note, set out in DMCCA 2024, Pt 1, entered into force on 1 January 2025 by means of the Digital Markets, Competition and Consumers Act 2024 ( Commencement No 1 and Savings and Transitional Provisions) Regulations 2024, SI 2024/1226 (see: LNB News 28/11/2024 7). DMCCA 2024 introduced: a digital competition regime for digital markets in the UK ( Digital Competition Regime) reforms to the UK competition regime via amendments to the Competition Act 1998 ( CA 1998) and the Enterprise Act 2002 ( En A 2002) enhanced consumer...
This Practice Note discusses the key legal and commercial issues relevant to in-app purchases and consumer protection. It explores the context and key terms, outlines the present consumer protection regime covering in-app purchases, and also considers forthcoming changes, relevant non-binding industry guidance, and practical best practice suggestions for developers. Mobile applications now permeate daily life, mirroring the widespread adoption of smartphones, tablets and other portable computing devices. As usage has expanded, developers have increasingly sought to generate income from substantial user communities. Paying for content or functionality within apps—rather than, or alongside, paying for the app itself—has become the norm. However, developers have been criticised for not ensuring that in-app purchasing is sufficiently transparent or easy for consumers to understand and control. This Practice Note: Reviews the background and terminology from a UK consumer law perspective Sets out the current UK consumer...
The opening part of this Practice Note identifies criminal offences linked to content posted on social media platforms, such as: trolling cyberbullying virtual mobbing cyberstalking flaming creating fake social media accounts It further covers communications offences, CPS Guidance, substantive offences that may involve social media, and certain offences under the Online Safety Act 2023 ( OSA 2023). The second part addresses civil causes of action that might arise, including: defamation misuse of private information civil harassment data protection infringement of intellectual property ( IP) rights consumer protection and advertising regulations disinformation practical ways to bring an action the ‘right to be forgotten’ and to ‘erasure’ Brexit This Practice Note concentrates on UK social media offences and claims, while indicating where the European position is relevant for UK-based...
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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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