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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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One of the principal aims of the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 (the EU GDPR), is to bring about consistent implementation and enforcement of data protection across the EU and EEA in practice. Under the EU GDPR, every Member State may designate one or more independent public bodies to oversee application of the EU GDPR, ie a ‘supervisory authority’, as appropriate. This Practice Note: sets out the European Data Protection Board ( EDPB) outlines the European Data Protection Supervisor ( EDPS) compiles a consolidated list of supervisory authorities in the EU and EEA For guidance on sanctions and enforcement under the EU GDPR, see Practice Note: EU GDPR—sanctions and enforcement. The EDPB The EDPB sits at the heart of the EU GDPR framework and its guidance and opinions carry considerable weight. It is made up of the head of each EU national...
This Practice Note explains the available pathways to secure patent protection in the UK, before concentrating on applying for a UK ( GB) national patent at the UK Intellectual Property Office ( IPO). It covers the prosecution lifecycle—filing, preliminary examination and search, publication, substantive examination, and grant—and also touches on classification, patent families, priority filings, divisional applications, and options for accelerating prosecution. The three routes to patent protection in the UK national patent application European patent application international patent application These filing routes may culminate in two forms of UK patent protection: UK national patents ( UK patents) UK designations of European patents ( EP( UK) patents) UK national patent applications are examined and granted by the IPO under the provisions of the UK Patents Act 1977 ( PA 1977) and the Patents Rules 2007, SI 2007/3291. UK patents are often called GB...
ARCHIVED : This Practice Note has been archived and is not maintained. These Q& As address many of the most common queries on consultations relating to the EU Sustainable Finance Disclosure Regulation ( SFDR), covering proposed adjustments to the delegated regulations and the SFDR review ( SFDR II). There are a number of ongoing consultations on SFDR—are material changes expected? In 2023, numerous consultations on Regulation ( EU) 2019/2088 ( EU SFDR) took place, including an assessment of the SFDR Delegated Regulation (which contains the regulatory technical standards) ( Commission Delegated Regulation ( EU) 2022/1288, as amended) concentrating on revisions to the principal adverse impacts ( PAI) regime and specific financial product disclosures, alongside a targeted and public consultation seeking feedback on amendments to the EU SFDR itself ( EU SFDR II). Possible outcomes may feature updated templates, stricter obligations for data collection and diligence on...
FORTHCOMING CHANGE: The Crime and Policing Act 2026 secured Royal Assent on 29 April 2026 and displaces the current ‘senior manager’ attribution model for specified economic offences set out in the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), removing sections 196 to 198 and Schedule 12. Section 250 of the Crime and Policing Act 2026 widens corporate and partnership criminal exposure so that, where a senior manager acts within the real or ostensible scope of their authority, liability can arise for the commission of any offence, not just those enumerated in ECCTA 2023. This provision takes effect on 29 June 2026. We will review and update this material, as needed, once the provision is in operation. This Practice Note highlights core provisions of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) that may carry compliance consequences for law firms. It...
STOP PRESS On 17 June 2025, the European Commission released its long‑awaited review of the EU Securitisation Framework, together with a comprehensive legislative proposal to revise the following: EU Securitisation Regulation ( Regulation ( EU) 2017/2402) EU Capital Requirements Regulation ( Regulation ( EU) No 575/2013) EU Solvency II Delegated Regulation ( Commission Delegated Regulation ( EU) 2015/35) EU Liquidity Coverage Requirement Delegated Regulation ( Commission Delegated Regulation ( EU) 2015/61) Changes to the EU Securitisation Regulation span risk retention, investor due diligence, transparency, STS on‑balance sheet securitisations, and the definitions of public and private securitisation. Amendments to the Capital Requirements Regulation cover, among other matters, more risk‑sensitive capital requirements, resilient securitisation positions, and significant risk transfer tests. Additional consultation and further amendments are expected as the EU legislative process progresses. EU securitisation...
Class actions— Greece— Q& A guide This Practice Note offers a jurisdiction-specific Q& A overview of class actions in Greece, featured in the Lexology Getting the Deal Through series by Law Business Research ( Law stated at: 3 April 2023). Authors: Moussas and Partners Law Firm— Nicholas Moussas Maria Malikouti Charalampos Kondis Christina Petra Grigoriadou Evelina Leontiou 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Collective actions are primarily governed by the Greek Consumer Protection Law ( Law 2251/1994). The framework has recently been amended by Law 5019/2023, which transposes Directive ( EU) 2020/1828 on representative actions for safeguarding consumers’ collective interests and repeals Directive 2009/22/ EC. The new statute introduces provisions on collective proceedings, rebranding them as...
Class actions— Spain— Q& A guide This Practice Note is a jurisdiction-specific Q& A on Spanish class actions, produced for the Lexology Getting the Deal Through series by Law Business Research (law stated as at 21 July 2023). Authors: Cuatrecasas— Esther De Félix; María Pérez Carrillo; Adrián Yuste. 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? The Spanish court structure does not allocate a dedicated jurisdiction for class actions. Such cases are heard either by first instance civil courts or by commercial courts, according to the nature of the claim. First instance civil courts: hear class actions founded on general contract law. They are also competent to hear ‘class actions provided in the legislation on general contracting conditions and the protection of consumers and users’, following a very recent...
This tracker covers the development of the EU- US Data Privacy Framework ( DPF) following the invalidation of the Safe Harbour and Privacy Shield frameworks The DPF enables cross-border movements of personal information to the United States on the basis of an adequacy finding set out in Commission Implementing Decision ( EU) 2023/1795 of 10 July 2023, adopted pursuant to Regulation ( EU) 2016/679 of the European Parliament and of the Council concerning the adequate level of protection of personal data under the EU- US Data Privacy Framework, in situations where such flows would otherwise be barred by the EU General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR). A short explanation of adequacy appears below; nevertheless, this tracker should be considered alongside Practice Note: EU GDPR—transfers of personal data internationally and to international organisations for added detail. In summary, Article 44 EU GDPR...
This Practice Note monitors developments and progress in EU trade mark case law, legislative initiatives, and ongoing EU consultations, guidance and reports relating to trade marks. For further details on UK trade mark judgments, legislative proposals and live UK consultations, guidance and reports on trade marks, see Practice Note: Trade marks tracker— UK. For archived EU trade mark material, see Practice Notes: 2023–2024 [ Archived] and Trade marks tracker 2017–2022 [ Archived], respectively. Legislation, consultations, guidance and reports For archived trade mark legislation and associated materials, see Practice Note: 2023–2024 [ Archived]— Legislation, consultations, guidance and reports. For content predating 2023, see Practice Note: Trade marks tracker 2017–2022 [ Archived]. What's happening? When? Find out more Regulation ( EU) 2023/2411 concerning the protection of geographical indications ( GIs) for craft and industrial products, and amending Regulations ( EU) 2017/1001 and ( EU)...
These drafting notes are intended to help complete claim form N5B Wales when a private landlord of a residential dwelling in Wales has issued notice to end a standard occupation contract and plans to seek possession through the accelerated possession route. For wider guidance on occupation contracts under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), consult the following Practice Notes: Renting Homes ( Wales) Act 2016—terminating standard occupation contracts and recovering possession Renting Homes ( Wales) Act 2016—a summary of the key provisions How to use these drafting notes Form N5B Wales should be used to bring a possession claim for a residential property in Wales let on a standard occupation contract using the accelerated possession procedure. These drafting notes apply solely to completing Form N5B Wales. For information on the standard possession procedure for a Welsh...
A trade mark is a badge of origin that distinguishes the goods or services of one undertaking from those of another An EU trade mark ( EUTM) delivers unitary protection via one registration that spans every EU Member State. You obtain an EUTM by filing a single trade mark application at the EU Intellectual Property Office ( EUIPO) in Alicante, Spain. For fuller detail on EUTMs, see Practice Note: EU trade marks ( EUTMs), and for the legislation that underpins the regime, see Practice Note: EU trade marks—legislation. Registration alone does not secure everlasting rights. The owner must preserve the registration by renewing on time, keeping the mark in genuine use, preventing it from becoming generic, and enforcing it against infringing use by third parties. Once registered, a trade mark is valid for an initial term—ten years for EUTMs—and, in principle, can be renewed without limit. A mark can also be...
EU trade marks ( EUTMs) An EU trade mark ( EUTM) is a single, indivisible registration that extends protection across all EU Member States throughout the Union. You secure an EUTM by filing one trade mark application via a centralised filing process with the EU Intellectual Property Office ( EUIPO). For further details and guidance, see Practice Note: EU trade marks ( EUTMs). The legal framework for EUTMs stems from Directive ( EU) 2015/2436 and earlier instruments and its predecessors. Its measures are given effect by Regulation ( EU) 2017/1001 (the EU Trade Mark Regulation), which consolidated the amendments to Regulation ( EC) 207/2009 introduced by Regulation ( EU) 2015/2424 (the Amending Regulation). The Amending Regulation mirrored the changes set out by Directive ( EU) 2015/2436. It took full effect on 1 October 2017, and the tables below present the law as it has...
This Practice Note examines in detail trade mark infringement within EU law. It primarily centres on the EU trade mark ( EUTM) system set out in Regulation ( EU) 2017/1001, as well as also outlining the harmonised trade mark law framework under Directive ( EU) 2015/2436. It reviews the categories of infringement, identifies who is entitled to sue, interprets the statutory wording and highlights pertinent case law. It does so in depth and in context across the EU and within the EUTM system. Rights conferred by a trade mark registration Registering a trade mark grants its proprietor the exclusive power to stop others using the sign without consent. The purpose of this protection is to ensure the registered mark functions as a ‘guarantee of origin’ for the goods and services covered. When a consumer purchases a can of Coca- Cola, they are entitled to expect the...
ARCHIVED This Practice Note is archived and is not being maintained. It outlines the historical context of the EU unitary patent ( UP) and the Unified Patent Court ( UPC), together with key points on how the patent and the court were intended to operate. For fuller detail on the UPC’s structure, jurisdiction and competence, and a review of first‑instance and Court of Appeal procedure explaining the UPC Rules of Procedure, see Practice Note: Unified Patent Court—procedure. The UPC commenced operations on 1 June 2023, following a three‑month sunrise phase that began on 1 April 2023. This came after several setbacks, including the UK’s exit from the EU with its subsequent withdrawal from the system, and the German Federal Constitutional Court’s decision to uphold a complaint against the Unified Patent Court Agreement ( UPCA). Historical background and concepts As early as the 1950s, the six founding states of what became the EU...
What is an EU trade mark and why register one? An EU trade mark ( EUTM) grants a single, unitary right spanning every EU Member State across the Union as a whole. You secure an EUTM through one centralised application filed directly with the EU Intellectual Property Office ( EUIPO) in Alicante, Spain. Compared with pursuing national filings in more than three countries, an EUTM is generally the more economical route overall. For details on costs, see: EUIPO Fees therein. An EUTM may serve as the foundation for an international registration, and an international registration may likewise underpin an EUTM application. For further guidance, see Practice Note: Madrid international trade mark system. EUTMs are officially granted for ten years from the filing date and can be renewed without limit thereafter in successive ten-year terms. An EUTM also facilitates an EU-wide...
This Practice Note sets out guidance on the rules that govern mobile phone roaming in the EU. In particular, it examines the ‘roam like at home’ implementing regulation, under which roaming charges were abolished across the EU with effect from 15 June 2017. This Practice Note also considers the following legislation relevant to roaming: Archived Regulation ( EU) 717/2007 ( Roaming I) Archived Regulation ( EU) 544/2009 ( Roaming II) Archived Regulation ( EU) 531/2012 ( Roaming III) Regulation ( EU) 2015/2120 ( Roaming IV) Regulation ( EU) 2022/612 ( Roaming V) Roaming Roaming refers to a mobile network subscriber’s ability to travel to another country outside the coverage of their home network and still make and receive calls, send and receive data, use the internet, and access other communication services while there. This is enabled by...
This Practice Note explores Directive 2002/58/ EC (the e Privacy Directive) This Practice Note examines Directive 2002/58/ EC (the e Privacy Directive), which sets rules on the confidentiality of communications and the processing of personal data within the electronic communications sector. It forms part of a series of Practice Notes addressing key features of the EU regulatory framework for electronic communications. Across the EU, the supply of electronic communications networks and services in each Member State is subject to a common regulatory scheme, which previously consisted of five directives, including the e Privacy Directive. See Practice Note: EU regulatory framework for electronic communications [ Archived]. The framework’s original purpose was to deliver a harmonised regime for regulating the electronic communications sector. In December 2018, the framework was revised through Directive ( EU) 2018/1972 establishing the European Electronic...
The Building Act 1984 ( BA 1984) BA 1984 authorises the Secretary of State or Welsh Ministers to create building regulations for multiple aims, among them safeguarding the health and safety of people in or around buildings. It creates criminal liability for contraventions of those regulations. It further allows practical guidance on the requirements of the building regulations to be set out in Approved Documents. The Building Regulations 2010, SI 2010/2214 ( Building Regulations), are issued under BA 1984 as its enabling statute......
Role and remit Role and remit is an international, not‑for‑profit association headquartered in Belgium. Created in 1972 by the French Franchise Federation, the Italian Franchise Association, the Belgian Franchise Federation and the Netherlands Franchise Association, it exists to champion, safeguard and represent the franchise sector operating across Europe. The EFF is formed of single accredited national franchise associations from countries that satisfy the EFF’s Statutes, as set out in Article 7, Conditions of Admissions. Membership is restricted to one association in each country. The EFF presently counts 20 members. Its objectives are to foster the development of ethical franchising in Europe and to defend the sector by advancing an evolving European Code of Ethics ( Code) for franchising. The EFF likewise backs the principle that each European nation should have one credible, representative franchise association, which will uphold ethical franchising by requiring its members to...
This Practice Note This Practice Note outlines the statutory fire safety framework that owners or occupiers of property are required to follow. It chiefly addresses obligations arising under: the Regulatory Reform ( Fire Safety) Order 2005, SI 2005/1541 ( RRO 2005)—the principal legislation for general fire safety in non-domestic premises in England and Wales the Fire Safety Act 2021—clarifying how RRO 2005, SI 2005/1541 applies to buildings containing two or more sets of domestic premises the Fire Safety ( England) Regulations 2022, SI 2022/547 ( FSR 2022)—regulations made under RRO 2005, SI 2005/1541 that impose specific duties under RRO 2005, SI 2005/1541 on certain residential buildings in England section 156 of the Building Safety Act 2022 ( BSA 2022)—introducing new duties under RRO 2005, SI 2005/1541 for buildings with two or more sets of domestic premises the Fire Safety (...
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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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