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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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An agent is an individual who carries out services for, or in the name of, a commercial organisation. Using agents principally creates exposure under section 7 of the Bribery Act 2010 ( BA 2010) for a company’s failure to prevent bribery. Commercial organisations are: bodies incorporated under the law of any part of the UK that conduct business anywhere any other corporate bodies that run a business, or part of a business, in any part of the UK partnerships established in the UK that operate a business anywhere, or partnerships formed anywhere that conduct a business, or part of it, in the UK Business covers a trade or a profession. How an agent may put a commercial organisation at risk An agent is a person who provides services for, or represents, a commercial organisation. Agents are therefore treated as...
This Practice Note explains the procedure to be followed when a breach of a deferred prosecution agreement ( DPA) is suspected and the consequences of proving a breach for the organisation and the prosecutor. This Practice Note outlines the steps to take when a suspected breach of a deferred prosecution agreement ( DPA) arises, and the implications of establishing a breach for both the organisation and the prosecuting authority. The statutory framework governing situations where a prosecutor considers an organisation may have breached a DPA is found in paragraph 9 of Schedule 17, Part 1 to the Crime and Courts Act 2013 ( CCA 2013). Under CCA 2013, Sch 17 Pt 1, para 9(1), if the prosecutor believes the organisation has not adhered to the terms of the DPA, they may apply to the Crown Court for a...
What is a boiler room fraud? Boiler rooms describe intense, high-pressure sales set-ups. The concept is that the selling floor mimics the heat of a boiler room, with callers using aggressive techniques to stir, coax and pressurise people into handing over funds for supposed investments. The labels ‘boiler room fraud’ or ‘boiler room scam’ refer to a specific form of deception carried out through such operations. Put simply, it is a fraud conducted via distance selling, telemarketing or telesales, where targets are pushed into purchasing products or investments on a false basis. They incite and cajole investors, exploiting remote selling to separate them from their money under false pretences. In many cases, the consideration given exceeds any value received. What is bought is commonly worthless, or worth far less than the price paid. Those working inside the boiler room frequently rely on...
ARCHIVED: This Practice Note is archived and is no longer being maintained or updated. Financial Services Enforcement Database: It contains comprehensive details of all substantive FCA and PRA Final Notices and, where obtainable, Decision Notices from 2014 onwards. The Database, available here, can be searched and filtered by rule breach, keyword (including ‘ LIBOR’), sector, date, seriousness, aggravating and mitigating factors, financial penalty, and by other actions such as referrals to the Upper Tribunal. Before LIBOR reform, significant and widespread worries about how financial market benchmarks were administered and manipulated prompted investigations by regulators across the globe, culminating in enforcement and criminal proceedings. Partly as a consequence of these actions, changes were made to the way in which these benchmarks are run and administered. Areas targeted by enforcement included foreign exchange, gold fixing and gilts, among others, although most regulatory action and media focus centred on the...
The offence of banned practices As at 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) repealed and supplanted the consumer protection framework set by the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. This Practice Note addresses offences arising from engaging in commercial practices that are invariably deemed banned under DMCCA 2024. The statutory approach to this offence within DMCCA 2024 broadly reflects that found in CPUTR 2008, SI 2008/1277. For deeper analysis of unfair commercial practices under DMCCA 2024, see News Analysis: The new law relating to unfair commercial practices. Be aware that CPUTR 2008, SI 2008/1277 continues to govern conduct occurring before DMCCA 2024 commenced. For details of prohibited practices under the prior regime, see Practice Note: Banned practices under the Consumer Protection from Unfair Trading Regulations 2008 [...
Corporate fraud Corporate fraud describes any dishonest activity carried out against a business. Such criminality affecting companies can be both general scams that strike any organisation, and sector-specific schemes targeting particular industries. The consequences of business fraud can be stark, especially for small or medium-sized enterprises, where the losses can be ruinous. It is vital to recognise the threats and their origins so you can take steps to counter them. Report Fraud serves as the UK’s national hub for reporting fraud and internet-enabled crime. It operates as the central point of contact for guidance and information on fraud and financially driven online offending. Its website features an A– Z catalogue of cybercrime-related fraud types. Separately, the Metropolitan Police provides practical advice on common forms of business fraud and actions you can take to protect yourself, your staff and your...
Assisting or encouraging suicide since 1st February 2010 Section 1 of the Suicide Act 1961 ( SA 1961) repealed the crime of suicide. Nonetheless, inciting or aiding another person’s suicide remains an offence under the law. Amendments to SA 1961, introduced by section 59 and Schedule 2 of the Coroners and Justice Act 2009, took effect on 1 February 2010 and apply solely to conduct occurring on or after that date. Although the wording of SA 1961, s 2 was substantially revised, the scope of the law is entirely unchanged and wholly intact......
ARCHIVED : This Practice Note is archived and no longer updated. It explains the requirement to obtain permission to appeal to the UK Supreme Court ( UKSC) and outlines the procedure, whether the challenge comes direct from the High Court (via a leap-frog) or from the Civil Division of the Court of Appeal. It reviews the deadlines for lodging the application (including how to request extra time) and the way in which the request will be decided, including where a Community law point is raised. It is not kept up to date and is supplied for background only. This Practice Note concerns appeals to the Supreme Court. It should be read alongside Practice Notes: Supreme Court—starting and managing the appeal—appeals pre-2 December 2024 and Supreme Court—completing an application for permission or notice of appeal and how to...
ARCHIVED: This Practice Note is archived and is no longer maintained. The Investigatory Powers Act 2016 ( IPA 2016) forms the principal statutory scheme regulating the use of covert surveillance undertaken by public bodies. Rules on obtaining and disclosing communications data sit in IPA 2016, Parts 2 and 3, which replaced the RIPA 2000 provisions on interception and communications data acquisition. For guidance on acquiring and using communications data under IPA 2016, refer to the Practice Notes ' Acquisition, retention and disclosure of communications data under the Investigatory Powers Act 2016' and ' Interception of communications under the Investigatory Powers Act 2016'. For an overview of the scope of IPA 2016 more generally, see the Practice Note ' The regulation of intelligence gathering—an introductory guide'. Communications data The Regulation of Investigatory Powers Act 2000 ( RIPA 2000) established a detailed scheme for...
ARCHIVED: This archived Practice Note is no longer being updated. The Money Laundering Regulations 2007, SI 2007/2157 ( MLR 2007, SI 2007/2157) have been revoked and superseded by the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLR 2017, SI 2017/692). From 26 June 2017, offences under MLR 2007, SI 2007/2157 can no longer arise; however, conduct occurring on or before 25 June 2017 may still be investigated and prosecuted under MLR 2007, SI 2007/2157. Accordingly, this Practice Note is retained to aid practitioners advising on investigations and prosecutions for offences under MLR 2007, SI 2007/2157. For details on offences and investigations under MLR 2017, SI 2017/692, see Practice Note: Offences under the Money Laundering Regulations 2017 ( MLR 2017). Overview of the Money laundering regulations The Money Laundering Regulations 2007, SI 2007/2157 ( MLR 2007) took effect on 15...
Archived: This Practice Note is archived and no longer updated. It distilled the temporary revisions made to the Criminal Procedure Rules ( Crim PR), SI 2020/759, by the Criminal Procedure ( Amendment No 2) ( Coronavirus) Rules 2020, SI 2020/417, which allowed the criminal courts in England and Wales to keep functioning during the coronavirus ( COVID-19) outbreak. Those interim measures lapsed as pandemic restrictions were lifted, and were wholly revoked on 28 June 2022 under section 201 of the Police, Crime, Sentencing and Courts Act 2022 ( PSCSA 2022). PSCSA 2022 also introduced permanent changes concerning the use of live audio links and live video links in eligible criminal proceedings in England and Wales. For more detail, see Practice Note: Remote hearings in the criminal courts. As part of the government’s response to the coronavirus ( COVID-19) pandemic, the...
ARCHIVED: This Practice Note has been archived and is no longer being maintained at present. For guidance on the scrutiny of intelligence gathering, see Practice Note: Scrutiny of intelligence gathering and the role of commissioners under the Investigatory Powers Act 2016. The Investigatory Powers Act 2016 ( IPA 2016) obtained Royal Assent on 29 November 2016 and reshaped the legal framework regulating the use of covert surveillance by public bodies, a framework that remains largely—though not solely—contained in the Regulation of Investigatory Powers Act 2000 ( RIPA 2000). For a comprehensive background to the introduction of IPA 2016, together with a summary of its core provisions, refer to Practice Note: The regulation of intelligence gathering—an introductory guide. The IPA 2016, Pt 8 provisions dealing with the scrutiny of interception are in effect and apply at the present time. IPA 2016 also...
ARCHIVED: This archived Practice Note outlines background on the reforms to criminal procedure that took effect on 24 February and 7 April 2014 under the Criminal Procedure Rules 2013, SI 2013/1554, and the Criminal Procedure ( Amendment No) Rules 2013, SI 2013/3183. Those instruments have since been revoked. The current criminal procedure framework is contained in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 7 April 2014, is not maintained, and is provided for background purposes only. What are the changes which have already been made in 2014? From 24 February 2014, provisions establishing the framework for deferred prosecution agreements ( DPAs) came into force. These measures inserted a new Part 12 into the Criminal Procedure Rules 2013 to set out the procedure for this...
ARCHIVED : This Practice Note has been archived and is not maintained. Note that, from 6 April 2025, the framework for protection against unfair trading under the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277, has been revoked and replaced by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). CPUTR 2008 will continue to apply to conduct that occurred before 6 April 2025. For information on the position under DMCCA 2024, see Practice Note: Unfair commercial practices offences under DMCCA 2024......
ARCHIVED This archived Practice Note is retained for historical interest and to assist practitioners handling cases in which the earlier provisions still apply and continue to have effect. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 ( LASPO 2012) introduced substantial alterations to the scheme governing the making of a defendants’ costs order ( DCO) under the Prosecution of Offences Act 1985 ( POA 1985), applying to all proceedings on or after 1st October 2012. See Practice Note: Recovering acquitted defendants’ costs in criminal proceedings. For proceedings started before 1st October 2012, the approach to awarding costs remains that contained in the POA 1985 as it stood before amendment by LASPO 2012. The relevant provisions are set out and explained below. Under the Prosecution of Offences Act 1985, Part II ( POA 1985), acquitted defendants who have funded their litigation privately may recover their costs from...
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the legal framework, guidance and practice concerning the protection of consumers against unfair trading. It examines the principal elements of the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 ( CPUTR 2008)—notably unfair commercial practices such as misleading acts, deceptive omissions, aggressive conduct and prohibited practices—and reflects on the amendments that the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) is set to introduce. It also touches on the criminal offences under CPUTR 2008, mechanisms for enforcement, and consumers’ private rights to redress. As to the DMCCA 2024, in July 2021 BEIS—now the Department for Business and Trade—opened consultation on reforms to competition policy, consumer rights and the enforcement of consumer law......
ARCHIVED: This archived Practice Note monitored the passage of bills through Parliament during the parliamentary session spanning 14 October to 6 November 2019, which was dissolved ahead of the general election in December 2019. On dissolution, all Parliamentary Bills that had not obtained Royal Assent lapsed and could not be carried over into the subsequent Parliament. Practitioners in corporate crime should therefore note that every Bill included in this tracker fell on 6 November 2019. The Practice Note recorded the progress of government bills concerning corporate crime that were introduced in either the House of Commons or the House of Lords in the UK Parliament during this short parliamentary session, within that same limited period of legislative activity......
ARCHIVED: This Practice Note has been archived and is not maintained. It summarises notable convictions under the pre‑ Bribery Act 2010 ( BA 2010) corruption regime, offering brief case details. For the scope and territorial reach of pre‑ BA 2010 corruption offences, plus updates on ongoing investigations and practical insight into how prosecutions progress, see Practice Notes: Corruption and common law bribery—pre‑ Bribery Act 2010 [ Archived] Pre BA 2010 bribery and corruption— Practicalities [ Archived] For the current regime under BA 2010, see Practice Notes: The Bribery Act 2010—an introductory guide Failure to prevent bribery—the offence Active bribery, passive bribery and bribing foreign public officials Bribery Act 2010—sentence tracker Corruption sentence tracker This tracker outlines noteworthy convictions secured under the pre‑ BA 2010 corruption framework. Case: R v GPT Special Project Management (not reported by Lexis Nexis®) ...
ARCHIVED This Practice Note is archived and not kept up to date. From 6 April 2025, the Consumer Protection from Unfair Trading Regulations 2008, SI 2008//1277 were repealed and superseded by the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024). Nonetheless, CPUTR 2008, SI 2008/1277 continues to govern behaviour that took place before 6 April 2025. For details of prohibited practices under DMCCA 2024, refer to Practice Note: Banned practices under the Digital Markets, Competition and Consumers Act 2024. This Practice Note addresses the offences of carrying out commercial practices that are banned under the Consumer Protection from Unfair Trading Regulations 2008 ( CPUTR 2008), SI 2008/1277. Schedule 1 to CPUTR 2008, SI 2008/1277 sets out 31 commercial practices that are forbidden and deemed unfair without assessment. The key distinction between banned practices and other unfair commercial practices under CPUTR 2008, SI...
ARCHIVED: This archived Practice Note provides information about the Data Protection and Digital Information Bill introduced to Parliament in March 2023. This bill did not obtain Royal Assent before Parliament was dissolved on 30 May 2024 and consequently dropped from the legislative agenda—see LNB News 29/05/2024 66 and News Analysis: General election announced for 4 July 2024. This Practice Note is supplied for context only and is not updated. For broader developments on data protection reform, see Practice Notes: The Data Protection Act 2018—timeline and UK e Privacy law reform—tracker. This Practice Note outlines principal elements of the Data Protection and Digital Information Bill as published on 6 December 2023 (the Bill), which would have amended: United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) Data Protection Act 2018 ( DPA 2018) Privacy and...
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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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