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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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ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR) made by the Criminal Procedure ( Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure ( Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime,...
ARCHIVED: This Practice Note is archived and no longer updated. It outlines key alterations to the Criminal Procedure Rules 2020, SI 2020/759 ( Crim PR), introduced by the Criminal Procedure ( Amendment No 2) Rules 2023, SI 2023/786, which commenced on 2 October 2023. The changes bring in new rules replacing earlier Practice Directions, and further provisions concerning the long‑standing requirement to state a defendant’s address publicly in court, the tests for granting an adjournment, audio recording in the Crown Court on applications for search warrants or investigation orders, and fixing a timetable for any video‑recorded witness cross‑examination and re‑examination. Additional revisions update the rules on displaying information in court buildings about forthcoming cases, the single justice procedure, access to information from court records, and the citation of commonly referenced authorities in the Court of Appeal. Further...
This Practice Note outlines the criminal offences a local highway authority may rely on when prosecuting matters relating to highway obstructions. It does not consider civil powers, which are dealt with in Practice Note: Local authority powers to manage highway obstructions—civil remedies. What is an obstruction? There is no exhaustive list, nor a single statutory definition, of an obstruction. In Trevett v Lee, Lord Evershed broadly characterised it as something that, either temporarily or permanently, takes all or part of the highway out of public use. To that broad understanding, one can add the element of acting without lawful authority. A highway authority can, however, authorise or grant a licence for what would otherwise be an unlawful obstruction by issuing permits, for example: builders’ skips scaffolding temporary deposit of building materials See Practice Note: Highways...
This Practice Note outlines the practical issues that can follow receipt of a whistleblower report from the viewpoint of the corporate entity receiving it (including limited companies, partnerships and LLPs). For guidance aimed at those representing whistleblowers, see Practice Note: Representing whistleblowers in internal criminal investigations. Reports may cover a broad range of suspected wrongdoing, from breaches of internal policy and employment matters such as discrimination, to allegations of serious criminality. The focus here is the latter, though some principles have wider relevance... Whistleblowing policy Benefits of implementing a whistleblowing policy While whistleblowing legislation does not generally require companies to maintain a whistleblowing policy (with specific rules applying to listed companies and those in the financial services sector), creating and publicising clear, robust policies and procedures for dealing with whistleblowing is regarded as best practice and delivers several benefits: It signals a...
The Health and Safety Executive ( HSE) and local authorities, under the Health and Safety at Work etc Act 1974 ( HSWA 1974), are tasked with investigating breaches of workplace health and safety law and, in England and Wales, pursuing prosecutions where appropriate. In Scotland, prosecutions for safety offences are handled by the Crown Office Procurator Fiscal Service ( COPFS). Our resources from across Lexis+® UK provide insight and guidance on the principal health and safety duties placed on employers, the self-employed, employees and directors throughout the UK. These include content that explains: general health and safety duties......
This Practice Note sets out: This Practice Note explains the criminal offences that the Financial Conduct Authority ( FCA) is able to bring before the criminal courts. The FCA’s overarching policy on criminal prosecutions—together with its stated treatment of financial services offences arising from market abuse, and crimes under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017, SI 2017/692 ( MLRs) and the Consumer Credit Act 1974 ( CCA 1974)—is contained in its Enforcement Guide. For prosecutions stemming from investigations begun before 3 June 2025, Chapter 12 of the Enforcement Guide ( EG 12)— Prosecution of Criminal Offences—remains the point of reference. This Practice Note also outlines the FCA’s approach under the updated Enforcement Guide ( ENFG) that applies to FCA investigations commenced on or after 3 June 2025 through the statutory appointment of...
This Practice Note reviews Directive ( EU) 2019/1937 of the European Parliament and of the Council, dated 23 October 2019, on safeguarding persons who disclose breaches of Union law (the Whistleblowing Directive). It lays down rules and procedures to shield ‘whistleblowers’—people who, in a work-related setting, report information on violations of EU law in key policy fields—and, in defined circumstances, certain associated third parties. Member States had to transpose Directive ( EU) 2019/1937 into domestic law by 17 December 2021. Although implementation at national level began slowly, every Member State has now adopted at least one implementing measure. For further details, see: National implementation, below. The Directive is not part of retained EU law after IP completion day (31 December 2020) and therefore has no application in the UK. In October 2019, the UK government confirmed it would not take steps to transpose the...
Investigating criminal conduct The key Corporate Crime research resources below are signposted across the Corporate Crime practical guidance, offering valuable commentary, legislation, rules and practitioner guidance. The listed titles are accessible only with a subscription. Part D Procedure: Blackstone's Criminal Practice [ D1.1] Blackstone’s Criminal Practice brings together a distinguished team committed to delivering coverage tailored to criminal practice and definitive statements of the law in a clear, practical format. It is supported by a companion supplement containing essential primary materials and commentary updates throughout the year. Who should use this resource? All lawyers advising on criminal investigations in England and Wales. Police and Investigatory Powers: Halsbury’s Laws of England [1] Halsbury’s Laws of England provides the only comprehensive narrative exposition of the law of England and Wales, covering every proposition of English law. The work is arranged by title in alphabetical order, making it...
Introduction to FATF The FATF was founded in 1989 as an inter-governmental body that advances effective implementation of measures to combat money laundering and terrorist financing, as well as other threats to the integrity of the international financial system. Its membership, comprising jurisdictions and regional organisations, represents most major financial centres worldwide. It also includes many associate members and observer organisations. Its stated objective is to: ‘protect financial systems and the broader economy from threats of money laundering and the financing of terrorism and proliferation, thereby strengthening financial sector integrity and contributing to safety and security’. It delivers this by examining and developing measures to detect and prevent money laundering ( AML), combat terrorist financing ( CTF), and counter the financing of proliferation ( CFP) of weapons of mass destruction ( WMD). Other areas of focus for FATF include corruption, environmental crime, asset recovery,...
A range of statutory obligations regulate the acquisition, retention, examination and dissemination of private material by public authorities for intelligence purposes. These frameworks comprise: Investigatory Powers Act 2016 ( IPA 2016) Regulation of Investigatory Powers Act 2000 ( RIPA 2000) Human Rights Act 1998 ( HRA 1998) Intelligence Services Act 1994 ( ISA 1994) Security Service Act 1989 ( SSA 1989) Computer Misuse Act 1990 ( CMA 1990) Wireless Telegraphy Act 2006 ( WTA 2006) Investigatory Powers ( Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018, SI 2018/356 The IPA 2016 is further supported by statutory codes of practice: Interception of communications: code of practice Equipment interference: code of practice Communications data: code of practice Bulk acquisition of communications data: code of practice Bulk personal...
This Practice Note outlines how appeals operate in Scotland for solemn criminal matters. For guidance on appeal processes in Scotland for summary crime, consult Practice Note: Scottish criminal appeals: summary procedure. For Scottish solemn criminal procedure, see Practice Note: Solemn procedure in Scottish criminal proceedings. More generally, refer to Practice Note: The investigation and prosecution of criminal offences in Scotland. Update effective 1 December 2025: modernisation of criminal court procedure A number of enduring reforms were enacted by the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews ( Scotland) Act 2025. These changes supersede earlier temporary measures introduced during the COVID‑19 pandemic. Practitioners should read every procedural reference in this Practice Note having regard to these statutory amendments. Electronic signatures and document transmission Pursuant to CP( S) A 1995, ss 303C–303F, documents within criminal proceedings may bear electronic signatures and be sent...
This Practice Note sets out how to challenge designations made under the UK’s domestic sanctions regime created by the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018). Introduced to secure a robust post- EU sanctions framework, SAMLA 2018 enables the UK to apply financial, immigration, trade, aircraft, shipping and other sanctions necessary to meet United Nations ( UN) sanctions obligations. UK sanctions established under SAMLA 2018 that replaced EU or UN measures came fully into effect at the end of the implementation period ( IP completion day). For further guidance, see Practice Note: Development of sanctions regime in the UK post Brexit—timeline. For information on the UK domestic regime under SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. The impact of a sanctions...
ARCHIVED: This Practice Note is archived and no longer maintained This Practice Note outlines the continuing effects in Scotland of the Coronavirus ( COVID–19) pandemic across the following practice areas: Corporate Crime Dispute Resolution Private client Property Restructuring & Insolvency Key legislation applicable in Scotland The Coronavirus ( Scotland) Act 2020 and the Coronavirus ( Scotland) ( No 2) Act 2020 (together, the Scottish Coronavirus Acts) introduced time‑limited provisions to manage the pandemic. The Coronavirus ( Extension and Expiry) ( Scotland) Act 2021 brought to an end provisions no longer needed and prolonged those still required until the end of March 2022. The Coronavirus ( Scotland) Acts ( Amendment of Expiry Dates) Regulations 2022, SSI 2022/113, then revised the Scottish Coronavirus Acts so that Part 1 of each Act expired at the close of 30 September 2022. In parallel, the UK...
ARCHIVED: This archived Practice Note outlines the principal changes introduced to the Criminal Procedure Rules 2015, SI 2015/1490, by the Criminal Procedure ( Amendment) Rules 2020, SI 2020/32, which took effect on 6 April 2020. That version has now been repealed and superseded by the Criminal Procedure Rules 2020 ( Crim PR), SI 2020/759. See Practice Note: The Criminal Procedure Rules. Authorised court staff take on specified judicial functions Part 2 of the Crim PR (as amended) permits authorised court staff to carry out specified judicial functions in the Court of Appeal Criminal Division ( CACD), Crown Courts, the magistrates’ court (including extradition matters before a District Judge in the magistrates’ court), and the High Court (for extradition appeal proceedings). These provisions correspond to the Courts Act 2003 ( CA 2003) and the changes made by the Courts and Tribunals ( Judiciary and Functions of Staff) Act 2018,...
ARCHIVED: This Practice Note is archived and no longer updated. It is preserved for historical reference and to give practitioners a concise snapshot of developments in extradition case law across 2020. The tracker summarises extradition appeal judgments handed down during the United Kingdom’s Brexit implementation phase, spanning 31 January 2020 to 31 December 2020 ( IP completion). Throughout that period, the UK continued to be treated as a Member State for extradition arrangements with the remaining 27 EU Member States ( EU27), and, accordingly, appeals concerning those countries proceeded under Part 1 of the Extradition Act 2003 ( EA 2003). Section 6 of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), as amended, stipulates that retained EU law which has not been altered on or after IP completion day—and any issues as to its validity, meaning or effect—is to be...
Environment Act 2021 Key date Royal Assent: 9 November 2021 Subject Environmental principles, governance, regulation, air pollution, waste and plastics, biodiversity, water and resource planning Context The Environment Act 2021 ( EA 2021) obtained Royal Assent on 9 November 2021. A number of substantive measures started on 9 January 2022, with further provisions commencing, and continuing to commence, via secondary legislation made by the Secretary of State, the Welsh Ministers, the Scottish Ministers or, where relevant, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland: The Environment Act 2021 ( Commencement No 1) Regulations 2021, SI 2021/1274, initiated specified provisions of EA 2021, Part 1, from 17 November 2021 The Environment Act 2021 ( Commencement No 2 and Saving Provision) Regulations 2022, SI 2022/48, activated further provisions under EA 2021, Parts 1 and 3–7, with effect from 24 January 2022, 1 April 2022, 1 May 2022 and 30...
Introduction to overseas production orders The Crime ( Overseas Production Orders) Act 2019 ( C( OPO) A 2019) introduces overseas production orders ( OPOs), empowering UK investigators to require the disclosure of electronic data held outside the UK. OPOs offer a route to secure electronic material that avoids the frequently time-consuming Mutual Legal Assistance ( MLA) process. See Practice Note: Mutual legal assistance ( MLA). OPOs continue to operate after Brexit because their use rests on international agreements and does not depend on EU membership. An OPO may only be made where an international co-operation arrangement (or treaty) between the UK and the country in which the subject is located permits it, see: Designated co-operation agreements under C( OPO) A 2019. Procedural rules have been set which provide the framework for making an application for an OPO in the UK, see: Procedure for OPO...
ARCHIVED: This archived Practice Note monitored how bills moved through Parliament throughout the session running from June 2017 to October 2019, which concluded with the Prorogation of Parliament on 8 October 2019 as noted here. Prorogation brings to a close all outstanding Parliamentary bills that have not obtained Royal Assent, unless a motion in either House carries them over in the usual way. Two of the bills from that Parliamentary session were carried over to the next session. Parliament is scheduled to re-open on 14 October 2019, and measures progressing in the subsequent session will be tracked separately. On 24 September 2019, the Supreme Court ruled that the prorogation of Parliament, made by Order in Council dated 28 August 2019, was unlawful, null and of no effect. Consequently, Parliament was not in fact prorogued on 9 September 2019. For more detail, see: LNB News 24/09/2019 21. See Q& As: What is...
What hedgerows are protected? Some hedgerows are controlled by the Hedgerows Regulations 1997 ( HR 1997), SI 1997/1160, made under the Environment Act 1995. Two tiers of protection apply, outlined below: a hedgerow meeting criteria on length and position in HR 1997, reg 3 cannot be removed unless the relevant local planning authority ( LPA) has been given written notice of the intended works the LPA may only stop removal if the hedgerow is also classed as an important hedgerow for the purposes of HR 1997, reg 4 In England, the Management of Hedgerows ( England) Regulations 2024 ( MH( E) R 2024), SI 2024/680 further require: a two metre buffer from the centre of an important hedgerow to be created and maintained, within which land cannot be cultivated and fertilisers cannot be applied no cutting or trimming of an...
ARCHIVED: This archived Practice Note is preserved for historical interest and to give practitioners a concise snapshot of developments in case law during 2018. It tracked extradition appeal decisions by month across 2018. For details of leading cases from 2017, see Practice Note: Extradition appeals tracker—2017 decisions [ Archived]. If you know the date of the judgment you need, use the list below or the links on the left-hand side to move straight to the relevant table. Alternatively, search this Practice Note with [ CTL]+[ F] for the case name, citation or a relevant search term. Cases by month: January 2018 February 2018 March 2018 April 2018 May 2018 June 2018 July 2018 August 2018 September 2018 October 2018 November 2018 December 2018 December 2018 Case name Abstract/ Summary Search terms Scerbatchi v First District Court of Bucharest, Romania [2018] EWHC 3612 ( Admin), [2019] All ER ( D) 79 ( Jan) —...
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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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