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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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How-to guide The Office of Financial Sanctions Implementation ( OFSI) sits within HM Treasury. It communicates, implements and enforces financial sanctions in the UK. It also has powers to issue licences that permit activities or transactions which would otherwise be prohibited under the UK financial sanctions regime. OFSI can only grant licences relating to financial sanctions. If your application concerns another category of sanction, eg trade or immigration, you must send it to the appropriate department. See further Practice Note: Understanding the financial sanctions regime. OFSI licences can be general or specific: General licences. Specific licences where a transaction is involved and no statutory exception or general licence applies. Where a transaction involves a person or organisation subject to financial sanctions (directly or indirectly), and no applicable statutory exception or general licence is in place, you must obtain a specific licence to proceed without...
Scope of the regime ( NSIA 2021) took full effect on 4 January 2022. From that point, the UK Government gained powers to scrutinise and intervene in a broad array of investments in entities operating in the UK, and in purchases of related assets, with the goal of stopping deals that might threaten the UK’s national security. The regime is run by the Investment Security Unit ( ISU) within the Cabinet Office, while the formal decision‑maker is the Chancellor of the Duchy of Lancaster (described in the Act, and here, as the ‘ Secretary of State’). Beyond handling notifications and associated proceedings, the ISU may issue guidance on the regime and how it applies to particular transactions. Under NSIA 2021, certain investments in business entities active across 17 specified UK sectors must be notified to the ISU by the investor and cleared by the...
Section 54 of the Modern Slavery Act 2015 ( MSA 2015) It obliges certain commercial organisations operating in the UK to publish an annual transparency statement that outlines the actions taken during the financial year to make sure slavery and human trafficking are not occurring in any supply chains or any part of the business. The statement may set out details of the organisation's structure, policies, due diligence, the assessment and management of risk, training, and how effective these measures are in ensuring the business's supply chain is free from modern slavery and human trafficking. MSA 2015, s 54 applies to all commercial organisations that: carry on a business, or part of a business, in the UK ......
Practice Note This Practice Note outlines the functions of the Nominated Officer and the Money Laundering Reporting Officer ( MLRO) within a firm authorised by the Financial Conduct Authority ( FCA), or a firm registered with the FCA for money laundering ( ML) purposes (roles frequently, though not invariably, carried out by the same individual), under the UK’s anti-money laundering ( AML), counter terrorist financing ( CTF) and counter proliferation financing ( CPF) applicable legislative and regulatory framework......
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill attained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partly commencing that same day. Provisions addressing matters such as handling data subject access requests and granting powers to make further regulations took effect immediately on 19 June 2025. Other elements, including notices from the Information Commissioner and certain aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require additional regulations, in the form of statutory instruments, before they can be brought into force. Parts 5 and 6 modify aspects of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...
Background Interpol and UNEP estimate wildlife crime is worth up to £17bn globally each year. Criminals exploit wild plants and animals at every point in the supply chain, from poaching and moving specimens to processing and retailing. Such offences are commonly linked with other illegality, including money laundering, corruption and falsified documents. The UK is a world leader in championing action to stop nature’s decline, safeguard wildlife and revive the natural environment. Confronting the illicit wildlife trade is a component of UK biodiversity policy. For further details, see Practice Note: Biodiversity— UK policy and legislative framework. The Environmental Targets ( Biodiversity) ( England) Regulations 2023, SI 2023/91 set a legally binding aim to halt the fall in species’ abundance by 2030, with a goal to reverse that trend by 2042, alongside an additional objective to lower the risk of species’ extinction by 2042. This is...
On 6 July 2020, the UK unveiled its first autonomous sanctions regime under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018). The Global Human Rights Sanctions Regulations 2020 (the human rights sanctions regime), SI 2020/680, empower the UK to establish sanctions regimes designed to ensure accountability for, or to deter, ‘gross violations of human rights’. These measures are commonly known as ‘ Magnitsky sanctions’. This Practice Note sets out the scope of the UK’s global human rights sanctions regime. It details the activities the regime targets, the sanctions available, who is within scope, and the guidance issued by the Office of Financial Sanctions Implementation ( OFSI). It also addresses practical considerations for businesses. For material on the statutory purposes for creating sanctions regimes under SAMLA 2018, the obligations to publish guidance on those regimes, and how...
Financial sanctions seek to shape conduct. The UK runs a global anti-corruption sanctions regime to prevent and combat serious corruption. This Practice Note outlines the scope of that regime under the Global Anti- Corruption Sanctions Regulations 2021, SI 2021/488. It sets out the targeted activities, the sanctions available, who falls within scope, and guidance from the Office of Financial Sanctions Implementation ( OFSI). It also highlights practical issues for businesses. For the statutory purposes for sanctions under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018), the duty to publish guidance, and how designations are made, varied and enforced, see Practice Note: The UK sanctions framework under SAMLA 2018. Key information The Global Anti- Corruption Sanctions Regulations 2021, SI 2021/488 permit financial measures and travel bans on persons involved in serious corruption. They replace the...
Data security sits at the heart of the UK General Data Protection Regulation ( UK GDPR). The sixth data protection principle — integrity and confidentiality — obliges you to implement suitable technical and organisational steps so that personal data is handled with appropriate safeguards and security when processed, including: protection against unauthorised or unlawful processing accidental loss, destruction or damage This Practice Note draws on ICO guidance regarding personal data breaches under the UK GDPR. It also incorporates further practical pointers and information drawn from ICO guidance on managing data security breaches issued under the previous data protection regime; that guidance has now been withdrawn. The Practice Note additionally aligns with materials from the European Data Protection Board ( EDPB). According to the ICO, although the UK has left the EU, these guidelines continue to be...
Legislative framework for data security UK GDPR The Assimilated Regulation ( EU) 2016/679—known as the UK General Data Protection Regulation ( UK GDPR)—is the principal source of data protection law in the UK. It is complemented by the Data Protection Act 2018 ( DPA 2018). For more on the UK GDPR and the DPA 2018, see Practice Notes: UK GDPR—the basics and The Data Protection Act 2018. FCA data protection requirements The FCA’s data protection requirements are outlined on its Data protection webpage. Customer data means any identifiable personal information a firm holds or retains about a customer. This may exist in any format or medium and includes: details gathered by the firm to meet anti-money laundering obligations data collected by the firm as part of the customer on-boarding process information secured by the firm to satisfy its suitability and appropriateness requirements, and any other identifiable personal...
Archived This Practice Note is archived and is not being maintained. For details of the Financial Conduct Authority’s ( FCA’s) powers to bring prosecutions in financial services, refer to Practice Note: FCA prosecution of criminal offences—essentials. Insider dealing and market abuse constitute financial crime, arising from misconduct within a market or the misuse of market-related information. A civil and regulatory framework aimed at detecting, deterring, or preventing financial crime across the regulated sector operates under the Financial Services and Markets Act 2000 ( FSMA 2000) and the onshored UK Market Abuse Regulation (which implements Retained Regulation ( EU) No 596/2014 ( OJ L 173/1) of the European Parliament and of the Council of 16 April 2014 on market abuse ( EU Market Abuse Regulation) (which applies in the UK as of IP completion day)). This regime sits alongside the criminal offences of insider dealing and...
This Practice Note offers a comprehensive primer on the UK’s anti‑money laundering ( AML), counter‑terrorist financing ( CTF) and countering proliferation financing ( CPF) regime as it applies to financial services firms. It outlines: money laundering ( ML), terrorist financing ( TF) and proliferation financing ( PF) the AML/ CTF/ CPF framework for financial services, including the Financial Conduct Authority’s ( FCA) role the UK’s statutory AML/ CTF framework relevant FCA Handbook rules and guidance Joint Money Laundering Steering Group ( JMLSG) Guidance the responsibilities of a firm’s Money Laundering Reporting Officer ( MLRO) FCA AML/ CTF reporting obligations: REP‑ CRIM the Economic Crime ( Anti‑ Money Laundering Levy) a snapshot of key participants in the UK AML/ CTF landscape for financial services UK AML/ CTF legislative proposals, action plans and reforms...
The Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) SAMLA 2018 establishes the UK framework governing how international sanctions are applied and enforced. Brought in after Brexit, its aim is to support the UK’s continued adherence to international law, while giving the UK the agility to adopt or revise sanctions swiftly. It grants the Secretary of State authority to create sanctions regimes through secondary legislation, namely Statutory Instruments ( SIs). Consequently, the substantive detail of the UK’s sanctions regimes resides in SIs, particularly in regulations that are country-focused or thematic, rather than in SAMLA 2018 itself. The Act also permits regulations to be made concerning the enforcement of any prohibition or obligation imposed by a regulation. See Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force......
This Practice Note outlines how the UK sanctions framework operates. The financial sanctions regime applies to every organisation. This Practice Note sets out: what financial sanctions are and who sets them how the UK administers and enforces financial sanctions a brief overview of offences and penalties key components of the regime, including asset freezes, lists and licences how the regime differs from anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing the consequences of getting it wrong For practical steps on compliance, see Practice Notes: How to manage sanctions compliance; for law firms: How to manage sanctions compliance—law firms; Sanctions—systems and controls; for law firms: Sanctions—systems and controls—law firms; and Financial sanctions compliance—examples of good (and poor) practice. What are sanctions and who imposes them? Sanctions are time-limited international restrictions or bans intended to: encourage a shift in the...
This Practice Note This Practice Note delivers practical, detailed direction on the key elements of the Financial Conduct Authority’s ( FCA) Financial Crime Guide: a firm’s guide to countering financial crime risks ( FCG), together with the FCA’s Financial Crime Thematic Reviews ( FCTR). Read alongside, they advise firms on measures to lessen exposure to financial crime, including risks linked to: fraud money laundering ( ML) terrorist financing ( TF) proliferation financing ( PF) sanctions evasion bribery and corruption market abuse It also highlights the FCA’s current priorities on financial crime and market abuse, as reflected in its strategy, work programmes and business plans. The Note applies to firms authorised by the FCA under the Financial Services and Markets Act 2000 ( FSMA 2000), and to e‑money and payment institutions and cryptoasset businesses within the FCA’s...
This Practice Note reviews the regulation of consumer credit advertising under the Financial Conduct Authority’s ( FCA) Consumer Credit sourcebook ( CONC 3). It explains how CONC 3 connects with the financial promotion restriction in section 21 of the Financial Services and Markets Act 2000 ( FSMA 2000), sets out the overarching ‘clear, fair and not misleading’ standards in CONC 3 as applicable, and describes the FCA’s enforcement powers against non-compliant firms where the rules are breached in practice... Supervisory focus In its March 2026 Regulatory priorities: Consumer finance report, the FCA indicated it intends to consult on CONC 3, spanning financial promotions and communications, to strip out unnecessary prescription, refresh requirements and further enhance alignment with the Consumer Duty, in due course... Relationship with the FSMA 2000 financial promotion restriction CONC 3 draws on several concepts from the restriction on financial promotions by...
ARCHIVED: This Practice Note has been archived and is not maintained. This archived Practice Note collates extradition appeal decisions by month, beginning in January 2021. For notable appeals from prior years, see the following Practice Notes: Extradition appeals tracker—2021 decisions [ Archived] Extradition appeals tracker—2020 decisions [ Archived] Extradition appeals tracker—2019 decisions [ Archived] Extradition appeals tracker—2018 decisions [ Archived] Extradition appeals tracker—2017 decisions [ Archived] If you already know the judgment date, use the list below or the links on the left to jump to the appropriate table. Otherwise, search within this Practice Note using [ CTRL]+[ F] by case name, citation, or a suitable keyword. Extradition appeal cases by month: January 2022 February 2022 March 2022 April 2022 June 2022 July 2022 August 2022 September 2022 October 2022 ...
ARCHIVED: This Practice Note is archived and no longer updated, and is not being maintained at present. It is kept for historical reference and to offer practitioners a brief snapshot of developments in extradition case law during 2021. Practitioners should be aware that the European Union ( Future Relationship) Act 2020 ( EU( FR) A 2020) delivers domestic implementation of the EU– UK Trade and Cooperation Agreement ( TCA). Specifically, section 29 of EU( FR) A 2020 states that domestic law takes effect subject to whatever modifications are necessary for the purposes of giving effect to the TCA. That provision could, in principle, engage any item of domestic legislation. Section 6 of the European Union ( Withdrawal) Act 2018 ( EU( W) A 2018), as amended, stipulates that unmodified retained EU law as at IP completion day—and questions about its validity, meaning or...
ARCHIVED: This archived Practice Note outlines and summarises the data protection regime in place before 25 May 2018 and describes the position under the Data Protection Act 1998 ( DPA 1998). It is supplied for background purposes only and therefore is not kept up to date. The Note deals specifically with the DPA 1998’s applicability and territorial reach. When assessing whether the DPA 1998 applies, consider the following key points: the nature of the data being processed—the DPA 1998 strictly applies only to processing of personal data; other information (eg statistical material or data that does not relate to an identifiable person) is outside scope where the data controller is established—the DPA 1998 applies only to data controllers established in the UK who process personal data in the context of that establishment......
FORTHCOMING CHANGE: On 12 November 2025, the Cyber Security and Resilience ( Network and Information Systems) Bill ( CSRB) was laid before the House of Commons. The CSRB provides for amendments to the Network and Information Systems Regulations 2018 ( SI 2018/506), notably widening their scope to cover data centres, managed service providers and large load controllers, and allowing regulators to identify ‘critical suppliers’. It overhauls incident reporting by creating a two‑stage process—an initial alert within 24 hours followed by a comprehensive report within 72 hours—and enlarges the definition of reportable incidents to capture a wider set of security compromises. The Secretary of State is also granted powers to make regulations concerning the security and resilience of network and information systems, to set a statement of strategic priorities for regulatory authorities, and to publish a code of practice. In addition, the CSRB confers powers to issue...
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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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