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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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This Practice Note This Practice Note offers a concise outline of common contractual terms governing the end of employment and directs readers to fuller resources. An employment contract can cease in several ways. In some cases the ending amounts to a dismissal, giving the employee certain statutory protections, for example the ability to bring an unfair dismissal claim. In other situations the employee leaves of their own accord; in those circumstances they generally cannot claim against the employer unless the resignation is a constructive dismissal. Parties should address termination clauses at the very start of employment, particularly as views on what is suitable may diverge. By the time those clauses are relied upon, the relationship may have deteriorated and each side may take a different stance. Contracts commonly allow termination to occur: on the expiry (without renewal) of a fixed term: the agreement may run for a stated...
Labour and employment- Finland- Q& A guide This Practice Note presents a Finland-focused labour and employment Q& A, issued within the Lexology Getting the Deal Through series by Law Business Research (published: April 20232). Authors: Kalliolaw Asianajotoimisto Oy- Pekka Kiviniemi; Kalliolaw Asianajotoimisto Oy- Anni Santanen 1. What are the main statutes and regulations relating to employment? The principal legislation comprises: the Employment Contracts Act (55/2001); the Working Hours Act (872/2019); the Collective Agreements Act (436/1946); the Act on Cooperation within Undertakings (1333/2021); the Occupational Safety and Health Act (738/2002); the Occupational Health Care Act (1383/2001); the Act on the Occupational Safety Personnel Register (1039/2001); the Act on the Protection of Privacy in Working Life (759/2004); the Annual Holidays Act (162/2005); the Workers' Compensation Act (459/2015); the Trade Secrets Act (595/2018); the Security...
This Practice Note outlines the EU remuneration framework contained in the Capital Requirements Directive 2013/36/ EU ( EU CRD IV) and Regulation ( EU) 575/2013 ( EU CRR), together with the remuneration provisions in the Investment Firms Directive ( EU) 2019/2034 ( IFD) and the Investment Firms Regulation ( EU) 2019/2033 ( IFR). These rules apply to pay awarded by credit institutions and investment firms to their staff... Background and introduction to EU CRD IV and EU CRR In the aftermath of the 2008 global financial crisis, the Financial Stability Board ( FSB) and a number of national regulators reviewed remuneration governance and structures across financial services. They concluded that: firms and supervisors underestimated how pay policies and practices could fuel excessive risk-taking remuneration design, notably cash-heavy, short-term incentives, promoted undue risk appetite bonus pool methodologies did not adequately reflect firms’ capital and...
ARCHIVED: This archived Practice Note addresses a series of frequently asked questions about living with coronavirus ( COVID-19) at work following the lifting of coronavirus-related measures from 1 April 2022. How should employers manage coronavirus risks in the workplace following the removal of all coronavirus-related measures? All remaining coronavirus measures were removed on 1 April 2022. Specifically: the programme of free universal testing for those with and without symptoms ended the instruction to self-isolate was replaced with advice to try to stay at home and avoid contact the health and safety requirement for employers to explicitly include coronavirus in risk assessments was withdrawn For more detailed guidance on the current position, see Practice Note: Living with coronavirus ( COVID-19) in the workplace from 24 February 2022 [ Archived]. UK Health Security Agency guidance on reducing the spread of respiratory infections, including COVID-19, in workplaces highlights the need for...
Mediation is a widely used form of alternative dispute resolution ( ADR) for settling employment disputes outside formal processes. Other ADR options include: negotiation arbitration Acas conciliation early neutral evaluation For more detail, see Practice Notes: Alternative dispute resolution in employment claims Acas conciliation This Practice Note offers a broad introduction to mediation and sets out: when it is used to resolve employment disputes what mediation involves the fundamental principles the mediator’s role the stages of a mediation the benefits of mediation how to reach and record agreement Using mediation to resolve employment disputes Mediation may occur in many scenarios, both during the employment relationship and after it has ended. A useful distinction is between: workplace mediation, and employment...
Judicial mediation As with any litigation, alternative dispute resolution ( ADR) is strongly promoted in employment tribunal proceedings and, in some situations, can be obligatory. For represented parties there is typically a built-in incentive to settle claims, since the default rule is that each side meets its own costs regardless of who ultimately prevails. Settlement curbs expenditure whilst also sidestepping litigation risk. This Practice Note outlines the process of judicial mediation, one of the ADR options offered by the employment tribunal to assist the consensual resolution of disputes. Judicial mediation-unlike some other ADR routes available through the employment tribunal-is voluntary and depends on the agreement of both parties. The Practice Note is broadly divided into two parts (with an inevitable degree of overlap): the first sets judicial mediation within the wider context of how ADR is used in the employment tribunal, and seeks to...
ARCHIVED: This archived Practice Note summarises what employers should weigh up when running workplaces through the coronavirus ( COVID-19) pandemic, aligned with the government’s Living with COVID-19 approach and the shifts from 1 April 2022. It covers self-isolation for those testing positive, displaying symptoms or identified as close contacts, along with testing, contact tracing, self-isolation support payments, statutory sick pay ( SSP), duties on staff and employers, and considerations for at-risk groups. On 21 February 2022, the Cabinet Office set out the COVID-19 Response: Living with COVID-19, detailing the plan to lift the remaining domestic legal restrictions in England from 24 February 2022. Additional revisions applied from 1 April 2022, notably the end of free universal testing, updated advice on self-isolation for people with COVID-19, and the replacement of BEIS working safely guidance with new public health guidance (see: Timeline for changes below). For...
This case tracker presents a curated selection of notable employment judgments handed down in 2022. For information on significant live matters, see Practice Note: Case tracker- Employment. Where available, links to Employment news analysis reports are provided. The Lexis®+ UK Employment team welcomes details of other cases that may interest subscribers; please use the ‘ Contact Us’ button above and the Lexis®Ask function to share information... Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229 Topic: Worker status Main issue: Whether the EAT was right to conclude that the Court of Appeal’s ruling in Windle v Secretary of State for Justice [2016] IRLR 628 does not impose an irreducible minimum of obligation as a condition for ‘worker’ status under the Equality Act 2010, nor, by extension, under the ERA 1996. Summary: In this matter, the EAT decided that the absence of any duty on...
STOP PRESS The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the outstanding sections of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, with the rules on penalty notices and complaints commencing on 19 June 2026. For further detail, see Practice Note: Data ( Use and Access) Act 2025-employment implications. This Practice Note will be updated shortly to reflect these changes. This Practice Note examines the legal and practical challenges for employers when addressing alcohol and drug use in the workplace. Legal framework The Health and Safety at Work etc Act 1974 ( HSWA 1974) imposes a general duty on all employers to protect the health, safety and welfare of their...
Where the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE 2006), SI 2006/246, apply to the purchase of a business (or part of a business) and its assets, TUPE 2006 operates to pass the contracts of the relevant employees to the purchaser. TUPE 2006 also confers particular safeguards for employees regarding dismissal and alterations to terms and conditions, imposes duties to inform and consult about the transfer, and requires the seller to provide specified employee liability information to the buyer. For further detail, see: TUPE and asset purchases-overview. Practice Note: Share purchases-employment warranties, disclosure and indemnities. Practice Notes: Asset purchases-employment due diligence issues acting for the buyer and Asset purchases-employment due diligence issues acting for the seller. Relationship between due diligence, warranties, disclosure and indemnities The buyer’s starting position in any asset acquisition is the maxim caveat emptor (let the buyer...
This Practice Note This Practice Note reviews the Equality Act 2010 ( Eq A 2010) as it relates to positive action in employment and the workplace, and, where appropriate, distinguishes lawful positive action under the Act from positive discrimination, which is generally prohibited. Sets out what positive action entails and the statutory framework in Eq A 2010, with reference to the EHRC Code of Practice and other guidance Clarifies the difference between positive action and positive discrimination Identifies who may adopt positive action measures Outlines why employers may wish to use positive action Details the conditions that must be satisfied for general positive action measures, in relation to: Action to address disadvantage Action to meet needs Action to...
This case tracker showcases a curated set of notable employment rulings delivered in 2021. Details on important live matters appear in Practice Note: Case tracker- Employment. Where available, links to Employment news analysis reports are provided. The Lexis®+ UK Employment team welcomes information about additional cases that might interest subscribers. Kindly use the ‘ Contact Us’ button above and the Lexis®Ask feature to share particulars. Case Name Number Topic Main issue Case history Farrar, Aslam v Uber BV, Uber London Ltd, Uber Britannia Ltd UKEAT/0056/17, [2018] EWCA Civ 2748, UKSC 2019/0029, [2021] UKSC 5 Worker status Whether a taxi driver qualifies as a worker or as a self-employed contractor for the purposes of the national minimum wage, holiday pay and whistleblowing protection. The Central London Employment Tribunal found the claimant Uber drivers to be workers; see our reports of 7 November 2016 and 8 February 2017. The EAT...
Convention rights The Human Rights Act 1998 ( HRA 1998) took effect in October 2000 and is intended to give effect to the rights set out in the European Convention on Human Rights ( ECHR) (the Convention rights). The ECHR is a binding international treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it became binding in UK law only with the introduction of the HRA 1998......
This Practice Note presents a jurisdiction-focused Q& A on Austrian labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research ( May 2023). Authors: Schindler Attorneys- Barbara Klinger. 1. What are the main statutes and regulations relating to employment? The key legal instruments are: Act on White- Collar Workers Labour Constitution Act Employment Law Harmonisation Act Act on Working Time Act on Rest Days Act on Employee Liability Vacation Act Act on Blue- Collar Workers 1859 Company Pensions Act Employees' Severance Pay Act Act on Maternity Protection Act on Father's Leave Act on Equal Treatment Act on Employment of Foreign Workers Act on Employment of Disabled Persons Act on Professional Training Employees Safety Act 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? Yes. The Act on Equal Treatment outlaws direct and indirect discrimination by employers on the basis of an employee’s sex, religion, or ethnic...
This Practice Note offers a Denmark-focused Q& A on labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research ( September 2022)... Authors: Norrbom Vinding- Yvonne Frederiksen... 1. What are the main statutes and regulations relating to employment? Denmark has no single, overarching employment act covering the entire labour market. Instead, employment relations are shaped by a combination of statutes, collective bargaining agreements and the parties’ individual contracts. Danish employment rules broadly fall into two strands: collective agreements and legislation concerning salaried (white-collar) employees... A significant share of workers in Denmark are subject to a collective agreement. Negotiated by trade unions and employer organisations, these agreements stipulate core employment terms and pay, commonly addressing working hours, minimum wages, notice requirements and similar topics. Consequently, many employment conditions are primarily determined through collective...
At some stage, every employer will encounter staff dissatisfaction. For this reason, employers need a clear route to handle complaints. A well-run grievance procedure helps settle disagreements and supports a contented workforce. What is a grievance? Under the Acas Code of Practice on disciplinary and grievance procedures, grievances are the concerns, issues or complaints employees bring to their employer. The non‑statutory Acas guidance, Discipline and grievances at work, recognises that anyone in an organisation may at some point face worries about their job, conditions, or colleague relationships that they wish to raise with management. They expect the matter to be taken seriously and, where possible, resolved. Management likewise benefits from tackling problems early, before they escalate into significant difficulties for everyone. employment terms and conditions health and safety working relationships bullying and harassment new ways of working work...
UK GDPR regime This material examines the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless specified otherwise. It reflects the provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) in force on 5 February 2026 (see Practice Note: Data ( Use and Access) Act 2025—employment implications). For broader guidance on workplace data protection, consult the following Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers The UK GDPR and DPA 2018: lawful processing of personal data in employment For a fuller overview of the UK GDPR, refer to Practice Note: The UK General Data Protection Regulation ( UK GDPR). Throughout recruitment and selection, employers must process—ie collect, use and...
The UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At that point, the withdrawal period under Article 50 TEU concluded, and the ratified Withdrawal Agreement, which set the legal terms of the UK’s departure, entered into force. On exit day, the ratified Withdrawal Agreement was released in the Official Journal of the European Union, together with the Political Declaration outlining the framework for the future relationship between the UK and the EU: Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, OJ L 29 31.01.20, p 7-187 Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom, OJ C 34 31.01.20, p 1-16 Exit day stood as a significant milestone, being the date on which the UK...
NOTE On 15 July 2025, the government unveiled the Leeds Reforms, which include proposals to streamline the SM& CR. At the same time, the PRA and FCA issued consultation papers CP18/25 and CP25/21. The regulators have set out a two-stage reform programme, with Phase Two to follow, subject to legislative changes under HM Treasury consultation. Final Phase One requirements are expected around mid-2026, and any subsequent Phase Two consultations will depend on HMT legislation. See News Analysis: Reform of the SM& CR— Proposals and next steps. This Practice Note covers: the Financial Services Register ( FS Register) the legislation, regulatory rules and guidance applying to the FS Register the information made available on the FS Register about firms and individuals the addition of a directory of certified and assessed persons, described as ‘ Directory Persons’ ( DPs), on the FS...
SM& CR—essentials for claims management companies Note: On 15 July 2025, the government unveiled the Leeds Reforms, setting out plans to streamline the SM& CR. At the same time, the PRA and FCA released consultation papers CP18/25 and CP25/21, which closed in October 2025. The regulators set out a two-stage programme of reform, with Phase Two to follow, subject to legislative changes under HM Treasury consultation. Final Phase One requirements are expected in mid-2026, with any later Phase Two consultations dependent on HMT legislation. See News Analysis: Reform of the SM& CR— Proposals and next steps. Introduction On 1 April 2019, the Financial Conduct Authority ( FCA) assumed responsibility for oversight of the claims management sector from the Claims Management Regulator ( CMR). As a consequence, the sector must meet the FCA’s standards on professionalism, conduct and governance, collectively referred to as the Senior Managers 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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