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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 material considers the UK GDPR regime This material addresses 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 expressly stated otherwise. For a fuller introduction to the UK GDPR, see Practice Notes: The UK General Data Protection Regulation ( UK GDPR) and UK GDPR and EU GDPR—comparison. This Practice Note examines employment-related data protection issues that arise in connection with: a share purchase, where the buyer assumes ownership of the company that operates the business (the target company), thereby acquiring all of its assets, obligations and liabilities, whether or not the buyer knew of them—see: Share purchases: employment issues—overview an asset purchase, where, instead of buying the target company, the buyer selects the assets and...
This Practice Note explores the Financial Conduct Authority ( FCA)’s expectations of culture within financial services firms, and how regulatory instruments such as the Senior Managers & Certification Regime ( SM& CR) and the Consumer Duty are used to direct FCA supervision and enforcement towards firms’ cultural frameworks. Although the FCA is the dominant conduct regulator in this space, the Prudential Regulation Authority ( PRA) also scrutinises how culture influences prudential risks, which is considered below. Key points addressed include: regulators’ position that culture is a principal driver of conduct outcomes and market integrity the expectation that culture is actively owned and overseen by firms and their senior managers the connection between culture, psychological safety and challenge, and how the SM& CR, amendments to the Conduct Rules to reflect the FCA’s expectations on...
This tracker captures legislation taking effect in 2026, arranged in chronological order. Updates are published on a month-by-month basis throughout the year, and links to relevant news reports are included where appropriate. For legislation commencing later in 2026, see Practice Note: Legislation tracker— Employment. For measures in force prior to 2026, refer to these Practice Notes: Archived—2025 Legislation tracker— Employment Archived—2024 Legislation tracker— Employment Archived—2023 Legislation tracker— Employment Archived—2022 Employment horizon scanner—dates for your diary Legislation in force— January 2026 Commencement date (unless otherwise indicated) Legislative change 6 January 2026 Exclusivity clauses—protections for low-income and zero hours workers Section 8 of the Employment Rights Act 2025 ( ERA 2025) widens the current protections to apply to all zero hours arrangements, whether contractual or not, and covers any restriction on taking work elsewhere. Any such term is void and...
This playbook This playbook sets out guidance for preparing and negotiating a consultancy agreement where a consultancy company supplies an individual consultant’s services to a client company (a ‘loan‑out’ arrangement), from a pro‑client or hirer standpoint. It offers a preferred position and a fallback position for the clauses most often negotiated, but may not address every issue that could arise on a specific consultancy agreement. The template can be adopted by lawyers for the client or hirer, whether operating in‑house or in private practice. Users should tailor the playbook where needed to tackle client‑specific matters and to ensure the client’s interests are fully safeguarded. The level of risk described in the playbook may vary according to the client. Note that the playbook does not include fallback positions for all boilerplate clauses, for scenarios where confidential information includes personal data, or detailed provisions for...
This Practice Note outlines examples of employment discrimination judgments based on the protected characteristic of philosophical belief, centring on gender-critical and/or gender identity beliefs. The decisions are arranged in approximate chronological order. For additional detail on the protected characteristic of religious or philosophical belief, see Practice Note: Religion or belief. Forstater v CGD Europe In Forstater, the claimant, a researcher and writer, engaged with the respondents through consultancy agreements. She posted tweets about proposed reforms to the Gender Recognition Act 2004 ( GRA 2004) that would allow individuals to self-identify their gender. Some members of staff at the respondents raised objections, describing the tweets as transphobic. When her consultancy engagements were not extended, Ms Forstater maintained that this was due to the gender-critical views she had expressed. She brought employment tribunal claims alleging direct discrimination on the basis of a...
Employment This playbook sets out guidance for preparing and negotiating an executive service agreement for a director or senior hire. It presents a preferred stance and an alternative fall-back for the clauses most often debated, but it will not necessarily capture every point that might surface in a specific negotiation. The template is suitable for lawyers acting for the employer and for in-house counsel. Users should adapt it to reflect the client’s circumstances and to safeguard the client’s position. The risk level indicated may differ according to the client. For templates, see: Precedent: Executive service agreement; Precedent: Executive service agreement (short form); Precedent: Executive service agreement ( Scotland); Executive service agreement (short form, Scotland). See also Settlement (employment)—overview and: Precedents: Letter—advice to employer client regarding draft executive service agreement; and Letter—advice to employee client regarding executive service...
Through this guide, organisations can bring their corporate strategy and transition plan into alignment, motivate board directors to deliver emissions-cutting objectives, lessen reputational and legal exposures—particularly accusations of greenwashing—and evidence climate leadership alongside a clear commitment to lowering greenhouse gas emissions. The sustainability clauses originate from The Chancery Lane Project ( TCLP) and are accessible via TCLP’s website below, referenced. For comprehensive direction on aligning the board with climate ambitions, please consult the guide supplied by TCLP. TCLP is the code name for a targeted, collaborative initiative of lawyers across the globe, from around the world, creating new and novel contracts and model laws to tackle climate change. For further details, visit: chancerylaneproject.org. Lexis+® is pleased to back and support TCLP’s work......
Practice Note: Criminal offences under the Data Protection Act 2018 ( DPA 2018) This Practice Note outlines the criminal offences set out in the Data Protection Act 2018 ( DPA 2018). Those provisions took effect on 25 May 2018. For details of the DPA 2018’s aims and coverage, see Practice Note: The Data Protection Act 2018. The DPA 2018 repealed the Data Protection Act 1998 ( DPA 1998) on 25 May 2018. However, data protection offences committed before 25 May 2018 may still be pursued under the DPA 1998 notwithstanding its repeal. For guidance on data protection and data handling offences under the DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [ Archived] and Notification offences under the Data Protection Act 1998 [ Archived]. The DPA 2018 was later amended by the Data Protection, Privacy and...
A data protection impact assessment ( DPIA) is exactly what it sounds like—an evaluation of how a particular project or process may affect data protection for impacted individuals. This Practice Note sets out: what a DPIA is whether DPIAs are mandatory, and if so who should carry out the assessment, and how It also covers how DPIAs relate to privacy impact assessments ( PIAs) and data protection by design and default ( DPb DD). Precedent: Data protection impact assessment— DPIA aligns with the UK GDPR. See also Precedent: Data protection impact assessment— DPIA—short form, based on an Information Commissioner’s Office ( ICO) template. ICO guidance on DPIAs is available in two places: Data protection impact assessments and Data Protection Impact Assessments ( DPIAs). What is a data protection impact assessment? A DPIA is a practical mechanism to help you: spot and reduce data...
Employment Tribunals ( Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014 amended by Employment Tribunals ( Early Conciliation: Exemptions and Rules of Procedure) ( Amendment) Regulations 2025 SI 2014/254 amended by SI 2025/1153 SCHEDULE THE EARLY CONCILIATION RULES OF PROCEDURE Starting early conciliation 1 Satisfying the requirement for early conciliation To meet the requirement for early conciliation, a prospective claimant must— lodge a completed early conciliation form with ACAS in accordance with rule 2; or telephone ACAS in accordance with rule 3. 2 (1) Where an early conciliation form is presented to ACAS, it must be— submitted via the online form on the ACAS website; or sent by post to the ACAS address stated on the early conciliation form. (2) An early conciliation form must include— the prospective claimant’s name and address; and the prospective respondent’s name and...
This Practice Note considers how damages are assessed in a prohibited conduct claim (eg a discrimination claim) under the Equality Act 2010 ( Eq A 2010)... Possible types of compensation An award of compensation can cover a number of distinct heads, namely: general financial loss (eg lost earnings, benefits, and the like) injury to feelings compensation for personal injury (where injury results and is attributable to the discrimination) pension loss interest aggravated damages exemplary damages General financial loss is addressed in Practice Note: Prohibited conduct claims: general financial loss. Injury to feelings and personal injury damages are dealt with in Practice Note: Prohibited conduct claims: injury to feelings and personal injury. Pension loss is covered in Practice Note: Calculating pension loss in employment tribunal claims. The other heads are discussed...
This Practice Note It explores how the provisions of the Equality Act 2010 ( Eq A 2010) intersect with those in the School Standards and Framework Act 1998 ( SSFA 1998), addressing appointment and dismissal of teachers at schools with a religious character, staffing at foundation and voluntary schools with a religious character, religious beliefs of staff at certain secular schools, and employment of teachers at independent schools with a religious character. The Note surveys categories of school, explains the meaning of ‘religious character’, and outlines how relevant parts of the SSFA 1998 operate for teachers and staff at secular schools and at schools with a religious character, including the position of reserved teachers in foundation schools and in voluntary controlled schools with a religious character. Finally, it considers exceptions under the Eq A 2010 for academic posts limited to members of a...
An employer may choose to set a dress policy for several reasons, including: presenting a polished, professional look that reflects the organisation’s brand; requiring a uniform; and/or complying with health and safety obligations Employers have considerable freedom in framing a dress policy, but in reality that latitude is tempered by: the need to apply comparable standards to all staff and to base them on a genuine business need, to minimise the risk of successful discrimination claims; and broader employee relations considerations, since the employer will want a policy that is broadly acceptable to most employees This Practice Note examines: relevant statutory and non-statutory guidance on dress codes the discrimination risks and practical considerations that can arise in relation to a dress code specific aspects of attire an employer may wish to include in a dress policy how to...
The right not to be unfairly dismissed is a purely statutory entitlement deriving from section 94 of the Employment Rights Act 1996 ( ERA 1996). There are various eligibility criteria and exceptions. The onus of showing the relevant qualifying conditions are met generally rests with the claimant. An unfair dismissal complaint falls within the sole jurisdiction of the employment tribunal (that is, it cannot be pursued in the courts) and must ordinarily be brought within three months of the effective date of termination (see Practice Note: Effective date of termination). The time limit: is extended where a prospective claimant is subject to mandatory early conciliation (see Practice Note: The early conciliation requirement— Extension to time limits (the ‘stop the clock’ provisions)) may be enlarged by the tribunal if it was not reasonably practicable to present the claim in time (see...
This Practice Note looks at the basic award, a constituent part of compensation in an unfair dismissal case. It explains how the figure is calculated, including: a maximum of 20 years’ service counted up to the effective date of termination; the number of weeks per year set by age bands; a week’s pay figure subject to a statutory cap; a minimum award in some circumstances (for example, trade union activities); a fixed two-week award in certain redundancy scenarios. It further covers deductions for contributory conduct (whether or not the employer knew), the consequences of refusing reinstatement, and set-off to the extent of any redundancy payment already made. For general guidance on unfair dismissal remedies, see Practice Note: Unfair dismissal...
This Practice Note explores when the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006) may apply to property transactions, and the consequences for employers (such as landlords, tenants, managing agents and other third‑party contractors) and for employees. It outlines the scope and effect of TUPE 2006, covering business transfers and service provision changes. It then looks at specific contexts: the sale of commercial freehold or leasehold property; the grant, termination or assignment of a lease; property management and service providers; changes in third‑party service provision; and employee accommodation and resident employees. The impact of insolvency on staff transfers in the commercial property setting is also highlighted. Finally, the Note addresses due diligence and the steps parties can take to manage TUPE risk in property...
Practice Note: Termination payments taxed as earnings The starting point for any termination payment or benefit is to determine whether, on basic principles, it is chargeable as earnings or an emolument of an office or employment under section 62 of the Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003). That issue must be decided before looking at any other charging provisions. For the principles to apply when deciding if a payment linked to the termination of an office or employment is taxable as earnings (or emoluments) under ITEPA 2003, s 62, see Practice Note: Termination payments taxed as earnings. This Practice Note concentrates on the specific deeming rules in ITEPA 2003, Part 6, Chapter 3, which subject to income tax payments and benefits on the termination of, or a change in the duties or functions of, an office or...
Protected characteristics This Practice Note examines the meaning of the protected characteristic of sexual orientation for the purposes of protection from discrimination and other prohibited conduct under the Equality Act 2010 ( Eq A 2010), namely: orientation towards persons of the same sex orientation towards persons of the opposite sex orientation towards persons of either sex It draws on case law guidance, including whether an actual and/or perceived sexual orientation is protected. Although the statutory wording does not, on its face, extend to sexual practices or sexual conduct, there is frequently a link between certain behaviours and a particular sexual orientation, and that connection may itself attract protection. For a guide to our materials on protections and liabilities arising from acts and omissions that amount to sexual orientation discrimination, or other forms of prohibited conduct linked to sexual...
This Practice Note looks at pensions-related issues that can arise under settlement agreements within the arena of English law. Settlement (or compromise) agreements are frequently used in the employment law sphere to resolve and conclude outstanding claims brought by employees against employers (and vice versa), particularly on the termination of employment. These claims can stem from multiple sources, such as statutory rights, contractual obligations in the relevant employment contract(s), or from common law areas including tort, for example allegations of negligence. statute the relevant contract(s) of employment, or areas of common law such as tort (for example, claims alleging negligence) Claims may arise at any point in the employment lifecycle—at recruitment, during the period of employment, or upon departure—and can involve intricate and costly issues. This is particularly true where the settlement agreement concerns senior executives, which is frequently the...
NB This Practice Note addresses legislation that is not yet in force. Its implementation has been significantly delayed, and there is currently no indication from Government as to when the proposed measures will commence. Government concerns about the scale of termination payments in the public sector have persisted for some time, and recent administrations have expressed an intention to introduce controls over such payments. Three distinct but connected legislative developments have arisen from this. The first was signposted in the Queen’s Speech in 2014, forming part of the Small Business, Enterprise and Employment Act 2015 ( SBEEA 2015). The then coalition government explained that this initial package was designed to tackle situations where a high-earning public sector office-holder left their role, received a substantial termination payment, and then moved into another public sector role either straightaway or shortly after receiving that payment. In those...
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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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