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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:
Most recent Practice notes
Practice Note This Practice Note provides an eligibility matrix outlining the criteria for settlement-also referred to as indefinite leave to remain ( ILR)-for partners or parents under the Immigration Rules, Appendix Settlement Family Life (the ten-year route to settlement). This Appendix was introduced into the Immigration Rules on 20 June 2022 as part of the Home Office initiative to streamline and simplify those Rules. Appendix FM to the Immigration Rules still sets out the provisions for limited leave for partners and parents on the five and ten-year routes, and the rules for settlement via the five-year route. The Practice Note also considers the terms governing settlement for dependent children within the Appendix itself. Alongside reorganising the relevant Rules into a simplified structure and layout, the Appendix contains several policy shifts from the previous ten-year route settlement provisions for partner applicants in Appendix FM,...
HC 535 was published on 29 October 2015, accompanied by an Explanatory Memorandum ( EM). Beyond the previously signalled steps of temporarily placing nurses on the shortage occupation list and bringing the Tech Nation visa scheme into the Tier 1 ( Exceptional Talent) category, the Statement introduces a number of technical amendments across the Immigration Rules. It also makes more substantial alterations to the Rules on asylum (which sit outside the scope of Lexis+® UK Immigration). This overview offers, by category, a bullet-point outline of the key changes for business practitioners, with links to related News Analysis pieces that examine particular issues in greater depth. The EM appears at the end of p. 57 of the Statement. Implementation Unless stated otherwise, these changes apply to applications submitted on or after 19 November 2015. Applications filed before that date will be decided in...
This Practice Note This Practice Note examines the criteria for applications that rely, wholly or partly, on pension-derived income to satisfy the minimum income threshold for the five-year route to settlement under Appendix FM. As with other acceptable income streams, pension income is placed in a lettered classification ( E) within the guidance covering the financial requirement and in the relevant immigration application forms. Although these classifications are not named in Appendix FM or Appendix FM- SE of the Immigration Rules, the underlying requirements that justify the division into categories are set out there. The gross annual amount from any state pension (including the UK basic state pension and the additional or second state pension, or a pension paid by an overseas pension authority) or from a private pension, received by either the applicant partner or the sponsoring partner, can be counted towards meeting the...
For applications on and after 31 January 2024, there are three types of visitors: Standard: for individuals wishing to carry out the activities listed in the Immigration Rules, Appendix Visitor: Permitted Activities, for example sightseeing or seeing relatives, typically for up to six months in total Marriage/ Civil Partnership: for people coming to the UK to marry or enter a civil partnership, or to give formal notice of marriage or civil partnership Transit: for travellers passing through the UK en route to another country outside the Common Travel Area, who will enter the UK for only up to 48 hours by crossing the UK border From 18 February 2025, a fourth category, the ‘ Diplomatic Visa Arrangement ( DVA) Visitor’ route, was officially introduced. Diplomatic passport holders from several countries have been excepted from the visa national list, but from 18 February 2025 they may apply directly for a...
This Practice Note centres on the Ukraine Permission Extension Scheme, while also setting out background for Ukrainians seeking entry or already in the UK on a visa, alongside broader worries such as potential routes to settlement. It further outlines context on the Ukraine Scheme visa pathways overall. A central concern for advisers assisting people with leave under the Ukraine Scheme is the persistent uncertainty about what lies ahead. The government maintains there will be no route to settlement for Ukrainians, yet many will have put down roots in the UK, developing strong private lives after years of lawful residence. Meanwhile, it is not clear how long the Homes for Ukraine Sponsorship Scheme and the Ukraine Permission Extension Scheme will stay open. Should there be a judged durable shift in conditions in Ukraine, the position may alter... Key resources at a glance ...
Homes for Ukraine Sponsorship Scheme (the scheme) The Homes for Ukraine Sponsorship Scheme enables Ukrainian citizens, and certain eligible family members, living outside the UK to seek entry to the UK if an authorised UK-based sponsor agrees to provide accommodation. The scheme is contained in the Immigration Rules, Appendix Ukraine Scheme, and is presently the sole Ukraine pathway open to fresh applicants from overseas. The Ukraine Family Scheme stopped accepting new applications at 3 pm on 19 February 2024. The Ukraine Extension Scheme closed on 16 May 2024 and is now fully closed. Individuals already in the UK with leave under a Ukraine route may qualify to extend that leave via the Ukraine Permission Extension Scheme ( UPES). Leave granted under this scheme does not currently lead to settlement. The scheme was launched in 2022 following the Ukraine Family Scheme (now closed). A...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a package of steps aimed at cutting lawful migration to the UK. Among them, for Appendix FM applications on the 'five-year route', the baseline minimum income requirement for initial applications was to rise from £18,600 to £29,000 in Spring 2024. This uplift took effect through amendments to the Immigration Rules on 11 April 2024. Further staged increases had been planned; however, on 30 July 2024, the incoming Labour Home Secretary, Yvette Cooper MP, confirmed that the Migration Advisory Committee would be tasked with reviewing these financial thresholds, and that no subsequent rises would progress pending that review. For more detail, see Practice Note: Immigration calendar. The Practice Note considers core practical points on the Appendix FM minimum income threshold: determining the applicable threshold, and—for five-year route...
This Practice Note monitors the development of UK legislation brought forward under the legislative programme linked to the UK’s departure from the EU. It also features a Brexit SI database that compiles details of both draft and made secondary legislation related to Brexit. Quick links Use the links below to go directly to the relevant section or tracker. Practice area trackers Follow the links below for trackers focused on Brexit legislation across specific practice areas: Commercial Corporate Crime Dispute Resolution Employment Energy Environment Financial Services Information Law Intellectual Property Life Sciences Local Government Pensions Property R& I Tax For further updates and guidance tailored to individual practice areas, see: Brexit collection......
The Scale-up route This pathway allows UK companies that have achieved recent rapid growth to secure a Home Office sponsor licence so they can hire highly skilled people who are neither British nor Irish and who possess the expertise required to help the Scale-up business keep expanding and thriving. It is described as a points-based route, and officially entered the Immigration Rules as Appendix Scale-up on 22 August 2022. A notable hallmark of the Scale-up route is that it begins as a sponsored route (covering the first six months) and then converts to an unsponsored route thereafter. A sponsor is accountable for each sponsored worker only for the initial six months, in relation to migrant sponsorship duties and responsibilities, yet must otherwise remain compliant for the full term of the licence overall. Accordingly, two distinct sets of criteria may...
UK Expansion Worker The UK Expansion Worker route under Global Business Mobility is designed for senior managers or specialist staff who are temporarily posted to the UK to establish a branch or a wholly owned subsidiary of an overseas enterprise. It superseded the Sole Representative provisions within the Representative of an Overseas Business route for first-time applications from 11 April 2022. The Practice Note: Sponsoring a UK Expansion Worker considers eligibility linked to the sponsor’s issue of a Certificate of Sponsorship ( Co S), covering required skill level, pay, and the necessity for prior overseas employment for a set minimum period. It also outlines the route’s background and possible alternatives. Eligibility: financial, validity and suitability criteria Period and conditions of permission, including the maximum assignment length Dependants Application procedure There is no English language requirement for this route. Key resources at a...
Senior or Specialist Worker and Graduate Trainee Senior or Specialist Worker and Graduate Trainee are Global Business Mobility categories that, from 11 April 2022, supplanted, respectively, the Intra- Company Transfer and Intra- Company Graduate Trainee routes. Through the Senior or Specialist Worker path, companies with linked overseas affiliates may post established personnel to their UK branch in a skilled position. For the purposes of sponsorship fees, it is treated as a Worker route. Individuals who are partners in business vehicles such as limited liability partnerships ( LLPs) are regarded as employees in this context for these specific purposes. This route is prescribed in the Immigration Rules, Appendix Global Business Mobility- Senior or Specialist Worker. Mentions of Senior or Specialist Worker also cover people granted leave under the former Intra-company and Tier 2 ( Intra- Company Transfer)/ Long-term staff provisions routes. The Graduate Trainee path...
The Graduate route The Graduate route is an unsponsored immigration pathway enabling eligible people with permission under the Student route to take up full-time work or self-employment in the UK, at any skill level, once their studies are complete. The permitted period is: Two years if they have completed an eligible Bachelor's or Master's degree (or other relevant qualification) in the UK and apply before 1 January 2027 18 months if they have completed an eligible Bachelor's or Master's degree (or other relevant qualification) in the UK and apply on or after 1 January 2027 Three years if they have completed a Ph D or other eligible doctoral qualification Launched on 1 July 2021 to attract and retain talented international students, the route bears similarities to the former Tier 1 ( Post-study work) category, which was abolished in April 2012. In its...
This collection is an archive of PDF Policy Guidance for applicants across work, investment and study routes within the Points- Based System ( PBS), alongside Appendix W of the Immigration Rules that pre-dated the post- Brexit regime. Note that Tier 1 ( Investor) and Tier 1 ( Entrepreneur) categories continue to apply for some applicants. The archive serves research needs, enabling checks on what the relevant guidance stated at a given time, with comparison editions indicating changes between versions. The post- Brexit system largely took effect on 1 December 2020. Under the previous arrangements, applicants primarily used PDF Policy Guidance for each category; by contrast, the current system directs applicants to the relevant route visa information tool on GOV. UK. For advice on using this archive and researching wider immigration materials through the National Archives, see Practice Note: Locating guidance and using...
All overseas and in-country partner applicants seeking an initial grant as a partner (including as a fiancé(e) or proposed civil partner) under Appendix FM must submit the specified evidence proving they either satisfy, or are exempt from, the English language requirement. The sole departures are where an applicant for leave to remain in the UK falls within the exceptions in the Immigration Rules, Appendix FM, paragraph EX.1; or, whether applying for entry clearance or leave to remain, relies on the residual ‘ Exceptional circumstances’ provisions in the Immigration Rules, Appendix FM, paragraph GEN.3.2. Paragraphs EX.1 and GEN.3.2 comprise two strands of the ten-year route to settlement. Those who received their first partner leave under Part 8 (having applied on or before 8 July 2012) and who now seek to extend their stay under Part 8 must provide evidence that they meet the...
Article 8 of the European Convention on Human Rights 1950 ( ECHR), brought into UK law by section 1 of the Human Rights Act 1998 ( HRA 1998), protects the right to respect for private and family life. This Practice Note outlines frequent considerations for people granted leave under Article 8 ECHR, such as matters that can arise around the duration and conditions of leave, mapping a route to settlement, extending leave, naturalising, and securing leave for family members. Duration and conditions of leave The period and the restrictions attached to any leave granted will turn on the application route pursued. There is no single standard length of leave to remain on Article 8 grounds, nor a universal set of conditions. This should be weighed carefully when selecting the process through which to apply. For example, in an entry clearance scenario, it may appear...
Article 8 of the European Convention on Human Rights 1950 ( ECHR), brought into UK law by section 1 of the Human Rights Act 1998 ( HRA 1998), sets out the right to respect for private and family life in the UK. Every immigration practitioner should be able to describe the steps for pursuing an Article 8 claim, together with the linked issue of the likely prospects of success. This Practice Note details the process for making an immigration Article 8 claim, including when an application form is required and when it is not required, and the options available where an application is refused. What evidence to submit with an Article 8 claim This Practice Note should be read alongside practical guidance on specific application routes. It is important that Home Office decision-makers assessing Article 8 claims have up to date evidence before them when they make a...
The Long Residence route within the Immigration Rules This route enables applicants to seek further leave to remain or settlement (indefinite leave to remain, ILR) on the basis of ten years’ continuous and lawful residence in the UK. This Practice Note provides an overview of the pathway and signposts the applicable Immigration Rules, Home Office policy materials, application forms, fees, and other application information. Originating as a concession outside the Rules, it was introduced to ensure compliance with Article 3(3) of the 1955 European Convention on Establishment, a Council of Europe treaty that the UK ratified on 14 October 1969. Following the simplification programme, from 11 April 2024 the governing provisions sit in Immigration Rules: Appendix Long Residence, while criteria concerning continuity of residence now appear in Immigration Rules: Appendix Continuous Residence. The Long Residence route applies to individuals who have resided lawfully in the UK for an...
FORTHCOMING DEVELOPMENTS: This subject is among those heavily influenced by proposals in the Immigration White Paper ‘ Restoring control over the immigration system’, released on 12 May 2025. See: — Immigration White Paper 2025—anticipated changes to the English language requirement. The initial phase of these changes (increasing the required English level for first-time applications in the Skilled Worker, High Potential Individual and Scale up routes from B1 to B2 CEFR) will affect applications lodged on or after 8 January 2026. The majority of streamlined work, study and business routes include an English language criterion that applies to entry clearance and permission to remain. In certain circumstances, principal applicants must also satisfy an English language threshold at settlement, and every dependant partner and dependant child seeking settlement will be expected to do so. This Practice Note explains the alternative routes by which...
This Practice Note examines how derivative and Surinder Singh residence rights are handled under the EU Settlement Scheme (the Scheme), covering the breadth of these rights within the Scheme and the associated application steps. Consistent with the case of Ahmed, and under the Immigration and Social Security Co‑ordination ( EU Withdrawal) Act 2020 and its transitional measures, properly and validly made EEA family permit applications submitted before 31 December 2020 continued still to qualify for consideration and potential approval afterwards, provided applicants satisfied Regulation 11(5)(e) of the 2016 Regulations. New applications to the EU Settlement Scheme, however, may now only be brought by persons relying on EU rights on certain bases. Closure of the Surinder Singh and Zambrano routes A Statement of Changes issued on 17 July 2023 confirmed the closure of the Surinder Singh and Zambrano routes to fresh...
This Practice Note sets out the duties, accountabilities and eligibility criteria for the Authorising Officer, Key Contact, Level 1 users and Level 2 users (key personnel) of a sponsor under the Workers and Temporary Workers routes. It also addresses points concerning legal representatives. The Worker routes are: Skilled Worker Global Business Mobility ( GBM)— Senior or Specialist Worker T2 Minister of Religion International Sportsperson The Temporary Worker routes are: Charity Worker Creative Worker GBM— Graduate Trainee, Service Supplier, Secondment Worker and UK Expansion Worker Scale-up Government Authorised Exchange International Agreement Religious Worker Seasonal Worker Certain sponsorship elements outlined in this Practice Note vary for the UK Expansion Worker route. These are briefly flagged below. For comprehensive detail, see Practice Note: Sponsoring a UK Expansion Worker—the GBM: UK Expansion Worker sponsor licence...
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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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