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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 explains the administrative removal regime as amended by the Immigration Act 2014, identifying who is and is not subject to removal and the destinations to which removal may occur. It also sets out the considerations to be weighed when deciding on removal and the extra safeguards that apply in family situations. Further amendments to removal notices were introduced by the Nationality and Borders Act 2022 ( NBA 2022), although not all provisions are currently in force. For additional context, see News Analysis: Nationality and Borders Act 2022—summary for non-asylum practitioners. From 20 November 2023, the process and deadlines for removal notices have been put on a statutory footing, ordinarily requiring a five-working day notice period, which remains effective for 21 days where a first removal attempt fails for reasons beyond the Home Office’s control (see below). As...
EU free movement of persons law This page brings together material covering aspects of EU law of interest to immigration advisers. The EU free movement of persons regime operates in EU Member States, the non‑ EU EEA countries of Norway, Iceland and Liechtenstein, and Switzerland. It permits nationals of those countries, and their family members, to enter and live in the other participating states, subject to specified conditions. For instance, to secure residence rights beyond three months, an individual must be in employment or self‑employment, in education, or financially self‑reliant (including holding comprehensive sickness insurance). For further information, consult: EU free movement of persons ( EU Law)—overview within the EU law practice area. This summary concerns EU free movement matters in particular......
The statutory regulation of immigration advice and services Immigration advice in the UK is regulated by the Immigration and Asylum Act 1999 ( IAA 1999), which stipulates that—save for narrow exceptions—anyone offering immigration advice or services to individuals must be a ‘qualified person’. Section 84(2)(c) of the IAA 1999 originally treated as qualified those authorised to practise in the UK by an equivalent designated professional body in another EEA state; however, from 31 December 2020, that provision was removed by virtue of the Immigration, Nationality and Asylum ( EU Exit) Regulations 2019, SI 2019/745. A Ministerial exemption from registering with the Immigration Advice Authority ( IAA) continues to cover licensed sponsors where they supply immigration advice or services at no cost to employees, prospective employees and students. Comparable Ministerial exemptions extend to specified educational institutions and health sector bodies. See Practice Note: Giving...
This Practice Note examines the ‘right to rent’ regime applying to residential premises in England. It summarises the ‘right to rent’ scheme and signposts the code of practice on right to rent (which explains how landlords and agents can comply with the regulations) and the landlords’ code of practice (relating to avoiding discrimination), alongside other Government guidance. The focus is on residential premises within England only. It also directs readers to Government guidance relevant to the scheme in this area, as appropriate. Background—the 'right to rent' scheme Brought in by the Immigration Act 2014 ( IA 2014), the ‘right to rent’ framework is designed to prevent persons who are not lawfully present in the UK from securing or remaining in private accommodation in the UK. Under the scheme, a private landlord who permits an adult, disqualified from entering into a residential tenancy agreement because of their...
This Practice Note sets out a summary of the key criminal offences linked to illegal working and considers practical issues when managing a criminal investigation and prosecution. For details on the civil penalty framework for illegal working, see Practice Note: Illegal working: dealing with a civil penalty. The scope of this Practice Note is limited to the law in England and Wales. While the primary focus is prosecution under section 21 of the Immigration, Asylum and Nationality Act 2006 ( IANA 2006), for guidance on additional illegal working offences, see Other offences below. Be aware that the illegal working regime, including IANA 2006, s 21, is scheduled to be widened to include alternative working models that previously sat outside its reach, pursuant to a clause in the Border Security, Asylum and Immigration Bill. See: LNB News 08/05/2025...
ARCHIVED : This Practice Note is no longer maintained. It addressed the UK’s implementation of EU free movement law before IP completion day, when domestic provisions giving effect to that regime were revoked, subject to specific savings and modifications. For fuller guidance — including the relevant savings and the standing of CJEU case law — see Practice Note: Brexit and the end of EU free movement law in the UK. The Note has been kept in archived form for historical interest, as EU law previously applied in the UK still matters in a few limited scenarios. For earlier versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052 — including the text immediately before revocation — see Legislation.gov.uk. For ongoing developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED This Practice Note is no longer maintained, as it concerns the application of EU free movement law in the UK before IP completion day, when domestic measures implementing that law were revoked, subject to specified savings and modifications. For more detail, including the relevant savings and the standing of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It has been preserved in archive for historical interest, since EU law as formerly applied in the UK remains pertinent in a few limited scenarios. For historical texts of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives ( EU Law)—overview. This Practice Note summarises the entry and residence rights of European Economic Area ( EEA)...
ARCHIVED This Practice Note is no longer updated, as it addressed the application of EU free movement law in the UK before IP completion day, when domestic legislation implementing EU free movement was revoked, subject to certain savings and adjustments. For further information, including the relevant savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Note is preserved in archived form for historical interest, since EU law as it previously operated in the UK remains pertinent in some limited circumstances. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, see Legislation.gov.uk. For ongoing developments in EU free movement within EU Member States, see: Immigration, employment & share incentives ( EU Law)—overview. This Practice Note considers the...
ARCHIVED This Practice Note is not being updated, as it addressed how EU free movement rules operated in the UK before IP completion day. On that date, the domestic measures giving effect to EU free movement were revoked, save for specified savings and adjustments. For more information, including the scope of those savings and the status of CJEU jurisprudence, consult Practice Note: Brexit and the end of EU free movement law in the UK. The Note is kept as an archive for historical reference, since EU law as it formerly applied in the UK still has relevance in some narrowly defined circumstances. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For developments in EU free movement law within EU Member States, see: Immigration, employment & share incentives ( EU...
This Practice Note outlines the Secretary of State for the Home Department’s powers to remove a person’s British nationality or to declare that status a nullity. It also describes the deprivation procedure, the implications for the individual and their family members, routes of appeal, and key case law... Legislative framework and guidance The SSHD’s authority to deprive citizenship is set out in section 40 of the British Nationality Act 1981 ( BNA 1981). Under section 40(1), British citizens, British Overseas Territories citizens, British Overseas Citizens, British Nationals ( Overseas), British Protected Persons and British subjects may all be deprived where the statutory conditions are met... By BNA 1981, s 43, the power to deprive British Overseas Territories citizens and British Nationals ( Overseas) of their nationality in a British overseas territory is, with the SSHD’s prior approval, delegated to each territory’s Governor. In the Channel Islands and the Isle of...
This Practice Note examines the key issues around applications made by dependent partners of individuals on work, investment and study pathways. Most of these routes include provision for dependent partners and children. The principal exceptions are the Youth Mobility Scheme, which permits no dependants at all, and the Student, Graduate and Skilled Worker routes, which impose certain restrictions. For the position in those routes, see Practice Notes: Applying under the Skilled Worker route — Dependants, Applying under the Graduate route and Student: eligibility — Dependants. Partners in this context means: spouses civil partners, and unmarried partners who have lived in a relationship akin to marriage or civil partnership for at least two years — this type of relationship is now termed a ‘durable relationship’ Before their simplification, the rules governing dependent partners and children in these routes were found in Part 8 of the...
Practice Note This Practice Note outlines, in table form, the principal potential consequences of deception through omission or non-disclosure of relevant facts, as set out in the suitability grounds for refusal in the Immigration Rules and in statute. It addresses deception by omission or failure to reveal relevant facts in the following contexts: when applying for entry clearance, permission to enter, or permission to stay; and where an individual already has permission but, during examination by an Immigration Officer on entry, does not disclose a material fact (for example, a change of circumstances or purpose). It should be read alongside Practice Note: Duty of disclosure in immigration applications and interviews. Although Part Suitability of the Immigration Rules applies to the majority of routes, there are limited exceptions where it does not apply to certain parts or appendices, whether wholly or in part. The scope of...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, the then Conservative Home Secretary, James Cleverly MP, set out a package of steps aimed at curbing lawful migration to the UK. Among these, in respect of ‘five-year route’ Appendix FM applications, the standard minimum income requirement for initial applications would rise from £18,600 to £29,000 in Spring 2024. That uplift took effect through amendments to the Immigration Rules, implemented on 11 April 2024. Two further increases were slated to follow in due course; however, the incoming Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to examine the financial thresholds in detail. The Committee has now reported, and a further statement on the financial requirement is anticipated in due course. For more detail, see Practice Note: Immigration calendar. That Practice Note provides tables setting out eligibility criteria for applications for leave to remain as a child of a...
On 23 June 2016, the UK voted in a referendum on its membership of the European Union ( EU). A majority of 51.9% backed the UK’s departure from the EU (‘ Brexit’). On 29 March 2017, the government formally notified the EU of the UK’s intention to withdraw, invoking Article 50 of the Treaty on European Union ( TEU). Under Article 50, unless otherwise agreed by the parties, the withdrawal arrangements must be settled within two years, failing which the UK would exit the EU without a deal. A central question in the withdrawal negotiations concerned safeguarding the residence rights of EU nationals residing in the UK and British nationals living in other EU states. In the absence of transitional measures, the immediate effect of the UK leaving the EU could be that all EU‑derived residence rights would cease......
This Practice Note outlines recommended immediate steps to take when your client is encountering delay with an application, or has received a refusal notice from the Home Office concerning an immigration application. The same overarching principles apply to applications made within the UK and overseas, although there are some variations in potential routes, set out below. Challenging decision-making delay Government departments can take time to reach decisions. In general, delay will only be amenable to challenge where it is pronounced, or where it is producing serious consequences for an individual, or both. What constitutes delay will depend on the facts of the particular case and the type of application. It is usually easiest to contest delay if there is strong evidence that the wait is having an adverse effect. For example, someone awaiting a decision might provide medical material showing that the delay is...
Adequate accommodation The duty to evidence ‘adequate accommodation’ for the applicant partner and any family members—even those not named in the application—extends to virtually all applications for leave to enter or remain as a partner, whether under Part 8 or Appendix FM (this includes minimum income cases and those based on ‘specified benefits’). It likewise covers applications by children of settled persons, children of individuals with limited leave as a partner, and applications under Appendix Adult Dependent Relative. Under the Rules, it also reaches dependent children applying under Appendix Victim of Domestic Abuse, although how strictly this is applied in practice is uncertain. The only family applicants excused from showing ‘adequate accommodation’ are those relying on Appendix FM, para EX.1, or the residual exceptional circumstances in para GEN.3.2. See Practice Notes: Appendix FM: Section EX and Appendix FM: exceptional...
On turning 18, a person must formally submit any British citizenship application as an adult, even if the basis is time spent as a child. Only adults may lawfully make applications to naturalise as British citizens. Children are limited to applying solely for registration as British citizens only. While naturalisation is the principal route by which adults obtain British citizenship, there still remain certain limited circumstances in which adults may instead apply for registration as British citizens. For more details about applications to naturalise as a British citizen, see Practice Note: Applying to naturalise as a British citizen: eligibility, and for guidance on registering a child as a British citizen, see Practice Note: Routes for applying to register a minor child as a British citizen. Certain registration applications are made by entitlement, whereas others are determined at the discretion of the...
Effective preparation of bundles Meticulous bundle preparation underpins a calm, efficient hearing and is something practitioners should keep firmly in view as part of their overall work for any hearing. This Practice Note offers a guide to creating and deploying electronic bundles (or e-bundles) in civil proceedings in England and Wales. It sets out practical pointers on the interface between digital case management and e-bundles, the varieties of electronic bundle, judicial expectations when assembling electronic bundles, guidance in the Civil Procedure Rules ( CPR) on preparing bundles, effective methods for preparing and using electronic bundles, and the benefits and drawbacks of using electronic bundles. It also surveys widely applicable tools to consider when collating evidence and other documentation electronically. For general guidance on preparing a bundle for: trial—see Practice Note: Preparing trial bundles an interim application—see Practice Note: Preparing for an application hearing—...
The meaning of key terms in the Immigration Rules in relation to eligibility This Practice Note examines the main terms appearing in the Immigration Rules on eligibility for applications by children under Part 8, paras 296–316F, and within Appendix FM, Family life as a child of a parent with limited leave as a partner or parent. The terms covered include: parent under 18 unmarried, not living independently and not having formed an independent family unit 'present and settled' and 'being admitted for settlement'—these definitions apply solely to applications by children of settled persons under Part 8 of the Immigration Rules and are not cited in Appendix FM Relevant evidence and common pitfalls are addressed in this Practice Note, which should be read alongside the following Practice Notes where relevant: Children applying for indefinite leave under Part 8 and Appendix FM:...
This Practice Note sets out the procedural steps for applications for entry clearance or for leave to remain by a child whose parent is applying for, or has already been granted, limited leave as a partner under Part 8 or Appendix FM. See Practice Note: Children applying for indefinite leave under Part 8 and Appendix FM: procedure for details of the procedural requirements for children seeking indefinite leave to enter or remain under Part 8 and Appendix FM. GOV. UK information pages on applications in this category The GOV. UK pages for this immigration route aim to offer a clear summary of the essential points on eligibility, process and fees. Nonetheless, these pages should be approached with care, as in some sections the eligibility requirements are omitted or set out in a manner that could be potentially misleading to...
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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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