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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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STOP PRESS: This Practice Note is currently being revised to reflect amendments to Sponsor Guidance that took effect on 6 March 2026. See News Analysis: Detailed list of the Home Office’s Sponsor Guidance changes of 6 March 2026. Background and underlying legal authority Sponsored workers are barred under the Immigration Rules from switching their sponsor, or altering the tasks, obligations or pay of their present role under existing leave as a Skilled Worker, or within Global Business Mobility (including former Intra- Company routes) or Scale-up routes, except where specific circumstances do apply......
This Practice Note summarises the principal procedural requirements and steps for seeking naturalisation as a British citizen, and highlights avenues to contest refusals. For information on eligibility requirements, see Practice Note: Applying to naturalise as a British citizen: eligibility. It does not address the procedure for naturalisation applications made under the Windrush Scheme. For further information, see Practice Note: The Windrush Scheme. Online or paper application form To apply for naturalisation as a British citizen, applicants must complete form AN, either online or on paper. Since biometric enrolment at Post Office branches for paper applicants has ceased (and all applicants must book an appointment at a UKVCAS TLScontact facility), most applicants will now find the online route more convenient. In-country online applicants are also not required to send in supporting documents, if relevant; instead, they upload copies of the supporting documents....
Good character requirement Pursuant to section 6(1) of the British Nationality Act 1981 ( BNA 1981) and Sch 1, para 1(1)(b), anyone seeking naturalisation as a British citizen is required to be of good character. This good character test equally covers applicants aged ten or above who seek registration as British citizens. That said, the good character rule does not apply to several categories of applications, notably those brought under: the statelessness routes in BNA 1981, Sch 2 BNA 1981, section 4B, for an eligible individual with no nationality other than as a British Overseas citizen, British subject under BNA 1981, British protected person, or British National ( Overseas) BNA 1981, section 4C, for an eligible person born between 1961 and 1983 BNA 1981, sections 4G–4I, for an eligible person who could not previously obtain citizenship because their natural father was not...
Article 8 of the European Convention on Human Rights 1950 ( ECHR)—given effect in domestic law by section 1 of the Human Rights Act 1998 ( HRA 1998)—guarantees respect for private and family life. Immigration practitioners must recognise when a client may invoke Article 8 and evaluate the likely prospects of success. This Practice Note sets out the principal practical considerations for immigration practitioners advancing arguments under Article 8 ECHR, including what Article 8 covers and protects, the applicable standard of proof, and how Article 8 is applied to different kinds of application, such as to entry clearance applications, or claims that involve children. This Practice Note does not address pre-2012 Article 8 claims; however, case law that predates the 2012 rules is identified and referred to where it remains relevant and continues to have continuing...
IMPORTANT NOTICE : THIS PRACTICE NOTE HAS NOW BEEN ARCHIVED. This note sets out the position as at 30 June 2018. From 1 July 2018, limits on Croatian nationals’ access to the UK labour market were removed; accordingly, worker authorisation rules, and any exemptions, no longer applied from that date. On 1 July 2013, Croatia acceded to the EU and, by extension, to the European Economic Area ( EEA). The treaty governing the Republic of Croatia’s accession to the EU (the Accession Treaty) was signed in Brussels on 9 December 2011 and was adopted in Brussels on 16 May 2012. As with other EEA nationals, Croatian nationals do not need leave to enter or remain in the UK. Under the terms of the Accession Treaty, member states may depart from EU free movement rules to manage access by Croatian nationals to their domestic labour markets for up to five...
ARCHIVED : This Practice Note is no longer maintained as it addressed the implementation of EU free movement law in the UK before IP completion day. On that day, the UK’s domestic legislation giving effect to EU free movement was revoked, subject to defined savings and modifications. For more detail, including those savings and the treatment of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note is kept in archived form for historical reference, as EU law previously applied in the UK can still be relevant in certain limited circumstances. For historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration 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...
IMPORTANT NOTICE : THIS PRACTICE NOTE HAS NOW BEEN ARCHIVED. This note reflects the law as at 30 June 2018. From 1 July 2018, restrictions on UK labour market access for Croatian nationals were removed, and therefore worker authorisation requirements and any exemptions ceased to apply from that date. Croatia became a member of the EU on 1 July 2013. The Treaty of Accession of Croatia 2011 allowed the UK to limit Croatian nationals’ access to the labour market for up to seven years from accession, so long as the conditions were no more restrictive than those in force at the date the treaty was signed (9 December 2011). Moreover, if the UK later brought in relevant measures for non- EEA nationals that were more favourable than those at the signature date, these had to be extended to Croatian nationals. The UK elected to apply labour...
ARCHIVED : this Practice Note is no longer maintained as the majority of concessions, which were introduced as a result of the coronavirus ( COVID-19) pandemic, have ended This Practice Note remains archived for historical reference and may assist advisers conducting research. It brings together links to relevant information, news, and analytical commentary on the immigration consequences of the coronavirus pandemic. It will continue to be refreshed periodically with pertinent materials. Links to all key government and third-party guidance can be found below at: Coronavirus ( COVID-19) immigration resources— Information resources. For the National Archives page hosting earlier versions of the main Home Office guidance for individuals from 27 March 2020, see here. Update: Relaxation of restrictions, switching and international arrivals and travel On 19 July 2021, most coronavirus rules in England were lifted, before new measures were brought in on 30 November 2021 to limit the...
ARCHIVED : this Practice Note is no longer maintained This note is not updated because it addressed the application of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to those rules were revoked, subject to specified savings and adjustments. For fuller guidance, including the preserved provisions and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It has been kept in archive for historical reference, as EU law formerly implemented in the UK can still matter in a few limited situations. Historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052—including the text immediately prior to revocation—are available on Legislation.gov.uk. For continuing developments of EU free movement in EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED This Practice Note is no longer being updated, as it addressed the implementation of EU free movement law in the UK before IP completion day; on that date, domestic instruments giving effect to EU free movement law were revoked, subject to specified savings and modifications. For more detail, 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 kept as an archive for historical interest, since EU law as it was formerly implemented in the UK remains pertinent in certain 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 the continuing evolution of EU free movement law within EU Member States, see: Immigration, employment & share...
ARCHIVED: This Practice Note is archived and is no longer maintained. It charted the progress of UK primary legislation introduced as part of the legislative preparations for the UK’s exit from the EU during the 2017–19 Parliament. Following the prorogation of the 2017–19 Parliament on 8 October 2019, the Brexit Bills moving through Parliament that had not yet secured Royal Assent fell, namely: Agriculture Bill Financial Services ( Implementation of Legislation) Bill [ HL] Fisheries Bill Immigration and Social Security Co-ordination ( EU Withdrawal) Bill Trade Bill For further reading, see: Brexit Bulletin—key Bills fall away on prorogation of Parliament, LNB News 09/10/2019 64......
ARCHIVED : This Practice Note is not maintained, as it addressed the UK’s implementation of EU free movement rules before IP completion day. On that date, the domestic legislation giving effect to EU free movement was revoked, subject to specified savings and modifications. It remains archived for historical interest, since the way EU law previously operated in the UK can still be pertinent in certain limited circumstances. For further details—including the applicable savings and the position of CJEU case law—see Practice Note: Brexit and the end of EU free movement law in the UK. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law within EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED This Practice Note is archived and no longer updated because it addresses the UK's implementation of EU free movement rules before IP completion day, the point at which domestic measures giving effect to those rules were revoked, subject to specified savings and modifications. For more information, including the relevant savings and the status of CJEU case law, consult the Practice Note: Brexit and the end of EU free movement law in the UK. It has been kept in archived form for historical interest, as EU law previously implemented in the UK continues to matter in certain limited contexts within the UK. For historic 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 across EU Member States, see: Immigration, employment & share incentives ( EU...
Important note— Archived Practice Note This Practice Note is no longer maintained, as it reflects the position before the streamlined Immigration Rules and procedures introduced at and before the end of the Brexit transition period. It is preserved in the archive for historical reference. Several Immigration Rules govern whether a leave to remain application is valid, set out in Immigration Rules, Part 1, para 34. Where an application is not made validly, it is regarded as never having been lodged. Following a phased expansion of online procedures across various immigration categories, from November 2018 almost all applications have been submitted online. Before the shift to online forms, difficulties with validity requirements were frequent, for example issues with payment being taken, or with photographs. Such defects could carry grave consequences: if an application is sent back as invalid after a person’s leave has lapsed, they become an...
FORTHCOMING DEVELOPMENTS On 4 December 2023, the then Conservative Home Secretary, James Cleverly MP, unveiled a series of measures intended to reduce legal migration to the UK. Among these, for Appendix FM applications on the 'five-year route', the standard required minimum income threshold for initial applications was increased from £18,600 to £29,000, scheduled for Spring 2024. This rise took effect through amendments to the Immigration Rules from 11 April 2024. Two further increases were originally anticipated in due course, but the new Labour Home Secretary, Yvette Cooper MP, commissioned the Migration Advisory Committee to review these financial requirements. The Committee’s report has now been published, and a new financial requirement is expected to be announced later in 2025. For further information, see Practice Note: Immigration calendar......
Administrative review Administrative review is the principal remedy available to contest immigration decisions on applications that are not human rights or asylum claims. It is an internal reconsideration of a Home Office decision, undertaken by a Home Office official different from the original decision-maker, rather than by an independent tribunal or court. The in-country administrative review regime was introduced in stages alongside the appeals regime brought in under the Immigration Act 2014 ( IA 2014), which removed rights of appeal in many routes of entry and stay; that process was completed by 6 April 2015. From that date, the scope of administrative review under the Immigration Rules was expanded to include a number of entry clearance decisions and certain cancellation of leave decisions made at the border. There are significant waiting times for administrative review outcomes; at the time of writing, published Home Office...
ARCHIVED : This Practice Note is not maintained any more, as it concerns the application of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to EU free movement were revoked, with specific savings and adjustments and modifications. For more information, including the applicable savings and the status of CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. The Practice Note remains available in archived form for historical reference, since EU law as formerly implemented in the UK continues to have relevance in certain limited scenarios. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately prior to revocation, see Legislation.gov.uk. For ongoing developments in EU free movement law within EU Member States, see: Immigration, employment & share...
The Innovator Founder route Introduced on 13 April 2023, the Innovator Founder route superseded the Innovator and Start-up categories, themselves launched in March 2019 for those looking to establish a business in the UK (which in turn had taken over from Tier 1 ( Entrepreneur) and Tier 1 ( Graduate Entrepreneur)). The Start-up route ran for two years for first-time founders and did not require any minimum investment, whereas the Innovator route demanded at least £50,000 in funds but offered a path to settlement. Both demanded endorsement from a third-party body approved by the Home Office (for Start-up this was often a higher education institution). The 2019 reforms were largely a response to the 2015 Migration Advisory Committee’s review of the Tier 1 ( Entrepreneur) and Tier 1 ( Graduate Entrepreneur) routes. The Explanatory Memorandum to the relevant Statement of Changes reflected the...
Changes in a person’s circumstances which occur after the grant of entry clearance or permission: can result in cancellation or curtailment of a person’s stay in the UK where their leave to enter or remain is limited, and will frequently need to be notified to the Home Office Notifying the Home Office of a significant change of circumstances can, in itself, prompt cancellation or curtailment. This Practice Note addresses both matters. The withdrawal of a person’s permission is described as: cancellation, when this happens at the port of entry or while the person is outside the UK, or curtailment, when the individual is already in the UK From 1 December 2020, the Immigration Rules, Part Suitability (and before it, Part 9) no longer uses the term curtailment, referring instead to cancellation throughout. For the purposes of the Rules,...
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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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