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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 is no longer updated This guidance concerns the position that applied before simplified Immigration Rules and procedures were brought in, culminating at the end of the Brexit transition period. It sets out and illustrates the various immigration stamps and vignettes (stickers) placed in non- EEA nationals' passports, and highlights frequent issues associated with them. It also provides practical examples to help with identification and understanding of these endorsements. Since the completion of the rollout of Biometric Residence Permits ( BRPs) and Short Stay Permits ( SSPs) across all categories of entry clearance and leave to remain (see Practice Note: Biometric Immigration Documents), the only passport endorsements given to non- EEA nationals by UK immigration authorities that actually confer leave to enter or remain are the leave to enter stamps an Immigration Officer may issue at a port of entry. No other...
This Practice Note was originally prepared by Dame Judith Farbey DBE. Amendments to immigration law can mean that a person applying for entry or leave under one rule or policy finds their application decided by reference to a different rule or policy. This Note outlines the principles the courts have employed when considering the impact of changes in law or policy on individual cases... the presumption against the retrospective effect of legislation the legal consequences of withdrawing a policy the principle of legitimate expectation These matters are nuanced. Advice to clients will frequently hinge on the specific facts rather than the automatic transposition of what the courts have stated in earlier decisions. The purpose of this Note is to lay a foundation for a general appreciation of certain legal principles... The presumption against the retrospective effect of...
Lexis+® UK Immigration subscribers can use the schedule of absences spreadsheets below to work out an individual’s time spent outside the UK for a range of application types. for settlement in work routes, Long Residence and naturalisation applications (incorporating ‘rolling absences’ tool) Use the link below to download the spreadsheet: This spreadsheet can assist in preparing applications for indefinite leave to remain in the UK within work, business and investment routes under the Immigration Rules. In the post- Brexit, ‘simplified’ Immigration system, these routes now refer to indefinite leave to remain as settlement. It can also support naturalisation as a British citizen under section 6 of the British Nationality Act 1981, although the rolling absences feature is not relevant in that scenario. For work, business and investment routes, it is appropriate for those whose initial leave was granted under Immigration Rules effective on or after 11...
Practice Note Throughout this Practice Note, the expressions ‘leave to enter/remain’ and ‘permission to enter/stay’ are treated as equivalent. The Immigration Rules now use ‘permission’ for streamlined routes, although ‘leave’ continues to appear in other stay categories and in the governing statutes. An individual who holds permission to enter or remain in the UK, and who intends and is allowed to seek further residence beyond the expiry of their present leave, or who plans to move to a different immigration route, will usually need to submit an in‑country application to the Home Office to vary their permission. Permission can be varied: by limiting, extending, or removing the cap on its duration, or by imposing, changing, or cancelling conditions attached to it. See Practice Note: Conditions of permission to enter or stay in the UK for more detail. This Practice Note addresses the following...
On 9 July 2012, the Immigration Rules governing settlement applications from a range of family members of settled people—partners, parents, children of those with limited leave as a partner or parent, and dependant relatives—underwent a major overhaul. These categories had previously been contained in Part 8 of the Immigration Rules. The reworked Rules were set out in two appendices: Appendix FM: family members, and its counterpart Appendix FM- SE: family members—specified evidence. Transitional measures preserved certain provisions of the Immigration Rules, Part 8 for individuals already granted leave to enter or remain under Part 8. The rules for entry clearance for children of settled parents were retained and, as a result, for children seeking entry clearance there are parallel regimes operating side by side. For other family matters, there are still points of contact where particular paragraphs of Part 8 remain...
The five-year partner and parent routes in the Immigration Rules, Appendix FM have strict eligibility requirements. Where a partner or parent applies for leave to remain but cannot satisfy every requirement, consideration is given to whether Appendix FM, paragraph EX.1 is engaged. This sits as one of the three limbs of the ten-year route to settlement for these applicants, the other two being the ‘ Exceptional circumstances’ provisions in Appendix FM at paragraphs GEN.3.1 and GEN.3.2. This Practice Note assesses when paragraph EX.1 should be treated as applicable. The clearest illustration of EX.1 being the most relevant provision is where the applicant partner has a genuine and subsisting parental relationship with a British child. In such circumstances, EX.1 may provide the appropriate basis for leave within the ten-year route......
This Practice Note sets out an overview of the principal stages in pursuing an appeal before the First-tier Tribunal ( Immigration and Asylum Chamber). The content reflects a typical, standard appeal and may not address every possible circumstance, and it does not purport to be exhaustive. Detailed guidance on filing an appeal to the First-tier Tribunal, including applicable fees, is provided in the Practice Note: Submitting an immigration appeal to the First-tier Tribunal ( IAC). For a discussion of various practical considerations when preparing an appeal to the First-tier Tribunal, consult Practice Note: Preparing for an immigration appeal to the First-tier Tribunal ( IAC). Procedural requirements: sources The Tribunal Procedure ( First-tier Tribunal) ( Immigration and Asylum Chamber) Rules 2014 ( Procedure Rules), SI 2014/2604, which came into effect on 20 October 2014, operate as the procedural code for the Immigration and Asylum Chamber of the...
Sources of immigration law in the UK For the UK, immigration law draws on multiple sources. Beyond many Acts of Parliament and the frequently revised Immigration Rules, there is an extensive range of statutory instruments, procedural frameworks and regulations, together with directions, instructions and guidance issued by the Home Office, plus a substantial body of judicial decisions and precedent. Alongside pertinent international law and those parts of European Union law still applicable to individuals protected under the EU Withdrawal Agreement, these materials collectively form the immigration law landscape in practice. This Practice Note examines the principal categories of sources and explains their legal standing. Be aware that immigration and nationality are reserved (or excepted) matters for the devolved settlements of Scotland and Northern Ireland. As a rule, immigration and nationality law extend across the whole United Kingdom, covering immigration Tribunal practice and...
The following alternative requirements apply to numerous applications under the Immigration Rules that involve children: sole responsibility, and serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child’s care These provisions are ordinarily engaged only where, after a grant of leave, the child will live in the UK with a single parent (unless the other parent has died). In the context of serious and compelling considerations, they also cover situations where a child is coming to join one parent or, under the Immigration Rules, Part 8, para 297, a relative who is not a parent. In short, these criteria are primarily aimed at cases where a child will not be living with both parents in the UK, and where clear, adequate care arrangements exist alongside reasons showing that...
Stop press: The Border, Security, Asylum and Immigration Act 2025 ( BSAIA 2025) received royal assent on 2 December 2025. The Act introduces a fresh authority permitting searches of electronic devices belonging to any person who has come to or arrived in the UK without leave to enter or remain. For further information and context, see News Analysis: What is changing under the Border, Security, Asylum and Immigration Act 2025. This new power took effect on 5 January 2026; refer to the Border Security, Asylum and Immigration Act 2025 ( Commencement No 1) Regulations 2025 ( SI 2025/1318). This Practice Note is currently being revised to reflect this development. Immigration officers hold various statutory powers enabling entry to premises to look for individuals and material and, upon entry, to arrest individuals and seize evidence. The scope of these powers expanded markedly when the Police and...
This Practice Note examines the usual suitability reasons for refusal and cancellation under the Immigration Rules, Part Suitability, including false representations, false information, false documents, relevant non‑disclosure, and the connected ground of deception. It also offers practical pointers on contesting refusals made on suitability grounds. See: Suitability grounds for refusal and re-entry bans—overview for details of the full replacement of the former Part 9 of the Immigration Rules by Part Suitability from 11 November 2025... Deception and false representations grounds Mandatory ( Deception) and discretionary ( False representations, etc) refusal grounds for current applications There is a mandatory basis to refuse entry clearance or permission where the decision‑maker is satisfied the applicant used deception by: making false representations, or supplying false documents or false information in relation to the application (whether or not it is relevant to the application), or failing to disclose...
A child might also qualify to apply for indefinite leave to enter or remain in the UK under Part 8 or Appendix FM where: both parents hold settled status in the UK, or one parent holds settled status and the other is applying for indefinite leave to remain at the same time as the child one parent holds settled status and the other is deceased one parent holds settled status and has had sole responsibility for the child's upbringing the child is seeking indefinite leave to remain, one parent has settled status and the child normally lives with that parent and not their other parent one parent or relative has settled status, there are serious and compelling family or other considerations which make excluding the child undesirable, and suitable arrangements have been made for the child's care If one of the child's parents has been granted, or is...
ARCHIVED : this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. This Practice Note is archived and no longer updated, as it addressed how EU free movement rules operated in the UK before IP completion day, when domestic measures giving effect to those rules were revoked, with certain preserved elements and adjustments. For more detail—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. It is retained in archived form for historical interest, since EU law as previously implemented in the UK can still be pertinent in a few limited scenarios. For historic versions of the...
This Practice Note This Practice Note outlines the key legal issues an employer should weigh up where an employee, engaged by and working for the benefit of a UK entity, performs their role remotely from outside the UK. Requests to work from home are increasing; however, asking to work remotely from a different country carries additional considerations. This Practice Note addresses some employment and tax matters that may arise from such a request, over and above any practical challenges linked to operating across multiple time zones. For employers to evaluate these points, they must be aware of any such arrangements, so the first step is to make it clear to employees that these working patterns require prior approval. Employers should consider introducing a policy that sets out when approval is needed and the process for seeking it. Various factors can influence the...
Background— EU law in the UK Pre-exit day The European Communities Act 1972 ( ECA 1972) was enacted to implement the United Kingdom’s obligations, as a Member State, under the relevant EU treaties and to ensure adherence to EU law. Under ECA 1972, s 2(1), certain EU rights and obligations intended to have direct effect applied in the UK without the need for additional domestic legislation. This encompassed rights under the EU Treaties and EU regulations setting out detailed legal rules. Other forms of EU law took effect via UK regulations made under ECA 1972, s 2(2), or, in some circumstances, through separate Acts of Parliament. This pathway covered EU directives, which stipulate overarching aims or frameworks while leaving each Member State to make its own provision to secure the required legal outcome. In its operation within Member States, EU law is...
Children’s rights issues in the immigration context Every immigration professional must be able to recognise and assess: when a client may depend upon a child welfare or best interests argument how a child’s best interests align with the Immigration Rules and human rights claims, and the most effective way to properly uphold the rights of a child affected by an immigration decision, ensuring their views are heard in the process This Practice Note surveys international children’s rights, pinpoints where these must be considered under UK immigration law, and explains when there is a duty within immigration matters to safeguard children’s welfare. It also sets out the situations in which a legal challenge can be brought for a failure to safeguard a child’s welfare in an immigration context......
Suitability requirements in Appendix FM The suitability criteria within Appendix FM broadly echo, though not entirely, the refusal grounds contained in Immigration Rules, Part 9. For further information on those grounds, see: Suitability grounds for refusal and re-entry bans—overview. Immigration Rules, Part 9, para 9.1.1(a) states that the Part 9 refusal grounds for entry clearance or leave to remain are not applicable to applications submitted under Immigration Rules, Appendix FM, except for Immigration Rules, Part 9, para 9.8.2, which is limited to entry clearance applications (previously contrived in a significant way to defeat the purpose of the rules or where there are aggravating factors). In addition, several Part 9 grounds can be relied upon to refuse leave to enter at port and to cancel existing leave, even where a person holds leave under Appendix FM. Frequently, the same Home Office guidance is used to...
Where a sponsoring partner receives one or more specified benefits, partners and dependent children applying under Appendix FM are not required to meet a minimum income threshold for the five-year route to settlement; instead, the applicable financial assessment is the test of 'adequate maintenance'. The 'adequate maintenance' criterion also applies to the following categories: parents applying under Appendix FM, other family members applying under Appendix Adult Dependent Relative, applications under Appendix Child Relative ( Sponsors with Protection), and children of settled parents applying under Part 8 of the Immigration Rules, however, under Part 8 there are important differences regarding the treatment of third-party support and offers of employment. It remains unlikely that partners or other family members will now apply under Part 8 of the Immigration Rules; nevertheless, advisers may still encounter someone who has, for whatever reason, remained on that route...
‘ Exceptional circumstances’ This Practice Note examines the ‘ Exceptional circumstances’ provisions in para GEN.3.1–3.3 of the Immigration Rules, Appendix FM, engaged where a partner, child or parent seeking to apply under Appendix FM fails to satisfy every element of the five-year route. They can also be relevant when an application for leave to remain made in a different category is assessed by reference to Appendix FM. In contrast to para EX.1, which is confined to applications for leave to remain, the ‘ Exceptional circumstances’ provisions extend to all applications for entry clearance as well as leave to remain. On 22 February 2017, the Supreme Court delivered its judgment in R ( MM ( Lebanon)) v Secretary of State for the Home Department ( SSHD). That ruling confirmed the lawfulness of the ‘minimum income threshold’ for partner and children...
This analysis examines the principal amendments to the Immigration Rules (the Rules) outlined in HC 1078. HC 1078 was published on 16 March 2017, together with an Explanatory Memorandum ( EM). A significant portion of the amendments concern Tier 2, as the Statement of Changes brings in the second wave of modifications to Tier 2 ( General) and Tier 2 ( Intra- Company Transfer) ( ICT) first trailed in Parliament by the former Minister of Immigration, James Brokenshire MP, on 24 March 2016. That address followed the government's review of the Migration Advisory Committee ( MAC)'s reports arising from its comprehensive assessment of Tier 2. For information on how the first phase of changes was implemented in November 2016, see Practice Note: Statement of Changes in Immigration Rules, HC 667—analysis [ Archived]. The bulk of the Tier 2 revisions had been...
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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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