Featured documents
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
Procedure for applications when using VFS or TLS This Practice Note outlines the process for applications made through Visa Facilitation Services Global ( VFS) or TLScontact ( TLS), the Home Office’s designated commercial partners for submitting entry clearance from overseas and for in-country applications to extend leave or settle in the UK. VFS handles applications lodged abroad, whereas TLS is responsible for those submitted within the UK. Where the ‘ UK immigration: ID check’ or ‘ EU Exit: ID Document Check’ apps are used, no commercial partner takes part. For more detail on applying from abroad, see Practice Note: Procedure for applying from overseas. For applications made in the UK, see Practice Note: Procedure for applying online in the UK. The ID check app is being expanded to additional visa routes and its availability will grow over time. Important note: although this Practice Note...
The route exists to enable people lawfully settled in the UK to sponsor their adult dependent relative(s) for long-term relocation to the UK so they can deliver essential care. A distinct Practice Note addresses the position for s of a Hong Kong British National ( Overseas) BN( O) visa; see Practice Note: Applying under the Hong Kong British National ( Overseas) route—s. This Practice Note examines the complex route in depth, covering who qualifies and the practical evidence required to satisfy the prohibitive dependency requirement. It also highlights key parts of Home Office policy and Article 8 ECHR case law, and explains the various durations and conditions of leave available under this route... Background and overview In real terms, this route is most frequently used by those already settled in the UK who wish to sponsor elderly parents or other adult dependent relatives who, owing to age or...
Under the family Immigration Rules Partners granted leave to remain as a partner are typically placed on a five- or ten-year pathway to settlement in the UK. Nevertheless, a partner may seek an early grant of settlement where the relationship has ended because of domestic abuse. From 31 January 2024, Appendix Victim of Domestic Abuse to the Immigration Rules sets out applications for settlement after a relationship has broken down owing to domestic abuse during the probationary phase of their leave. This new Appendix uses a simplified format and additionally provides for applications made from abroad by victims of domestic abuse who have been abandoned outside the UK. Importantly, review the relationship eligibility rules closely, as the domestic abuse criteria do not align exactly with, or mirror, Appendix FM partner routes; for example, they exclude those with leave to enter or remain as a...
Practice Note This Practice Note examines how to file extension bids under the Tier 1 ( Investor) pathway. It additionally outlines the length and terms of leave, and the curtailment rules that will bite where the required investments were not put in place within the stipulated period after the initial grant of leave and then kept up. The Tier 1 ( Investor) strand was shut to fresh applications, without prior notice, from 16.00 on 17 February 2022 via Statement of Changes in Immigration Rules CP 632. Individuals already holding leave in this route can still prolong their stay, including seeking entry clearance from overseas if they have held leave as a Tier 1 ( Investor) migrant during the 12 months before the date of application, and can also apply for settlement. Extension requests lodged in the UK or abroad had to be filed by 17...
Appendix Child Relative route The standard Refugee Family Reunion pathway, used by sponsors to bring together their pre-flight spouse or partner and children, has been halted at the moment while a review takes place. The Home Office has said replacement Rules will appear before the close of 2025. In the interim, Appendix FM of the Immigration Rules was revised to permit people on a protection route to sponsor their pre-flight family members. This Practice Note examines the Appendix Child Relative route in depth, addressing eligibility, relationship criteria, and the practical evidence needed to satisfy the requirements. The Note highlights key elements of Home Office policy and Article 8 European Convention of Human Rights ( ECHR) case law, and outlines the length and conditions of leave granted under this route. The Child Relative route aims to enable those with temporary status on a...
What do advisers need to know about access by non- British or Irish citizens to marriage and civil partnership in England and Wales? This Practice Note looks at: the steps and potential barriers for a marriage or civil partnership involving a non- British or Irish citizen following commencement of the relevant provisions of the Immigration Act 2014 ( IA 2014) which parts of the new framework may particularly interest or concern immigration practitioners Note that Lexis+® UK does not cover areas of law in Scotland and Northern Ireland that are unique to those jurisdictions. Family law is one such field. However, schemes for referral and investigation akin to the England and Wales regime discussed in this Practice Note have been in force in those jurisdictions from 2 March 2015. See in particular: Referral and Investigation of Proposed Marriages and Civil...
Naturalisation Naturalisation is the leading route by which adults obtain British citizenship. It allows those who do not meet the criteria for automatic registration, but who have resided in the UK for defined periods, to apply to become British citizens. Anyone naturalised becomes a British citizen otherwise than by descent. The legal basis for applications is contained in the British Nationality Act 1981 ( BNA 1981). Section 6 and Schedule 1 of the BNA 1981 prescribe a set of conditions, some mandatory and others capable of being disregarded at the discretion of the Secretary of State for the Home Department ( SSHD). The requirements vary for an applicant who: is married to, or in a civil partnership with, a British citizen; or serves in Crown service overseas, or is married to a British citizen in such...
This is an alphabetical listing of links to selected application forms for UK immigration appeals, administrative review and judicial review applications. Alongside this, you will find a range of bail forms handled by tribunals. Be aware that the majority of appeals to the First-tier Tribunal ( Immigration and Asylum Chamber) for represented appellants who are not detained are now filed via the My HMCTS portal (see: Make an immigration and asylum appeal using My HMCTS). Unrepresented appellants can likewise apply online; see Appeal against a visa or immigration decision ( GOV. UK). Paper forms are permitted or required solely in specific, limited situations. The links provided point to the GOV. UK editions of the paper forms. For appeal forms for the Upper Tribunal ( Immigration and Asylum Chamber) and the Administrative Court, also see: Appeal a decision by the immigration and asylum chamber ( GOV. UK) and the...
This Practice Note This Practice Note examines the eligibility criteria concerning money and investments for a Tier 1 ( Investor) migrant seeking indefinite leave to remain, where their most recent leave was granted under the pre-6 November 2014 Immigration Rules for the route and the application is made before 6 April 2022. It sets out which investments qualify (including any pertinent restrictions), how qualifying investments must be maintained, and the documentation required to confirm that the qualifying investments and, where applicable, any balancing funds have been maintained across the relevant specified continuous period. It should be considered alongside Practice Note: Tier 1 ( Investor): applying for indefinite leave to remain. As this route was closed to any further initial applications on 17 February 2022, by Statement of Changes in Immigration Rules CP 632, partly due to concerns that it enabled the transfer of...
This Practice Note sets out details on the durations and conditions linked to entry clearance and permission to stay for individuals on the Student route, including those holding Student permission under the Doctorate Extension Scheme. New applications to the Doctorate Extension Scheme closed on 1 July 2021. Student union sabbatical officers fall outside the scope of this Practice Note. See also Practice Note: Student: eligibility, which explains the points-based and non points-based eligibility requirements for entry clearance and permission to stay applications under the Student route. Grant of permission Student permission is issued for the length of the course, with additional periods before commencement and after completion. The table below sets out the time allowed prior to the course start date and following the course end date, as recorded on the student’s confirmation of acceptance for studies ( CAS)......
This Practice Note examines how to satisfy the minimum income threshold on the five-year settlement route where some or all income comes from approved non-employment sources. In keeping with other countable income streams, the guidance on the financial requirement, as well as the relevant immigration application forms, assign non-employment income to a lettered grouping— Category C. Although Appendix FM and Appendix FM- SE of the Immigration Rules do not explicitly name these groupings, the criteria that support the division into categories are set out within them. A concise summary of the categories appears in: Family immigration financial requirement—quick reference checklist. Whose non-employment income can be relied on?......
Electronic Travel Authorisation ( ETA) scheme This Practice Note reviews the Electronic Travel Authorisation ( ETA) scheme, rolled out in phases from October/ November 2023 and fully operational from 2 April 2025. From 20 March 2026, changes to the carrier liability legislation make the framework fully enforceable, although it began operating on 25 February 2026. In summary, the scheme obliges non- British or Irish nationals who wish to travel to the UK, who do not already hold a visa and are not required to obtain one, to secure advance permission in the form of an ETA. The application is brief and low-cost, with many outcomes delivered automatically. Before its introduction, nationals of certain countries (non-visa nationals) did not need advance permission to come to the UK as visitors or short-term Creative Workers for trips not exceeding six months. Therefore, since rollout, advance...
Tier 1 ( Entrepreneur) The Tier 1 ( Entrepreneur) route closed to new applicants on 29 March 2019. Thereafter, entry was limited to those who, within the previous 12 months, held leave as a Tier 1 ( Graduate Entrepreneur), or were in the Start-up route having previously held Tier 1 ( Graduate Entrepreneur) leave. Applications for that cohort closed on 5 July 2021. Individuals already in Tier 1 ( Entrepreneur) could keep their leave and apply to extend until 5 April 2023, and for settlement until 5 April 2025. For anyone who has ever held Tier 1 ( Graduate Entrepreneur) leave, the extension deadline was 5 July 2025, with indefinite leave to remain applications permitted until 5 July 2027. As a ‘legacy’ route, the category’s Immigration Rules have not been simplified. Tier 1 ( Entrepreneur) was and remains aimed at...
Representative of an Overseas Business Previously, the Representative of an Overseas Business route offered permission to enter and remain in the UK for staff of non- UK companies via two pathways: a senior member of staff from a foreign company with no UK footprint, sent to the UK to set up the organisation’s inaugural branch or subsidiary (‘sole representative’); or media personnel of overseas newspapers, news agencies or broadcasting organisations deployed by their non- UK employer on a long-term assignment in the UK (‘media representatives’) Under the Statement of Changes in Immigration Rules HC 1118, the ‘sole representative’ provisions ceased to accept new applicants from 11 April 2022. The sole representative rules within the Representative of an Overseas Business category now apply solely to individuals seeking to extend leave or obtain settlement via this route. From the same date, the Global Business Mobility— UK...
ARCHIVED This Practice Note is archived and no longer updated, as it addressed the operation of EU free movement rules in the UK before IP completion day, when domestic measures giving effect to EU free movement were revoked, subject to specified savings and modifications. For fuller 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 Practice Note is preserved in archived form for historical interest, since EU law as it was previously applied in the UK remains pertinent in certain limited circumstances. For historical iterations 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 across EU Member States, see: Immigration, employment & share incentives ( EU...
Windrush Scheme On 16 April 2018, after a number of high profile widely reported cases involving long-settled Commonwealth migrants struggling to prove their lawful right to live in the UK, the government created a taskforce for this cohort. The Home Office urged long-term Commonwealth citizen migrants, unable to evidence their right to remain, to contact the Windrush Taskforce (now the Windrush Help Team) by telephone or email to review their situation and discuss their position, as appropriate to their circumstances. At first, eligible people using the service had matters concluded on an ad hoc basis, without lodging a formal application. This approach evolved into a structured route with the introduction of the Windrush Scheme (the ‘ Scheme’) on 30 May 2018. Notably, while the Scheme mainly targets specified ‘ Commonwealth citizens’, its scope reaches beyond Commonwealth citizens and their children, and also covers...
On 23 June 2016, the United Kingdom held a referendum on its EU membership, with a majority opting for the UK to leave the EU. On 29 March 2017, the Prime Minister sent formal notice of the UK’s intention to withdraw, setting in motion the Article 50 TEU process. At 11 pm on 31 January 2020 (exit day), the UK’s withdrawal took effect in law and the UK ceased to be an EU Member State. Exit day signalled the close of the Article 50 withdrawal phase and the beginning of a time-limited transition/implementation period, during which the interim arrangements in Part 4 of the Withdrawal Agreement applied. These transitional measures created a standstill period while the UK and the EU set about implementing the Withdrawal Agreement and negotiating the legal terms governing their future relationship, to apply after the transition ended. The EU- UK Trade and...
The Youth Mobility Scheme The Youth Mobility Scheme is a temporary route that lets non‑ British and non‑ Irish nationals aged under 31 from listed countries or territories, or holders of certain forms of British nationality, live and work in the UK for two years. From 29 June 2023, the upper age ceiling for New Zealanders moved to 35 or under, following the UK– New Zealand trade deal. On the same date, New Zealand citizens also gained the option to extend their stay in the UK by a further year. From 31 January 2024, the 35 age cap was likewise applied to nationals of Australia, Canada and the Republic of Korea ( South Korea), with Australians and Canadians also able to extend for an extra year. The UK operates reciprocal arrangements with participating states, and the list is updated on a regular basis from time to time...
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, UK legislation giving effect to EU free movement was revoked, albeit with specific savings and modifications. For more information, including the applicable savings and the status of CJEU case law, consult Practice Note: Brexit and the end of EU free movement law in the UK. This note remains available in archived form for historical reference, as the former UK implementation of EU law remains relevant in certain limited situations. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052—including the version in force just before revocation—see Legislation.gov.uk. To track ongoing developments in EU free movement across Member States, see: Immigration, employment & share incentives ( EU...
STOP PRESS: This Practice Note is being revised to reflect amendments to the Sponsor Guidance that took effect on 6 March 2026. See News Analysis: Comprehensive list of the Home Office’s Sponsor Guidance updates dated 6 March 2026......
Popular documents
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 ]...
Discover more from LexisNexis
