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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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ARCHIVED : The Tier 1 ( Investor) category ceased accepting initial applications, without notice, from 16:00 on 17 February 2022 under Statement of Changes in Immigration Rules CP 632. Those who already hold leave in this route can still extend their stay, including applying for entry clearance from outside the UK if they have held Tier 1 ( Investor) leave at any time in the 12 months before the date of application, and may apply for settlement. Extension applications, whether made in the UK or overseas, must be submitted by 17 February 2026. Applications for settlement must be lodged before 17 February 2028. For more details, see: LNB News 17/02/2022 76. This Practice Note has been kept in archived form for historical interest, and for those whose applications were pending when the category closed. It sets out the categories from which a person may apply for leave to...
ARCHIVED The Tier 1 ( Investor) category was closed to new applications, without notice, at 16:00 on 17 February 2022 via Statement of Changes in Immigration Rules CP 632. Individuals with existing leave under this route can still extend their permission, including seeking entry clearance from outside the UK if they have held Tier 1 ( Investor) leave during the 12 months before the application date, and may apply for settlement. Extension applications, whether made in the UK or overseas, must be filed by 17 February 2026. Settlement applications must be submitted before 17 February 2028. For further details, see: LNB News 17/02/2022 76. This Practice Note is kept in archived form for historical interest and for those with applications pending when the route was closed. Introduction The UK government actively promotes investment in the UK and introduced a visa route...
This Practice Note considers the eligibility criteria for indefinite leave to remain under the Tier 1 ( Investor) category. The Tier 1 ( Investor) category closed to fresh applications, without notice, from 16.00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Holders of existing leave on this route may still prolong their permission, including applying for entry clearance from outside the UK where they have held Tier 1 ( Investor) leave at any point in the 12-month period before the application date, and may pursue settlement. Requests to extend, whether made inside or outside the UK, must be filed by 17 February 2026. Applications for indefinite leave to remain must be submitted before 17 February 2028. Specific timings for each cohort are outlined below. In line with other...
This Practice Note considers the eligibility criteria for a person who has, or was last granted leave under the Tier 1 ( Investor) category when applying for an extension of leave. Initial applications to the Tier 1 ( Investor) route were halted without notice at 16.00 on 17 February 2022, via the Statement of Changes in Immigration Rules CP 632. People with current leave on this route may continue to prolong their stay, including seeking entry clearance from overseas where they have held Tier 1 ( Investor) leave within the 12 months before the application date, and can pursue settlement. Requests to extend, whether filed in the UK or from abroad, must be received by 17 February 2026. Applications for settlement must be lodged no later than 17 February 2028. Further guidance on timelines for each cohort appears below. As part of the...
The Creative Worker route The Creative Worker route allows individuals in the creative industries to perform or take up work in the UK on a temporary basis. To sponsor talent under this pathway, an organisation must hold a Temporary Worker sponsor licence that specifically covers the Creative Worker route. Sponsors may, on an annual basis, request the number of undefined Certificates of Sponsorship ( Co S) they expect to need, and they can also apply for further undefined Co S as necessary throughout the year. Creative artists, entertainers, and their entourage can be admitted initially for up to 12 months, with the possibility, in defined circumstances, of extending their permission up to a maximum total of 24 months. For matters relating to the applicant—such as financial, suitability and validity requirements, the period and conditions of permission, dependants, and other relevant...
Practice Note This Practice Note sets out both points-based and non points-based eligibility criteria and requirements for applications made for entry clearance and permission to stay within the Student route. It does not cover Students seeking to take up a role as a Student Union sabbatical officer. See also Practice Note: Student: period and conditions of permission for further details of the duration and applicable conditions attached to both entry clearance and permission to stay for relevant individuals in the Student route, including work and study restrictions applied under the Student category and its predecessor, Tier 4 ( General)......
This is an archive of Sponsor Guidance for the Student category (known as Tier 4 before 5 October 2020). It spans guidance valid and in force from 5 October 2009, up to and including the current guidance versions. For an archive of Sponsor Guidance Appendices A– G, see Practice Note: Archive of Sponsor Guidance Appendices. Please note this collection also contains Sponsor Guidance concerning Tier 4 Highly Trusted Sponsors, presented in a separate set of guidance between 22 March 2010 and 4 September 2011, shown below. The Highly Trusted Sponsor Status was superseded by the Tier 4/ Student Sponsor Status. For direct links to archived Sponsor Guidance covering 16 September 2008–13 August 2009, see Practice Note: Archive of Sponsor Guidance for Workers and Temporary Workers— Archive of Sponsor Guidance for Tiers 2, 4 and 5. For further guidance on how to use this...
Note: The Start-up route ceased accepting fresh applications on 13 April 2023 (other than where supported by endorsements dated before that day and already obtained). Therefore, anyone seeking to use this route must hold a valid Home Office endorsement issued strictly on or before 12 April 2023. Applications under this category must be lodged within three months of the endorsement date, calculated from the date shown. Consequently, the final day on which an application could be submitted under this route is 12 July 2023. The Innovator Founder route is now the primary pathway for those wishing to establish a business in the UK. For more details, see Practice Note: Applying under the Innovator Founder route for further information. Background The Start-up route entered the Immigration Rules (the Rules) on 29 March 2019. Alongside the Innovator route, it superseded the Tier 1 ( Graduate...
An individual applying for entry clearance, leave to enter, or leave to remain as a standard visitor may appeal if the refusal also amounts to rejecting a human rights claim. As a rule, the Home Office is slow to acknowledge that a visit application engages a human rights claim. Some scenarios plainly do, for example where an overseas national seeks permission to attend care proceedings or an inquest in the UK; however, in numerous applications the impact of refusal—like missing a family holiday—will not be grave enough to trigger ECHR protections. Accordingly, applicants should, so far as possible, ensure visit visa applications satisfy the standard rules and link any human rights representations to the usual Home Office visitor guidance. As explained in Practice Note: Rights of appeal, this reflects the Home Office’s broader stance since the Immigration Act 2014 came into force, whereby it...
This Practice Note sets out frequent pitfalls linked to applications made under the visitor (standard) immigration route that can trigger closer examination of a case and/or lead to refusal. Such pitfalls often relate to matters that may undermine an applicant’s credibility as a genuine visitor. Credibility Many rules in this route focus on an individual’s subjective intentions: to be a genuine visitor, not to work, to depart at the end of the trip, and not to make the UK their base. Demonstrating credibility is crucial for a business visitor and for anyone planning to undertake study. The Home Office will examine the person’s overall situation to decide whether what they intend to do in the UK aligns with the wider evidence. The Home Office’s visit guidance explains to officials how to judge whether an applicant is a genuine visitor. It indicates that the factors for...
Genuineness and eligible role considerations in sponsored worker routes This Practice Note examines genuineness and eligible role issues across sponsored worker routes. These include, among other aspects, whether vacancies/roles genuinely exist, the financial viability of those roles, applicants’ qualifications/registration, the requirements of the job, and the worker’s intended purpose. The relevant criteria are found in the Immigration Rules for the Skilled Worker, Global Business Mobility and Scale-up routes, and also in the Sponsor Guidance that applies to all sponsored work routes. The original 2008 sponsored employment model under the Points- Based System was, in essence, self-certification—employers had to sign up to and maintain stringent compliance arrangements to gain a sponsor licence, after which they could assign their own Certificate of Sponsorship ( Co S), subject to periodic compliance visits and other checks to ensure they continued to meet sponsor duties, including accurate Co S...
This Practice Note presents three case studies exploring varied, practical situations in which licensed sponsors feature in mergers and acquisitions, whether through a relevant transfer under the Transfer of Undertakings ( Protection of Employment) Regulations 2006, SI 2006/246 ( TUPE 2006), or via a sale of shares. It also includes a case study addressing a licence re-organisation. Be aware that the Practice Note does not provide exhaustive information on the applicable sponsor duties, nor does it cover any recommended due diligence to be carried out before completion of the transactions concerned. Rather, it highlights several core, practical considerations and risks, aiming to demonstrate the key principles that govern this topic in a real‑life context. For fuller guidance on the sponsor duties that apply here, and on recommended due diligence, refer to:...
Eligibility for a position under the Skilled Worker route turns on two elements: pay and skill level. For salary, the job must meet or surpass both: the applicable ‘general salary’ threshold, and the applicable minimum ‘going rate’ for the role For skill level, the role must sit within a Standard Occupational Classification ( SOC) 2020 code listed in the relevant table of Immigration Rules, Appendix Skilled Occupations. The route now includes several notable transitional arrangements. These provisions (often termed grandfathering) generally shield individuals who already hold permission, or have a pending application in the route, from changes that might otherwise prevent them from extending, settling, or otherwise negatively impact them. In this context, certain transitional measures apply where a Certificate of Sponsorship ( Co S) was issued before the relevant date, and entry clearance or permission was then granted pursuant to that Co S....
The Skilled Worker route The Skilled Worker route allows UK employers holding a valid sponsor licence to hire, or continue to employ, skilled individuals who are neither British nor Irish nationals. It is the principal route for entry to, and residence in, the UK for employment. The Practice Note: Sponsoring a Skilled Worker reviews the eligibility requirements connected to a sponsor issuing a Certificate of Sponsorship ( Co S), including the necessary skill level and salary. Once a Co S has been issued, and provided the applicant meets all other criteria, they can apply for entry clearance or permission to stay......
The Scale-up route The Scale-up route enables businesses that have posted strong recent growth to secure a Home Office sponsor licence so they can hire highly skilled non- British or Irish nationals who ‘have the skills needed to enable the Scale-up business to continue growing’. This is, at the outset, a sponsored and in name a points-based pathway, brought into the Immigration Rules, Appendix Scale-up, on 22 August 2022. To qualify for a Scale-up sponsor licence, an organisation must meet the core set of key requirements that it: has recorded annualised growth of at least 20% across the prior three-year period, measured by either employment (headcount) or turnover; and had a minimum of ten employees at the beginning of the relevant three-year period Following limited uptake, on 13 April 2023 the Home Office introduced an ‘ Endorsing Body Pathway’ for organisations unable to satisfy the above...
This Practice Note This Practice Note explains how employers should complete a ‘right to work check’ properly, outlining the core actions for both digital and in-person checks, the records that must be kept, and how to plan for follow-up checks. It summarises online and manual routes in parallel, highlights documentation retention duties, and advises on scheduling necessary repeat checks across the employment lifecycle. It also addresses checks for British and Irish nationals using Identity Document Validation Technology through a Digital Verification Service. A right to work check must be undertaken before employment starts, to confirm the individual is permitted to perform the role. When completed correctly, the employer gains a statutory excuse against a civil penalty. For more detail, including which categories of workers require checking, see Practice Note: Right to work checks: when and why. This Practice Note describes the process for right to work...
Immigration advisers and service providers in the UK are subject to regulation. Generally speaking, immigration advisers without legal qualifications must be registered and follow the standards set by the Immigration Advice Authority ( IAA). Before a name change on 16 January 2025, the IAA was known as the Office of the Immigration Services Commissioner ( OISC). Those advising within an organisation properly overseen by a designated professional body, or a designated qualifying regulator (see below), do not presently have to register with the IAA. Registration requirements were brought in amid worries about the standard of immigration advice in the UK. Where an adviser fails to act in a client’s best interests, the impact on that client can be very severe. In R ( Nori) v Secretary of State for the Home Department ( SSHD) the court decided that the applicant could not be excused simply...
ARCHIVED : This Practice Note is no longer updated as it addresses the implementation of EU free movement law in the UK before IP completion day, when domestic legislation giving effect to EU free movement law was 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 Practice Note is kept in an archived state for historical interest, since EU law as formerly implemented in the UK still has relevance in certain narrow circumstances. For historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, consult Legislation.gov.uk. For developments in EU free movement law across EU Member States, see: Immigration, employment & share incentives ( EU...
ARCHIVED This Practice Note is no longer updated, as it concerns the application of EU free movement law in the UK before IP completion day, on which the domestic legislation giving effect to EU free movement law was 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 Practice Note has been kept in archived form for historical interest, as EU law as previously implemented in the UK continues to be pertinent in certain limited circumstances. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see:...
The UK’s future skills-based immigration system A government white paper, ‘ The UK’s future skills-based immigration system’, setting out plans for how the UK’s immigration regime will look after Brexit, was issued on 19 December 2018. The most notable reform proposed is the conclusion of Free Movement for EU citizens. From 31 December 2020 (the end of the implementation period), one set of UK immigration rules will apply to migrants from both the EU and outside the EU. The paper also proposes substantial changes to sponsoring skilled workers under Tier 2 of the Points- Based System, including: removing the overall annual cap on sponsored work visas reducing the skill level for sponsorship from RQF Level 6 to RQF Level 3 abolishing the Resident Labour Market Test cutting red tape for sponsoring employers A broader package of proposals includes: a new, temporary short-term worker route more generous post-study leave for students once their...
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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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