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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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Practice Note This Practice Note brings together links to News Analysis and principal materials and key resources charting the evolution of the ‘single’ post- Brexit immigration regime, which takes effect from IP completion day and applies both to EEA nationals ineligible for the EU Settlement Scheme and to non- EEA nationals. The collection covers Migration Advisory Committee ( MAC) commissions and reports, the May administration’s White Paper, plus assorted reports and commentary from think tanks and other organisations of note and relevance. Numerous elements of the government’s finalised framework are detailed in Statement of Changes in Immigration Rules HC 813 and the accompanying guidance and related guidance. See Practice Note: The post- Brexit immigration system: what will it look like? [ Archived] For an explanation of how EU free movement law ceased to operate in the UK on IP completion day, consult Practice Note: Brexit and the end of...
ARCHIVED This Practice Note is not maintained any longer, 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, subject to specified savings and modifications. For more detail and context, including on 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 is kept in an archived form for historical interest and reference, since EU law as it was formerly implemented in the UK still has relevance in some limited circumstances. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, consult Legislation.gov.uk. For continuing development of EU free movement law in EU Member States, see:...
Practice Note This Practice Note sets out the main procedural requirements for an application for limited or indefinite leave to remain/settlement as a spouse, civil partner or unmarried partner under Appendix FM, Appendix Settlement Family Life (for those seeking indefinite leave to remain on the ten-year route to settlement), or Part 8 of the Immigration Rules. It further covers procedural points relating to the following categories: applications for limited leave to remain by people who presently hold leave as a fiancé(e) or proposed civil partner under Appendix FM, who have since married or entered into a civil partnership and are now seeking leave as a spouse or civil partner applications for further leave as a fiancé(e) or proposed civil partner in the narrow circumstances permitted by the Immigration Rules The Practice Note does not address the substantive eligibility...
The Parent of a Child Student route Under the Immigration Rules, Appendix Child Student, the Parent of a Child Student route allows a parent to travel with, or later join, a child who either already holds, or is concurrently seeking, Child Student permission as defined there. The child must be between four and 11 years old and enrolled at an independent, fee‑paying school in the UK, which cannot be a state school or academy anywhere. This immigration route permits only one parent of the child to be present in the UK. Introduced on 24 April 2015, it replaced the ‘parent of a child at school’ route and at that time was titled ‘ Parent of a Tier 4 ( Child)’. From 5 October 2020, in line with the replacement of the Tier 4 ( Child) category, it adopted the name Parent of a Child...
The International Sportsperson route Created for elite athletes and coaches seeking to work in the UK, this route commenced on 11 October 2021 through Statement of Changes in Immigration Rules HC 617. It replaced the T2 Sportsperson route and the sporting strand of T5 ( Temporary Worker) Creative or Sporting Worker. As a sponsored work category, applicants must be supported by an organisation that holds an A-rated Home Office licence under the International Sportsperson route. This single route now covers both short-term and long-term options. Applications for entry clearance or permission to stay can only be submitted once the applicant has secured an endorsement from the relevant sports governing body and their sponsor has issued a Certificate of Sponsorship ( Co S). Both the sponsor and the applicant should consider any matters relating to the permission application from the outset. For guidance on how...
Practice Note In this Practice Note, the expressions ‘leave to enter/remain’ and ‘permission to enter/stay’ are treated as equivalent. Within the simplified routes of the Immigration Rules, ‘permission’ has replaced ‘leave’, though the earlier term continues to appear in other stay categories and in the governing legislation. This Practice Note sets out what occurs to a person’s leave to enter or remain in the UK when they: travel beyond the UK, the Channel Islands, the Isle of Man and Ireland. This collective area is the Common Travel Area ( CTA). For details on immigration requirements within the CTA, see Practice Note: The Common Travel Area make an in-country application to vary their leave lodge an in-country appeal make an in-country application for administrative review, or withdraw an in-country variation of leave application before it is...
The Creative Worker route The Creative Worker route allows individuals in the creative sector to take up temporary work or performances in the UK. To use this pathway, an applicant must hold sponsorship from a Home Office-approved sponsor specific to this route, with the list of approved sponsors available on GOV. UK. Applications for permission to enter (including under the ‘ Creative Worker concession’), electronic travel authorisation where applicable, entry clearance, and permission to stay may only be submitted after the sponsor has assigned the migrant a Certificate of Sponsorship ( Co S); both sponsor and worker should factor these requirements in from the very start. For more guidance, see Practice Note: Sponsoring a Creative Worker. Under the pre‑ Brexit Points- Based System, up to 1 December 2020, creative workers and sportspersons coming for short-term stays fell within Tier 5 ( Creative and...
The White Paper, ‘ Restoring control over the immigration system’, released on 12 May 2025, sets out a broad suite of major reforms spanning several areas of immigration policy. Many measures align with the Labour government’s commitment to lower net migration, including through a rework of skills policy. This Practice Note distils the principal proposals for business immigration practitioners, offers commentary on potential impacts, monitors implementation as it unfolds, and directs readers to relevant resources. Resources Immigration White Paper heralds significant changes to UK immigration system — LNB News, 12/05/2025, 44 Immigration White Paper—some further indications on timing, and who settlement reforms could affect — LNB News, 13/05/2025, 8 What can sponsors and Skilled Workers do to address the White Paper proposals — Ben Maitland, Senior Associate, Vanessa Ganguin Immigration Law Immigration reform plan creates new headaches for...
Background In December 2015, the Migration Advisory Committee ( MAC)—an independent arm’s length public body advising government on immigration—issued a comprehensive assessment of Tier 2 policy. At that point, Tier 2 encompassed the skilled worker pathways. Among its proposals, the MAC suggested an Immigration Skills Charge ( ISC) to encourage UK employers to ‘reduce their reliance’ on migrant labour and channel resources into training and upskilling domestic workers. The Committee examined this at the government’s specific request, and provision for an ISC already appeared in the Immigration Bill then before Parliament, which later became the Immigration Act 2016 ( IA 2016). The MAC advised that the levy should apply to all sponsoring employers hiring via Tier 2 ( General) and ( Intra- Company Transfer) ( ICT) routes, save for cases where individuals were sponsored under the Graduate Trainee and the (then still...
STOP PRESS: This Practice Note is in the process of being revised to reflect the Statement of Changes in Immigration Rules HC 1691, in particular introducing compulsory refusal of an application for entry clearance or permission, and the cancellation of existing permission, where an individual has been convicted of a criminal offence in the UK or overseas and received a suspended sentence of 12 months or longer. See News Analysis: HC 1691—additional analysis. There are several suitability grounds for refusal that apply to most categories within the Immigration Rules and permit the refusal, and cancellation, of entry clearance, leave to enter or remain—now also referred to as ‘permission’—on the basis of previous criminal offences or other facets of personal conduct judged not to be 'conducive to the public good'. Note that this Practice Note does not address earlier breaches of...
ARCHIVED: This Practice Note has been archived and is not maintained. This analysis reviews the key amendments to the Immigration Rules (the Rules) contained in HC 590 that are relevant to business advisers. The Statement of Changes was published on 14 March 2024, accompanied by an Explanatory Memorandum ( EM). Subscribers can swiftly navigate to particular headings in this Practice Note using the Table of Contents bar on the left. For help on interpreting a Statement of Changes in Immigration Rules, see Practice Note: Sources of immigration law and their legal status. The Statement chiefly delivers: the principal Skilled Worker reforms; the initial uplift to the minimum income requirement for family visa applications, announced in the Home Secretary’s five-point plan for Legal Migration in December 2023; an update to the Standard Occupation Classification ( SOC) code system to SOC...
This review examines the principal modifications to the Immigration Rules (the Rules) contained in HC 2631, outlining their scope and effect and context within the wider framework for practitioners and applicants alike. Published on 9 September 2019 with an Explanatory Memorandum, it addresses: The changes fall into distinct areas, summarised below of these measures. amendments to the EU Settlement Scheme (the Scheme), including: expanding arrangements for relatives of EEA nationals who have since naturalised as British, as well as for those of Irish nationals, respectively revisions concerning the measures for relatives of UK citizens returning from an EEA Member State or Switzerland on their return allowing applicants to seek administrative review where their Scheme status was cancelled at the border, or where they were...
This note reviews the principal amendments to the Immigration Rules (the Rules) introduced by HC 1849. HC 1849 was issued on 20 December 2018 together with an Explanatory Memorandum. The amendments concern applications under the EU Settlement Scheme (the Scheme) and include: changes to the eligibility criteria for administrative review changes to the evidential requirements for family members changes to the suitability criteria Readers can navigate swiftly to specific sections via the Table of Contents panel on the left side of the screen. Implementation Unless stated otherwise, the amendments apply to applications lodged on or after 21 January 2019, when the Scheme reopens to certain members of the public. Applications submitted between 1 November 2018 and 22 December 2018 (the second phase of the pilot scheme) will be determined in line with the Rules that were in force on 21 December...
Analysis This review examines the key amendments to the Immigration Rules (the Rules) contained in HC 719 of relevance to business advisers. The Statement of Changes was laid on 18 October 2022, accompanied by an Explanatory Memorandum ( EM). The written Ministerial Statement by Tom Pursglove, Minister of State for Immigration, is available. Subscribers can jump directly to the relevant sections of this Practice Note via the Table of Contents pane on the left of the screen. Published several weeks later than the customary Autumn tranche, the Statement introduces few major policy shifts, aside from further enlargement of the Hong Kong ( BNO) route and the creation of a new Appendix Temporary Permission to Stay for Victims of Human Trafficking and Modern Slavery. This likely reflects the marked political turbulence preceding the Home Secretary’s resignation the day after...
This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 667 that are likely to be of most interest to business immigration advisers HC 667 was issued on 3 November 2016, accompanied by an Explanatory Memorandum ( EM). The Statement of Changes had been long heralded, after the government signalled on 24 March 2016 that it would bring in its first set of Tier 2 reforms in ‘ Autumn 2016’, following consideration of the Migration Advisory Committee’s reports on its review of Tier 2 and its partial review of the shortage occupation list: Review of nursing. Through HC 667 these Tier 2 measures are enacted, alongside a suite of technical amendments across multiple categories, notably substantive revisions to the Rules on the validity of applications for leave to remain, overstaying, and evidential flexibility within Points- Based System ( PBS)...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a package aimed at cutting lawful migration to the UK. Among these steps, for Appendix FM applications on the ‘five-year route’, the standard minimum income requirement for initial applications would increase from £18,600 to £29,000 in Spring 2024. That uplift was implemented through amendments to the Immigration Rules with effect from 11 April 2024. Two further rises had been anticipated, however the Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to assess these financial thresholds, and its review has now been issued. A refreshed financial requirement is expected to be announced in due course. For further guidance, see Practice Note: Immigration calendar. This Practice Note provides tables setting out eligibility criteria for entry clearance applications under Appendix FM and Part 8 of the...
Creative Worker route – Certificates of Sponsorship from 16 May 2024 For entry clearance or permission applications lodged on or after 16 May 2024, a sponsor issuing a Certificate of Sponsorship under the Creative Worker route must ensure one of the following applies: The applicant adheres to the applicable Code of Practice, if one exists for the role; or If no such Code of Practice applies, the applicant must: be undertaking a creative industries role listed in Immigration Rules, Appendix Skilled Occupations; and be able to show they will make a distinctive contribution to creative life in the UK. Before this amendment, where no relevant Code of Practice was available, the role either needed to be on the Shortage Occupation List ( SOL) (which was...
This review outlines the key updates to the Immigration Rules (the Rules) introduced in CP 232. Published on 14 May 2020, CP 232 was accompanied by an Explanatory Memorandum ( EM). The package notably covers: further limitations on the Representative of an Overseas Business route a range of revisions to the Start-up, Innovator and Global Talent pathways in Appendix W of the Rules changes to the EU Settlement Scheme, including broadening eligibility to additional victims of domestic abuse, and to family members of people born in Northern Ireland You can jump straight to particular subjects via the Contents bar on the left-hand side of the screen. Implementation Except where indicated, the updates apply to applications submitted on or after 4 June 2020. Applications filed (or supported by a Certificate of Sponsorship or an assigned endorsement) before this date will be decided under the Rules in effect on 3 June 2020....
The Global Talent route The Global Talent route aims to bring in leading figures in specified fields, as well as individuals showing the promise to become leaders. The covered fields include: arts and culture (such as architecture, fashion design, and film and television) digital technology science, engineering, humanities and medicine This route sits within the Immigration Rules at Appendix Global Talent, which took effect on 1 December 2020, following the Statement of Changes in Immigration Rules HC 813. Before this, it appeared in Appendix W and, for the most part, succeeded the Tier 1 ( Exceptional Talent) route, which stopped accepting new applications and extensions from 20 February 2020. Holders of permission under Tier 1 ( Exceptional Talent) must pursue settlement via the Global Talent route when they meet the eligibility criteria. Anyone wishing to prolong their permission is required to switch to the...
This review sets out the key updates to the Immigration Rules (the Rules) in HC 1138 that are most relevant to business immigration advisers, and incorporates later changes to HC 1138 introduced by HC 1201... HC 1201 Issued on 1 April 2014, before HC 1138 took effect, HC 1201 addressed minor defects in HC 1138, such as typographical mistakes and several inaccuracies in implementation dates. It also made two substantive corrections: the deletion of an amendment to Appendix A, para 111(d)(i)(2) that would have restricted roles in the Tier 5 ( Temporary Worker) Religious Worker subcategory from including preaching or pastoral work the re-introduction of references to grants of leave for persons whose last leave was as a qualifying work permit holder to the relevant paragraph (245GE) concerning maximum leave grants for those in the Tier 2 ( Intra- Company Transfer)...
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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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