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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 review outlines the main changes to the Immigration Rules (the Rules) set out in HC 628 that are likely to be of greatest interest to business immigration advisers. It summarises implementation dates and the corresponding decision-making approach for relevant applications made before those dates. Amendments concerning Knowledge of Language and Life in the UK ( Ko LL) apply from 28 October 2013; applications lodged before that date will be determined under the Rules in force on 27 October 2013. The changes concerning the countries and territories participating in the Tier 5 ( Youth Mobility Scheme), and their allocation of places for 2014, take effect from 1 January 2014. All other modifications commence on 1 October 2013. In the majority of cases, where an applicant submitted a request before this date, it will be decided in accordance with the Rules effective on 30 September 2013. Where any...
This analysis summarises the key amendments to the Immigration Rules introduced by the Statement of Changes in Immigration Rules HC 244. These come into force on 1 July 2013 and will apply to all applications decided on or after that date, unless specified otherwise. References to HC 1039 relate to the Statement of Changes in Immigration Rules HC 1039, which largely took effect on 6 April 2013. A number of revisions in HC 244 are intended to rectify errors found in HC 1039. English-language requirements Appendix O— List of approved English-language tests Appendix O of the Immigration Rules sets out the list of English-language tests accepted for meeting the English-language requirement for limited leave to enter or remain under the Rules. Appendix O has been replaced in full, and the updated version covers English-language tests endorsed by the Home Office; previously, these tests were...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1919 HC 1919 was published on 7 March 2019, together with an Explanatory Memorandum. It addresses: the launch of the Start-up and Innovator routes in Immigration Rules, Appendix W, for applicants aiming to establish a business in the UK. These fresh routes replace Tier 1 ( Graduate Entrepreneur) and Tier 1 ( Entrepreneur). A key feature of both is endorsement by trusted UK organisations—such as business accelerators, seed competitions, government agencies and higher education providers—who will evaluate business proposals for innovation, viability and scalability revisions to Tier 2 ( General) under the Points Based System, including: eligible Tier 4 students switching to Tier 2 may apply up to three months before the anticipated completion of their course, rather than...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1118. The Statement of Changes was laid on 15 March 2022, accompanied by an Explanatory Memorandum ( EM). Subscribers can swiftly move to particular sections of this Practice Note using the Table of Contents on the left-hand side of the screen. The key substantive developments include: Launch of the previously signposted ‘ Plan for Growth’ routes Overhaul and rebranding of four existing sub-categories, plus a new secondment strand within the Global Business Mobility visa routes Introduction of the Scale-up and High Potential Individual routes For some of these new pathways, crucial practical details will only be confirmed when the Sponsor Guidance is released, typically on the date the changes take effect. There is also a new Appendix Settlement Family Life, presenting in simplified form the Rules for...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 2099. Issued on 1 April 2019, alongside an Explanatory Memorandum, HC 2099 introduces technical revisions to the Immigration Rules, Appendix EU, and the Immigration Rules, Appendix AR ( EU), including: removing 29 March 2019 as the specified date for exit day updating the list of decisions eligible for administrative review to include those made under the Immigration Rules, Appendix EU ( Family Permit) amending the wording in the Immigration Rules, Appendix AR ( EU) so decisions for both leave to enter and leave to remain......
This Practice Note This Practice Note provides, in table form, the specified evidence needed for a person’s employment earnings to be counted towards the minimum income threshold on the five-year route to settlement under Appendix FM of the Immigration Rules. It must be considered alongside the following Practice Notes: Minimum income threshold: Categories A and B: employment—step by step—which explains in detail whose income, what types of employment income, and the ways in which it can be relied upon Minimum income threshold: what you need to show and the general operating principles—which gives further guidance on eligible income and the general rules governing the format of specified evidence The core requirements for specified evidence relating to income from employment are primarily set out in the Immigration Rules, Appendix FM- SE, paragraphs 2–6. Where the table indicates that particular documents are not...
This Practice Note offers an overview and signposts to the principal Acts that contain immigration provisions. It also brings together links to essential materials and websites frequently used by UK immigration advisers during research, including: the Immigration Rules, policy guidance, immigration statistics sources, the Home Office’s timeline of immigration changes, sector bodies. For details on the legal status of core sources of immigration law, such as the Immigration Rules and policy guidance, and related issues like how to read consolidated statutes and the Statement of Changes in Immigration Rules, see: Practice Note: Sources of immigration law and their legal status. See Practice Note: Locating guidance and using archives for immigration research for guidance on researching superseded law and guidance documents. Important note: When accessing UK legislation or the Immigration Rules below, use the table of contents bar at the bottom of the...
Pre-2025 Development Illegal Migration Act 2023 ( IMA 2023) Gained Royal Assent on 20 July 2023, with some parts effective immediately; remaining provisions have been commenced by regulations. Passed under the former Conservative administration. In July 2024, the new Labour government introduced regulations altering the application date of the section 2 duty to remove. Rather than applying retrospectively to anyone arriving on or after 20 July 2023 (the date of Royal Assent), the duty now takes effect from the date on which section 2 commences. This change suspends the Act’s prohibitions on leave to remain and on citizenship for individuals who arrived in the UK after 20 July 2023 and met specified criteria. Key date(s) 20 July 2023: Royal Assent; staggered commencement through regulations. Further reading News Analysis: Implications of the Illegal Migration Act for all immigration cases Illegal Migration Act 2023 ( Commencement No 1) Regulations 2023, SI...
ARCHIVED: This year’s round-up surveys the standout developments of 2017 and looks ahead to what 2018 may bring. Over 2017 there were amendments to the Immigration Rules affecting Tier 2, partner and child routes; the arrival of the EEA Regs 2016; Supreme Court judgments on the ‘deport now, appeal later’ approach and on Article 8 under the ‘new’ 2012 Rules (including the minimum income threshold); and a broader roll-out of hostile environment measures. For 2018 we expect definitive clarification on the status of resident EEA/ Swiss nationals and their third country national family members in light of Brexit (following the 8 December 2017 agreement on the citizens’ rights phase), the launch of the ‘settled status’ application process, a new Immigration Bill—potentially distinct from a new Withdrawal Agreement Bill—and further changes to the Immigration Rules. We also provide updates to Lexis Nexis®’s content,...
Crew serving on aircraft, ships and Channel Tunnel trains, together with diplomats and some members of armed forces, are usually either: wholly exempt from UK immigration control partially exempt from UK immigration control exempt from needing entry clearance and leave to enter the UK Overview of exemption from immigration control Full exemption A full exemption from immigration control allows individuals to enter and stay in the UK and prevents deportation for as long as the exemption applies. Those who are fully exempt include: members of diplomatic missions certain consular employees senior officials of specified international organisations Partial exemption Persons with partial exemption are not subject to UK immigration control but can still be deported. Those covered include: consular employees members of governments employees of specified international organisations members of relevant armed forces the spouse or a child under 21 of...
This Practice Note sets out how to contact the principal government offices and other organisations involved in administering immigration control in the UK. It also highlights relevant sector bodies. The Home Office Home Office organisational structure Details of the Home Office’s organisational make-up are publicly accessible via the DATA. GOV. UK website. The material is presented as an interactive organogram (an organisational structure chart) and covers: job titles names of senior post-holders salary ranges for all roles reporting lines for each position General enquiries for applications made in the UK An online contact tool is available for a range of matters, including contact details for specific listed topics such as the webchat service for help with accessing an e Visa. For general queries about applications lodged in the UK: Tel: 0300 790 6268, choose option 2, 09:00–16:45, Monday– Thursday; 09:00–16:30, Friday (excluding bank...
This Practice Note explains: the available appeal rights and the tribunal’s remit where appeals are heard (in-country or out-of-country) the arguable grounds of appeal submissions of additional grounds issues the tribunal must address, including any new matters, and how the right of appeal is notified This Practice Note excludes appeals concerning decisions on applications or leave under the EU Settlement Scheme ( EUSS). For EUSS guidance, refer to Practice Note: Dealing with a refusal under the EU Settlement Scheme. Human rights and international protection Not every decision of the Secretary of State for the Home Department ( SSHD) affecting an individual’s immigration position attracts a right of appeal to the First-tier Tribunal ( Immigration and Asylum Chamber). Instead, appeal rights are statutory and arise only in defined situations. Under section 82 of the Nationality, Immigration and Asylum Act 2002 ( NIAA 2002), a...
This Practice Note It explores the hands-on issues involved in handling an illegal working civil penalty for an employer. It addresses key triggers for a civil penalty and explains the process for issuing, paying, and contesting such penalties. It outlines what events can trigger enforcement action and sets out how notices are served, how liabilities are settled, and how objections or appeals can be pursued. It is intended for employers dealing with such matters in practice. Under section 15 of the Immigration, Asylum and Nationality Act 2006 ( IANA 2006), employers can be fined for employing adults who are subject to immigration control unlawfully. Notably, on 13 February 2024 the cap for repeat offences was increased threefold from £20,000 to £60,000, and a revised associated statutory code of practice commenced the same day. At that point, the first-breach maximum also rose three times over, moving from...
Sponsor organisations must notify the Home Office of a range of organisational changes. The process for submitting a report, and who is responsible for doing so, varies with the nature of the change. See Practice Note: Downgrading and revocation of Workers and Temporary Workers sponsorship licences for more on the penalties a sponsor may face for failing to meet these reporting obligations... Changes that must be notified on the Sponsorship Management System These changes should be submitted by a Level 1 user through the Sponsorship Management System ( SMS), using the ‘request changes to licence details’ or ‘ Manage Level 1 and 2 users’ functions. A Level 2 user cannot carry this out. With the exception of replacing an authorising officer or key contact, every listed change must be reported within 20 working days of the relevant event. The Sponsor Guidance notes that the Home Office may...
Using this Practice Note This page sets out an A– Z of Home Office application forms for submissions from within the UK, with, where applicable, links to a fully editable, saveable Lexis®Smart version of each form (see below). Where applications are completed online, you’ll also find the relevant links. For certain permission to stay routes, the link directs you to the GOV. UK page for the Home Office online tool used to extend stay in that route. That page features an ‘apply’ button leading to the form. For switching, the same form is generally used, and the tool can be used to navigate to the switching page. Using Lexis®Smart versions of Home Office forms and checking they are up-to-date When the Home Office releases a new PDF version of a form, it does not supply Lexis Nexis® with an advance copy....
This Practice Note provides a spreadsheet to work out Home Office charges, including the immigration health surcharge, for applications covering entry clearance, permission to stay and settlement across a range of common business and personal immigration routes. It also details the fees for sponsoring migrant workers when the adviser is acting for the sponsor in specified routes. These comprise: the sponsor licence fee the immigration skills charge the cost of assigning a Certificate of Sponsorship ( Co S) The calculator is designed to save time at onboarding and during new client enquiries, with total amounts and itemised breakdowns ready to paste into an email. Do note that the tool does not encompass every immigration route or scenario; it focuses on the frequent routes relevant to business immigration advisers in everyday practice. It is not exhaustive and is aimed at adviser use. The...
Overview The Global Talent route is intended to draw established leaders in their field across specified disciplines, together with those who demonstrate the potential to become leaders. The disciplines include: arts and culture (including architecture, fashion design, and film and television) digital technology science, engineering, humanities and medicine From 1 July 2026, the route will be expanded to incorporate a standalone design pathway encompassing additional design roles. It is now set out in the Immigration Rules as Appendix Global Talent, which came into force on 1 December 2020 and was introduced by the Statement of Changes in Immigration Rules HC 813. Previously, it was contained in Appendix W of the Immigration Rules, and it largely replaced the Tier 1 ( Exceptional Talent) route, which was closed to new applicants and to those extending their stay from 20 February...
Forthcoming developments: In December 2025, the Migration Advisory Committee released its review of salary requirements for work visas, advising that the general and occupation‑specific salary thresholds in the Senior or Specialist route should be pegged to the median earnings of eligible occupations. For the Graduate Trainee route, the Committee proposes a single salary threshold of £33,400, aligned with the Skilled Worker new entrant rate, and calls for the removal of occupation‑specific rates. See: LNB News 17/12/2025 33. Senior or Specialist Worker and Graduate Trainee are Global Business Mobility routes that, from 11 April 2022, replaced the Intra‑ Company Transfer and Intra‑ Company Graduate Trainee routes respectively. The Senior or Specialist Worker route permits organisations with overseas linked entities to move established employees to their UK offices to perform skilled roles. For sponsorship fee purposes, it is treated as a Worker route, and partners in...
This Practice Note applies to sponsor licence applications in the Global Business Mobility ( GBM)— Senior or Specialist Worker, Graduate Trainee and UK Expansion Worker routes. It explains the definitions and ways to prove the ‘qualifying overseas business link’ that must exist between a UK company or branch and each overseas entity from which it intends to move staff under these routes. The Practice Note also describes the other evidence to be included with a UK Expansion Worker sponsor licence application relating to the overseas enterprise: the UK footprint requirement, overseas trading presence and a credible expansion plan. What is a qualifying overseas business link? Where a UK-based organisation, or a branch of an overseas company, seeks a sponsor licence in the Senior or Specialist Worker, Graduate Trainee or UK Expansion Worker routes, it must clearly demonstrate that there is a qualifying...
STOP PRESS: This Practice Note is in the process of being revised to reflect the Sponsor Guidance amendments that took effect on 6 March 2026. See News Analysis: Detailed list of the Home Office’s Sponsor Guidance changes of 6 March 2026. Forthcoming developments: In December 2025, the Migration Advisory Committee issued its review of work visa salary rules, proposing that both the general and occupation-specific thresholds for the UK Expansion Worker route be aligned to median pay for eligible roles. See: LNB News 17/12/2025 33. The UK Expansion Worker route sits within Global Business Mobility ( GBM) and caters for senior managers or specialists temporarily posted to the UK to establish a branch or wholly owned subsidiary of an overseas enterprise. It superseded the Sole Representative provisions under the Representative of an Overseas Business route for first-time applicants on 11 April 2022. It is available solely where the...
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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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