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
ARCHIVED : this Practice Note is not maintained, as it concerns the application of EU free movement law in the UK before IP completion day, on which date domestic legislation giving effect to EU free movement was revoked, subject to specified savings and modifications. For more details, 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, because EU law as formerly implemented in the UK remains pertinent in certain limited situations. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the continuing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives ( EU...
The process permits the removal of a non‑ British citizen from the UK and prevents their lawful return. Authority to deport is contained in sections 3 and 5 of the Immigration Act 1971 ( IA 1971) and sections 22–35 of the UK Borders Act 2007 ( UKBA 2007). These provisions provide the legal framework for such action. A deportation order has several consequences: it compels the person to leave the UK it automatically cancels any leave to enter or remain—whether granted before the order is made or while it stays in force it bars the person from re‑entering the UK unless, and until, the order is revoked The deportation process must be distinguished from administrative removal (see Practice Note: Administrative removal). Some deportation decisions give rise to a right of appeal. In other instances, the sole legal challenge may be by way of...
This Practice Note sets out the general eligibility criteria for Child Student applications for entry clearance and permission to stay. For guidance on the length and conditions linked to entry clearance and permission to stay in the Child Student route, see Practice Note: Child Student: duration and conditions of permission. Key resources at a glance Immigration Rules Immigration Rules, Introduction, para 6.2(b) ‘ Child Student’ Immigration Rules, Appendix Child Student Immigration Rules, Appendix Finance Home Office guidance Student and Child Student caseworker guidance Student Sponsor Guidance Financial evidence for Student and Child Student route applicants guidance ...
The transport sector has a number of legal duties when bringing passengers into the UK. These are: to thoroughly verify passengers’ travel documents to stop clandestine entrants to the UK, including making sure commercial goods vehicles are properly secured to submit the specified advance electronic information to UK Border Force about passengers or crews of ships or aircraft to seek and obtain authority to carry a passenger to the UK under the Authority to Carry Scheme 2023 There are also various miscellaneous offences linked to carrier activities. Charges in relation to passengers without proper documents for passengers without proper documents UK Border Force, acting on behalf of the Secretary of State for the Home Department ( SSHD), may impose a fixed penalty of £2,000 on the owner of a ship or aircraft where a passenger arrives in the UK without the...
This Practice Note summarises the background to the citizens’ rights dimension of the UK’s withdrawal from the EU. It also collates links to News Analysis and other core materials tracing the negotiations that led to the signature of the Withdrawal Agreement and the creation of the EU Settlement Scheme—by which the UK government gave effect to the citizens’ rights provisions—prior to the close of the transition period... Citizens’ rights: withdrawal agreement and settled status This Practice Note brings together News Analysis and key materials relating to: the pertinent Withdrawal Agreement negotiations and the concluded position on citizens’ rights the design and implementation of the EU Settlement Scheme (including concerns raised at the time by third parties and NGOs) EEA citizenship and dual citizenship—relevant where clients are contemplating applications for British citizenship or for citizenship of an EEA state or...
What is a Biometric Immigration Document? A Biometric Immigration Document ( BID) is the principal record that allows the holder to demonstrate their biometric and biographical details, immigration status, any conditions on their stay, and entitlement to public funds in the UK. It can also show the holder’s National Insurance number (for individuals on Worker routes) and whether NHS treatment is chargeable. With the shift to digital status, all BIDs are now issued in electronic form as an e Visa. The only exception is entry clearance for six months or less, such as a Visitor visa, although these will likewise move to e Visas in due course. An e Visa is an electronic record of status. The holder must have an online UK Visas and Immigration ( UKVI) account so that they, and authorised third parties, can access their e Visa. Once a UKVI...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, former Conservative Home Secretary James Cleverly MP set out a comprehensive package of steps aimed at cutting lawful migration to the UK. Among them, for 'five-year route' Appendix FM cases, was an uplift to the standard minimum income requirement for initial applications, increasing from £18,600 to £29,000 in Spring 2024. That adjustment was implemented through amendments to the Immigration Rules, from 11 April 2024. Two further increases were anticipated in time, however the new Labour Home Secretary, Yvette Cooper MP, instructed the Migration Advisory Committee to scrutinise these financial thresholds. Its report has been issued in the public domain and the updated financial requirement will be confirmed later in 2025. For more detailed information and context, see Practice Note: Immigration calendar......
The Immigration Rules, Appendix FM Appendix FM to the Immigration Rules outlines the family visa pathways available to partners, children and parents. Other appendices prescribe provisions for adopted children, bereaved partners and those who have experienced domestic abuse. An application under Appendix FM for leave as a partner, parent or child is ordinarily regarded as carrying an inherent human rights claim (for example, see Immigration Rules, Appendix AR, paragraph AR3.2(c)(viii)). For further guidance, see Practice Notes: Article 8 ECHR in immigration applications and Applying for leave outside the Rules. For partner applications, see: Partners—overview, and for child applications, see: Children—overview. This Practice Note addresses applications made under Appendix FM for entry clearance, and for limited and indefinite leave, as the parent of a child in the UK. Eligibility on this route depends on the immigration status of the child in the UK and the nature of the...
FORTHCOMING DEVELOPMENTS: On 4 December 2023, the then Conservative Home Secretary, James Cleverly MP, unveiled a package of steps designed to bring down lawful migration to the UK at that time. In relation specifically to Appendix FM applications on the ‘five-year route’, the standard minimum income threshold for initial applications was set to rise from £18,600 to £29,000 in Spring 2024. That increase was implemented through amendments to the Immigration Rules, taking effect from 11 April 2024. Two further uplifts were originally planned to follow; however, the Labour Home Secretary, Yvette Cooper MP, asked the Migration Advisory Committee to examine these financial rules, and, after its report, a fresh announcement on the financial requirement is expected in due course. For additional details, see Practice Note: Immigration calendar. A central reform brought in by Appendix FM was the creation of financial...
UK Ancestry UK Ancestry offers a pathway to enter and remain in the UK for Commonwealth citizens with a UK-born grandparent who intend to work in the UK. This route is widely viewed as appealing because: it does not require sponsorship by a UK-based employer, a process that can be expensive and onerous there is no English language requirement for entry to the UK it permits the principal applicant to bring their dependent partner and children to the UK it leads to settlement in the UK after five years Although the Immigration Rules for the route were streamlined from 1 December 2020 for the post- Brexit immigration system via the Statement of Changes in Immigration Rules HC 813, few substantive policy changes were introduced. Previously found in Part 5 of the Rules, the route still has no points...
This Practice Note sets out a chronology of major amendments to the eligibility rules for Tier 2 ( General), covering the period from April 2012 up to its replacement by the Skilled Worker route at 9 am on 1 December 2020. Since its late 2008 launch, the criteria were revised on many occasions over time. The principal updates from 6 April 2012 are listed below for historical reference. Consult the relevant Statement of Changes document for full particulars of the amendments and their specific implementation details in the Immigration Rules. For the timeline of key developments after the Skilled Worker route took effect, see Practice Note: Skilled Worker—timeline of key changes. For advice on accessing prior versions of the Immigration Rules and Home Office guidance, see Practice Note: Locating guidance and using archives for immigration research. A complete record of all Tier 2 (...
ARCHIVED : The Tier 1 ( Investor) category was closed to initial applications, without warning, from 16:00 on 17 February 2022 through Statement of Changes in Immigration Rules CP 632. Applicants with existing permission in this route can still seek to extend their leave, and may apply for entry clearance from outside the UK if they have held Tier 1 ( Investor) leave within the 12 months before the date of application, as well as apply for settlement. Extension applications, whether made in the UK or abroad, must be lodged by 17 February 2026. Applications for indefinite leave to remain must be submitted by 17 February 2028. For additional details, see: LNB News 17/02/2022 76. This Practice Note—last updated before the post- Brexit work and study routes introduced in December 2020 via Statement of Changes in Immigration Rules HC 617—has been kept in...
The following key resources are available, delivering practical commentary, legislation, rules and guidance for immigration lawyers working in private practice or in-house. Please be aware that the listed titles are accessible only with the appropriate subscription(s). Commentary These materials are of general interest to lawyers who need to research the relevant subject areas: Macdonald’s Immigration Law and Practice — The foremost text covering every dimension of immigration, asylum and nationality law and practice, with analysis, supporting legislation and case law Fransman’s British Nationality Law — An authoritative commentary on British nationality law, alongside connected immigration and human rights matters Journal of Immigration, Asylum and Nationality Law......
Practice Note This Practice Note summarises the guidance documents concerning sponsors of students under the Student and Child Student routes, and sets out the potential statuses a student sponsor may hold. It also addresses key issues around the student sponsor licence and relevant case law. All Students and Child Students must be sponsored by a student sponsor, which the Immigration Rules define as a sponsor listed on the Home Office register of licensed sponsors. Since 5 October 2020, sponsors of both Students and Child Students have been called 'student sponsors' (in the Immigration Rules) or ' Student sponsors' (in guidance). Before then, Tier 4 sponsors sponsored Tier 4 ( General) and Tier 4 ( Child) students. For further information on these changes, see: LNB News 10/09/2020 99. Since then, terminology has evolved, some requirements have become less restrictive, and Legacy sponsorship has ended. Note that all...
This review examines the principal amendments to the Immigration Rules (the Rules) set out in HC 1496. The Statement of Changes was issued on 17 July 2023, accompanied by an Explanatory Memorandum ( EM). Subscribers can quickly move to specific headings in this Practice Note via the Table of Contents bar on the left of the screen. For guidance on reading a Statement of Changes in Immigration Rules, see Practice Note: Sources of immigration law and their legal status. Immediate alterations for individuals switching from the Student route to work routes, well in advance of the previously signposted January 2024 date. Major updates to the EU Settlement Scheme, including enabling the first phase of implementation of the IMA judgment, revising how late applications are handled, and closing the scheme to new Zambrano and Surinder Singh applicants. ...
The International Sportsperson route This route caters to elite sportspeople and coaches aged 16 or above who meet the following criteria: are recognised internationally at the highest level; and whose role will make a significant contribution to advancing their sport at the top level in the UK Sports players and coaches have few immigration options, as the Skilled Worker, Global Business Mobility and Scale-up routes expressly exclude these occupations. In addition, most other work, investment and study categories contain conditions that forbid employment as a professional sportsperson or coach. In most such routes, dependants are bound by the same restriction. The International Sportsperson route took effect on 11 October 2021 via the Statement of Changes in Immigration Rules HC 617, replacing T2 Sportsperson and the sporting limb of T5 ( Temporary Worker) Creative or Sporting Worker. Between 1 December 2020 and 10 October 2021, these two...
STOP PRESS: This Practice Note is currently being updated for changes to the Sponsor Guidance which came into force on 6 March 2026. See News Analysis: Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026. When can the Home Office carry out a visit or digital compliance inspection? The Home Office may conduct compliance visits to a licensed sponsor’s premises, or any location the sponsor controls, at any time, with or without notice. It might also attend addresses where sponsored workers will be, or are, carrying out their duties, which can include a third party’s site. Where that applies, officials will expect to review evidence of arrangements between the sponsor and the third party that secure the third party’s full co-operation. Such checks can happen at short notice, whether announced or unannounced. The sponsor must make sure any such third party...
STOP PRESS The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) obtained Royal Assent on 26 October 2023. Its purpose is to bolster corporate openness in the UK, chiefly via Companies House reforms and revisions to elements of the Companies Act 2006. It further aims to update the regime for limited partnerships and confer stronger powers to address economic crime. ECCTA 2023 will be implemented in phases over time. A number of measures took effect on 4 March 2024 and could affect this content. For more detail, consult Practice Notes: Implementation of the Economic Crime and Corporate Transparency Act 2023 and The Economic Crime and Corporate Transparency Act 2023—tracker, with particular reference to the legislation and consultation tracker......
This Practice Note sets out a timeline of significant shifts in eligibility rules for the Skilled Worker route, which superseded the Tier 2 ( General) category from 9 am on 1 December 2020. This Note is supplied for historical reference purposes, reflecting the many amendments introduced since the route’s inception. For comprehensive particulars of amendments and their precise commencement provisions, please consult the most relevant Statement of Changes in full. For further guidance on how to retrieve earlier versions of the Immigration Rules and Home Office materials, see Practice Note: Locating guidance and using archives for immigration research. For a chronology of principal changes to the former Tier 2 ( General) route, see Practice Note: Tier 2 ( General): timeline of key changes from 2012. 1 December 2020 On 1 December 2020, the Skilled Worker route wholly and definitively replaced Tier 2 (...
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
