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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 Practice Note provides commentary on the documents that an employer may accept when undertaking a manual right to work check For details on when and why a right to work check is required, see Practice Note: Right to work checks: When and why. The UK has shifted to digital immigration status for non- British and non- Irish nationals. From 6 April 2022, employers were no longer allowed to accept or review physical Biometric Residence Permits ( BRPs), Biometric Residence Cards ( BRCs) or Frontier Worker Permits as proof of right to work, even if a later expiry was printed. Instead, an online check must be completed for these individuals. Those documents enabled holders to generate a share code before they were able, during 2024, to create a UK Visas & Immigration account to access their e...
Where an employer is found to have employed someone unlawfully in the UK, they may face civil penalties and/or criminal sanctions. For further information, see Practice Notes: Illegal working: dealing with a civil penalty and Illegal working: dealing with a criminal allegation. Alongside civil and criminal measures, a sponsor licence holder may have its licence revoked if illegal working is established. The employer can also sustain reputational damage and adverse publicity (eg being ‘named and shamed’ by the government), which can harm the business’s prospects of winning tenders or contracts. To limit these risks, employers must have rigorous processes and procedures to check every employee’s right to work before they start, and conduct repeat checks as required throughout the employment relationship. Employers also need to recognise and address any allegations of illegal working (or potential illegal working) during employment. In doing so, they should remain...
STOP PRESS This Practice Note is being revised to reflect amendments to the Sponsor Guidance that took effect on 6 March 2026. See News Analysis: Detailed list of Home Office’s Sponsor Guidance changes of 6 March 2026. This Practice Note examines why employers must undertake ‘right to work’ checks and the points at which such checks are required. It also addresses when such checks ought to be undertaken by employers. Why should employers conduct right to work checks? Illegal employment It is unlawful to employ an adult subject to immigration control who has: not been granted permission to enter or remain in the UK, or permission that is invalid, expired, or has otherwise ceased to have effect (eg cancelled or curtailed), or which carries a condition preventing the taking up of employment A contravention will arise, even where the employer is unaware of the...
When does indefinite leave lapse by operation of law? Individuals in the UK with indefinite leave: face no cap on the length of time they may reside in the UK, and cannot have conditions attached to their stay—such as limits on working or claiming social security—imposed for immigration reasons. For guidance on conditions that can be attached to permission, see Practice Note: Conditions of permission to enter or stay in the UK. Even so, those holding indefinite leave still enter and remain in the UK by permission and therefore continue to be subject to immigration control. The term is commonly described as settlement, settled status, or permanent residence in the UK. In this Practice Note, ‘indefinite leave’ is used to mean leave with no limit on its duration, as defined in the Immigration Act 1971 ( IA 1971). The expression ‘settled’, which appears across...
This Practice Note is designed to help immigration advisers research whether EEA countries and Switzerland permit dual or multiple nationality. It may assist advisers whose clients are contemplating applications for British citizenship or for citizenship of another EEA country or Switzerland, particularly following the UK’s departure from the EU. Each country sets its own criteria for who may acquire citizenship and whether dual or multiple citizenship is allowed. As these rules can change, the latest information should be obtained and confirmed. Clients should also be encouraged to consider whether applying for citizenship could have tax or other consequences, including any impact on the citizenship or immigration status of their family members. EEA citizens and British citizenship Some EEA nationals might already be British citizens without needing to apply, for example if they were born in the UK in certain...
This Practice Note This Practice Note describes the range of routes that have existed to challenge an unfavourable decision made under, or linked to, the EU Settlement Scheme, noting they have not all been available throughout the Scheme’s life, nor at the same time. At different stages, the avenues have included: submitting a new application administrative review appeal judicial review Before the UK’s departure from the EU at 11 pm on 31 January 2020 (‘exit day’), there was no right of appeal to the First-tier Tribunal ( Immigration and Asylum Chamber) against any decision connected with the EU Settlement Scheme. An administrative review mechanism did operate for certain decisions under the Immigration Rules, Appendix EU, and for the cancellation of leave granted under that Appendix, but there was no equivalent for family permit decisions made under the...
Applying to register a minor child as a British citizen You need only apply to register a minor as a British citizen where they have not obtained citizenship automatically. Before submitting any application, checks should be undertaken to confirm the child does not come within an automatic acquisition category. If citizenship is acquired automatically, registration is unnecessary. Confirming status first can prevent avoidable costs, delays, and refusals. Always verify eligibility before completing the form. For details on these, see Practice Note: Who is a British citizen (automatic acquisition)? Some registration routes arise by entitlement, while others are decided at the discretion of the Secretary of State for the Home Department ( SSHD). To use the provisions that apply solely to minors, the applicant must be under 18 on the application date. The application date is the date the Home Office receives the...
This Practice Note is based on an original work by Ben Sheldrick of Magrath Sheldrick LLP. Running equitable recruitment procedures helps employers curb the chance of discrimination claims succeeding against them. No statute or guidance stops a business selecting the strongest candidate for the role; however, discriminating against an applicant at any point in the hiring journey is unlawful. Employers should remember that each candidate deserves fair treatment at every step of the process. Matters of immigration and employment law that concern illegal working ought to be handled in tandem at all stages of the employment relationship, from hiring through to dismissal. Accordingly, employers must ensure HR paperwork, policies and procedures address these points from the beginning. Whether an organisation relies on a specialist personnel or HR team, or delegates hiring duties to line managers and supervisors, everyone involved in...
ARCHIVED This Practice Note is no longer being updated, as it relates to the operation of EU free movement rules in the UK before IP completion day, when the domestic measures giving effect to EU free movement were revoked, subject to specified savings and adjustments. For more information, including the applicable savings and the status of CJEU jurisprudence, see Practice Note: Brexit and the end of EU free movement law in the UK. The Note remains available in archived form for historical reference, since EU law as it previously applied in the UK continues to be of relevance in some limited contexts. For earlier iterations of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the version immediately before revocation, see Legislation.gov.uk. For continuing developments in EU free movement law within EU Member States, see: Immigration, employment & share...
This Practice Note summarises the principal procedural steps and requirements for making an application for entry clearance as a fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner under the Immigration Rules, Appendix FM. The provisions concerning applications by the children of those seeking entry clearance in this route are set out in Appendix FM, Family life as a child of a parent with limited leave as a partner or parent. For more information, see: Children—overview. Timing considerations It is advisable to obtain detailed instructions regarding the applicant’s travel plans—and, for fiancé(e)s or proposed civil partners, the anticipated date of the wedding or civil partnership—at the earliest practical stage. This enables you to determine a suitable application date and to identify and flag any potential timing issues......
Civil and criminal penalties for employing illegal workers A framework of civil and criminal penalties for employers who engage illegal workers applies to employment beginning on 29 February 2008, under the Immigration, Asylum and Nationality Act 2006 ( IANA 2006). An individual is an illegal worker if they are 16 or over, require leave to enter or remain under the Immigration Act 1971, and any of the following applies: they have not been granted leave to enter or remain in the UK, or their leave to enter or remain is invalid or has ended for any reason, or their leave to enter or remain carries a condition that prevents them from taking employment For the purposes of illegal working rules, employment covers any working relationship under a contract of service or apprenticeship, whether express or implied, and whether oral or...
Important note— Archived Practice Note This Practice Note is no longer maintained, as it concerns the position before the rollout of simplified Immigration Rules and processes around, and leading up to, the end of the Brexit transition period. It is kept as an archive for historic interest. The Home Office operates a policy of keeping important original documents where an in-country application has been refused or treated as invalid, in cases where the applicant holds no leave other than statutory leave under sections 3C or 3D of the Immigration Act 1971 ( IA 1971). Note that IA 1971, s 3D was removed with effect from 1 December 2016. For more detail, see Practice Note: Dealing with curtailment and cancellation. This approach has caused various practical problems, for example when making a fresh application for leave to remain or arranging voluntary departure. This Practice Note...
The right of abode—status The right of abode in the UK is an immigration status. It lets a person reside here and to enter and depart the UK freely, save for steps needed to confirm the right or any other lawfully imposed limits. Such limits may include: being required to present a passport when seeking entry to the UK refusal of entry if unable to produce a relevant UK passport refusal of entry if unable to show a certificate of entitlement on arrival being made subject to a temporary exclusion order, whether or not a permit to return has been issued Someone with the right of abode is not subject to immigration control in the UK. Section 2 of the Immigration Act 1971 grants this right to all British citizens. Certain Commonwealth citizens who possessed the right of abode in the UK before 1983 retain it on and after that date,...
ARCHIVED This Practice Note is no longer updated as it addressed the UK’s implementation of EU free movement rules before IP completion day, when domestic enactments giving effect to those rules were revoked, subject to specified savings and modifications. For more detail, including 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. It is preserved in archive for historical reference, since EU law as formerly applied in the UK remains relevant in limited circumstances. For earlier versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052—including the text immediately before revocation—see 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 not being updated, as it relates to the UK implementation of EU free movement rules before IP completion day, when domestic measures giving effect to those rules were 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. This note has been kept in archived form for historical interest, because EU law as previously implemented in the UK continues to matter in certain limited situations. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including immediately before revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives ( EU...
Practice Note This Practice Note sets out the procedure for lodging an appeal before the First-tier Tribunal in the Immigration and Asylum Chamber. For an overview of the principal stages involved in a standard First-tier Tribunal appeal, refer to Practice Note: Procedure in the First-tier Tribunal ( IAC). For the procedural sequence and further practical considerations when preparing a First-tier Tribunal appeal, see Practice Note: Preparing for an immigration appeal to the First-tier Tribunal ( IAC)......
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1779 HC 1779, together with an Explanatory Memorandum ( EM), was issued on 11 December 2018. It sets out: removal of the requirement to provide specified documents for absences over 180 days arising from compelling and compassionate reasons in settlement applications under the Ancestry route updates to the Tier 1 ( Exceptional Talent) route, including: an extra four months granted to entry clearance applicants expanding eligibility to include architects revisions to the endorsement qualifying criteria changes to Tier 2 of the Points- Based System ( PBS), including: ...
At 11 pm ( GMT) on 31 December 2020, the transition period designed to move the UK away from the EU’s legal structures came to a close. That moment (termed in this document ‘ IP completion day’) brought an instant and substantial shift in the UK’s legal framework. This Practice Note sets out the implications of that shift for immigration law and practice. Background European Economic Area ( EEA) and Swiss nationals (referred to here as ‘ EEA citizens’) and their family members previously enjoyed EU free movement rights, principally implemented in the UK by the Immigration ( European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In accordance with the Withdrawal Agreement between the EU and the UK, and equivalent arrangements with Norway, Iceland, Liechtenstein and Switzerland, these Regulations continued to apply in full for the duration of the...
This Practice Note was last updated on 16 March 2021. It provides a concise overview of the post‑ Brexit immigration framework and the alterations to UK entry rules that applied to non‑ EEA citizens from 1 December 2020, and to EEA citizens outside the EU Settlement Scheme from 1 January 2021. It also outlines key policy developments and announcements made before, and immediately after, IP completion date. This note has been archived and is no longer being updated. On 19 February 2020, the government outlined the ‘new’ post‑ Brexit UK immigration system, signalling substantial reforms scheduled to begin on 1 January 2021. Further information followed on 13 July 2020. Then, on 22 October 2020, the Home Office released a comprehensive Statement of Changes in Immigration Rules HC 813 (‘ Statement of Changes HC 813’), together with an Explanatory Memorandum. This Statement brings into effect...
This Practice Note aims to clarify areas of uncertainty about employer right to work checks in the UK on European Economic Area ( EEA) nationals and their family members after Brexit. For the purposes of this Note, EEA citizens are taken to mean nationals of the remaining 27 EU Member States (excluding the United Kingdom), also Liechtenstein, Norway and Iceland. Although Switzerland is not within the EEA, it is treated, for the purposes of EU free movement law, as though it were. Background: Brexit and the EU Settlement Scheme Brexit and the EU Settlement Scheme EEA citizens and their family members previously benefitted from EU free movement rights, chiefly given effect in the UK by the Immigration ( European Economic Area) Regulations 2016 (the EEA Regs 2016), SI 2016/1052. In line with the Withdrawal Agreement reached between the EU and the UK, and...
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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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