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
With the exception of British or Irish citizens, and Commonwealth citizens who hold the right of abode, any person wishing to travel to the UK will generally require leave—meaning permission—to enter (pass through border control) and to remain in the UK. Those who do not require leave to enter are exempt persons, such as diplomats, together with individuals holding a frontier worker permit. The position regarding prior permission to travel for people who need leave has changed following the introduction of the Electronic Travel Authorisation ( ETA) scheme, which commenced in Autumn 2023. The ETA was implemented on a nationality-by-nationality basis, with the rollout completed in April 2025. The Home Office has announced that the scheme will be fully enforced from 25 February 2026. Before the ETA was introduced, people of certain nationalities were not required to obtain permission in advance to come to the UK as a...
ARCHIVED : this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For more information, covering the applicable savings and the status of CJEU case law, refer to Practice Note: Brexit and the end of EU free movement law in the UK. This Practice Note is preserved as an archive for historical reference, as EU law previously applied in the UK can still be pertinent in certain narrow scenarios. To view historic versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the iteration immediately before revocation, consult Legislation.gov.uk. For developments in EU free movement law across EU Member States, see: Immigration, employment & share...
This Practice Note examines the principal terms used in the Immigration Rules for partner applications made under Part 8 and Appendix FM, namely: prohibited degree of relationship present and settled intention to live together permanently in the UK have met in person genuine and subsisting relationship any previous relationship must have broken down permanently The Practice Note concentrates on matters more commonly encountered by the business practitioner. It does not address: validity and recognition of marriages/civil partnerships recognition of overseas divorces/civil partnership dissolutions forced marriages polygamous marriages Comprehensive Home Office guidance on those topics is available within the relevant Home Office guidance materials. For detailed analysis of these matters and the pertinent case law, see Marriage and civil partnership issues concerning validity and recognition: Macdonald’s Immigration Law Practice [11.23]–[11.38] in the further reading...
STOP PRESS: This Practice Note is in the process of being revised to reflect Statement of Changes in Immigration Rules HC 1691, notably the widening, to entry clearance applications, of the discretionary basis to refuse permission to enter and remain applications in paragraph SUI 11.3. It is likewise being revised to account for the alteration in the roll-out of HC 1333 as it concerns Appendix FM applications, which was implemented by HC 1491. For commentary on both, see News Analysis: HC 1691—additional analysis. This Practice Note examines the ‘grounds for refusal’ for applications contained in the Immigration Rules, Part Suitability, together with the circumstances for cancelling extant entry clearance or permission. It does not address grounds tied to an individual’s earlier personal conduct (including whether criminal offences have been committed or other conduct viewed as not conducive to the public good), nor those...
This Practice Note offers a concise overview of using Lexis+® UK Immigration Practical Guidance. It highlights topics, news and key resources, and shares tips for finding and accessing the materials... Browse to the Practical Guidance home page If your Lexis+® UK account includes other services (eg Legal Research), begin by selecting the Practical Guidance icon on the left-hand side of the main Lexis+® UK home page to view Immigration Practical Guidance content. Then choose Immigration from the list of practice areas to open the Immigration Practical Guidance home page. The top of that page should look like this: You may wish to bookmark the Immigration Practical Guidance home page if you plan to browse it regularly... Sign up for, and access, news alerts Ensure you are subscribed to receive our emailed sector current awareness, case summaries, legislation updates and news analysis from external experts. These are also...
People seeking naturalisation under section 6(1) or 6(2) of the British Nationality Act 1981 ( BNA 1981) must show both sufficient knowledge of English, Welsh or Scottish Gaelic, and sufficient knowledge of life in the UK. Applicants using the Windrush Scheme are exempt from both conditions entirely. For information about who can apply by that route, refer to Practice Note: The Windrush Scheme. It is also possible to ask for the requirement to be waived where the applicant came to the UK as the wife of a Commonwealth citizen who was settled in the UK before 1 January 1973. This is because section 1(5) of the Immigration Act 1971, as enacted, covered the wives as well as the children of those Commonwealth citizens. The British Nationality ( General) Regulations 2003, SI 2003/548, make provision for how the requirements in respect of...
The UK’s choice to exit the European Union has made a comprehensive reassessment of the country’s immigration framework necessary. On 18 September 2018, the Migration Advisory Committee ( MAC) released its final report on European Economic Area ( EEA) migration in the UK, designed to provide an evidence base for shaping a new migration system to operate after the end of the implementation period from 1 January 2021. The report sets out multiple conclusions on the effects of EEA migration to the UK, together with a series of proposals which, if taken forward, would have a significant bearing on the way EEA nationals are permitted to participate in the UK labour market once Brexit has taken effect. However, the document does not tackle whether EEA nationals ought to be treated differently within the family migration system, observing only that there could be large effects which...
Who can apply under Part 8? An individual may seek further limited leave to remain as a spouse, civil partner, unmarried or same-sex partner under the Immigration Rules, Part 8, where they currently hold, or in some situations last held, leave as a partner (this includes a fiancé(e) or proposed civil partner) granted under Part 8. Switching from a non- Part 8 route into any Part 8 partner route is no longer permitted, and all fresh partner applications must now be submitted under the Immigration Rules, Appendix FM, Family life as a partner. Consequently, only a small number of people will be making applications for further limited leave under Part 8. Predominantly, these will be applicants who already possess limited leave under the Immigration Rules, Part 8, paragraphs 284–285 (spouses and civil partners) or paragraphs 295D–295E (unmarried and same-sex partners) but who are unable to...
Practice Note This Practice Note charts the progress, scope and specifics of the employment‑related Bills signalled in the King’s Speech on 17 July 2024, setting out the Labour Government’s legislative programme, namely the Employment Rights Bill ( ERB) and the proposed Equality ( Race and Disability) Bill. It records the origins of the various elements within the Bills, including Labour’s new deal for working people ( September 2021) and the Labour Party Manifesto 2024, and follows subsequent announcements and press releases over time, notably the policy paper Next Steps to Make Work Pay ( Next Steps). The Practice Note also maps movement on other manifesto commitments of interest to employment practitioners, such as proposals to introduce a single worker status alongside a right for workers to disconnect from work outside their usual working hours. The Labour Manifesto stated that Labour’s Plan to make work pay:...
STOP PRESS: This Practice Note is currently in the process of being revised to reflect amendments to the Sponsor Guidance that took effect on 6 March 2026. See the News Analysis: Detailed list of the Home Office’s Sponsor Guidance changes of 6 March 2026. A refusal by the Secretary of State for the Home Department ( SSHD), acting through the Home Office, to grant a Workers and Temporary Workers sponsor licence carries no right of appeal to the First-tier Tribunal ( Immigration and Asylum Chamber), although a ‘pre‑licence error correction’ process has been available since 6 April 2016. Decisions to suspend, downgrade or revoke sponsor licences attract no right of appeal or review. Operating a sponsor licensing regime without an appeal to an independent tribunal has been held to comply with Article 6 of the European Convention on Human Rights 1950 (right to a fair...
This Practice Note This Practice Note sets out the immigration pathway for children who are adopted internationally or are in the process of being adopted. It gives context on the various categories of adoption that the Immigration Rules recognise. It explains the family law steps that parents and would‑be parents must complete when planning to adopt overseas and reside in the UK, including the controls on bringing into the UK children involved in intercountry adoptions and the linked criminal offence. It then goes on to examine the validity, eligibility and suitability criteria required by the Immigration Rules for admitting children subject to intercountry adoptions to the UK, and the way Article 8 ECHR considerations in these adoption matters are addressed within those Rules. It further considers the narrow circumstances in which a case may succeed outside the Immigration Rules, together with the...
These offences are handled under criminal law. They clearly differ from civil penalties which, in the immigration context, are financial sanctions imposed by the Home Office when applying laws or rules. This Practice Note outlines several of the principal categories of immigration offence in brief. For further guidance on offences connected to illegal working, consult Practice Notes: Illegal workers—civil and criminal sanctions and Illegal working: dealing with a criminal allegation. Sources of law relevant to immigration offences Many immigration-related offences can be found across the statute books......
The Immigration Act 2016 ( IA 2016) Royal Assent for the Immigration Act 2016 ( IA 2016) was granted on 12 May 2016. This Practice Note collates links to key materials concerning the Act. It signposts the IA 2016 text, Explanatory Notes and Home Office factsheets (as introduced with the Immigration Bill 2015–2016), together with commentary. The resources are organised according to the Act’s nine parts. Commencement Under IA 2016, s 94(1), provisions take effect on dates set by the Secretary of State by secondary legislation. Exceptions are IA 2016, s 94 (the commencement provision) and IA 2016, s 61(3)–(5) (under IA 2016, s 94(3)), which commenced on the day the Act was passed, and IA 2016, s 85, which, under IA 2016, s 94(4), commenced two months after the Act was passed, ie 12 July 2016. The following commencement regulations have been...
ARCHIVED: This Practice Note has been archived and is not maintained. The Lexis+® UK Immigration analysis of the Immigration Act 2014 distils the principal practical consequences of the Act, prepared carefully by eminent practitioners operating within the UK immigration field. It addresses the topics listed below, with links to selected......
ARCHIVED This Practice Note is archived and no longer updated, as it addressed the implementation of EU free movement law in the UK before IP completion day. On that date, the domestic measures giving effect to EU free movement were revoked, subject to specified savings and modifications. For more detail, including the applicable savings and the approach to CJEU case law, see Practice Note: Brexit and the end of EU free movement law in the UK. It is preserved in archived form for historical interest, since EU law as formerly applied in the UK can still be pertinent in some limited contexts. For historical versions of the Immigration ( European Economic Area) Regulations 2016, SI 2016/1052, including the text immediately before revocation, consult Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives ( EU...
This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 1160. The Statement of Changes was published on 9 March 2023, together with an Explanatory Memorandum ( EM). Subscribers can swiftly move to particular sections of this Practice Note using the Table of Contents 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. Replaces the Innovator and Start-up routes with a single Innovator Founder route. Sets out Rules that will underpin the Electronic Travel Authorisation regime as rollout begins from November 2023. Imposes salary adjustments across several work routes. Introduces an unexpectedly restrictive shift in the long residence Rules. Makes a more positive change to access to public funds in Appendix FM (both changes following court...
This review outlines the principal updates to the Immigration Rules (the Rules) contained in HC 877 that will most concern business immigration advisers. HC 877 was laid on 11 March 2016, accompanied by an Explanatory Memorandum ( EM). This notice excludes amendments to Tier 2 of the Points- Based System ( PBS) recommended by the Migration Advisory Committee ( MAC) in its January 2016 report, as the Home Office has not yet issued a formal response to the MAC review. Revisions to the Immigration Rules for Tier 2 are expected in the summer or autumn. Be aware that two sets of corrections were placed on the opening pages of HC 877 in March 2016, before the Statement took effect. You can jump to individual subjects swiftly via the Contents...
This analysis reviews the principal amendments to the Immigration Rules (the Rules) contained in HC 1534. HC 1534 was published on 11 October 2018, accompanied by an Explanatory Memorandum ( EM). It sets out the following points of interest for immigration advisers: Widening of the EU Settlement Scheme pilot, plus the launch of an Administrative Review route for refusals under Appendix EU Removal of references to Premium Service Centres ahead of the roll-out of the new Sopra Steria contract Revision of the requirement to submit original documents, which are no longer compulsory for most applications Broader use of evidential flexibility, allowing the Home Office to apply it more readily and across a wider range of applications New provisions enabling unaccompanied children moved to the UK after the Calais camp’s closure to apply for limited and...
Practice Note on Procedure in the First-tier Tribunal ( IAC) The Practice Note on Procedure in the First-tier Tribunal ( IAC) sets out clearly the steps to be taken in a First-tier Tribunal appeal. It addresses the practicalities and organisation of assembling evidence, the appellant’s bundle and pleadings for an appeal to the First-tier Tribunal, once the appeal has been duly lodged and any fee paid. On 1 November 2024, the most recent Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal (the FTT Practice Direction) was published and issued, and it replaced the earlier Practice Direction and guidance from 2022. The new Practice Direction adopts an ‘issues-based’ approach to appeals, requiring appellants to define and narrow at the outset the matters actually in dispute, and to curate with care the evidence and submissions filed in support of the appeal so they are as...
This analysis Examines the principal amendments to the Immigration Rules (the Rules) contained in HC 1025, which are expected to be of keen interest to business immigration advisers. Issued on 26 February 2015, alongside an Explanatory Memorandum ( EM), HC 1025 introduces an extensive range of revisions. These include, though are not limited to: a major reorganisation of the Rules for visitors the roll-out of the administrative review ( AR) process in step with the second and third phases of implementation of the new Immigration Act 2014 appeals regime—so that it covers entry clearance ( EC) and eligible on-arrival decisions a notable overhaul of the requirements for maintaining investments in the Tier 1 ( Investor) route, reflecting concerns raised by financial institutions and immigration lawyers about the earlier amendments set out in HC 693, which came into force on 6 November 2014 This Practice Note also...
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
