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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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Many lawyers will smile knowingly when ‘legal operations’ is mentioned, then quickly change the topic-whether due to uncertainty about what the phrase truly covers or nerves triggered by the prospect of change. This Practice Note seeks to clarify what ‘legal operations’ means, the areas it spans, and how applying legal operations practices-lightly or in depth-can benefit your legal team and your organisation. Alongside this Practice Note, further Practice Notes delve deeper into each aspect of legal operations. They are intended for in-house lawyers who want to secure some of the gains of legal operational efficiency but do not yet have the organisational support or budget for a dedicated legal operations team. Accordingly, these notes are aimed at in-house lawyers working as a small department within small to medium-sized organisations. By contrast, organisations in highly regulated sectors, however small, are likely to need...
In today’s data-driven landscape, if you lead an in-house legal team and are not tracking what the department does, you are missing a trick. The legal function must recognise the value it creates, quantify that value and communicate it across the organisation. Sales uses key performance indicators to evidence its impact, and so do marketing and finance. In the same vein, the in-house legal team should equip itself to understand and demonstrate the value it delivers, the work it undertakes and the outcomes it enables. Of course, that is easier said than done. In-house lawyers often sidestep performance measurement and, as a result, face vague or non-measurable goals handed down without real thought as to whether they can be met. This Practice Note, alongside the Precedent: -step plan, offers practical methods to assess the legal department’s performance and show how the legal team adds value to...
Knowledge management Whatever its scale, a legal department ultimately exists to do legal work: giving legal advice, overseeing disputes, reviewing contracts, and more. From a legal operations viewpoint, as the leader of an in-house team, you must consider how the function can most effectively support the organisation in delivering legal services. You not only have to keep the department running smoothly and business-like; you also need to provide timely, watertight legal advice. The nature of legal knowledge, and where it resides, has expanded markedly. Critical legal information is now created and stored across internal repositories and cloud-based platforms. As an in-house lawyer, it is vital to know what your organisation’s legal data includes, where it is held, and which sources are pertinent for legal purposes. Consequently, knowledge management is a core element of operations management. But what does that actually involve? This Practice Note...
Businesses must make strategic choices on an informed footing. This Practice Note explains how to spot and assess the key threats and opportunities arising from the external context in which your organisation operates and strives to survive and prosper. It is designed to help you grasp your business and the forces influencing it. You can use Precedent: Understanding business strategy-exercise for in-house lawyers to spark ideas and start productive conversations about strategy within your organisation. Global shifts Major shifts are reshaping the global economy and will continue to transform business over the coming years. It is therefore worthwhile capturing a snapshot of your understanding of the significant forces in motion. These global shifts are linked to: economic developments societal and environmental changes business and industry shifts If you have a strategy department, or a team examining future trends, you will gain valuable...
It is important for the in-house legal department to have a clear and communicated structure in place for performance management, which aims to: nurture your employees’ careers optimise their potential align the workforce with the business’s strategic priorities establish concrete yet adaptable objectives and goals facilitate ongoing feedback between each lawyer and their manager emphasise development and acknowledge achievements In the absence of a formal framework, outcomes hinge on each manager’s approach. Some will agree suitable objectives with their team members and provide routine feedback on progress; others may not. As a result, practice can vary: certain managers set appropriate objectives and give consistent feedback on performance, whereas others do not, which affects focus on growth and recognition of achievements. Effective performance management enables everyone to grasp: what the organisation seeks to accomplish how their position...
In-house counsel are routinely expected to deliver more with fewer resources, frequently without meaningful administrative assistance. This Practice Note shares pragmatic ideas for applying artificial intelligence ( AI) to day-to-day admin, freeing time to concentrate on higher-value legal matters and enhancing your work-life balance. For in-house teams, AI’s influence will be incremental, not headline-grabbing. Shaving minutes off each email, précis, or note can amount to hours recouped every week. Begin modestly: pinpoint one or two routine pain points, trial AI assistance, and iterate your method. Gradually, these marginal gains can reshape how your legal team handles its daily workload. What AI can and cannot do Generative AI is a highly effective aid for the routine, repetitive admin that drains in-house lawyers’ time each day. That said, there are boundaries on how AI can (and ought to) be employed by legal...
Practice Note Establishing a clear, well‑considered and accessible framework for internal communications can help an organisation ensure they are handled efficiently and effectively. Accordingly, you should: pinpoint essential personnel and gather their insights draft an internal communications plan put the plan into action evaluate the plan This Practice Note focuses on creating, executing and evaluating a plan to manage communications. It is intended for in‑house legal and/or compliance teams. When should I use a communication plan? Effective colleague communication can determine whether an initiative or critical message succeeds or fails, particularly in a large organisation or one with colleagues spread across many offices. It is worth investing time in a formal plan for projects such as: rolling out a new or revised policy across the business introducing and training on a new system or process delivering difficult news, such as...
Operating as a ‘legal business person’ Many of us aim to function as a ‘legal business person’, yet which concrete actions will actually get us there? This Practice Note centres on practical activities and steps designed to help us operate as a legal business person. Think back to the very first few days in your current position. Reflect on the induction you received: Ask yourself the following. was it tailored to legal work, or a broader commercial overview that involved non-lawyers as well, side by side? how was it delivered—through a run of one-to-one meetings with commercial colleagues, or more of a show-and-tell style experience presented to you? or was there no induction at all, leaving you staring at a blank screen while you waited for the first emails to arrive, wondering what to do next? It’s useful to picture what your ideal...
Overview of the HR department Depending on the size and set-up of your organisation, the HR function may cover recruitment, training, performance management and talent management. It is essential to be clear about their remit and, where they do not handle every element, how they interface with the teams or providers who do. In smaller organisations, external agencies and suppliers often assume much of the recruitment and training workload, allowing HR to concentrate on internal policies, performance management and day-to-day HR queries from employees and managers, etc. Typical legal issues An employee has submitted a data subject access request under the General Data Protection Regulation ( GDPR) seeking a copy of their HR file. Must we disclose the entire file? See Practice Note: Rights of data subjects An employee casually mentioned possible bullying within their team. No formal grievance has been raised. What, if...
The new competencies framework underpins a range of activities, notably recruitment and selection. This Practice Note sets out questions that help pinpoint competencies within the framework across various organisational levels: what are behavioural interview questions? level 1 questions and guidance level 2 questions and guidance level 3 questions and guidance level 4 questions and guidance, and other recruitment tools Behavioural interviewing Behavioural interview questions—also known as situational or competency‑based questions—are used in interviews to explore how a candidate’s past job performance may inform their future effectiveness in the role on offer. This approach is now widespread and adopted by many large organisations. The core premise is that behaviour shown in work‑related scenarios predicts future performance. Using these techniques, interviewers pose open‑ended questions about previous situations and compare the responses with the role’s pre‑set...
What do we mean by culture? Many elements shape an organisation’s culture, and to look at them it is helpful to be clear about what ‘organisational culture’ means in practice. Culture sits at the core of businesses; it essentially defines what the organisation stands for. It is also a commonly shared understanding of the organisation. Put simply, it captures what the organisation is about. It shapes perceptions of a business and the way it operates and, as a result, can affect how we engage with the business and how we interact with colleagues, customers, suppliers and other stakeholders. There is seldom just one thing that creates it, and it is not set in stone. When we discuss culture, it is rarely a single factor and it is not usually fixed; it is something widely understood and shared, and is normally derived from a range of...
This Practice Note flags significant legal and regulatory developments impacting, or expected to impact, in-house counsel through 2024 and thereafter. Some measures are already fixed, while others remain tentative at this stage or depend on the parliamentary schedule. Last updated: 31 October 2024. Commercial The snapshot below offers curated highlights that are not sector-specific. For fuller coverage, see: Commercial tracker Category: Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) ( Updated) Details: A Bill designed to regulate competition within digital markets, revise the Competition Act 1998 and the Enterprise Act 2002, and introduce provisions to safeguard consumer rights. Expected or actual date: See LNB News 27/04/2023 50. Across the consumer protection sphere, proposals include repealing the Consumer Protection from Unfair Trading Regulations 2008 and the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015, with their substance to be replaced by...
This Practice Note flags significant legal and regulatory shifts impacting, or set to impact, in-house counsel in 2026 and thereafter. The tracker centres on the UK, but incorporates pertinent EU developments where they matter to in-house teams. Certain reforms are confirmed; others remain tentative or dependent on parliamentary scheduling. Some measures are fixed, while others depend on parliamentary timetables or remain provisional still. This tracker was last updated on 5 May 2026. Commercial The table below presents highlights of general application, not tied to any sector. For more detail, see: Commercial tracker Category Details Expected or actual date Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) ( Updated) A Bill establishing regulation and oversight of competition in digital markets, amending the Competition Act 1998 and the Enterprise Act 2002, and making provision for consumer rights protection. See: LNB News 27/04/2023 50. Across the consumer...
This Practice Note has been archived and is no longer maintained. It summarised key legal and regulatory changes expected to affect in-house lawyers in 2022. While some were definitive, others were more speculative or tied to the parliamentary timetable. It was last updated on 25 November 2022. Commercial The table below presents edited highlights that are not sector specific. For more details, see: Commercial tracker Category Details Expected or actual date Unjust enrichment and contract drafting ( Updated) In Barton v Gwyn- Jones [2019] EWCA Civ 1999, the Court of Appeal considered whether the so-called ‘ Costello principle’ prevented an unjust enrichment claim by an agent for an introduction fee where an oral contract governed the contractual arrangement. The court’s analysis turned on the precise interpretation of the remuneration terms and offers a clear and valuable lesson on the failure of parties to provide for all possible outcomes by...
Commercial This Practice Note sets out significant legal and regulatory developments that affect, or are set to affect, in-house counsel in 2023 and thereafter. Some changes are definite, while others remain tentative for now or hinge on the parliamentary schedule. It was most recently updated on 12 October 2023. The summary below highlights edited, cross-sector points of particular note. For further information and context, see: Commercial tracker Category Details Expected or actual date Electronic Trade Documents Act 2023 ( New) The Electronic Trade Documents Act 2023 aims to give electronic trade documentation the same legal status as paper, cutting paperwork and red tape. This is expected to lessen the environmental footprint of paper and courier emissions while enhancing the security and compliance of trade by improving traceability across document chains. The Act updates the Bills of Exchange Act 1882 and the Carriage of Goods by Sea Act 1992 by...
This Practice Note flags key legal and regulatory developments that impact, or are set to impact, in-house lawyers in 2025 and beyond. Centred on the UK, it also includes key EU updates where relevant to in-house teams. Some reforms are fixed, while others remain tentative at this stage or are subject to the parliamentary timetable. The tracker was last refreshed on 3 November 2025... Commercial The snapshot below covers cross-sector highlights. It presents edited highlights that are not sector-specific. For fuller insight, see: Commercial tracker Category, details, and expected or actual date are indicated. Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) ( Unchanged): A Bill to regulate competition in digital markets, amend the Competition Act 1998 and the Enterprise Act 2002, and make provision for consumer rights. See: LNB News 27/04/2023 50. Across the consumer protection landscape, changes include the...
This Practice Note has been archived and is no longer maintained. It outlined the principal legal and regulatory shifts expected to influence, or already influencing, in-house lawyers in 2021. Some measures were fixed, whereas others were more tentative or reliant on the parliamentary timetable. It was last updated on 8 November 2021. Business crime The following offers edited highlights that are not sector specific. Failure to prevent offence: The Law Commission consulted on corporate criminal liability, proposing possible reforms such as widening failure to prevent offences to encompass fraud and other economic crimes. The consultation closed on 31 August 2021. The Law Commission Business Plan 2021–22 signals that an options paper will be put to the government during 2021–2022. Economic crime levy for MLR 2017 regulated firms: On 21 September 2021, HM Treasury stated that AML-regulated businesses with UK revenue exceeding £10.2m will be subject to an...
The 6 C’s of legal operations (legal ops) This Practice Note distils the key points from ‘ The 6 C’s of legal operations (legal ops)’ video series featuring Stephanie Harmon, Head of Legal Operations Consulting at Norton Rose Fulbright, and published by Crafty Counsel. The six C’s of legal ops are: Cost effectiveness Consolidation Consistency Change management Collaboration Challenge Cost effectiveness Video To view the video, go to: Crafty Counsel video: Cost effectiveness for in-house legal. Key takeaways In-house lawyers are central to ensuring their function is cost-effective. By knowing their cost drivers and clearly evidencing the value they create, they can shift from being viewed as a cost centre to being acknowledged as a strategic enabler. Cost-effectiveness means saving or generating significant sums relative to the outlay; in legal operations this translates to delivering value while optimising resources....
Differences between distributed and centralised legal functions This Practice Note explores contrasts between distributed and centralised legal teams, outlining the advantages and the drawbacks for each. It also covers hybrid approaches and the geographical issues they raise, including location-driven challenges and constraints. In commercial organisations—and indeed within national government policy—it is common for power and operational independence to be handed to local units, later pulled back to the centre again, with the pattern recurring over time. Motivated by ideology and practicalities in both spheres, such shifts regularly reshape in-house legal structures; only infrequently do general counsel enjoy the discretion to decide for themselves. Typically, there are two straightforward models: to centralise the function within a core team serving the business from a co-ordinated corporate centre to decentralise the function, placing lawyers alongside the specific business teams they...
Looking at secondments from the law firm’s perspective Large clients have long become used to insisting on free secondees as a condition of joining or staying on a panel. Gaining a concession of this sort from a law firm might seem appealing, yet it can be a poor choice if there are other routes to client benefit that do not generate the same operational headache for the firm. No firm is keen to release its top associates on secondment; equally, if the secondee is not a strong ambassador, the client’s experience will suffer. So many associates have been hired directly by clients, or have chosen to move in-house, on the back of secondments, that firms are increasingly reluctant. Practices tend to be more open where some payment is offered and the secondment is not a five‑day‑a‑week commitment. Be clear about your aims, and ask...
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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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