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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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STOP PRESS: This document is being updated to reflect implementation of the Data ( Use and Access) Act 2025 ( DUAA 2025) which amends the UK GDPR and Data Protection Act 2018. For more guidance on the compliance implications of DUAA 2025, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note consolidates information requirements located in different parts of the UK General Data Protection Regulation ( UK GDPR). While many relate to privacy notices, it also covers matters such as data breaches and the data protection officer ( DPO). It does not address information requirements where information society services are provided to children. Transparency is a core UK GDPR principle. Most organisations satisfy these obligations through a privacy notice or privacy policy. For a quick reference on the form and content of your notices, see Precedent: Privacy notice audit. For sample...
This Practice Note outlines the principal cybersecurity ramifications posed by artificial intelligence ( AI) in relation to duties under UK law, including those arising from the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR). It further sets out practical guidance on embedding AI as a relevant factor within existing cybersecurity compliance frameworks already in place. Advances in AI prompt concerns about the implications for cybersecurity and, as adoption grows, so too do related cybersecurity concerns. In January 2024, the UK National Cyber Security Centre ( NCSC), the UK’s technical authority on cyber threats, warned that AI will almost certainly render cyberattacks on UK organisations more effective and widespread. In April 2026, DSIT and the Cabinet Office published an open letter to businesses on AI cyber threats, warning that the development of AI models is...
This Practice Note compiles a consolidated set of key United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR)-compliant precedent terms, clauses, provisions, schedules and agreements, which can be tailored for commercial dealings and personal data sharing contexts. It also contains certain schedules intended for matters where both the UK GDPR and the General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR) apply, tackling both regimes within one contract by adopting the highest common denominator of the two compliance frameworks. It is structured as follows: controller to processor data processing arrangements controller to controller data sharing arrangements clauses for international transfers Consult the relevant document for details on when each is intended to be used. For a broad primer on data protection law that gathers key practical guidance, see: UK data protection law...
Updated in April 2026 Introduction Türkiye has stood at the centre of international politics owing to its role in the Syrian conflict along its southern border and its approach to refugees. The coronavirus ( COVID-19) pandemic, as elsewhere, heavily influenced domestic policy and the economy. Disputes in the Mediterranean over the search for natural gas also stayed high on the agenda. Since the final quarter of 2018, the economy has endured recessionary conditions linked to the attempted coup d’état of 15 July 2016, marked by elevated inflation, costlier borrowing, and volatile exchange rates. Although economic projections were shaken in 2020 by the pandemic, Türkiye sought to blunt the fallout through the Economic Stability Shield programme unveiled on 18 March 2020, setting out nationwide supportive and preventative steps to lessen the economic damage, covering taxation, credit and labour-related matters. By late 2021, the Turkish lira had...
All websites should be accessible, especially by people with disabilities. Website access is regulated by the Equality Act 2010 ( Eq A 2010) together with the Public Sector Bodies ( Websites and Mobile Applications) ( No 2) Accessibility Regulations 2018 ( PSBAR), SI 2018/952. Those Regulations give effect to Directive ( EU) 2016/2102 (the EU Web Accessibility Directive) on making public sector bodies’ websites and mobile applications accessible to users. ( As EU‑derived domestic legislation, these Regulations sit within assimilated law and remain in force in the UK—see Practice Note: Assimilated law.) This Practice Note concentrates on UK-specific legislation and guidance relating to web accessibility across the sector. That said, organisations trading in both the EU and the UK should evaluate whether any additional or different compliance obligations may apply in their circumstances. In particular, they should note Directive ( EU) 2019/882 (the...
The SRA Standards and Regulations set out a practice model: the freelance solicitor. This Practice Note outlines the regulatory position of freelance solicitors. It also distinguishes them from sole practitioners. It summarises practice limits for freelancers, alongside requirements on holding client money and indemnity insurance. It also provides guidance for law firms and in-house lawyers on the risks of dealing with a freelance solicitor on the other side of a transaction or matter. What is a freelance solicitor? ‘ Freelance solicitor’ is not a defined term in the SRA glossary. The SRA uses the term in guidance to describe a self-employed solicitor who is: practising alone and employing no one in connection with the services they provide practising in their own name (rather than using a trading name or a service company) engaged by clients directly, with fees paid to them...
This Practice Note sets out: the powers available to the court to enforce undertakings when those powers are likely to be exercised A breach of an undertaking will generally amount to professional misconduct and can be addressed by the SRA, but the SRA cannot itself enforce compliance with an undertaking. For further guidance, see Practice Note: Undertakings and the SRA. Take care when accepting undertakings from freelance solicitors and non- SRA firms, including solicitors working within non- SRA firms. For more guidance, see Practice Note: Dealing with freelance solicitors. Also note that the court lacks inherent jurisdiction over incorporated law firms (companies and limited liability partnerships). This is explained at section: The court's inherent jurisdiction. What is an undertaking? An undertaking is: a statement, given orally or in writing (even if it does not use the word 'undertake' or...
This ‘ How to’ guide explains the practical management of under-performance within the workplace. It looks, in particular, at potential causes of poor performance, a manager’s duties, approaches to encouraging those who are falling short and key traps to avoid, and it summarises a formal performance procedure. Why an employer should tackle under-performance At common law, there is an implied term that an employee will be capable of carrying out the role for which they were hired. For additional detail, refer to Practice Note: Types of contractual term in employment— Employee’s implied obligations, under ‘ Competence’. The core difficulty with under-performance is that the individual is either failing to do the work the employer requires, or is doing it without adequate competence......
This Practice Note offers direction to in-house counsel on applying competency frameworks to cultivate talent across their teams, and features an example competency profile for a seasoned legal adviser. Competencies describe the behaviours people must demonstrate, or learn, to perform well in their roles and responsibilities at work. Where an organisation has adopted them, HR will usually champion competencies and act as their principal promoters within the organisation. At times HR promotes organisation-wide competencies for all staff; this can clearly pose issues for in-house lawyers, in particular, if they struggle to see their relevance to the legal function and to their role. Competency frameworks are valuable for pinpointing which team members already show potential to advance, and which have development or improvement needs that warrant attention and further support. They should not be used to criticise weaknesses, but to supply a...
What is an undertaking? An undertaking is a commitment with three core features: a statement made verbally or in writing, whether or not it uses the terms 'undertake' or 'undertaking' addressed to a person who can reasonably rely on it that you, or a third party, will do (or ensure is done) something, or will refrain from doing something All these elements must be present for an undertaking to arise. In most situations it is obvious whether an undertaking has been given. Not every assurance or expression of intention from a solicitor is an undertaking; if it were, even a promise to return a telephone call would be enforceable. Drawing the line between an enforceable undertaking and a simple statement of intent is challenging. There are no hard and fast rules; each matter depends on its own facts. For more guidance, see Practice Note: What is a...
This Practice Note is aimed at law firms. It sets out responses to common questions on politically exposed persons ( PEPs) under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), as amended, including: What is the difference between a domestic and non-domestic PEP? Is a member of the House of Lords (who does not hold ministerial role) considered to be a PEP under the MLR 2017? My client is a PEP, what next? How should I approach CDD requirements under the MLR 2017 for a UK-listed company which has domestic PEPs listed on its board? This Practice Note reflects the Legal Sector Affinity Group ( LSAG) AML guidance. What is the difference between a domestic and non-domestic PEP? The Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) brought in...
Practice Note for Law Firms This Practice Note is aimed at law firms and addresses frequently asked questions on client due diligence ( CDD) for corporate clients within the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing regime. It reflects the Legal Sector Affinity Group ( LSAG) AML guidance. Which CDD is required where the client is a body corporate under the MLR 2017? How should AML compliance be conducted for a listed PLC? Do CDD checks remain necessary on my client if its parent company is FCA-regulated? Under the MLR 2017, must CDD be applied to an officer instructing the firm on a corporate client’s behalf? Are a corporate client’s articles of association and memorandum of incorporation needed in all circumstances under the MLR 2017? When the beneficial owner of a private, unlisted company is known and the...
This Practice Note summarises General Licences issued by the Office of Financial Sanctions Implementation ( OFSI) under the UK financial sanctions framework. It does not extend to General Trade Licences from the Department for Business and Trade ( DBT). HM Treasury may change, withdraw or suspend any General Licence at short notice; always consult the licence itself before acting. See Practice Note: Sanctions-legal services general licences for an overview of General Licence INT/2025/6160920 on legal services. Full details of OFSI General Licences can be found here. For guidance on specific financial sanctions licences and exemptions, see Practice Note: Licences and exemptions in financial sanctions. For practical steps on applying for an OFSI licence, see Practice Note: How to apply for an OFSI licence and Applying for an OFSI...
This Practice Note, CDD- FAQs, is for law firms. It addresses common questions on client due diligence ( CDD) within the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing regime. When is CDD required? If you are undertaking work within the scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended (see Practice Note: Money Laundering Regulations 2017-scope and application-law firms), you must apply CDD measures when you: form a business relationship carry out an occasional transaction: that amounts to a transfer of funds within the meaning of Article 3.9 of the funds transfer regulations exceeding €1,000; or that reaches €15,000 or more, whether in a single operation or in several...
This Practice Note is aimed at law firms within scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It sets out the expectation to appoint a board-level (or equivalent) individual to take responsibility for the firm’s compliance with the MLR 2017. This function is commonly referred to as the money laundering compliance officer ( MLCO) or board-level person. Not every firm must appoint an MLCO. Sole practitioners are not required to do so, and other practices need only make an appointment where: they fall within the scope of the MLR 2017, and having regard to the size and nature of the business, it is appropriate to designate an individual Where a firm does appoint an MLCO, see Precedents: MLCO and nominated...
Practice Note People often observe that running a business involves risk, and that the greatest danger an entrepreneur faces is failing to consider risk at all. A careful organisation identifies its exposures and, where possible, controls them. This Practice Note clarifies what is meant by legal risk and sets out practical guidance for managing it. It is aimed at in-house lawyers working within UK commercial organisations. For seasoned in-house counsel, many elements of basic legal risk management will be second nature-activities you likely undertake as part of everyday work. However, as risk management evolves into a strategic business tool and expectations grow for in-house lawyers to engage actively in formal risk processes, you are encouraged to step back from a purely reactive, day-to-day approach. A proactive, strategic stance requires attention to broader legal...
ARCHIVED This Practice Note has been archived and is no longer maintained. It examines the Alternative Dispute Resolution for Consumer Disputes ( Competent Authorities and Information) Regulations 2015, SI 2015/542 ( Consumer ADR Regulations), as they apply to disputes arising before the commencement of Part 4, Chapter 4 of the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) (alternative dispute resolution for consumer contract disputes). It addresses trader information obligations, and their effect on consumer disputes and dispute resolution clauses in business-to-consumer ( B2C) contracts. It also outlines the criteria an alternative dispute resolution ( ADR) provider must satisfy to obtain certification under the Consumer ADR Regulations, and identifies the competent authorities responsible for granting such certification. Background Parts 1–3 of the Consumer ADR Regulations took effect on 7 April 2015, with Parts 4–5 commencing on 1 October 2015. They were...
UK GDPR regime This material examines the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless specified otherwise. It reflects the provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) in force on 5 February 2026 (see Practice Note: Data ( Use and Access) Act 2025—employment implications). For broader guidance on workplace data protection, consult the following Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers The UK GDPR and DPA 2018: lawful processing of personal data in employment For a fuller overview of the UK GDPR, refer to Practice Note: The UK General Data Protection Regulation ( UK GDPR). Throughout recruitment and selection, employers must process—ie collect, use and...
This Practice Note is directed at commercial organisations operating in the UK. It should be read alongside, and in tandem with, Practice Note: How to manage modern slavery and human trafficking risk. Why you need to manage this risk Modern slavery causes profound harm and suffering. Every business is urged to take proactive steps to ensure they are not complicit in such practices, whether deliberately or inadvertently. Beyond the ethical and moral imperative, MSA 2015, s 54 obliges large commercial organisations (those with total turnover of £36m or above) to prepare and publish, each year, an annual modern slavery and human trafficking statement. Non-compliance with MSA 2015 may prompt the Secretary of State to pursue an injunction in the High Court (or, in Scotland, civil proceedings for specific performance) compelling the organisation to comply. If the organisation then ignores the injunction, it risks contempt of court, which is...
Sanctions Sanctions are temporary limits or bans set by governments that govern how their citizens and businesses interact with targeted countries or regimes. They are a tool of foreign policy and may apply to countries, regimes, organisations, individuals, and entities. Sanctions will typically either be aimed at doing so......
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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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