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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 sets out practical guidance and tips for in-house lawyers on being a team player by backing colleagues, handling challenging personalities and sharing know-how. For more detail, see Practice Notes: Collaborating with legal colleagues to achieve quality and consistency and Boosting quality, productivity and transparency within the legal team. The challenges of being a team player The legal world is frequently seen as competitive, with collegiate teamwork not coming naturally. Teams with a positive collegial culture usually deliver stronger results, and, ideally, the head of legal will foster the right degree of collegial behaviour. Many organisations offer training on personality types and team working. Investing time in the theory can significantly improve how you engage with different personalities. If your organisation does not provide training, you can still build a solid understanding online, for example: ...
This note provides practical pointers for in-house lawyers on strengthening relationships within the legal team through sharper coordination, thoughtful work allocation, improved consistency and better sharing of resources. A common operating approach is for each in-house lawyer to act as the account manager for a group of business colleagues or a business area, serving as the first point of contact for new matters. The account manager should be supported by another team member, with work passed across regularly so they develop a comparable level of familiarity to the account lead. This setup offers several advantages, outlined in Practice Note: Boosting quality, productivity and transparency within the legal team. You can only run this model if the head of the team adopts it, but, as far as possible, you should still work collaboratively with colleagues. Read Practice Note: Supporting legal colleagues and sharing...
At 11 pm ( GMT) on 31 December 2020, the post‑ Brexit transition/implementation phase, created after the UK’s exit from the EU, concluded. At that moment (in UK law termed ‘ IP completion day’), principal transitional measures ceased and substantial changes started to apply across the UK’s legal framework. Before IP completion day, the Establishment of Lawyers Directive 98/5/ EC (the Establishment Directive) allowed members of specified legal professions in the EU, EEA and Switzerland to practise in the UK on a permanent footing, provided they registered with one of the UK’s legal regulators. In England and Wales, the relevant regulators were the Solicitors Regulation Authority ( SRA) and the Bar Standards Board ( BSB). Separate provisions operated for Scotland and Northern Ireland. Lawyers entered on this basis were described as Registered European Lawyers, or RELs. Since IP completion day, the REL scheme has, for the...
Why you need to manage this risk Contract management is often regarded as an exercise aimed not at attributing blame, but at spotting issues, shaping remedies, and settling matters before they turn into disputes. However, that approach represents only one element of best practice contract management. It also ensures the parties work together to realise the contract’s objectives, while overseeing compliance, addressing any shortcomings, and managing contract changes, extensions, and renewals. As all parties must fully discharge their obligations, effective management includes gathering evidence of breach so any later legal process can be supported. To address all these aspects, the management framework should be designed from the very outset of the procurement process. This guide focuses on the activities required after award of the contract and once service delivery has commenced. The key risks arising from poor or absent contract management are: failure of the...
Updated March 2025 Introduction The European Commission anticipates that Poland’s GDP growth in 2025 will continue to trail the EU average for a third year in a row. In a volatile setting, provisional data from the Central Statistical Office show GDP in 2024 rose by a modest 2.5% versus 2023, easing from 4.9% in 2022. This tempo points to a measured rebound from earlier strains, chiefly elevated inflation and higher interest rates. Although the final quarter of 2024 recorded some improvement, with year-on-year growth of 3%, it still fell short of expectations. Weaker consumer outlays, held back by flat real wages and pricier credit, have weighed on activity, while geopolitical developments are also exerting pressure. Nevertheless, infrastructure spending and a recovery in exports have offered partial support. Economists expect growth to settle in 2025, though ongoing geopolitical tensions and wider global...
This Practice Note outlines how the Proceeds of Crime Act 2002 ( POCA 2002) addresses the sharing of information within the regulated sector and, specifically, how POCA 2002, Pt 7 ( Money Laundering) provides for voluntary disclosures, compulsory notifications and collaborative joint disclosure submissions (often called ‘super SARs’) These provisions should be read alongside the principal money laundering offences of: concealment, arrangement or the acquisition, use or possession of criminal property (refer to Practice Notes: Money laundering offences—concealing, disguising, converting, transferring and removing; Money laundering offences—acquisition, use and possession; and Money laundering offences—the arrangement offence), respectively non-disclosure of a suspicion of money laundering by a person in the regulated sector, a nominated officer within the regulated sector, or another nominated officer (refer to Practice Note: Money laundering offences—failure to disclose offences) tipping off within the regulated sector and acts that prejudice an...
The aim of this Precedent is to steer the planning of the essential stages in a tender for appointing preferred external legal service providers. It is prepared on the basis that the organisation operates in the private sector, is incorporated in England and Wales, and is not bound by public sector procurement requirements. Project plan The legal procurement team should agree and record a procurement project plan from the start. Once the organisation, ideally alongside its in-house legal function, chooses to outsource some or all legal work by establishing an external panel of legal service providers, this plan becomes the framework for delivery. It serves as an internal tool to keep activity aligned and to support conversations with internal sponsors as the initiative develops. See Precedent: Procurement project plan—legal services. Initial research Before drafting the procurement project plan, carry out research into the...
Approaching appraisals positively In many organisations, appraisals (meaning a discussion coordinated by the HR function) occur just once a year. However, as the team leader, you are evaluating people continually by watching their behaviour and how others deal with them, holding one-to-one chats about the challenges they encounter, and having informal conversations with the business colleagues they support. The appraisal meeting should bring these threads together, not be the point where dissatisfaction is unveiled. It can create a very poor impression if appraisals seem like a chore—they are a vital way to show commitment to a team member’s performance and personal development. You will naturally comply with whatever procedural requirements your HR department sets, but consider the following suggestions: Advise your staff beforehand of any specific questions you plan to ask Invite them to nominate their most and least...
Section 3 of the Small Business, Enterprise and Employment Act 2015 ( SBEEA 2015) requires certain large companies and limited liability partnerships ( LLPs) to disclose information about their payment policies and outcomes. This was brought in to tackle the widely reported issue of smaller, economically fragile suppliers being kept waiting lengthy periods for payment for their goods and services. As such, the rules are closely linked to corporate social responsibility and corporate reputation. The Reporting on Payment Practices and Performance Regulations 2017, SI 2017/395, were issued on 20 March 2017 and took effect on 6 April 2017, alongside the equivalent LLP regulations. 2024 Amendment Regulations On 5 April 2024, the Reporting on Payment Practices and Performance ( Amendment) Regulations 2024 ( SI 2024/444) came into force, updating the 2017 Regulations and the LLP Regulations. Changes made by regulation 2(4) apply to each...
Key elements Routine, scheduled exchange on matters of mutual interest and concern relationships with other parts of the wider organisation challenges currently confronting the organisation stakeholder oversight and stewardship compliance risks Clear alignment on the legal department’s business plan securing buy-in (or understanding resistance) from Finance before the budgeting round gaining broad backing for resource allocations and consistent use by the business obtaining active support for legal awareness initiatives Targeted legal assistance for Finance ...
Serious and organised crime In successive Serious and Organised Crime Strategy documents, serious and organised crime is characterised as people planning, coordinating and perpetrating serious offences, whether acting alone, in groups, and/or within transnational networks; it is estimated to cost the UK £47bn each year. The principal categories of serious offences encompassed by this term are: Child sexual abuse Modern slavery and human trafficking Organised immigration crime Illegal drugs Illegal firearms Organised acquisitive crime Cyber crime Fraud Money laundering Bribery, corruption and sanctions evasion......
Pandemics are extraordinary incidents that confront organisations with harsh trading conditions, ambiguity, and notably complex information and cybersecurity challenges. Office shutdowns and enforced social distancing during such outbreaks produce atypical business scenarios, including handling an exceptionally high proportion of employees working remotely, many doing so for the first time. Core information and cybersecurity threats to assess and address during a pandemic focus on: ongoing compliance with legal and regulatory obligations cybercrime maintaining the security of systems and devices staff awareness This Practice Note examines each category and proposes practical measures you can adopt to reduce exposure. Legal and regulatory requirements Robust risk management requires you to identify, monitor and control all material risks to your business. See Practice Note: How to identify and evaluate risk across the business. Information and cybersecurity constitute significant risks for every...
The extent of the restrictions imposed by regulators or government will largely shape the risks your organisation must address during any pandemic. These constraints could be ‘light touch’ or, as witnessed with COVID-19, a stringent stance involving the forced closure of many businesses, curbs on travel, and rigorous social distancing. This guide to risk management assumes a strict approach will be in place. Accordingly, you may need to adjust the suggested measures to fit the situation your organisation faces. Furthermore, this guide does not cover the exacting requirements that regulators may impose on PLCs, financial organisations, competition law, advertising, consumer credit, etc, nor specialist areas of legislation such as employment, taxation, insolvency, or corporate law. Regulation concerning the public sector, alongside corporate accounting and finance, also lies beyond the scope of this risk management guide. Why you need to manage this risk The biggest issue for all...
Practice Note—overseas customer/client due diligence ( CDD) This Practice Note provides a single, time-saving route to each country’s company registry, acting as an all-in-one CDD resource for overseas customers/clients. It offers a hyperlinked, alphabetical directory of CDD sources by jurisdiction, covering nations from Afghanistan through to Zimbabwe. CDD forms a core element of the anti-money laundering ( AML) and counter-terrorist financing ( CTF) framework. The obligations sit within the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. For detail on when MLR 2017 CDD applies and what it entails, see Practice Notes: Money Laundering Regulations 2017—customer due diligence; and for law firms, Money Laundering Regulations 2017—client due diligence—law firms. You are responsible for determining and selecting suitable evidence to verify your customer/client’s identity. This Practice Note signposts multiple sources to support that...
This Practice Note outlines the suite of remedies—step-in rights, service credits, liquidated damages and termination—used in outsourcing arrangements, with particular emphasis on step-in rights and their relationship with other remedies. It also considers the practicalities of exercising step-in rights and the typical concerns raised by each party during negotiations on step-in provisions. Remedies An outsourcing agreement will usually set out a range of remedies the customer may elect to use where the supplier is in default, or in other circumstances where the customer needs to step into the delivery of the services. The core remedies are: step-in rights service credits liquidated damages termination Each is described below, with a fuller treatment of step-in rights; service credits, liquidated damages and termination are considered more fully in other related materials (as indicated below). From a negotiation perspective, they are also explored in Practice Notes:...
Practice Note This Practice Note is aimed at in-house counsel weighing up whether to outsource parts of their legal work to third-party suppliers of legal services. It forms part of a wider suite of tools and guidance created to support your outsourcing decisions. Use this Practice Note at the outset of the process. Its purpose is to help you assemble the information needed to determine if you should use—i.e. outsource work to—external suppliers of legal services. See also Practice Notes: Legal services outsourcing—in-house lawyers—which legal services to outsource Legal services outsourcing—in-house lawyers—outsourcing options Ultimately, gathering information enables you to shape a strategy for legal services outsourcing. See Precedent: Legal services outsourcing strategy. Whether you are exploring the potential to outsource some legal services, or have been set the immediate goal of reducing spend on external legal support, the first step is to start...
This Practice Note explains why sound due diligence arrangements are vital when preparing to outsource services. It highlights the main points to weigh at each of three suggested phases in an outsourcing initiative: the customer’s internal due diligence, the customer’s diligence on the supplier, and the supplier’s diligence on the intended outsourcing deal. It then explores practical ways to handle issues that commonly surface with due diligence in an outsourcing setting. Due diligence describes the exercise of gathering and evaluating the factual and legal framework surrounding a transaction. While in M& A transactions due diligence typically involves only the purchaser scrutinising the acquisition target, in outsourcing it should be reciprocal, with the supplier reviewing the customer’s proposed outsourcing project and the customer reviewing the supplier’s capability to deliver the services. This Practice Note covers the...
Key compliance steps The diagram set out below outlines the principal compliance stages from when your firm first contemplates an outsourcing arrangement through to post agreement auditing. It covers the following areas: Solicitors Regulation Authority ( SRA) requirements data protection requirements general risk management best practice For advice on all the stages depicted in the diagram, please see Practice Note: Outsourcing—systems and controls for law firms. Links to both Precedents and guidance notes for each step are located beneath the diagram......
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82 bring the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) into effect and operation. Measures concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement are in force and take effect from 5 February 2026, while those on penalty notices and complaints come into force from 19 June 2026, respectively. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. It examines the key employment law issues that may arise when drafting and negotiating outsourcing arrangements, with particular focus on the application of the Transfer of Undertakings ( Protection of Employment) Regulations 2006 ( TUPE), SI...
As part of your client due diligence ( CDD) obligations, you must carry out ongoing oversight of your business relationships. This Practice Note sets out the ongoing monitoring duties contained in the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. Counter-proliferation financing is the latest addition to the established anti-money laundering ( AML) and counter-terrorist financing ( CTF) framework. The MLR 2017 was amended to introduce counter-proliferation financing requirements relating to systems and controls, risk assessment, and similar areas. No specific counter-proliferation financing obligations were added to CDD, and the existing CDD rules in the MLR 2017 were not revised to refer to proliferation financing. Consequently, for now, counter-proliferation financing is not addressed in this Practice Note. For more detail, see Practice Note:...
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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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