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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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The Consumer Contracts ( Information, Cancellation and Additional Charges) Regulations 2013 ( Consumer Contracts Regs 2013), SI 2013/3134 apply when you agree a retainer with a consumer client outside your premises. This Practice Note covers: when the regulations apply when your client has cancellation rights under the regulations how to comply with the regulations The Consumer Contracts Regs 2013 also apply where you do not meet the client at all before entering into a retainer. For more information see Practice Note: Distance contracts—law firms. The decision tree below will help you decide whether the regulations apply and, if they do, which elements you must follow, i.e. the provisions for off‑premises contracts or for distance contracts. Workflow Flowchart: off premises contract from 13.06.2014 will help you determine whether you are entering into an off‑premises contract and, if so, what information you need to provide to the...
Although the SRA does not insist on an office manual, it remains vital that staff can readily access overarching information on how the office functions and know where to locate compliance, human resources and health & safety policies internally. Practices that hold, or aim to obtain, the Legal Aid Agency Specialist Quality Mark must keep an office manual, and other firms may well view this as good professional practice. Legal accreditation schemes Lexcel Lexcel is the Law Society’s voluntary practice management standard. The Lexcel standards should generally be treated as mandatory by firms that have, or are working towards, Lexcel accreditation. They are not mandatory for other firms, though they act as a clear sign of good practice in many contexts......
In some parts of the legal market, lawyers may offer incentives to persuade prospective clients to instruct the firm. Examples of inducements include: a cash advance to be set off against sums recovered by the client in the matter a free, non-returnable i Pad or other device Personal injury matters You must not offer another person an inducement to bring a claim in civil proceedings for: damages for personal injury or death, or damages arising out of circumstances involving personal injury The prohibition extends to inducements that are intended, or likely, to encourage someone to make a claim or to seek advice from a regulated person (e.g. a law firm) with a view to pursuing a claim. It applies regardless of how the offer is presented, whether it is conditional, the timing of any offer, and even where the benefit would be...
Admiration and fascination Engagement comes more readily when you feel intrigued by and respect your organisation’s work. When legal team members have a real interest in what your organisation does, they are likelier to feel motivated and to cultivate strong relationships with business colleagues. See Practice Notes: Motivating and managing (remote) ‘direct’ reports and Building relationships with business colleagues. Help the whole team recognise what is admirable or captivating in the organisation by: promoting attendance at sessions about your organisation’s activities inviting the relevant business people to team meetings Despair and adversity Some team members may face situations where admiration is hard to muster, because they are containing the fallout from something that has gone wrong or feel overwhelmed by the challenges confronting the organisation. In those moments, engagement and motivation may focus on what can be preserved for colleagues and what can still be...
Section 7 of the Bribery Act 2010 ( BA 2010) introduced a corporate criminal offence of failing to prevent bribery. A defence is available where a commercial organisation can show it had adequate procedures in place to prevent it. The Ministry of Justice ( Mo J) has published guidance on the procedures organisations should adopt to prevent bribery, framed around six principles. These principles are not prescriptive; they are designed to be flexible and outcome-focused. Bribery prevention measures should be proportionate to the organisation’s risk exposure. Once established, they should be monitored, reviewed and evaluated, a point reinforced by Mo J principle 6— Monitoring and review. This How to guide sets out some of the ways organisations can monitor, review and evaluate their anti-bribery and corruption procedures. Importance of monitoring systems Effective monitoring and review are vital to the long-term...
This Practice Note explains the obligations under the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 concerning the screening of relevant employees and the approval of beneficial owners, officers and managers ( BOOMs). It also outlines best practice for vetting staff in anti-money laundering ( AML) compliance roles, including circumstances where the MLR 2017 do not apply. Prepared for law firms, it reflects the MLR 2017, as amended, alongside legal sector guidance... Is it necessary to carry out staff screening? If the MLR 2017 apply to your firm, you must undertake screening of relevant employees where this is appropriate, considering the size and nature of the firm’s business. For guidance on whether the MLR 2017 apply to your firm, see Practice Note: Money Laundering Regulations 2017—scope and...
This Practice Note sets out the offences, penalties and enforcement measures within the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. Under the MLR 2017, supervisory authorities are required to effectively oversee relevant persons and take appropriate action to ensure those they regulate comply. Part 9 specifies the ‘relevant requirements’, provides powers to levy civil penalties on anyone breaching a relevant requirement, and also establishes criminal offences for such contraventions. Relevant requirements The list below highlights the relevant requirements attracting civil and/or criminal penalties for commercial organisations, including law firms, and points to support within Lexis Nexis®. It excludes requirements limited to particular sectors, for example cryptoasset businesses and other FCA‑regulated entities. 18 and 18A — Risk assessment: see subtopic Risk assessment, or for law firms, Risk...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended These Regulations impose a range of obligations for identifying and controlling the risks of money laundering, terrorist financing and proliferation financing that may affect your organisation’s activities. Day-to-day oversight frequently rests with the nominated officer (commonly called the money laundering reporting officer, or MLRO), and effective governance with clear reporting routes is essential to enable both the business and its nominated officer to meet their duties. This Practice Note highlights principal points to consider when creating sound governance frameworks and reporting hierarchies as part of managing exposure to money laundering, terrorist financing and proliferation financing. The guidance is intended for general use. You should verify whether the MLR 2017 contain extra or different obligations applicable to your industry, and whether your...
Supplier audits are an effective way to spot modern slavery and human trafficking harms within your supply chain. This Practice Note outlines the features of a robust modern slavery and human trafficking supplier audit and offers guidance on who should carry out audits, how to get ready for and undertake an audit, and the steps for follow-up afterwards too. Who should conduct the audit? Whether you rely on in-house auditors, an independent consultancy, a local NGO, or a blend of these, the auditor or audit team must be trained specialists with deep understanding of risk factors. They need the skills to detect and probe labour violations and to recognise signs of forced labour, often in demanding settings, including particularly complex environments......
What is modern slavery? Modern slavery describes slavery, human trafficking and exploitation. The Modern Slavery Act 2015 ( MSA 2015), drawing on article 4 of the European Convention on Human Rights ( ECHR), identifies four forms: Slavery — exercising powers of ownership over an individual. Servitude — imposing an obligation to provide services through coercion. Forced or compulsory labour — demanding work or services under the menace of a penalty where the person has not volunteered. Human trafficking — arranging or facilitating another person’s travel with the intention of exploiting them. All businesses are urged to take sustained, concerted steps to ensure they do not benefit, directly or indirectly, from modern slavery. Beyond its ethical and moral significance, MSA 2015 aims to move issues of modern slavery and human trafficking higher up the corporate agenda. Under section 54, large...
Section 54 of the Modern Slavery Act 2015 ( MSA 2015) requires certain organisations to prepare and make public an annual slavery and human trafficking statement. This Practice Note outlines how to produce a statement that complies with MSA 2015. It sets out what amounts to slavery for the purposes of MSA 2015, which organisations are obliged to publish a statement, the expected format and content, the internal steps for approval and signature, and the publication obligations, including when and how often the statement should be issued. What is slavery? MSA 2015 encompasses four activities, defined by reference to article 4 of the European Convention on Human Rights ( ECHR): Slavery: exercising powers of ownership over an individual Servitude: imposing an obligation to provide services through coercion Forced or compulsory labour: work or services demanded under threat of a penalty, without the person...
Practice Note This Practice Note reflects material sourced from multiple SRA publications, reports and events by the SRA. Embedding a robust anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing culture cuts risk, supports compliance and safeguards reputation. Aim to foster a workplace in which colleagues recognise their AML, CTF and counter-proliferation financing duties, understand them and can discharge them. Establishing such a culture rests on several components. Key strands include the following for effective implementation. A properly briefed, trained nominated officer Policies and procedures, proportionate to the firm’s risk assessment These arrangements must be monitored, refined and enforced consistently and effectively on an ongoing basis. The UK General Data Protection Regulation ( UK GDPR) affects the data that firms are required to keep for AML, CTF and counter-proliferation financing purposes. Rights to erasure and to object influence what client information firms may retain. Firms must...
Updated in October 2025 Introduction Mexico’s business, cultural and social landscape is continually advancing, as are the legal framework and the avenues for consolidation and ongoing expansion. Elements including consistent economic growth, a favourable demographic balance, structural reforms in pivotal industries, and Mexico’s enduring legal tradition position the country as a preferred jurisdiction for doing business. Mexico provides a range of grants and incentives to stimulate enterprise. Foreign-owned companies qualify for the same support as Mexican-owned entities. These incentives concentrate on employment generation, technological research and development, construction, and the expansion of small and medium-sized enterprises ( SMEs). The business environment Mexico has an extensive network of free trade agreements spanning North America, Europe, Japan, the Transpacific Partnership and much of Latin America, creating a compelling platform for international trade with significantly reduced tariff and non-tariff barriers. Strong government measures have targeted inflation, seeking to position Mexico on a...
You can run virtual meetings by phone, on a video call or through dedicated online platforms and software, often saving considerable time and money compared with in-person sessions. Yet chairing (or merely joining) a virtual meeting is not the same as doing so in a face-to-face setting. Treat it like a conventional meeting and you risk, at best, irritation and, at worst, disorder and delay. This Practice Note sets out advice on planning and running virtual meetings, highlighting tricky areas and practical ways to navigate them effectively. It concentrates on the most problematic elements and the smartest ways to work around them in practice. This includes: why they differ from in-person meetings the value of nailing the fundamentals how to craft an agenda essential chairing skills for virtual sessions the technology behind virtual meetings preventing frequent...
This Practice Note summarises the requirements of the SRA Accounts Rules 2019, in force from 25 November 2019, concerning residual balances. It also mirrors the SRA’s mandatory Statement on the prescribed circumstances in which you may withdraw client money from a client account to donate to a charity of your choosing. See also Practice Note: How to manage a residual balances project. Suggested procedures for dealing with residual balances are outlined in the following Precedents: Accounts manual for accounts or finance team—law firms; and Accounts manual for staff—law firms. See also Precedents: Residual balance record; Residual balances register; Residual balance—monitoring review. What is a residual balance? Firms commonly hold funds for clients—this is client money (see below: Definition of client money). Typically, client money is used in delivering the matter or returned to the client. However, this does not always occur and, in some cases, funds...
Many managers worry about leading teams they do not see face to face on a regular basis, yet countless success stories show that remote teams can deliver very high levels of productivity. In short, not seeing people every day does not prevent strong performance. What follows highlights the key areas to focus on. This Practice Note looks at: getting the basics right finding the right balance for keeping in touch building team bonds agreeing a flexible way of working managing by task rather than time setting goals and measuring outcomes supervision versus micro-management points to consider when running virtual one-to-ones (121s) or handling difficult conversations, and agreeing suitable boundaries Getting the basics right The most common mistake many managers make when managing remote teams is the belief that it is the same as leading a group who work side by side in the same office environment. It is not the same. The...
This Practice Note explains how the SRA’s regulatory framework applies to firms that interact with online review platforms and comparison websites. The SRA’s guidance overlaps considerably—unsurprising, as some comparison sites also allow users to post reviews. It does not offer views on the pros and cons of using reviews and/or comparison sites, although the SRA appears keen to share data and insights on the advantages of doing so—see: SRA, Customer reviews and comparison websites SRA, Online reviews: How to engage with them, Why engage with online reviews SRA, Comparison websites: How to use them effectively Online reviews Replying to online reviews is a prime chance to: demonstrate you value client feedback underline your high-quality, personalised service bring to the fore features of your firm that may not be immediately apparent to new...
Across law firms and in-house legal teams, generational diversity has never been greater, spanning early-career entrants through to long-established experts. Veteran practitioners, newly qualified solicitors and trainees now collaborate daily, working side by side as multiple age groups contribute a broad blend of viewpoints, capabilities and expectations. By recognising these generational contrasts, you can pinpoint each cohort’s values, preferred ways of communicating and working, and harness this insight to build teams that are more effective, cohesive and inclusive across the workplace. In this practice note we will cover: an overview of generational cohorts core distinctions from one generation to the next how these differences affect the legal workplace approaches for managing generational differences a case study review a look ahead Overview of generational cohorts No one should be assessed solely by their year of birth. In this Practice Note, our goal is to...
This Practice Note sets out guidance on managing financial risk. It aligns with the SRA Standards and Regulations 2019 and outlines commonly used financial risk tools. The duty to monitor financial stability and business viability You must: proactively monitor your financial stability and business viability—and, once you become aware that you will cease to operate, carry out an orderly wind-down of your activities identify, track and manage all material risks to your business, including those that may arise from connected practices The SRA does not prescribe how this should be achieved. In practice, the level of resource devoted to financial risk management will differ between firms and depend on factors such as firm size and current financial resilience. For example, a practice that relies heavily on bank borrowings may allocate substantial resources to establish financial risk systems and review them at regular...
This Practice Note looks at how to oversee relationships with law firms your organisation engages either routinely or from time to time. Relationship management with a law firm used regularly This Practice Note proceeds on the basis that a robust selection exercise has been completed, resulting in the firms your team commonly instructs. For more on panel selection, see subtopic: Setting up a panel—overview. Key elements in relationship management The image referenced identifies five recurring ingredients for building effective partnerships with your law firms: 1. Scoping and fee parameters — When a firm is used frequently there is greater opportunity for fixed pricing or tariffs. Consider whether a comprehensive arrangement that smooths any undue pain or gain in billing suits you best, or a narrower payment structure that is widened over time. It must function for you, the firm, and your CFO. Related Practice Notes: Legal...
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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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