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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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Why you need to manage this risk Key business assets are the organisation’s possessions that are critical to ongoing operations; their loss would seriously hamper the organisation’s ability to continue operating. As with assets generally, a key asset might be tangible (for example, a paperclip or a factory) or intangible (for example, a patent or software)......
Updated in June 2025 Introduction With the world’s third-largest nominal GDP, Japan is a preferred springboard for international firms establishing a first foothold in Asia and for locating research and development centres, given the region’s rising significance and the advanced technologies of Japanese companies. It serves as a key regional hub, a gateway to neighbouring Asian markets, and a setter of trends. International companies, especially manufacturers, gain from Japan’s suppliers, from large corporates to small and medium-sized companies, renowned for high-quality products and components. The country offers a mature legal framework with reliable, impartial courts, alongside a stable democratic environment. It is widely recognised as among the safest nations, and boasts sophisticated infrastructure and high-quality medical services. Businesses can adopt multiple structures when setting up in Japan. This guide outlines key considerations for newcomers before commencing operations in Japan. This guide should not be treated as an......
Updated in April 2026 Introduction Italy is a parliamentary republic with a two‑chamber system. The Prime Minister serves as Head of Government. Parliament comprises the Chamber of Deputies and the Senate. The President of the Republic designates the Prime Minister, who must obtain Parliament’s confidence. The President’s term spans seven years. Parliamentary general elections are held every five years. Italy follows a civil law tradition. Its legal sources comprise the Constitution, statutes, secondary legislation, EU regulations (directly applicable and not requiring implementation) and EU directives (which must be enacted through national legislation). The nation is organised into 20 regions. The Constitution grants regions legislative powers in specific fields, including public health, education, agriculture and tourism. Italy is a founding member of the EU. Business environment Italy ranks among the world’s largest economies, typically within the top ten by GDP, and is Europe’s...
Updated in October 2024 Introduction Ireland is regularly placed among the world’s leading destinations for setting up international operations. The country has drawn many of the globe’s largest enterprises to base activities here, spanning global technology, pharmaceuticals, biosciences, manufacturing and financial industries. Ireland’s pull as a business hub stems from the pro-investment stance of successive Irish governments, EU membership, a highly favourable rate of corporation tax, and a talented, adaptable labour force. Together, these and other elements make Ireland a compelling choice for foreign direct investment. Following the UK’s departure from the EU on 1 January 2020, and the end of the transition phase on 31 December 2020 that had kept the UK within the customs union and single market, Ireland’s role as an English-speaking gateway to one of the planet’s largest markets has grown in importance. Several organisations have already...
This Practice Note sets out what the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs ( SRA Code for Individuals) and the SRA Code of Conduct for Firms ( SRA Code for Firms) require when making introductions to third parties. A distinct Practice Note applies where third parties send clients to you—see: Referral and fee sharing arrangements for further detail on referrals. It does not address scenarios where you merely instruct a third party for your client as part of their matter. See section, Difference between introducing and instructing a third party, and the separate Practice Note: Instructing third parties. Where appropriate, firms should also consider duties under the SRA Financial Services ( Scope) Rules and SRA Financial Services ( Conduct of Business) Rules concerning consumer credit or insurance distribution work and related activity. See the Practice Notes below: Insurance...
We provide an interactive resource. It highlights principal risk management concerns spanning core compliance domains, such as data protection, crime prevention, and information and data management. For each compliance area, there’s......
This Practice Note sets out recommended steps and suggested procedures for assessing and overseeing third parties, such as barristers and experts, that your firm instructs on client matters. This differs from introducing your client to a third party, for example a financial adviser or another lawyer—see the separate Practice Note: Introductions to third parties. Difference between instructing a third party and introducing a client to a third party The SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs ( Code for Individuals), together with the SRA Code of Conduct for Firms ( Code for Firms), sets particular duties in relation to ‘referrals, introductions and separate businesses’. Although not entirely definitive, the language used in the Codes appears to suggest that these obligations apply when you refer or introduce your client to external third parties (or when receiving referrals from such third parties), rather than when simply...
This Practice Note is for law firms and individuals regulated by the SRA. It reviews the requirements in the SRA Codes of Conduct when instructing third parties. A separate Practice Note covers situations where clients are sent to you by third parties—see Practice Note: Referral and fee sharing arrangements. See also section: Difference between instructing and introduction to a third party and separate Practice Note: Introductions to third parties. SRA regime The SRA's core regulatory requirements are contained in the SRA Code of Conduct for Solicitors, RELs, RFLs and RSLs ( Code for Individuals) and the SRA Code of Conduct for Firms ( Code for Firms), and should be read in the context of the SRA Principles. Difference between instructing and introduction to a third party The SRA Codes of Conduct impose specific obligations concerning ‘referrals, introductions and separate businesses’. Although not completely clear, the wording of the Codes...
Managing the human resources in your legal team Overseeing the people element of your legal team is not a task to hand over to HR alone. It is central to legal operations. Your operational remit is to deliver the best outcomes at the lowest viable cost. From a human resources viewpoint, this is achieved by ensuring each matter is handled by the right lawyer—inside or outside the business—at the right time. To make this happen, you must align all resources to minimise legal and compliance risks by: reorganising your in-house team, engaging lawyers with specific expertise and appointing law firms and/or consultants, while carefully monitoring expenditure. If you are worried that you lack the knowledge, inclination or experience to manage people, it is strongly advised that you develop the required capabilities, as this will pay dividends in how your team provides legal services to your...
Until quite recently, outsourcing legal work largely involved approaching external lawyers, virtually cap in hand. Now, the landscape has matured and diversified, leaving in-house lawyers with an array of business and service delivery models to select from. This Practice Note is aimed at in-house lawyers contemplating handing portions of legal work to external suppliers. It forms part of a broader suite of guidance and Precedents created to support your outsourcing decision. It sets out the range of outsourcing options and encourages consideration of: getting more from existing arrangements, including internal resource engaging external counsel alternative legal services providers ( ALSPs) business process outsourcing ( BPO) See also Practice Notes: Legal services outsourcing—in-house lawyers—information gathering Legal services outsourcing—in-house lawyers—which legal services to outsource Exploit what you already have Before turning to outsourcing, can you make better use of what already...
Key elements Click below for a PDF version: Alan Chapman of www. Businessballs.com outlines the duties of a team leader when guiding individuals: know team members as distinct people—their personality, skills, strengths, needs, aspirations and worries help and support individuals—their plans, issues, challenges, highs and lows define and agree suitable personal responsibilities and objectives give credit and commend individuals—recognise effort and good work where appropriate, reward people with added responsibility, progression and standing spot, develop and utilise each person’s abilities and strengths coach and grow individual team members foster personal freedom and authority When those who report to you are themselves managers of other team members, you should......
Before you can begin to take control of contract management in the legal department, you first need a clear view of how current commercial and legal processes function. Undertake a contract management audit that spans all stakeholders, resources, and processes across your organisation (including the legal team) affecting the lifecycle of contracts, from negotiation and drafting through to execution and management. This Practice Note sets out ways to run an audit of contract management and signals the topics you should probe during that exercise. Conducting the audit There are several approaches you could use to carry out an audit in your organisation: Impromptu hallway or office conversations Advantage: In smaller organisations, ad hoc chats may yield the information you need. ...
Overview of the finance department The finance team typically partners closely with the legal function to translate the commercial terms set by management and/or sales into arrangements that deliver the strongest financial position for the company. Much like legal, finance tends to interact with every corner of the organisation, unlike many other teams that have little day-to-day reason to engage widely. Working with external suppliers to secure the most suitable partner and the most competitive deal Making sure money owed and due is paid and collected on time Collaborating with all departments so that budgets are followed and not overspent Finance also focuses on safeguarding the business by ensuring payment terms align with operational needs, preserving rights of recourse where the company is the supplier in cases of late or missed payments, and in relation to obtaining the products and services for which it...
Practice Note For in-house legal teams working within tight budgets, the cost of legal support is a pivotal concern. At worst, pricing terms that are not carefully discussed or confirmed can trigger a total collapse in the solicitor–client relationship. This Practice Note sets out guidance on the range of fee arrangements and pricing models open to in-house teams when procuring legal services from a panel of law firms or alternative legal services providers. It addresses the purchase of legal services with a panel of law firms or other legal services suppliers, and negotiation of fee structures and models. It also outlines the value-add options sometimes included during fee negotiations as part of a procurement exercise, such as secondments and training. For a generic illustration of an invitation to tender ( ITT) see Precedent: Invitation to...
Protecting clients’ confidential information is central to your dealings with them, both legally and as a matter of professional conduct. This obligation persists beyond the conclusion of a retainer and even after a client has died. When deciding if you can act where confidentiality is engaged, reflect on four principal points: what amounts to material confidential information what constitutes an adverse interest what the common law requires for effective safeguards what is informed consent This Practice Note focuses on informed consent. For guidance on the remaining issues, see Practice Notes: Material confidential information and adverse interests, and Safeguards and information barriers. The duty of confidentiality— SRA requirements You must keep clients’ affairs confidential unless: disclosure is required or permitted by law, or the client consents For further guidance on the general duty of...
Information security is now a critical business matter. It is not an issue to approach alone, as it clearly intersects with cyber security and data protection. This Practice Note describes a coherent method for reviewing and meeting your information security needs and signposts relevant Precedents. For more comprehensive advice, see Practice Note: How to comply with information security requirements. Identifying what information you hold There are various management techniques, such as information audits, that help you determine what information you hold and what you are legally accountable for. An information audit is a process through which you: identify and review all information you hold (or are responsible for), and assess how......
This Practice Note has been carefully put together to assist you to: pinpoint the information and data your firm currently retains and for which it ultimately bears responsibility (often referred to as your information assets) assess the related risks (the information risks) explore practical ways those information risks can be reduced or eliminated The time spent identifying and managing information and the related risks will vary widely from firm to firm and will depend on numerous different factors, such as the size of the firm and the extent to which it holds and processes information and data, including personal data. Identifying what information you hold, manage or are responsible for There are several management tools available to help you determine what information you possess and are legally accountable for. One such tool is an information audit......
Updated in March 2025 Introduction The Republic of Indonesia, home to an estimated 285.7 million people in 2025, continues to be Southeast Asia’s biggest economy and a major presence in the global economic arena. As worldwide focus shifts further towards Asia, Indonesia’s position as a prominent destination for trade and investment is unmistakable. As an ASEAN member, it benefits from the bloc’s resolve to widen and deepen collaboration among member states to establish a free trade zone, evidenced by the rapid enactment and development of the ASEAN Economic Community. Indonesia is the only Southeast Asian nation within the G20, the forum of the world’s wealthiest nations. The country’s abundant natural resources underpin its prosperity, with significant revenues derived from petroleum, natural gas, and other mining activities. Agriculture also remains a vital component of the economy. By 2030, Indonesia is forecast to be among the world’s top ten...
Updated in December 2025 Introduction India remains one of the fastest growing economies globally. Foreign Direct Investment ( FDI) in FY 2024–25 reached US$80.62bn, the highest level in the past three financial years. In the first half of FY 2025–26, total FDI inflow was provisionally US$50.36bn, marking a 16% rise on the first half of FY 2024–25, which recorded US$43.37bn. As the world’s third-largest startup hub, India’s startup ecosystem is alive with innovation, ambition and a vibrant entrepreneurial mindset. Around 201,335 recognised startups have generated over 21 lakh jobs nationwide, with at least one recognised startup present in every state. This Practice Note offers a broad legal overview for doing business in India. It is drafted in general terms, and how it applies to any particular matter will depend on the specific circumstances. Readers should seek their own professional advice, and this Practice Note should not be...
The UN Guiding Principles on business and human rights ( UNGPs) mark a change in how human rights concerns are addressed. It is now recognised that these matters are not confined to nation states and international organisations. Businesses operate worldwide through increasingly intricate structures and supply chains, and therefore bear a corporate responsibility to respect and manage human rights within their operations—over and above any legal obligations placed upon them. Endorsed by the UN Human Rights Council in 2011, the UNGPs set out a framework for states and business organisations to identify and tackle human rights risk linked to business activity. This Practice Note highlights the key elements of the UNGPs, explains how they apply to business organisations, and suggests practical ways an organisation can embed them within its...
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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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