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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 currently being revised to incorporate the Data ( Use and Access) Act 2025 ( DUAA 2025), which amends the UK GDPR and the Data Protection Act 2018. For further guidance on the compliance implications of DUAA 2025, see Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note is aimed at in-house lawyers and privacy and compliance specialists within private sector commercial organisations in the UK. It sets out how to manage cross-border transfers of personal data and outlines the legal and practical difficulties organisations encounter with international data flows. It aligns with ICO guidance on international transfers, including guidance on transfer risk assessments ( TRAs). It is not intended for public sector organisations. It also reflects the United Kingdom General Data Protection Regulation ( UK GDPR) and the Information...
The Russia ( Sanctions) ( EU Exit) Regulations 2019 ( SI 2019/855), made under the Sanctions and Anti- Money Laundering Act 2018, establish the UK’s Russia sanctions regime. Its aim is to encourage Russia to: halt activities that destabilise Ukraine, including conduct that undermines or threatens Ukraine’s territorial integrity, sovereignty and independence promote payment of compensation by Russia for damage, loss or injury suffered by Ukraine For information on the UK sanctions regime against Belarus, see Practice Note: Sanctions regime— Belarus. Key information The Russia ( Sanctions) ( EU Exit) Regulations 2019 ensure Russia-related sanctions are effectively implemented in the UK. In force from 31 December 2020, they replaced the previous EU sanctions regime responding to Russia’s actions in Ukraine. The measures include: Financial sanctions Immigration sanctions Trade sanctions Transport sanctions Director disqualification sanctions For further information, see section: What’s prohibited? The territorial extent of the Regulations covers the whole of the UK,...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the outstanding provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). From 5 February 2026: subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers, and enforcement. From 19 June 2026: penalty notices and complaints. 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 provides guidance on an individual’s rights as a data subject within the employment context. It aligns with the UK GDPR regime, and legislative links are to Assimilated Regulation ( EU) 2016/679, UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless stated...
ARCHIVED: This Practice Note has been archived and is not maintained For further details, see the subtopic New and updated content in Practice Compliance. This Practice Note outlines, month by month, whether we have introduced substantive revisions to existing material or released new material in Practice Compliance during 2023. Items may have been created or revised to mirror regulatory developments or as part of our continuing content programme. December 2023 New Practice Note: Responding to a data subject access request—information identifying other individuals — Content development New Practice Note: Responding to a data subject access request—protecting third party rights — Content development Updated Practice Notes: — Designation of sanctions targets under the UN sanctions, UK sanctions and EU sanctions regimes — Financial sanctions—offences — Updated for Russia ( Sanctions) ( EU Exit) Amendment ( No. 4) Regulations 2023 Updated Practice Note:...
This Practice Note sets out and clarifies the principal issues to consider when negotiating and drafting limitation of liability provisions in information technology and business process outsourcing contracts. It addresses: Legal principles Approaches in outsourcing Heads of losses Specific provisions in the agreement Dealing with data protection liabilities General considerations For comprehensive commentary on excluding and limiting liability in commercial contracts more generally, see Practice Note: Exclusion and limitation of liability, and for hands-on guidance on negotiation and drafting, refer to: Drafting and negotiating a limitation of liability clause—checklist. For a sample limitation of liability provision, see Precedent: Limitation of liability clause. Legal principles A contractual term that excludes or limits liability is governed by both statute and the common law, with most of the significant statutory controls contained in the Unfair Contract Terms Act 1977 ( UCTA 1977). The courts are, nonetheless, usually disinclined to disturb commercial bargains reached between...
ARCHIVED: This Practice Note has been archived and is not maintained For further details, see the subtopic New and updated content in Practice Compliance. This Practice Note outlines, month by month, whether we have revised existing material or issued new material in Practice Compliance. Updates may follow regulatory change or form part of ongoing content development. December 2018 New or updated? New subtopic: Brexit—compliance and risk management Practice Notes: Brexit—exiting the EU under Article 50 [ Archived] Brexit legislation tracker Brexit risk management guide [ Archived] The status of EU law in the UK after Brexit [ Archived] The Data Protection Act 2018 ...
This Practice Note sets out essential guidance for firms when delivering unbundled advocacy services or aiding a client in a contentious matter. A distinct Practice Note addresses the provision of general advice and assistance on an unbundled basis: Unbundled legal advice, alongside an overarching Practice Note on What to consider when offering unbundled services. If you are contemplating unbundling legal services to, or from, a separate business, consult also Practice Note: Separate business and unbundling legal services. Litigants in person may prefer to obtain advice before attending court where they will speak for themselves. Alternatively, they might run the claim personally yet ask a firm to secure representation for a specific hearing. Some clients are court-literate, eg because they possess a legal background or other expertise that prepares them to handle their own case. Many others have little choice but to act without a lawyer due to...
The Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692 MLR 2017 form part of the UK’s broader framework for anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing. They set out administrative obligations that sit alongside the criminal aspects of the regime contained in the Proceeds of Crime Act 2002 ( POCA 2002), the Terrorism Act 2000 ( TA 2000) and related sanctions measures, with some overlap between these laws. The MLR 2017 extend to specified categories of persons acting in the course of business in the UK (see Practice Note: Money Laundering Regulations 2017-scope and application-law firms). For solicitors and law firms, the chief categories of interest are: independent legal professionals engaged in certain financial or real property transactions trust or company service...
This Practice Note is aimed at commercial organisations in the UK. It explains the requirement to appoint a European representative under the EU GDPR. That requirement applies to most UK organisations that: do not have any EEA offices, branches or other establishments, and offer goods or services to, or monitor the behaviour of, individuals in the EEA It reflects the requirements of the EU GDPR, ICO guidance on European representatives and EDPB guidelines on the territorial scope of the GDPR. It also briefly addresses the parallel duty under the UK GDPR for EU organisations that do business in the UK to appoint a representative in the UK. When are you required to appoint a representative? You must appoint a European representative if you: are based in the UK have no offices, branches or other establishments in the EEA, and offer goods or...
This Practice Note sets out guidance on an individual’s rights as a data subject in the employment setting. It explores the matters an employer organisation should consider when drafting a privacy notice to fulfil the right to be informed, which applies to employees, as well as other workers and contractors. It refers to employers and to employees, although comparable principles apply where people are workers or independent contractors. It reflects the UK GDPR framework, and legislative references are to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless stated otherwise. For an overview of the key themes of Assimilated Regulation ( EU) 2016/679, UK GDPR and DPA 2018, and guidance on issues relevant to employment lawyers, see Practice Notes: The UK GDPR and DPA 2018: key data...
Trade sanctions Trade sanctions place restrictions on the following: the import, export, transfer, movement, supply, and procurement of goods and technology the delivery and sourcing of services connected to goods and technology the supply and obtaining of specified non-financial services This Practice Note outlines exceptions and licences permitting activities otherwise prohibited by trade sanctions. For general guidance on trade sanctions, see Practice Notes: Understanding the UK trade sanctions regime; Trade sanctions—offences; and The enforcement of trade sanctions breaches in the UK. This Practice Note concerns trade sanctions only. For information on licences and exemptions in financial sanctions, see Practice Note: Licences and exemptions in financial sanctions. For background on the UK’s domestic sanctions framework, governed by the Sanctions and Anti-money Laundering Act 2018 ( SAMLA 2018) and regulations made under it, see Practice Notes: The UK sanctions framework under SAMLA 2018 and...
Increasingly, organisations are required to conduct investigations to meet their legal obligations. Typical triggers for an inquiry include: An individual raising concerns internally, for example via a whistleblowing hotline. A demand from a regulator or criminal agency. Pre‑merger or acquisition due diligence. A civil litigation claim. An internal or external auditor’s report. Media reports. An external allegation, eg from a customer or counter-party. For multinational groups, a persistent difficulty is the friction between data protection rules and duties created by laws tackling financial crime. Under the Bribery Act 2010, the burden of proof is reversed: the business must prove it had adequate procedures to stop those performing services for it from committing bribery, rather than prosecutors proving it did not. The tax evasion facilitation regime operates similarly. See Practice Notes: Failure to prevent bribery—the offence and Failure to...
STOP PRESS: We are revising this document to align with the coming into force of the Data ( Use and Access) Act 2025 ( DUAA 2025), which modifies the UK GDPR and the Data Protection Act 2018. For further detail on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note is aimed at in-house counsel and privacy/compliance specialists working within private sector commercial organisations. It explains how to carry out a transfer impact assessment when exporting personal data from the UK or EU relying on the EU standard contractual clauses ( SCCs), the International Data Transfer Agreement ( IDTA), or binding corporate rules ( BCRs). Where one of these transfer tools is used, you are required to evaluate data protection risks in the destination country by undertaking an appropriate transfer assessment. The UK data...
STOP PRESS: This document is currently being revised to account for the coming into force of the Data ( Use and Access) Act 2025 ( DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For further detail on DUAA 2025’s compliance impact, consult Practice Note: Data ( Use and Access) Act 2025—compliance implications. This Practice Note is aimed at in-house counsel and privacy and compliance specialists within private sector commercial organisations in the UK. It explains how to carry out a transfer risk assessment when exporting personal data from the UK using standard contractual clauses ( SCCs), the International Data Transfer Agreement ( IDTA) or binding corporate rules ( BCR). When you rely on any of these transfer tools, you must evaluate data protection risks in the destination jurisdiction by completing an impact or risk assessment. The...
Why you need to manage this risk Data protection ranks among the toughest strands of risk management—the framework is intricate and far‑reaching, operates across UK and EU spheres, changes continually and attracts legal disputes. It spans UK, EU and international regimes, shifts regularly and meets litigation. Breaching obligations under the UK General Data Protection Regulation ( UK GDPR) can leave an organisation facing significant reputational harm, claims from dissatisfied data subjects and penalties of up to £17.5m or 4% of total worldwide annual turnover. Comparable sanctions exist under the EU GDPR. Top five priorities The table below sets out five core priorities for managing data protection risk and flags why each matters. It gives the heads‑up on why each is prioritised. The main body of this Risk management guide then explores each priority in depth and includes mini action lists...
Conflict in Ukraine news & analysis tracker—2022 [ Archived] ARCHIVED: This Practice Note is archived and no longer updated. It compiles news and commentary released across Lexis+® UK from 24 February 2022 relating to the conflict in Ukraine. For information on financial sanctions, see the Financial sanctions toolkit, which brings together Lexis+® UK resources offering insight and practical guidance on UK and international financial sanctions regimes. 22 December 2022 — Ukraine conflict— OFSI issues General Licences INT/2022/2469656, INT/2022/2470256, INT/2022/2470056 and INT/2022/2470156— LNB News 22/12/2022 41. HM Treasury’s Office of Financial Sanctions Implementation ( OFSI) has issued General Licences under Regulation 64 of the Russia ( Sanctions) ( EU Exit) Regulations 2019, SI 2019/855. The Licences give effect to the Oil Price Cap, curbing Russia’s access to excess oil revenues by limiting sales at global market prices, while allowing Russian oil to reach third...
Conflict in Ukraine news & analysis tracker—2023 [ Archived] ARCHIVED: This Practice Note is no longer active and is not being maintained. It compiled Lexis+® UK news and analysis from 2023 concerning the conflict in Ukraine. For current updates on sanctions tied to Russia and the Ukraine conflict in 2024 and thereafter, subscribe to our news alerts and weekly highlights. For developments from 2022, see Practice Note: Conflict in Ukraine news & analysis—tracker. For financial sanctions content, consult the Financial sanctions toolkit, which gathers Lexis+® UK Practical Guidance resources offering insight and practical guidance on UK and international financial sanctions regimes. 20 December 2023 — OFSI updates General Licence— Oil Price Cap INT/2022/2469656— LNB News 20/12/2023 57. The Office of Financial Sanctions Implementation has revised General Licence— Oil Price Cap INT/2022/2469656, first issued on 4 December 2022 and previously amended on 20 December 2023. The...
This Practice Note sets out the regulatory obligation to implement robust systems and controls to reduce and manage the risks of money laundering, terrorist financing and proliferation financing, as required by the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. Is it mandatory to implement systems and controls under the MLR 2017? If the MLR 2017 apply to your firm, you must: put in place and maintain policies, controls and procedures to mitigate and manage effectively the risks of money laundering, terrorist financing and proliferation financing identified in your firm-wide risk assessment ( FWRA) regularly review and update those policies, controls and procedures keep a written record of: those policies, controls and...
This Practice Note explains the reach and operation of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as amended. It is intended for law firms. Scope The MLR 2017 form part of the UK’s wider anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing framework. They create administrative obligations that sit alongside the criminal limbs of the regime found in the Proceeds of Crime Act 2002 ( POCA 2002), the Terrorism Act 2000 ( TA 2000) and related sanctions legislation. There is some overlap. These requirements run parallel with criminal provisions. Since taking effect in June 2017, the MLR 2017 have been amended on numerous occasions. Their objective is to stop the misuse of professional services for money laundering by requiring professionals to know their clients and to keep under review how...
Under the Bribery Act 2010 ( BA 2010) Giving or accepting a bribe constitutes a criminal offence under BA 2010. BA 2010 also sets out two specific offences aimed squarely at tackling commercial bribery: the bribing of a foreign public official a distinct corporate offence of failing to prevent bribery by the organisation A commercial organisation may commit the corporate offence in circumstances where an associated person pays a bribe intending to secure or keep business, or a business advantage, for the organisation—see Practice Notes: The Bribery Act 2010—an introductory guide and Failure to prevent bribery—the offence. An organisation can likewise incur criminal liability for a bribery offence committed by a senior manager of the organisation, provided that senior manager was acting within the scope of their authority—see Practice Notes: How to manage corporate criminal liability risks and How to identify and assess corporate criminal...
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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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