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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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It is uncommon for the SRA to introduce rules that cap the fees law firms may charge. Nevertheless, under the Financial Guidance and Claims Act 2018 ( FGCA 2018), the SRA must set rules to prevent excessive fees for claims management work linked to financial products or services. The SRA has fulfilled this statutory duty through the SRA Claims Management Fees Rules (the Rules). The Rules also place detailed information obligations on regulated providers. The SRA has issued guidance on Claims management activity and Representing clients during claims for financial services or products. The Rules cover firms or individuals regulated by the SRA who deliver: relevant financial services claims management ( FSCM) activities; or activities that would be regulated FSCM activities but for the exclusion in article 89N of the Regulated Activities Order Relevant FSCM activities is a defined expression—see SRA glossary. The remainder of this...
Sections 45 and 46 of the Criminal Finances Act 2017 ( CFA 2017) set out two distinct offences: failing to prevent the criminal facilitation of a UK tax evasion offence (the UK tax evasion offence) and failing to prevent the criminal facilitation of a foreign tax evasion offence (the foreign tax evasion offence). Both are strict liability offences, in respect of which a ‘reasonable procedures’ defence applies......
FORTHCOMING CHANGE: The Crime and Policing Act 2026 secured Royal Assent on 29 April 2026 and displaces the current ‘senior manager’ attribution model for specified economic offences set out in the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023), removing sections 196 to 198 and Schedule 12. Section 250 of the Crime and Policing Act 2026 widens corporate and partnership criminal exposure so that, where a senior manager acts within the real or ostensible scope of their authority, liability can arise for the commission of any offence, not just those enumerated in ECCTA 2023. This provision takes effect on 29 June 2026. We will review and update this material, as needed, once the provision is in operation. This Practice Note highlights core provisions of the Economic Crime and Corporate Transparency Act 2023 ( ECCTA 2023) that may carry compliance consequences for law firms. It...
This Practice Note reviews Directive ( EU) 2019/1937 of the European Parliament and of the Council, dated 23 October 2019, on safeguarding persons who disclose breaches of Union law (the Whistleblowing Directive). It lays down rules and procedures to shield ‘whistleblowers’—people who, in a work-related setting, report information on violations of EU law in key policy fields—and, in defined circumstances, certain associated third parties. Member States had to transpose Directive ( EU) 2019/1937 into domestic law by 17 December 2021. Although implementation at national level began slowly, every Member State has now adopted at least one implementing measure. For further details, see: National implementation, below. The Directive is not part of retained EU law after IP completion day (31 December 2020) and therefore has no application in the UK. In October 2019, the UK government confirmed it would not take steps to transpose the...
Contract management within the legal department Following an audit of contract management across your organisation (see Practice Note: How to conduct a contract audit), you should now appreciate what the present process involves, or that several parallel processes exist. With this understanding, you have the groundwork to take ownership of contract management within the legal team. Your set-up might be a tactical, short-term arrangement or a carefully planned strategic framework, with options in-between, shaped by your organisation’s size, nature and the resources at your disposal. The essential point is that whichever route you choose, it must clearly demonstrate it furthers your organisation’s objectives and boosts revenue. Before introducing a contract management system for the legal department, be clear about the rationale you will use to address any objections to the inevitable shifts in existing practices. The primary case is that how the legal...
Introduction to FATF The FATF was founded in 1989 as an inter-governmental body that advances effective implementation of measures to combat money laundering and terrorist financing, as well as other threats to the integrity of the international financial system. Its membership, comprising jurisdictions and regional organisations, represents most major financial centres worldwide. It also includes many associate members and observer organisations. Its stated objective is to: ‘protect financial systems and the broader economy from threats of money laundering and the financing of terrorism and proliferation, thereby strengthening financial sector integrity and contributing to safety and security’. It delivers this by examining and developing measures to detect and prevent money laundering ( AML), combat terrorist financing ( CTF), and counter the financing of proliferation ( CFP) of weapons of mass destruction ( WMD). Other areas of focus for FATF include corruption, environmental crime, asset recovery,...
The strongest legal functions keep their gaze ahead, predicting shifts across the organisation and the wider sector, and planning how to steer the business through them. Yet the day-to-day can absorb attention. Regular team meetings provide space to look up, refocus on wider aims in a supportive, collaborative setting, and stay goal-oriented instead of reliving a ‘ Groundhog Day’ of recurring matters. This Practice Note offers in-house lawyers practical guidance on putting the right framework in place for structuring team meetings and nurturing a positive atmosphere at those sessions. The benefits of team meetings If the team resists regular legal team meetings, consider tips that reinforce your messaging and draw attention to their key advantages. Increased trust and transparency in teams Where colleagues mostly rely on digital channels—such as email or instant messenger—they may question what a team meeting delivers that those tools cannot......
This Practice Note provides an introduction to the data protection implications of establishing a global corporate whistleblowing scheme. To deliver effective corporate governance, companies need dependable ways to spot and remedy unlawful or unethical behaviour within their organisations. One means of meeting this aim is to set up internal whistleblowing arrangements, giving staff a trusted, confidential route to raise concerns about misconduct. Worldwide, more national laws are obliging businesses to put in place internal financial control procedures—often realised through whistleblowing frameworks. The US sets the pace with rigorous expectations for internal reporting and investigation of suspected wrongdoing under the Sarbanes- Oxley Act 2002 ( SOX). For a US‑regulated multinational, designing a uniform corporate whistleblowing programme across every territory in which it trades can be challenging. In Europe, organisations must also reconcile their governance goals with protecting the privacy rights of individuals named through the...
Updated November 2025 Introduction The Argentine Republic comprises 23 provinces plus a federal district—the City of Buenos Aires, the nation’s Federal Capital. Sitting on the south-eastern edge of South America, Argentina ranks eighth worldwide by land area and second in Latin America, spanning roughly 3.8 million square kilometres (about 1.5 million square miles). Its population exceeds 45 million, with around 15 million residing in Greater Buenos Aires, and an overall density close to 15 inhabitants per square kilometre. With a GDP near US$633bn, Argentina stands among Latin America’s biggest economies. Yet recurrent swings in growth and entrenched institutional constraints have hampered development. Although urban poverty has fallen compared with the prior year, it remains elevated at roughly 32% of residents, according to recent data. In December 2023 a new right-of-centre coalition assumed office, pledging a shift towards more market-friendly measures, such as easing foreign exchange...
Updated in December 2025 Introduction Germany stands as Europe’s strongest economy and ranks among the largest worldwide. Its central position across the continent underpins a tightly knit infrastructure network. The country presents excellent business conditions and enjoys strong regard from overseas investors. Far-reaching structural reforms, together with restrained growth in unit labour costs, have markedly enhanced the competitiveness of German enterprises. Outstanding infrastructure and a highly qualified workforce further underpin long-term commercial success. The Federal Government has recently expanded public spending to unprecedented levels, with a particular focus on infrastructure investment. In addition, the legislature has widened depreciation allowances and resolved to lower corporation taxes. There are numerous options for structuring a venture in Germany. The purpose of this Practice Note is to flag key issues a new business should address before commencing operations in Germany. This Practice Note is not intended to be a...
Updated in June 2025 Introduction Set in the Eastern Mediterranean, Cyprus sits at the meeting point of Europe, Asia and Africa. It is a sovereign, independent republic operating a presidential system, under a written constitution that upholds the rule of law, political stability, human rights and private property. Cyprus has belonged to the EU since 1 May 2004 and adopted the euro on 1 January 2008. In the run‑up to accession, wide‑ranging structural and economic reforms reshaped the economy, fostering a modern, open and energetic business landscape. Since entry, the island has become a natural gateway for two‑way investment between the EU and global markets, notably the fast‑expanding economies of Russia, Eastern Europe, India and China. As an international business and financial centre, Cyprus is exceptionally well positioned. Beyond its strategic location, cosmopolitan character and appealing climate, it offers first‑class commercial...
Updated in April 2025 Introduction Companies are operating ever more across borders, spurred by the rise of online services. Yet while commerce may span jurisdictions, each territory preserves its own regulatory stance, customs and market practices. Before launching in a new location, businesses should weigh potential political or legislative exposure. Such risks differ by nation, and their salience shifts with the industry and the particular priorities of the enterprise. This note highlights key points to evaluate before entering a fresh jurisdiction. Numerous organisations assess how jurisdictions perform on critical dimensions. The World Economic Forum’s Future of Growth Report 2024 recognises many of these areas as key indicators when appraising a country’s economic climate and resilience. At the close of this note you will find links to country specific guides that provide deeper reviews of the principal legal matters to address when...
The solicitors’ profession operates within a tightly controlled framework. Alongside the core legal regulators, including the Legal Services Board ( LSB) and the Solicitors Regulation Authority ( SRA), several other regulatory and public bodies influence the profession and its oversight. This Practice Note outlines how the Financial Conduct Authority ( FCA), the Information Commissioner’s Office ( ICO) and the Equality and Human Rights Commission ( EHRC) interact with the regulation of solicitors. For detail on the principal legal regulators, refer to Practice Note: Relationship between legal regulators. Financial Conduct Authority ( FCA) The FCA is the UK’s sole statutory supervisor for financial services. Its remit and aims stem chiefly from the Financial Services and Markets Act 2000, as amended ( FSMA 2000). Functioning independently from government, the FCA is wholly financed by the firms within its regulatory perimeter. The FCA Handbook can be accessed online, where all FCA...
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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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