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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 Law Society’s Wills and Inheritance Quality Scheme ( WIQS) stands as a quality mark for legal practices dealing with wills, probate and estate administration. The Law Society explains that gaining membership helps the public recognise the excellent service and the professional guarantee provided by solicitors in this field. This Practice Note flags particular Precedents in Lexis+® UK that you may use or tailor to satisfy the Core Practice Management Standards—core standards that must be met if your firm does not already hold Lexcel or CQS accreditation. 1. Risk management For detailed requirements, see: Wills and Inheritance Quality Scheme......
This Practice Note outlines the legal framework and practice on whistleblowing under the Employment Rights Act 1996 ( ERA 1996). It aims to offer high-level guidance for law firms, supporting the drafting of your whistleblowing policy. It is not a manual for handling whistleblowing claims, which fall within employment law. The Note also mirrors obligations in the SRA Standards and Regulations, together with guidance from the Law Society. What is whistleblowing? Whistleblowing describes circumstances where a worker shares information about wrongdoing (i.e. makes a disclosure), usually—though not always—relating to matters they have observed in the workplace. Such disclosures arise at work, though the information need not be limited to wrongdoing witnessed there......
Practice Note This Practice Note includes a table setting out particular instances in which legal professional privilege ( LPP) and privileged circumstances are expected to arise, and when submission of a suspicious activity report ( SAR) to the National Crime Agency ( NCA) is allowed or mandated, as appropriate. For LPP or privileged circumstances to exist, the communication must meet all of the applicable qualifying criteria. For further information, see Practice Note: Privilege, money laundering and terrorist financing. There is no definitive catalogue of communications or documents protected by LPP or privileged circumstances. The table distils prevailing views together with recent court findings. Owing to the difficulty of interpretation, you should record your reasoning and decision-making to counter any allegation that you failed to make a disclosure under section 330 of the Proceeds of Crime Act 2002 ( POCA 2002)......
This Practice Note sets out the regulatory obligations for websites that apply specifically to the legal profession, notably firms supervised by the SRA. It also summarises essential privacy considerations under the UK General Data Protection Regulation ( UK GDPR). For broader website regulatory obligations, see Practice Note: Websites—compliance requirements, which offers guidance on the principal legal and compliance issues a website operator should assess, including: the site’s nature and functions mandatory disclosure information consumer protection privacy and data protection cookies accessibility cybersecurity platform-to-business online payments advertising, promotions and direct marketing competition law taxation responsibility for third-party content online safety and suitability intellectual property and copyright compliance geographical and territorial factors SRA requirements The principal obligations are contained in the SRA Transparency Rules. Pricing...
POCA 2002 and the Terrorism Act 2000 require you to report knowledge or suspicion of money laundering or terrorist financing to the NCA via a Suspicious Activity Report ( SAR), with severe criminal penalties for non-compliance. A SAR can be: an internal report to the organisation’s nominated officer an external report to the NCA This Practice Note explains using the NCA’s SAR Portal, opened to all reporting organisations on 18 September 2023: how to register, submit a SAR, what information is needed, and what to do after submission. The SAR Portal From 18 September 2023, the Portal replaced SARs Online. Organisations must register and file all SARs through the Portal. It is solely for reporting suspected money laundering or terrorist financing, not for general crime reports. If you wish to report a crime, including fraud, you should......
This Practice Note offers an introduction and addresses matters concerning its scope of application. It sets out best practice guidance on helping your clients meet FCPA requirements, including establishing and running an effective anti‑corruption compliance programme within their organisations. The Practice Note also outlines current FCPA enforcement patterns. For organisations operating across borders, it is crucial that they grasp their duties and constraints under the FCPA. As enforcement intensifies and regulators gain unprecedented visibility into the transactions themselves, informing organisations about the FCPA is a highly valuable professional service lawyers can deliver. For further detail on the FCPA, see Practice Notes: Practical steps in a bribery investigation— UK and US perspectives and The US Foreign Corrupt Practices Act 1977 ( FCPA 1977) and Bribery Act 2010 ( BA 2010) comparison table, as well as: Best practices in FCPA...
This Practice Note presents a comparison table outlining the differences and similarities between the US Foreign Corrupt Practice Act 1977 ( FCPA 1977) and the UK Bribery Act 2010 ( BA 2010). For details on the UK BA 2010, see Practice Note: The Bribery Act 2010—an introductory guide. For material on the US FCPA, see Practice Note: US Foreign Corrupt Practices Act ( FCPA). For information on international co-operation and co-ordination between the US and the UK, together with the main considerations when investigating and enforcing potential FCPA breaches, see Practice Note: FCPA internal investigations and enforcement proceedings ( US)... Key aspects US Foreign Corrupt Practice Act 1977 Who does the Act apply to? US companies (incorporated or not), US residents and non-residents acting within the US, US...
Updated in July 2024 Introduction The United States ranks among the world’s most competitive economies. It remains the largest national market, posting an estimated 2020 GDP exceeding US$22.3trn, and performs strongly on the World Bank’s Ease of Doing Business Index. Many overseas businesses choose to build a footprint in the US for persuasive reasons. Chief among these are entry to a powerful economy and cutting-edge technology, coupled with political stability and a mature legal framework supported by established courts, regulators and public authorities. While the US tax system can be intricate, working with a US attorney can make this obligation more manageable. There are multiple options for structuring operations in the US. This guide sets out key matters a new venture ought to weigh before commencing activity in the country. It is not exhaustive, and tailored US legal advice should always be obtained prior to...
The UN Guiding Principles on business and human rights ( UNGPs) oblige companies to uphold ‘internationally recognised human rights’. This Practice Note outlines a non-exhaustive catalogue of rights understood to sit within that concept... The responsibility to respect human rights Under Principle 12 of the UNGPs, the corporate duty to respect human rights is anchored in internationally recognised standards—at minimum, those contained in the International Bill of Human Rights and the principles on fundamental rights reflected in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. For any programme aiming to comply with the UNGPs, it is essential to identify the rights articulated in these instruments. They can be grouped into three principal categories: the International Bill of Human Rights the International Labour Organization's Declaration on Fundamental Principles and Rights at Work other applicable human...
This Practice Note concisely outlines underground banking, covering its background, present applications and the risks that inevitably accompany it. It is directed especially at law practices within scope of the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, and the linked duties to identify and evaluate risk, keep policies, controls and procedures to mitigate those risks, and report conduct that creates suspicion of money laundering or terrorist financing. In March 2023, the Legal Sector Affinity Group ( LSAG) also issued an Advisory Notice concerning Chinese underground banking and money originating from China. It clearly sets out the specific dangers presented by Chinese underground banking and the regulators’ expectations around robust due diligence and source-of-funds verification. What is underground banking? Underground banking is an umbrella expression for the supply of...
The UN Global Compact ( UNGC) is a voluntary initiative launched in 2000 under the auspices of the United Nations, engaging organisations to advance responsible and sustainable business. operate responsibly in line with ten sustainability principles spanning human rights, labour, the environment, and anti-corruption take actions that support the society around them demonstrate top-level commitment, including a public pledge from the CEO or equivalent (with board support), to: embed the UNGC’s ten principles within strategy, culture and day-to-day operations engage in projects that progress the broader UN Sustainable Development Goals ( SDGs) report annually on the organisation’s efforts and progress engage locally in places where they have a presence Over 20,000 organisations in more than 160 countries have signed up to the...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, bring into effect the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Provisions concerning subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those covering penalty notices and complaints take effect from 19 June 2026. For further information, see Practice Note: Data ( Use and Access) Act 2025—employment implications. This Practice Note will be updated shortly to reflect these changes. This material currently considers Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), and, unless expressly stated otherwise, legislative links are to Assimilated Regulation ( EU) 2016/679 and the UK GDPR. For a more...
The Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) Established after Brexit, SAMLA 2018 sets out a UK‑centric system for putting sanctions in place and policing them domestically as well. The core UK sanctions regimes have been brought in via secondary legislation, and SAMLA 2018 permits regulations to be made covering the enforcement of any ban or obligation created by a regulation. See Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force. Under sanctions regulations, SAMLA 2018 authorises the imposition of trade sanctions. Such trade measures curb the direct or indirect import or export of goods, non‑financial services, or technology connected to, intended for use in, or used in or by, a specified country, region, or person. Note that trade sanctions intersect with export controls but are not the same. See Practice Note:...
What are trade sanctions? Trade sanctions are restrictions that curb, whether directly or indirectly, the import or export of goods, non-financial services, or technology, where these relate to, or are intended for use in or by, a specified country, region, or individual. The UK applies sanctions to fulfil several aims: supporting foreign policy and national security goals, safeguarding international peace and security, and countering terrorism. These sanctioning regimes are established under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018) and cover the entirety of the UK, including Northern Ireland. For further information on SAMLA 2018, see Practice Notes: The UK sanctions framework under SAMLA 2018 and UK sanctions regimes currently in force......
This Practice Note offers an overview of international sanctions regimes. It clarifies what sanctions mean, differentiates between financial sanctions and trade sanctions, and outlines the distinct legal frameworks through which international sanctions are imposed, including UN sanctions, UK domestic sanctions and EU sanctions. It also describes how sanctions are enforced and how, in the UK, penalties for breaching sanctions are applied. What are sanctions? Sanctions are temporary restrictions or bans put in place by governments that govern how their nationals and entities deal with sanctioned states or regimes. They may, for instance, forbid particular categories of goods from being exported to, or imported from, a sanctioned country, or designate individuals, companies or vessels in that jurisdiction with whom business is prohibited. In some situations, specific activities can be authorised under a licence issued by the competent...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill obtained Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025), with parts taking effect that same day. Provisions addressing matters such as dealing with data subject access requests and granting powers to make further regulations commenced immediately on 19 June 2025. Other measures, covering notices from the Information Commissioner and certain facets of law enforcement processing, began on 19 August 2025 (two months after Royal Assent). The bulk of DUAA 2025’s measures still require additional regulations, in the form of statutory instruments, before they can commence. Parts 5 and 6 update elements of UK data protection and e Privacy law, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018 and the Privacy and...
STOP PRESS: On 19 June 2025, the Data ( Use and Access) Bill secured Royal Assent, becoming the Data ( Use and Access) Act 2025 ( DUAA 2025) and partially commencing on that date. Certain parts of DUAA 2025, addressing matters such as replies to data subject access requests and the conferral of powers to make additional regulations, took effect immediately on 19 June 2025. Other elements, dealing with notices from the Information Commissioner and particular aspects of law enforcement processing, commenced on 19 August 2025 (two months after Royal Assent). Most of DUAA 2025’s measures require further regulations (as statutory instruments) to be made before they take effect. Parts 5 and 6 of DUAA 2025 amend elements of data protection and e Privacy law in the UK, including the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data...
In brief UK data protection legislation is designed to make sure information about living people (falling within the meaning of ‘personal data’) is treated fairly and responsibly. To achieve this, UK data protection law places extensive duties on anyone ‘processing’ personal data, as well as on those controlling such activities in practice. ‘ Processing’ is interpreted widely, covering almost any operation on data, such as collecting, storing, deleting, disclosing, or otherwise using it. A central safeguard within UK data protection law is, in particular, the framework of obligations imposed on ‘controllers’—generally the parties determining the purposes and means of processing—and on ‘processors’, being those who handle personal data for a controller in line with the controller’s instructions. Among other requirements, UK data protection law typically obliges controllers and processors to enter into contracts containing specified minimum terms and to ensure that any...
The Office of Trade Sanctions Implementation ( OTSI) The Office of Trade Sanctions Implementation ( OTSI) sits within the Department for Business and Trade ( DBT). It helps businesses to navigate UK trade sanctions and holds civil enforcement powers in respect of certain trade sanctions breaches. OTSI also acts as the licensing authority for specified trade sanctions licences—covering permissions to provide (and procure) particular standalone sanctioned services, as well as some export-related prohibitions concerning goods and their associated ancillary services. In the UK, responsibility for trade sanctions licensing is divided between different licensing bodies, depending on whether the activity concerns standalone services, goods, ancillary services or imports. If the planned activity falls under more than one body’s remit, you may need to submit separate licence applications. See also Practice Note: Licences and exceptions in trade sanctions. OTSI performs licensing functions granted by the relevant...
How-to guide The Office of Financial Sanctions Implementation ( OFSI) sits within HM Treasury. It communicates, implements and enforces financial sanctions in the UK. It also has powers to issue licences that permit activities or transactions which would otherwise be prohibited under the UK financial sanctions regime. OFSI can only grant licences relating to financial sanctions. If your application concerns another category of sanction, eg trade or immigration, you must send it to the appropriate department. See further Practice Note: Understanding the financial sanctions regime. OFSI licences can be general or specific: General licences. Specific licences where a transaction is involved and no statutory exception or general licence applies. Where a transaction involves a person or organisation subject to financial sanctions (directly or indirectly), and no applicable statutory exception or general licence is in place, you must obtain a specific licence to proceed without...
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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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