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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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This Practice Note summarises what the SRA Accounts Rules ( Accounts Rules) require in relation to receiving and transferring costs, and mirrors the SRA’s supporting guidance: SRA, Helping you keep accurate client accounting records. Money received or held in respect of unbilled fees or disbursements There is a defined meaning of client money. It includes funds you hold or receive towards your fees and any unpaid disbursements where these are received before you issue a bill for them. The SRA elaborates in separate guidance: ‘client money is money of any currency that is received and held as cash, cheque, draft or electronic transfer by a firm when they are providing legal services’. Examples include amounts for the firm’s fees, and any outstanding expert fees, received before a bill has been sent to the client for those sums. Where money held or received for unpaid...
Updated in March 2026 Introduction The Republic of Korea ( South Korea, and called ‘ Korea’ throughout this Practice Note) offers conducive conditions for accessing the East Asia marketplace, helped by its centrally placed position within the region’s transport corridors. Korea presently holds free trade agreements with 59 partners in total, including the US, the EU, China, ASEAN, India, and Chile, and is positioning itself as a global commercial hub, not only an East Asian one. Korea actively promotes inbound foreign investment via a suite of laws that grant overseas investors various incentives, such as tax reliefs. Businesses can choose from multiple structures when establishing operations in Korea. Alternative entry routes and models are likewise available for tailoring a presence to specific needs in Korea. This guide seeks to spotlight several pivotal considerations a new enterprise must address before commencing activity in Korea. It is not...
Revised in December 2025 Introduction As one of the continent’s biggest economies, South Africa offers a strong springboard for investment and commerce across Africa, especially in sub- Saharan markets. The country benefits from mature infrastructure and long-standing trading links with its neighbours. Businesses can adopt multiple structures when establishing operations in South Africa. This Practice Note outlines principal considerations for new entrants before commencing activities in the country. It is not a comprehensive manual, and tailored South African legal advice should always be obtained when forming and running a business locally. South Africa has three spheres of government: National Provincial Local The National Assembly is the highest law-making authority, and its statutes apply nationwide. There are nine provinces, each with a legislature, a premier and an executive council. Although certain areas fall within the exclusive legislative remit of the National Assembly, provincial legislatures may craft their own laws and...
The ( SRA) serves as the Law Society’s independent regulator. It regulates: individual solicitors, registered European lawyers ( RELs), registered foreign lawyers ( RFLs), registered Swiss lawyers ( RSLs) and non-lawyer employees, owners and managers of regulated law firms law firms, e.g. sole practices, partnerships, LLPs and companies delivering legal advice and services as: a solicitor practice (i.e. a firm owned and run by solicitors), or an alternative business structure ( ABS) (e.g. a firm with non-lawyer owners or managers, including multi-disciplinary practices) The SRA does not speak for the solicitors’ profession; that is the Law Society’s role. Its aim is to ensure consumers receive appropriate standards of service and that the rule of law is maintained. This Practice Note sets out the SRA’s...
Solicitors Qualifying Examination ( SQE) Up to 31 August 2021, the main pathway to become a solicitor (the training contract route) required completion of: the academic stage at an approved education provider, namely: a qualifying law degree the Common Professional Examination ( CPE) an exempting law degree an integrated course the vocational stage, comprising: the Legal Practice Course ( LPC) a period of recognised training, i.e. a training contract with an authorised training provider the Professional Skills Course Candidates also had to meet the SRA’s character and...
This Practice Note delivers a high-level overview of the varied forms of social media services and sites, setting out principal ways organisations may deploy them in practice today, while also recognising several business risks that accompany social media use at a glance... Key social media types Social media sites such as Facebook, Tik Tok, Twitter (now known as X), You Tube, Linked In and Instagram commonly sit at the heart of campaigns and community-building efforts. This is in part due to the strong control they give over targeting and reaching specific audiences... A business’s approach to social media will typically be shaped by the nature of its industry, the audience segment in view (for example, Instagram and Tik Tok are popular with 16–24-year-olds), the online spaces and communities its customers and target market frequent, and the likely effectiveness of each site in supporting the...
Simplified client due diligence ( SDD) You may adopt simplified client due diligence ( SDD) for specific business relationships or transactions that you judge to carry a low risk of money laundering or terrorist financing, having considered: your firm-wide risk assessment—see Practice Note: Money Laundering Regulations 2017—how to identify and assess firm-wide risks—law firms and Precedent: Money laundering, terrorist financing and proliferation financing firm-wide risk assessment—law firms relevant information supplied by your supervisory authority, and the risk factors outlined at section: Assessing the risk This Practice Note outlines your choices regarding SDD and how these apply in day-to-day work. It reflects the Money Laundering, Terrorist Financing and Transfer of Funds ( Information on the Payer) Regulations 2017 ( MLR 2017), SI 2017/692, as...
This Practice Note explains what the SFO is, why it may conduct a raid, the scope of its powers, and the implications of not co-operating with one. What is the SFO? The Serious Fraud Office ( SFO) investigates serious or complex fraud and corruption, often featuring an international aspect or likely to draw publicity. The SFO states it undertakes a small number of large economic crime cases. When deciding whether to open an investigation, the Director applies the Statement of Principle, taking into account: whether the apparent criminality undermines UK PLC commercial or financial interests in general and in the City of London in particular whether the actual or potential financial loss involved is high whether actual or potential economic harm is significant whether there is a significant public interest element whether there is a new species of...
SFO’s key policies on prosecuting bribery offences The Serious Fraud Office ( SFO) is the principal authority investigating and prosecuting corporate bribery in the UK. In conjunction with the Crown Prosecution Service ( CPS), it may enter into deferred prosecution agreements ( DPAs) with organisations, allowing them to sidestep some of the impacts of a prosecution. For further detail, see Practice Note: Deferred Prosecution Agreements ( DPAs). The SFO releases a range of policies and internal guidance that direct investigators and prosecutors handling bribery matters. Organisations, and those who advise them, should understand these materials as they illuminate the SFO’s stance on specific issues. The key SFO policies and guidance are: the Ministry of Justice’s ( Mo J’s) guidance on the Bribery Act 2010 ( BA 2010) the SFO’s Cooperation Guidance the SFO’s guidance on Evaluating a Corporate...
The SRA Standards and Regulations allow law firms and legal service providers to organise their businesses in several formats, depending on whether they deliver reserved legal activities. Options comprise: a single SRA-regulated entity delivering both reserved and non‑reserved services an SRA‑regulated entity delivering reserved legal services, with some or all non‑reserved work carried out by a separate, non‑ SRA regulated business (which, importantly, may employ SRA‑regulated solicitors) a non‑ SRA regulated entity supplying only non‑reserved legal services, employing SRA‑regulated solicitors a freelance solicitor—see Practice Note: Dealing with freelance solicitors This Practice Note offers guidance to law firms on running a separate business, including allocating parts of a client matter between the law firm and the separate business, which will entail unbundling legal services. It reflects the Legal Services Act 2007 ( LSA 2007) and the SRA Standards and...
The Criminal Finances Act 2017 ( CFA 2017) From 30 September 2017, a new corporate offence—failing to prevent the facilitation of tax evasion—took effect under CFA 2017. Government guidance outlines what it expects of compliance frameworks. This Practice Note reflects the final statute and accompanying guidance. That guidance should be approached and applied proportionately, according to risk. This means considering your organisation’s size, nature and complexity. Proportionality requires measures that are reasonable and appropriate to those circumstances. Assessments should focus on the particular risks your business faces and the resources available. Implementation will differ: a small enterprise in a low‑risk field may reasonably do far less than a major multinational operating in a high‑risk area. Consequently, identical controls will not suit every organisation or sector, and practices must be tailored. The Law Society has likewise issued CFA 2017 guidance for law firms, approved by the...
This Practice Note outlines how to engage effectively with your professional indemnity insurance ( PII) brokers and underwriters, covering: questions to ask your broker meeting insurers what insurers like to see in firms they are insuring other steps you can take to impress insurers The material here informs rather than exhausts the topic; you may wish to ask your broker or insurer about their preferred approach. Approaches can differ between providers. Questions to ask your broker The questions you ought to put to your PII broker include: insurers’ financial strength—rating and capitalisation benchmarking aggregation meeting with insurers Insurers’ financial strength: rating and capitalisation One of the clearest markers of financial robustness is a positive rating from an independent agency. The SRA list of participating insurers provides rating details; use these when comparing PII quotations. Your broker will also hold...
You can prompt business colleagues to engage with the legal team more consistently in four principal ways: boost their legal awareness so they can recognise issues early and request guidance promptly underline the value of right time – right information consultations through steady, routine interaction propose, where suitable, that referrals to the legal team are filtered or put through a screening step urge management to put guidance in place for using the legal team (with your drafting support) and to take responsibility for monitoring any self help, eg contract assembly All four can operate within the same organisation, but 1, 3 and 4 rely on management buy-in. As most organisations are unwilling to keep expanding the in-house head count, managers must accept their role in promoting coherent use of a finite resource. Raise legal...
Reporting suspicions— FAQs This Practice Note— Reporting suspicions: FAQs—is aimed at law firms. It addresses common queries about suspicious activity reports ( SARs) within the anti-money laundering ( AML), counter-terrorist financing ( CTF) and counter-proliferation financing regime: Must a SAR be submitted when CDD measures cannot be completed? Is a SAR required if you cease acting or decline to act for a client owing to a money laundering risk factor? Does sending a SAR to the NCA constitute a breach of client confidentiality obligations? For how long should records relating to a SAR be kept, and is the retention period affected by whether the SAR involved a request for consent/a defence? Counter-proliferation financing is the most recent addition to the long-established AML and CTF regime. Obligations concerning...
Screening is central to sanctions due diligence, yet the intricate nature of watch list checks creates both challenges and risk. This Practice Note distils the hurdles posed by watch list screening and the boundaries of screening tools, then outlines ways organisations can strengthen screening without adding complexity or cost. For guidance on the who, when and how of sanctions screening, see Practice Note: Sanctions—systems and controls, and for law firms, Practice Note: Sanctions—systems and controls—law firms. The challenge Watch list screening is demanding for businesses for many reasons: name matching assessing politically exposed person ( PEP) status geopolitical uncertainty fast‑moving regulatory and policy change complex corporate structures data quality data volumes transaction volumes cross‑jurisdictional transactions judgement‑based decisions Limits of screening...
Sanctions designations are a principal tool through which the UN, the UK and the EU restrict the conduct of individuals and entities linked to threats to international peace, security, or other stated objectives. Once a person is listed, measures—most often asset freezes and curbs on providing funds or economic resources—apply automatically. In the UK, ministers are empowered to create and operate sanctions regimes under the Sanctions and Anti- Money Laundering Act 2018 ( SAMLA 2018). Internationally, the UN Security Council identifies targets via its listing procedures, while the EU adopts both UN-mandated and EU‑autonomous measures using its own legislative processes. This Practice Note outlines how designations work across these systems, the consequences for those subject to restrictions, and the routes available to challenge or seek removal from a list. For information about SAMLA 2018, see Practice Notes:...
STOP PRESS: On 19 June 2025 the Data ( Use and Access) Bill secured Royal Assent, was enacted as the Data ( Use and Access) Act 2025 ( DUAA 2025), and took partial effect immediately. Provisions dealing with, among other things, handling data subject access requests and granting powers to make further regulations commenced on 19 June 2025. Measures relating to Information Commissioner notices and elements of law enforcement processing started on 19 August 2025, two months after Royal Assent. Most of the Act still awaits commencement via additional statutory instruments. Parts 5 and 6 update elements of UK data protection and e Privacy law, touching the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications ( EC Directive) Regulations 2003, SI 2003/2426. Most Part 5 measures are...
Updated in November 2023 Introduction This guide sets out the principal matters a new business should consider before beginning operations in Romania. It is not exhaustive and does not amount to specific Romanian legal advice; such guidance must be sought from a Romanian lawyer before establishing and running a venture in the country. Accordingly, independent Romanian legal counsel should always be consulted for tailored advice. Strengthening the business climate, ensuring stability and predictability, and boosting competitiveness through innovation are central strands of the Romanian Government’s economic policy. The main route to greater competitiveness is raising productivity by diversifying and innovating the domestic industrial base. Executive branch priorities include improving the business environment by reinforcing State aid policy and advancing better regulation, which lowers administrative burdens on businesses, while enhancing transparency in decision-making and public consultation. At the same time, it intends to support private...
SRA Standards and Regulations General risk A commonly recognised way to define risk is: risk = likelihood x impact. Accordingly, for any particular risk confronting your business, consider two points: how probable it is that the risk will materialise, ie what is the likelihood? if it does materialise, how serious the consequences would be, ie what is the impact? You must identify, monitor and manage all material risks to your business......
This Practice Note explains how in-house legal teams can benefit by exploring alternative resourcing models. It focuses on understanding different service models and the reasons for looking beyond traditional law firms. External resourcing—what are the options? Shifting workload peaks, the ongoing need to show value, and changing attitudes to flexible working are altering how in-house teams distribute their matters. The law firm model Often, a project demands rapid expansion followed by swift dissolution. Because internal capacity can be inelastic, work is passed to external law firms for the life of the project—an expensive path. Could firms deliver certain work more cost-effectively by rethinking overheads—for example, a budget option with teams located away from premium city offices? Many organisations stay with law firms for perceived ‘corporate memory’. The difficulty in moving is helping a new provider grasp the business. Yet that memory usually sits with...
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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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