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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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Updated in April 2026 Introduction Türkiye has stood at the centre of international politics owing to its role in the Syrian conflict along its southern border and its approach to refugees. The coronavirus ( COVID-19) pandemic, as elsewhere, heavily influenced domestic policy and the economy. Disputes in the Mediterranean over the search for natural gas also stayed high on the agenda. Since the final quarter of 2018, the economy has endured recessionary conditions linked to the attempted coup d’état of 15 July 2016, marked by elevated inflation, costlier borrowing, and volatile exchange rates. Although economic projections were shaken in 2020 by the pandemic, Türkiye sought to blunt the fallout through the Economic Stability Shield programme unveiled on 18 March 2020, setting out nationwide supportive and preventative steps to lessen the economic damage, covering taxation, credit and labour-related matters. By late 2021, the Turkish lira had...
In a law firm where colleagues prize different outcomes, how do you home in on what truly energises your team? What will spur people to go the extra mile, and what could block that effort? This Practice Note looks at the core drivers of team motivation and shows that reward can mean different things to different individuals. It covers: what motivation means and why it operates differently for each person five sure-fire ways to demotivate your team how to spot signs of demotivation celebrating success and building on it tackling underperformance keeping hybrid teams motivated keeping part-time workers engaged making team meetings positive and pain-free What is motivation? Motivation is the force that propels what we do. It comprises the reasons or desires that lead us to act in a certain manner. As managers, our ability to motivate teams has limits. We do not control others, and there is no neat rulebook that will leave...
This ‘ How to’ guide explains the practical management of under-performance within the workplace. It looks, in particular, at potential causes of poor performance, a manager’s duties, approaches to encouraging those who are falling short and key traps to avoid, and it summarises a formal performance procedure. Why an employer should tackle under-performance At common law, there is an implied term that an employee will be capable of carrying out the role for which they were hired. For additional detail, refer to Practice Note: Types of contractual term in employment— Employee’s implied obligations, under ‘ Competence’. The core difficulty with under-performance is that the individual is either failing to do the work the employer requires, or is doing it without adequate competence......
This ‘ How to’ guide clearly explains how to run an informal performance management meeting. It helpfully outlines the meeting structure, in particular delivering appropriate feedback, basic coaching skills, and agreeing an action plan to be followed thereafter. An informal performance management meeting can very usefully be divided into two clear stages: explain in discussion with the employee clearly the difference between their current performance and the level expected, and then also establish the reasons for any under-performance where appropriate agree ideas on how to close that gap For further information and context on the management of under-performance generally, see Practice Note: How to manage under-performing employees. Establishing the nature of the under-performance and the reasons behind it Although the manager will need to provide some feedback during the conversation (see Feedback, below), the most valuable approach in the meeting is asking effective...
This Practice Note explores the steps an employer should take to handle the fair dismissal of an employee on performance grounds and to reduce the risk of an unfair dismissal finding. Employees with adequate length of service and who otherwise satisfy the qualifying conditions have statutory protection from unfair dismissal (see Practice Notes: Entitlement to claim unfair dismissal and Qualifying period for unfair dismissal). To prevent a determination of unfair dismissal, employers must have a fair reason to dismiss. Capability or performance is one of the potentially fair reasons for termination (see Practice Note: Reason for dismissal—general— Potentially fair reasons). Nevertheless, to dismiss an employee fairly for performance, the employer must also follow a fair process that provides the employee with sufficient opportunity to improve. Ultimately, it must be demonstrated that dismissal is a fair sanction to...
Labour and employment- Finland- Q& A guide This Practice Note presents a Finland-focused labour and employment Q& A, issued within the Lexology Getting the Deal Through series by Law Business Research (published: April 20232). Authors: Kalliolaw Asianajotoimisto Oy- Pekka Kiviniemi; Kalliolaw Asianajotoimisto Oy- Anni Santanen 1. What are the main statutes and regulations relating to employment? The principal legislation comprises: the Employment Contracts Act (55/2001); the Working Hours Act (872/2019); the Collective Agreements Act (436/1946); the Act on Cooperation within Undertakings (1333/2021); the Occupational Safety and Health Act (738/2002); the Occupational Health Care Act (1383/2001); the Act on the Occupational Safety Personnel Register (1039/2001); the Act on the Protection of Privacy in Working Life (759/2004); the Annual Holidays Act (162/2005); the Workers' Compensation Act (459/2015); the Trade Secrets Act (595/2018); the Security...
This Practice Note offers direction to in-house counsel on applying competency frameworks to cultivate talent across their teams, and features an example competency profile for a seasoned legal adviser. Competencies describe the behaviours people must demonstrate, or learn, to perform well in their roles and responsibilities at work. Where an organisation has adopted them, HR will usually champion competencies and act as their principal promoters within the organisation. At times HR promotes organisation-wide competencies for all staff; this can clearly pose issues for in-house lawyers, in particular, if they struggle to see their relevance to the legal function and to their role. Competency frameworks are valuable for pinpointing which team members already show potential to advance, and which have development or improvement needs that warrant attention and further support. They should not be used to criticise weaknesses, but to supply a...
ARCHIVED: This archived Practice Note summarises what employers should weigh up when running workplaces through the coronavirus ( COVID-19) pandemic, aligned with the government’s Living with COVID-19 approach and the shifts from 1 April 2022. It covers self-isolation for those testing positive, displaying symptoms or identified as close contacts, along with testing, contact tracing, self-isolation support payments, statutory sick pay ( SSP), duties on staff and employers, and considerations for at-risk groups. On 21 February 2022, the Cabinet Office set out the COVID-19 Response: Living with COVID-19, detailing the plan to lift the remaining domestic legal restrictions in England from 24 February 2022. Additional revisions applied from 1 April 2022, notably the end of free universal testing, updated advice on self-isolation for people with COVID-19, and the replacement of BEIS working safely guidance with new public health guidance (see: Timeline for changes below). For...
This Practice Note presents a jurisdiction-focused Q& A on Austrian labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research ( May 2023). Authors: Schindler Attorneys- Barbara Klinger. 1. What are the main statutes and regulations relating to employment? The key legal instruments are: Act on White- Collar Workers Labour Constitution Act Employment Law Harmonisation Act Act on Working Time Act on Rest Days Act on Employee Liability Vacation Act Act on Blue- Collar Workers 1859 Company Pensions Act Employees' Severance Pay Act Act on Maternity Protection Act on Father's Leave Act on Equal Treatment Act on Employment of Foreign Workers Act on Employment of Disabled Persons Act on Professional Training Employees Safety Act 2. Is there any law prohibiting discrimination or harassment in employment? If so, what categories are regulated under the law? Yes. The Act on Equal Treatment outlaws direct and indirect discrimination by employers on the basis of an employee’s sex, religion, or ethnic...
This Practice Note offers a Denmark-focused Q& A on labour and employment, featured in the Lexology Getting the Deal Through series by Law Business Research ( September 2022)... Authors: Norrbom Vinding- Yvonne Frederiksen... 1. What are the main statutes and regulations relating to employment? Denmark has no single, overarching employment act covering the entire labour market. Instead, employment relations are shaped by a combination of statutes, collective bargaining agreements and the parties’ individual contracts. Danish employment rules broadly fall into two strands: collective agreements and legislation concerning salaried (white-collar) employees... A significant share of workers in Denmark are subject to a collective agreement. Negotiated by trade unions and employer organisations, these agreements stipulate core employment terms and pay, commonly addressing working hours, minimum wages, notice requirements and similar topics. Consequently, many employment conditions are primarily determined through collective...
At some stage, every employer will encounter staff dissatisfaction. For this reason, employers need a clear route to handle complaints. A well-run grievance procedure helps settle disagreements and supports a contented workforce. What is a grievance? Under the Acas Code of Practice on disciplinary and grievance procedures, grievances are the concerns, issues or complaints employees bring to their employer. The non‑statutory Acas guidance, Discipline and grievances at work, recognises that anyone in an organisation may at some point face worries about their job, conditions, or colleague relationships that they wish to raise with management. They expect the matter to be taken seriously and, where possible, resolved. Management likewise benefits from tackling problems early, before they escalate into significant difficulties for everyone. employment terms and conditions health and safety working relationships bullying and harassment new ways of working work...
UK GDPR regime This material examines the UK GDPR framework, with legislative references pointing to Assimilated Regulation ( EU) 2016/679, the UK General Data Protection Regulation ( UK GDPR) and the Data Protection Act 2018 ( DPA 2018), unless specified otherwise. It reflects the provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025) in force on 5 February 2026 (see Practice Note: Data ( Use and Access) Act 2025—employment implications). For broader guidance on workplace data protection, consult the following Practice Notes: The UK GDPR and DPA 2018: key data protection issues for employment lawyers The UK GDPR and DPA 2018: lawful processing of personal data in employment For a fuller overview of the UK GDPR, refer to Practice Note: The UK General Data Protection Regulation ( UK GDPR). Throughout recruitment and selection, employers must process—ie collect, use and...
This Practice Note considers: sexual harassment under section 26(2) of the Equality Act 2010 ( Eq A 2010) (see: Sexual harassment below), and the distinct duty on an employer under Eq A 2010, s 40A to take ‘reasonable steps’ to prevent sexual harassment of employees in the course of their work (see: Duty to prevent sexual harassment below) the protection arising from whistleblowing where a person makes a disclosure concerning sexual harassment (see: Whistleblowing, below) The safeguards outlined here are separate from the ‘standard’ protection from harassment related to the protected characteristic of sex, which is covered comprehensively in Practice Note: Harassment. For a sample harassment and bullying policy addressing sexual harassment specifically, see Precedents: Policy—harassment and bullying and Policy—harassment and bullying (short form). For an employer toolkit to support a sexual harassment risk assessment and to determine measures to mitigate...
Harassment under the Equality Act 2010 ( Eq A 2010) This Practice Note examines harassment within the Equality Act 2010 ( Eq A 2010), meaning exposing a person to unwelcome behaviour linked to a relevant protected characteristic (race, sex etc), where that behaviour is intended to, or in fact does, undermine the victim’s dignity or produce an environment that is intimidating (eg bullying), hostile, degrading, humiliating or offensive. Sexual harassment (ie unwelcome behaviour of a sexual kind with the necessary purpose or effect), and employers’ obligations to prevent sexual harassment, are addressed separately in Practice Note: Sexual harassment and the duty to prevent it. The Note also looks at the Protection from Act 1997 ( PHA 1997) (see: Protection from Act 1997, below). This Practice Note includes citations to case law of the Court of Justice of the European Union ( CJEU). For...
What's the issue? The Health and Safety Executive ( HSE) describes lone workers as individuals who carry out their duties on their own, without close or direct supervision. Examples include: people working from home people whose roles take them away from a fixed base professionals visiting domestic and commercial premises people working apart from others on the same premises, such as cleaners, security, maintenance and reception staff, or those working outside normal business hours Evolving working practices and the growing use of technology are increasing how many people fall into the lone worker category. Employers are accountable for lone worker safety during working hours, whether staff are in the office, in a vehicle, working from home or undertaking a home visit. This duty relates not only to physical wellbeing but also to mental...
Regulatory regime overview Advertising in the UK is governed by legislation alongside self-regulatory industry codes, chiefly the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code) and the UK Code of Broadcast Advertising ( BCAP Code) (outlined below). Self-regulation plays a central role in the UK; however, broadcast advertising operates within a statutory framework under the Communications Act 2003 ( CA 2003). Marketers should also be mindful of sector-specific rules and codes. The principal laws addressing unfair or misleading commercial practices, which also inform the CAP and BCAP Codes, include: Chapter 1 of Part 4 and Schedule 20 to the Digital Markets, Competition and Consumers Act 2024 ( DMCCA 2024) The Business Protection from Misleading Marketing Regulations 2008 ( BPR 2008), SI 2008/1276 Consumer protection from unfair trading From 6 April 2025, Part 4, Chapter 1 of the DMCCA 2024 largely repealed the Consumer...
An appraisal and one-to-one (121) framework is essential for law firms aiming to raise performance, align personal and organisational aims, and cultivate a culture of growth. Used well, appraisals and 121s lift engagement and retention, and contribute to firm-wide success by linking individual objectives to business strategy and enhancing client service. This Practice Note provides practical guidance on getting the best from the appraisal and 121 system and highlights the business benefits available from a disciplined, structured approach. What does a good appraisal and 121 system look like? The system centres on regular, structured conversations between employees and their managers to review performance, set objectives, share feedback and discuss career development. It can be tailored to the realities of legal practice, including: Billable hours Client satisfaction Building on professional strengths Schedule a formal meeting annually, supported by frequent interim 121s. If treated as a...
STOP PRESS: The Data ( Use and Access) Act 2025 ( Commencement No 6 and Transitional and Saving Provisions) Regulations 2026, SI 2026/82, activate the remaining provisions of the Data ( Use and Access) Act 2025 ( DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement take effect from 5 February 2026, with penalty notices and complaints provisions commencing on 19 June 2026. For further details, see Practice Note: Data ( Use and Access) Act 2025—employment implications. That Practice Note will be updated shortly to reflect these developments. The growing reliance on social media brings both opportunities and hazards for employers and staff. The capacity to connect, build networks and broadcast swiftly to broad yet targeted audiences can greatly aid an organisation when used constructively. Yet the same characteristics can create serious...
This Practice Note This Practice Note examines the legal and commercial considerations that stem from direct marketing activity. It addresses the pertinent provisions of Assimilated Regulation ( EU) 2016/679, the United Kingdom General Data Protection Regulation ( UK GDPR), the Privacy and Electronic Communications ( EC Directive) Regulations 2003 ( PECR 2003), SI 2003/2426, and the Data ( Use and Access) Act 2025 ( DUAA 2025), insofar as they relate to direct marketing (including the soft opt-in), covering live and automated calls, unsolicited email campaigns, text message promotion, and reliance on marketing lists. Alongside the UK GDPR, PECR 2003 and DUAA 2025, it also reviews other regulatory and industry frameworks pertinent to direct marketing. These comprise the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code), the Data & Marketing Association’s Code ( DMA Code), the...
This Practice Note explores the function and significance of boilerplate clauses within a contract. It highlights the boilerplate provisions most frequently seen in transaction-related agreements and considers the method to adopt when reviewing or drafting agreements that contain boilerplate terms. Solicitors handle an extensive range of transactions, yet every one of them will, in some respect, involve written contracts. Each of those contracts ought to include certain boilerplate provisions. What is boilerplate? There is no universally accepted definition of a ‘boilerplate’ clause. Such clauses are often regarded as standard, catch-all terms. They are routinely accepted with minimal thought or bargaining, but treating them this way is risky. It is better to view ‘boilerplate’ as a label for the clauses inserted to govern the mechanics of how the agreement operates and the legal considerations common to most transactions. They are typically located at the start and the close of an...
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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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